ML20215H379

FOIA Request for Documents Re Dismissal of Health Physicist for Whistleblowing as Reported by Associated Press on 861230

ML20215H379
Person / Time
Site:	Peach Bottom
Issue date:	04/15/1987
From:	Rubinton D GOVERNMENT ACCOUNTABILITY PROJECT
To:	NRC
References
FOIA-87-228 NUDOCS 8706240082
Download: ML20215H379 (3)

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• GOVERNMENT ACCOUNTABlUTY PROJECT 1555 Convecticut Avenue. N W. Suite 202

. Washingrrsn. D C 20036 (202)202 ,.

MIDWHST OFFJCE 104 E. WISCONSIN AVENUE APPLETON, WISCONSIN 54915-8605 April 15, 1987 FREED,OM,_OF INFORMATION ACT REQUEST n i r ,,c t o r EREEDOM OF INFORMATION Office of Administration ACT REQUEST U.S. Nuclear Regulatory Commission Washington, D.C. 20210 gj$ -[7" TO WilOM IT MAY CONCERN t

fol.

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, the Government Accountability Project (GAP) requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calanders, tapes, l transcripts, summaries, interview reports, procedures, instructions, j engineering analyses, drawings, files, graphs, charts, maps, p h o t o g r a pt.3 ,

agreements, hadnwritten notes, studies, data sheets, notebooks, books, telephones messages, computations, voice recordings, computer runoffs, and any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with the dismissal of a health physicist for "whistleb1cwinc" at the Beach Bottom nuclear plant as reported by the Associated Press on 6 December 30, 1986 (see enclosed). This request covers records generatu. ho'F before and after the release of the report, as well as any records gcr.- .

in connection with this request.

8706240082 870415 PDR FOIA RUBINTOB6-228 PDR This request inclifdes all agency records as defined in 10 C.P.R. 9.3a' and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NP,C offical, ".

investigative or other files, or at any other location, including pnv a residences.

If any records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, g 2, and covered by this request have been destroyed and/or removed after uns request, please provide all surrounding records, including but not lu c .d to a list of all records w hich have been or are destroyed and/or re .cVed, a description of the action (s) taken relevant to, generated in connection w'?

and/or i ssued in order to implement the action (s).

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~'. .9,  ;.

i CAP meiosI s thnt fees be wai>e<1, becanso " fin <11ng the i,n f oi ma t i on , ca n bn consl<lared as ptjmarily hcnofiting the gennral ,

I pnblic," 5 U.S.C. 5 52 (a) (4) (a). GAP is a non profit, non-partisan pnblic int nrest organization concerne<1 wi th honest and open governmen . f Throngh public outreach, the Project promotes whistleblowers as agents I of government accountability. Through it Enviremental Whistleblower {

Clinic, GAP offers assistance to local public interest and citizens groups and intervenors in the concern for safety at nue, lear power plants.

We are requesting this information as part of an ongoing monitori..;

project of the flRC's efforts to protect public health and safety at and near nuclear processing plants and radioactive waste facilities.

1 For any documents or portions thnt you deny due to a specific l FOIA exemption, please provide an index itemizing and describing the i i documents.or portions of documents withheld. The index should provide j a detailed justification of your grounds for claiming each exemption, '

explaini.ng why each exemtion is relevant to the document or portion of the document withheld. This index is required under yau,ghn v.

Rosen (1), 484 F2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 l 1

(1974).

( We look forward.to your response to this request within ten (10) working days.

Sincerely, ,

/

'l 2 I g.M p David S. Rubinton, Coordirator FOI?. Litigation Clinic, G1 P n

, Responses to this request should be mailed to  :

104 E. Wisconsin Avenue Appleton, Wisconsin 54915-8605

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li> l.::cc2;ic: it;;i 11- Pt;1<!: ' ite AL f :.e Lt . : cc.3,,11td b/ *oe o ;;.L*:. i .

' e i?.. r.;.y no: ge rt;.ub1:5 hc J .41 t hou t t oe e g r e z,; w r i t t: ;;n: % i A 5. 1L'.r.m h a5.

Jc n ce r 30,19JL , be:ny , N' :1:

5 CT10H: Domestic News -

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LENGTH: 287 words r.

HEADw1NE: NP.C : Peach ictics Fired Whistle-C1cwer DATEL'NE: pHlLACELPHIA M*YWORD: ta;ke Whistle-B1cw2r D0DY: ,

A r.uc. Lear p>.f r plant employee exposed to radiation at U.e Peact) E6ti .

nuclear plant wa5 laid of f because he notified the fluclear P.eg 13tCT y Cet .

of the incident, an Hkt spokesmasi says. ,-

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Tne Associated Presl , December 30, 19B6 HCwever, Philadelphia Electric Company, which owns 42.5 perecnt of tr3 -

Bottem plant, said the empicyee, a health phy51c15t, ha5 dism155ed in a c6 *..: ,,

at the plant that reduced the work force f rcm 130 et.ployee5 to 90.

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The f ederal regulatcry agency will review the case and release its fin: ;.

- by the end of next month at the earliest, according to E0b Gallo, NRC sect . s enief responsible for the Peach Ecttom plant, which is located near the h- -

border.

"This has a ch1111dg ef f ect On employees at all nuclear power plants," ^ .. . ..

Said Monday.

tt?v, f eel 1:ity will icie the:r jet 5 if trey Spet' t; thc NRC, e.in'....

there could be potential prculems at the plant that we oculdn't find cut ;;. .

he said, A 1974 federal law prohibits employee 5 at nuclest p0W2r plants from tE; fired for

• Whistle-blowing," Gallo Sa10.

An NRC report re' leased in Septem'ber concluded that the health phy51c15.

employee of Bartlett Nuclear Inc., a subc0ntractor 3t the plant, would nc ;

been laid of f if he hadn't Spoken'to the NRC about the March 1985 inc1CE:.

The A550Clated pre 55, December 33,1386 03110 531d. "'

A Pebch Lottom of ficial told a f artlett SuperYlior, "I Want IDe healt ,,

physicist.to um .. ,. go in tne first round of layof f 5," according to testameny g; .

The healtn physic 13 t an3 inree other emp1 Lyse 5 WJrc CAL sed to r2dtC4' gas c5J3:0 by &n Eq it c1:nne: Ecd! i~ -

in (he reacter. The NRbwent malfunction, while examin;m;: ore 100EJ that the levels cf ra:ltt:Cn to wht."n . ._

workers were exposec were acceptable.

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