ML20216C565

From kanterella
Jump to navigation Jump to search
FOIA Request for Documents Re Three NRC Investigations Undertaken in Response to Inadvertent Release of Names of Workers Who Had Notified NRC About Potential Violations at Saint Lucie NPP
ML20216C565
Person / Time
Site: Saint Lucie  NextEra Energy icon.png
Issue date: 03/06/1998
From: Murawski J
AFFILIATION NOT ASSIGNED
To: Coleman J
NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML20216C557 List:
References
FOIA-98-111 NUDOCS 9805190323
Download: ML20216C565 (7)
v • d • e


Text

.

B St 27s1 s0VTN DIX!! HlaHWAY RO.s0X 24700. W987 PALM ssACH PL 3341s 4700 (esi) estH100 March 6,1998 c( j, .,cy 3,3;j g,p We ik , .W!![ -.. l July Colernen OP.:0 ??cd - //,- f8 _

FOIA Coertlinesor /gh;, Og .pg]' ', '

Nuciser Regulatory Commission , ~"

c ... . . , . . . .

61 Forsyth St. --- -- ---

Suite 23.T.85 Atlanta,GA 30303 Deer. Ms. Colernen:

I would like to request three NRC investigations under the Freedom ofinformation Act. in responding to a recent POTA request, the NRC Inadvertently released the names and/or idendties of some workers et Florida Power and Light Co.'s St. Lucit Nuclear Plant. The workers had confidentially notifled the NRC about potential sehty violations et the plant. The NRC has undertaken three asperate investigations to desermine how the arm happened. I would like to request those three Investigations - the hnal reports, recommendations, causes, internal corrective actions, number of FPL employees affected, any consequences they sufheed, etc. One lavestigation has already been completed - Ibo regional Investigation by Region 11. The Inspector General is also looking at this arm. So is an independent task ibros of the Omce of the Executive Director fbr Operations.

I can be reached at work at $61 820-4789. My fax number is $61 820-4578. You can also reach me by e-mail at:

John _murswski@pbpoet.com My malling address is:

1ho Palm Beach Post 2751 South Dixie Highway j West Palm Beach, FL 33405 l

1 1 appreclete your help.

l Sincerely, l

John Murewskt 1 I

I l

I I

9805190323 980508 '

PDR FOIA MURAWSKV8-111 PDR ee d q c,,3 qs23 It os osN cn 90c??99+?ct' 0?!QT QAAT-TT-EO j

A k

F0IA GUIDANCE A review was performed to determine the various guidance available to the Region 11 staff at the time F0IA 97-461 and 97-484 were 3rocessed. A summary of these documents and pertinent excerpts are described )elow:

REGIONAL OFFICE INSTRUCTION 0350. REVISION 4. CONTROL OF FREEDOM 0F INFORMATION ACTS RE0 VESTS This procedure describes the Region's procedures for processing F0IA requests.

Section B clearly indicates that the Region is responsible for screening documents prior to release to ensure that withholdable material is 3roperly marked 3rior to forwarding to Headquarters. Section C.1.c states tlat the Senior Reviewing Official will review all significant FOIA packages prior to their being sent to Headquarters. Protection of classified and safeguards information subject to FOIA is addressed; however. protection of allegation material is not. A discussion of 01 related records is provided; however, no specific guidance is provided for allegation related records.

REGIONAL OFFICE INSTRUCTION N0. 1030. REVISION 9 PROCESSING ALLEGATIONS.

COMPLAINTS. AND CONCERNS 2.2.2 ~Under the Freedom of Information Act (FOIA). disclosure may be necessary; however, to the extent possible. information provided under the FOIA will. consistent with the F0IA. be purged of names and other '

potential identifying information." 1 1

MANAGEMENT DIRECTIVE 3.4. RELEASE OF INFORMATION TO THE PUBLIC l Part III of the Handbook in this Directive describes information which is prohibited from disclosure by statute executive order or regulation. In addition. Part III describes " Records not routinely publicly released for substantive policy reasons include" -- " Records related to allegations."

However, this guidance does not provide any further details. One could infer that no allegation material is releasable, even if redacted.

MANAGEMENT DIRECTIVE 8.8. MANAGEMENT OF ALLEGATIONS Part I.A.4 of the Handbook transmitted by this Directive addresses FOIA requests. This section grovides that "Information that may identify an alleger or a confidentia, nurce may not need to be released in response to F0IA requests" -- "This is a case-by-case decision that has to be made by the OAC. the Director. 01, or other designated individual." In addition. this section states that "During review of an allegation, all documentation may be exempt from release under the F0IA. in accordance with F0IA Exemption 7. and 10 CFR 9.17(a)(7) when release of this information could reasonably be expected to interfere with law enforcement proceedings. However, a F0IA request received while a case is open will ' freeze' those documents in the file because they have been captured under the FOIA request. When the case is

' closed, allegation documentation may be subject to release-under the F0IA.

with appropriate precautions to protect the identity of the alleger and Attachment 4

/

A f/7?~ --.

9t-w lj < 1

2 confidential sources and to avoid the release of privacy information.

= safeguards information, or proprietary information."

Part III.E.2.e of the Handbook states that "information provided under the

'FOIA will, to the extent consistent with that act, be purged of names and other. potential identifiers."

MANAGEMENT DIRECTIVE 3.1. FREEDOM 0F INFORMATION Under responsibilities of the Director. Division of Freedom of Information and Publications Services (DFIPS), the Directive states that "DFIPS will prepare the response to the requester, using the list of records from the searching office, and obtain necessary concurrences.

Under responsibilities of the Region, the Directive states that "The searching office will review in detail the records it originated or for which it has princiaal responsibility before recommending to DFIPS which records to release or wit 1 hold, in whole or in part, from the public. The Directive also states i that the each category of records provided to DFIPS must be accompanied by a l list that 1ncludes a description of each record and the number of pages.it contains.

No references are made to Management Directive 8.8 or to the processing of allegations under the FOIA.

F0IA/LPDR BRANCH TRAINING PACKAGE - 7/26/1994. (TRAINING PROVIDED ON 7/27/1994 BY RUSSELL POWELL AND MARY PAT SIEMEN)

ANN 0UNCEMENT NO. 91 THE PRESIDENT'S MEMORANDUM ON THE FREEDOM 0F l INFORMATION ACT AND OPENNESS IN GOVERNMENT IVAN SELIN - 11/5/1993 "The attached memorandum from President Clinton calls for government- I wide enhancement of the effectiveness of the Freedom of Information Act and underscores a message that it is necessary to conduct our business as regulators in a way which fosters openness to the public."

"We must also provide access to and distribute as much information as .

.possible on our own initiative." l

)

THE WHITE HOUSE MEMORANDUM - THE FREEDOM OF INFORMATION ACT - 10/4/1993 "I therefore call upon all Federal departments and agencies to renew their commitment to the Freedom of Information Act, to its underlying principles of government openness, and to its sound administration."  !

"Further, I. remind agencies that our commitment to openness requires more than merely responding to requests from the public. Each agency i has a res)onsibility to distribute information on its o.vn initiative. -

and to en1ance public access through the use rf electronic information Attachment 4

3 systems. Taking these steps will ensure compliance with both the letter and spirit of the Act."

FREEDOM 0F INFORMATION ACT DISCLOSURE POLICY MEMORANDUM FROM HUGH THOMPSON - 12/17/1993 "On October 4. 1993, President Clinton and Attorney General Janet Reno announced a new Department of Justice policy regarding information denied in response to Freedom of Informatior Act (F0IA) requests."

" Exemption 7A is another exemption that deserves closer attention. The exemption does not allow for a " blanket" withholding of all records relating to a case merely because an enforcement proceeding is pending."

"In most cases, it does not seem reasonable to claim that none of the records in a pending investigative file can be disclosed without possibly interfering with the investigation or proceeding." Per DE MIRANDA. during training. Mr. Powell was specifically asked if we had to release portions of open allegations, enforcement actions, etc., and he (POWELL) said yes.

OFFICE OF THE ATTORNEY GENERAL - THE FREEDOM OF INFORMATION ACT -

MEMORANDUM FROM JANET RENO - 10/4/1993 "First and foremost. we must ensure that the principles of openness in government is applied in each and every disclosure and nondisclosure decision that is required under the Act.' '

'It is my belief that this change in policy serves the public interest by achieving the Act's primary object -- maximum responsible disclosure of government information -- while preserving essential confidentiality.

"The American public's understanding of the workings of its government is a cornerstone of our democracy." "The Department of Justice stands prepared to assist all Federal agencies as we make government throughout the executive branch more open, more responsive. and more accountable. '

FOIA EXEMPTIONS (ADDITIONAL INFORMATION RE0 VESTED DURING FOIA TRAINING 7/27/1994) PEGGY SHAW. CHIEF. ADMINISTRATIVE MANAGEMENT BRANCH DRMA -

8/4/1994 - FROM FOIA HANDBOOK HOW 00 AGENCIES PROTECT CONFIDENTIAL SOURCES?

(a) "The staff should exercise extreme caution and a conservative attitude at all times when reviewing records concerning confidential sources. NRC is obligated to protect the name and other identifying information of a confidential source. The -

following information normally should be withheld:

Attachment 4

l 1

4

"(I) Name of the confidential source. social security number. and date of birth:

(ii) Home address and home teleahone number:

(iii) Employee badge number, worc phone number. Work office location, and job title:

(iv) Educational background that would identify the individual, such as date of degree or journeyman certification, school (s) attended, dates attended. degrees (s) received, etc..

(v) Previous employment information that would identify the individual, such as the name of the employer (s), job titles (s), or the dates of employment:

(vi) References to date and time of events and meetings which could reasonably lead a knowledgeable person to identify the confidential source:

(vii) References to a supervisor, coworkers, or relatives which could lead a knowledgeable person to identify a confidential source:

(viii)Date and time of meetings with NRC staff regarding allega i tion:

(ix) Dates or current employment: and (x) References or initials on forms or documentation which indicate the source of the documentation of information."

"The following examples show a range of situations which require consideration during the sanitization process:'

~(I) Is the confidential source part of a limited number of personnel involved in, or aware of, a particular situation?

(ii) Has the confidential source been personally involved in identifying a condition to management. especially where such identification resulted in a conflict or disagreement (as indicated in the file) between the confidential source and management?

(iii) Has the confidential source filed, or attempted to file. a grievance. EEO. or similar complaint regarding a particular condition?

(iv) Has the confidential source initiated nonconformance. corrective, or other documentation regarding the reported condition?"

FREEDOM 0F INFORMATION ACT - SENIOR MANAGEMENT OFFICIALS AND F0IA C0ORDINATORS TRAINING CONFERENCE OCTOBER 31, 1996 The training highlighted the requirement for appendices to be typed in the standardized format and provided to the FOIA Branch electronically.

t Attachment 4

1 1

i l

5 l

NOVEMBER 1. 1996. ELECTRONIC MAIL FROM RUSSELL POWELL TO F0IA COORDINATORS This e-mail provided instructions to the FOIA coordinators on the format to be used in preparing appendices. The ap]endices formats, the method of listing the documents, and the categories to )e used were provided. The e-mail did I not indicate that the appendices were being released to requestors of information under the FOIA.

1 I

l i

l I

Attachment 4

REVISED REGIONAL OFFICE INSTRUCTION 0350 1

1 I

i 1

Attachment 6

- _.

Retrieved from "https://kanterella.com/w/index.php?title=ML20216C565&oldid=3208292"