ML20234F404

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Partial Response to FOIA Request for Documents Re Plant. Forwards App E Documents.App F & G Documents Partially & Completely Withheld (Ref FOIA Exemptions 6 & 5), Respectively.App D & E Documents Available in PDR
ML20234F404
Person / Time
Site: Peach Bottom  Constellation icon.png
Issue date: 07/01/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Rubinton D
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20234F407 List:
References
FOIA-87-228 NUDOCS 8707080209
Download: ML20234F404 (7)
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U.S. NUCLEAR REGULATORY COMMISSION wnC rotA REQUEST NUMBERtSi 4' -~ \% ,

Forn nr aESeoNSE Tiet E #

! $ RESPONSE TO FREEDOM OF l""^' I X **""^'

S INFORMATION ACT (FOIA) REQUEST s.o.../ 04; a1-DOCnET NUMBERtSi ur appassem

  • 8 PART I.-RECORDS RELEASED OR NOT LOCATED (See checked boxesl No agency records subject to the request have been located.

No additional agency records subject to the request have been located.

Agsney records subject to the request that are identified in Appendix b are already available for public irspection and copying in the NRC Public Document Room, n 1717 H Street, N.W.. Washington. DC.

Agsney records subject to the request that are identified in Appendix b are being made available for pubhc inspection and copying in the NRC Public Document Room,1717 H Street. N.W., Washington. DC, in a fo6 der under this FOIA number and requester name. ,

f The nonpropnetary version of the proposaks) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for pubhc inspeClion and coying at the NRC Public Document Room.1717 H Street. N W., Washington, DC, in a folder under this FOIA number and requester name.

Enclosed is information on how you may obtain access to and the charges for copying records placed i9 the NRC Pubhc Document Room,1717 H Street, N.W., Washington, DC.

Agency records subsect to the request are enclosed. Any applicable charge for cop;es of the records provided and payment procedures are noted in the comments section.

Records subsect to the request have been referred to another Federal agency (ies) for review and direct response to you.

In view of NRC's response to this request, no further action is being taker on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE j Certain information in the requested records is being withheld from pubhc disclosure pursuant to the FOIA enemptions described in and for the reasons stated an Part II, sec- <

tione B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for pubhc inApection and copying in ,

l the NRC Pubhc Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOlA number and requester name.

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SIGN '9(. DIRECTOR. DIVISION OF ULES AN" EP DS LM4 Y f A qM df 8707000209 870701 PDR FOIA RUBINTOB7-228 PDR 19RC FORM 464 ipa't 11 r9 96i

FREEDOM OF INFORMATION ACT RESPONSE FOlA NUMBERISI: FoI A - F 7- MTr" oATE: JUL 1 mg7 PART ll B- APPLICABLE FOIA EXEMPTIONS Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 5(a) of NRC Regulations.

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t. The withheld information is properly classified pursuant to Executive Order 12356 (EXEMPTION 1) 1
2. The withheld information relates solely to tne internal personnel rules and procedures of NRC. (EXEMPTION 21 {

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3. The withheld informaton is specifically exempted from public disclosure by statute indicated (EXEMPTION 31 l l

Secten 141 145of the Atomic Energy Act which prohibits the disclosure of Restricted Data 'or Formerly Restncted Data 142 U.S C. 216121651.

Secten 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

4. The withheld 6nformation is a trade secret or commercial or financial information that is being withheld for the reasonis) indicated (EXEMPTION 4) 1he information is considered to be confidentsal business fproprietary) information.

The ~nformation is considered to be propnetary information pursuant to 10 CFR 2.790(d)(1).  ;

The infctmation was submrtted and received in confidence from a foreign source pursuant to 10 CFR 2.790id)(2).

5. The withheld nformation consists of interagency or intreagency records that are not available through discovery during litigation. Disclosure of predecisional irJormation would tend to inhibit the open and frank exchange of ideas essential to the deliberative process Where recorda are withheld in their entirety, the facts are inextricably inttrtwined with the predecisonal informaton. There also are no reasonably segregable factual portions because the release of the facts would permit an Indirect inquiry it to the pre.decisonal process of the agency. (EXEMPTION 51
6. The withheld informstion is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 6)
7. The withheld information consists of investigatory records compiled for law enforcement purposes and is being withhrld for the reason (s) indicated. (EXEMPTION 7) l q

D:sclosure would intertwo with an enforcement proceeding because it could reveal the scope. direction, and focus of enforcement efforts. and thus could possibly allow them to take action to shield potential wrongdoing or a violauon of NRC requirements from investigators. (EXEMPTION 7(All l 1

i Disclosure would constituto en unwarranted invasion of personal privacy IEXEMPTION 7(Cl) j The information consists of rwmes of individuals and other information the disclosure of which would reveal identitles of confidential soufces. (EXEMPTION 7t0))

f PART 11 C-DENYING OFFICIALS i

Pursuant to 10 CFR 9 9 and/or 9.15 of the U S. Nuclear Regulatory Commission regulations, it has been determiner' that the information withheld is exempt f rom production or disclosure, j and that its production or disclosure is contrcry to the pubhc interest. The persons responsible for the denial are those officials identif9d below as denying officials and the Director, Davision of Rules and Records, Office of Administraton, for any denials that may be appealed to the Executive Director for Operations (EDol.

j_ , TITLEiOFFl[E , RECORDS DENIED APPELLATE OFFICIAL

& _ , DENYING } fm AOFFICIALBOU- o G f gy, SECRU m EDo l

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PART 11 D- APPEAL RIGHTS The denial by each denying official identified in Part ll.C ma r be appealed to the Appellate Official identified in that section. Any such appeal must be in i writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Co nmission, Washington, DC 20555, and should clearly state on the envelope and in the letter i t5at it is an " Appeal from an initial FOIA Decision." {

NRC FORM 464 IPert 21 U.S. NUCLEAR REGULATORY COMMISSION

  • am FOIA RESPONSE CONTINUATION i

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Re: F01A-87-228 APPENDIX D RECORDS MAINTAINED AMONG PDR FILES

1. 9/22/86 Letter to PEC0 from Region I with enclosure of Investigation j Report 50-278/1-85-019, Accession No. 8702170063.

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Re: F01A-87-228 APPENDIX E l l

RECORDS IN THE PDR UNDER THE AB0VE REQUEST NUMBER

1. 5/2/84 PECO Procedure No. RT-11-00511 (9 pages).
2. 2/1/85 Data Sheet HP0/CO-23 PECO Off-Gas Sample Form, Unit 3 (6 pages).
3. 2/25-3/4/85 Data Sheet ST 7.6.1.j-3 Wet Activity (3 Roof Vent)

Activity Released (3 Roof Vent) (1 page).

4. 2/26 & 3/1/85 Data Sheet ST 7.6.1.j-4 Main Stack (2 pages).
5. Undated The Use of Beta / Gamma Rations in Maintaining Beta Exposu '

Alara (4 pages).

6. 3/1/85 Log Entry (1 page).
7. 2/28-3/1/85 TB3 Off-Gas Pipe Tunnel Mod.- Log Entries (3 pages).
8. 3/1/85 Air Analysis Data Sheet- Peach Bottom Station (3 pages).
9. 3/1/85 Air Analysis Data Sheet- Peach Bottom Station (3 pages).
10. 3/1/85 AirAnalysisDataShcet-PeachBottomStation(3pages).
11. 3/1/85 Air Analysis Data Sheet- Peach Bottom Station (3 pages).
12. 3/1/85 Air Analysis Data Sheet- Peach Bottom Station (3 pages).
13. 3/1/85 Air Analysis Data Sheet- Peach Bottom Station- Location:

North End TB3 116' El. (3 pages).

14. 3/1/85 Air Analysis Data Sheet Peach Bottom Station- Location:  ;

TB3 102' Control Point (3 pages).

15. 3/1/85 EventDescription(1page).
16. Undated Handwritten Description of Events (7 pages).
17. 3/4/85 Data Sheet HP0/C0-23 Philadelphia Electric Company Off-Gas Sample Form, Unit 3 (6 pages)
18. 3/4/85 Air Analysis Data Sheet- Peach Bottom Station (3 pages).
19. 3/7/85 Air Analysis Data Sheet- Peach Bottom Station (3 pages).
20. 3/7/85 Air Analysis Data Sheet- Peach Bottom Station (5 pages).
21. 3/13/85 Air Analysis Data Sheet- Peach Bottom Station (7 pages).

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APPP4 DIX E (Cont'd)

22. 8/9/85 Note with Enclosure to Peach Bottom Residents (2 pages).
23. 10/2/85 From George Fields to J. H. Williams, Allegations ReceiptReport(2pages).
24. 10/8/85 NRC, Region I File, Allegation Panel Decisions / Allegation l Description (2 pages).
25. 10/15/85 NRC, Region I File, Allegation Panel Decisions / Allegation Decription(2pages).
26. 11/1/85 hRC, Region 01 Field Office (Region I), memo subject:

Discussion with Stu Nelson. (1 page).

27. 11/5/85 Release signed by George A. Field.
28. 5/8/86 Memo from Ben Hayes to Thomas Murley, subj: Peach Bottom Atomic Power Station, alleged Threats to Employees to Prevent Disclosure of Overexposure to hRC (1page).
29. 5/19/86 Memo from James Lieberman to Murley, Taylor and Denton, subject: 01 Report 1-85-019 dated 5/8/86, subject: Peach i Bottom, alleged Threats to Employees to Prevent Disclosure of Possible Overexposure to NRC (1 page).
30. 6/25/86 Memo from Chester White to Thomas Murley, subject:

Release of Investigation Report No. 1-85-019- Peach Bottom Atomic Power Station / Alleged Threats to Employees to Prevent Disclosure to NRC (1 page).

31. 7/9/86 Memo Ben Hayes to Thomas Murley, subject: Office of Investigations Report No. 1-85-019, Alleged Threats to Employees to Prevent Disclosure of Possible Overexposure toNRC,PeachBottomAtomicPowerStation(1page), i
32. 8/28/86 Memo for Thomas E. Murley from Chester White, subj: Report of Investigation No. 1-85-019(1page). l
33. 11/18/86 NRC/PECO Enforcement Conference 11/18/86(1page)
34. 12/22/86 Letter from Thomas Murley to J. W. Gallogher, subject:

Application for Withholding of Report of Investigation FromPublicDisclosure(2pages).

35 2/10/87 PAO, Region I Press Release Distribution, Press Release I-87-21(2pages).

36. 2/10/87 NO. I-87-21 Press Release (2 pages).
37. 2/11/87 Fax Copy 2/11/87 (of Newspaper Article from The Mercury dated 1 page).

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Re: F01A-87-228 APPENDIX F RECORDS PARTIALLY WITHHELD 1

1. 1/1/85 Radiation Work Pennit ho. 3-I-003 (16 pages). Ex. 6
2. 3/14/85 Discrepancy Report (4 pages). Ex. 6
3. 8/5/85 Radiation Contamination- Airborne Survey (2 pages). Ex 6
4. 10/16/85 Letter from Robert M. Gallo to George fields, subject: l Concerns of Radiation Exposure Received on 3/1/85 at Peach 6cttom (1 page). Ex 6
5. Uncated Followup Conversation with George Fields, Bartlett huclear (1 page). Ex 6 1
6. 3/23/87 Letter from Robert M. Gallo to George Fields, subject: Request I for Investigation Report Regarding Employee Termination at the Peach Bottom Atomic Power Station (1 page). Ex. 6
7. Multi Radiation Work Permit Access and Exposure Control (3 Dates pages). Ex. 6 l

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, 4 Re: F01A-87-228 AP_PENDIX G RECORDS TOTALLY WITHHELD

1. Undated Briefing Paper on Health Physicist Termination and 10 CFR 50.7 Violation (2 pages). Ex. 5
2. 6/17/86 Memo from Thomas E. Murley to Ben B. Hayes, subject: Peach l Bottom Atomic Power Station (PBAPS): Report of Investigation (1-85-019) Alleged Threats to Employees to Prevent Disclosure of Possible Overexposure to NRC (1 page). Ex. 5
3. Undated 01 Report on HP Intimidation / Termination (Fields) (1 page).

Ex. 5

4. 1/14/87 Letter from Thomas Murley to James Taylor, subject: Proposed Civil Penalty- Philadelphia Electric Co. (CPECO)/ Peach Bottom Unit 3)QFpages). Ex. 5
5. 3/11/87 Annotated Cover Sheet of 3/6/87 PEC0 letter to NRC, IE Civil 1 Penalty Dated 2/9/87 (1 page). Ex. 5 I

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GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Avenue, NW., Suite 202 l WOshington. D C. 20036 (202) 2SL -

I MIDWEST OFFICE 104 E. HISCONSIN AVENUE APPLETON, WISCONSIN 54915-8605 April 15, 1987 ,

i FREEDOM OF INFORMATION ACT REQUEST niroctor FREEDOM OF INFORMATION Of fice of Administ ration ACT REQUEST U.S. Nuclear Regulatory Commission Washington, D.C. 20210 /

ggA Y7M TO WHOM IT MAY CONCERN I

fol Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, the Government Accountability Project (GAP) requests copies of anv cnd all agency records and information, including but not limited to notes, j letters, rnem s randa, drafts, minutes, diaries, logs, calanders, tapes, t ranscript s , summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photograpns, 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 f or "whistleblowinc.;"

at the Beach Bottom nuclear plant as reported by the Associated Press en December 30, 1986 (see enclosed). This request covers records generatcd hot 6 i before and after the release of the report, as well as any records scr.cm.

in connection with this request.

l This request includes all agency records as def 2 ned in 10 C.F.R. 9. h and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved ~ '

1980) whether they currently exist in the NRC offical,

, j October 8, investicative or other files, or at any other location, i ncl uding F. ,'

residences.

If any records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, g_,,.r ,

and covered by this request have been destroyed and/or removed after rd i

request, please provide a'.1 surrounding records, including but not ;p .ud, s to a list of a records o hich have been or are destroyed and/or rern a description of the action (s) taken relevant to, generated in connection w'~ and/or issued in order to istplement the action (s), gQ Df' 

                                                        $?k                            ;

GAP requests that fees be waived, because " finding the information can be considered as primarily benefiting the general public," 5 U.S.C. 5 52 (aJ (4) (a). GAP is a non profit, non-partisan public interest organization concerned with honest and open government. Through public outreach, the Project promotes whistleblowers as agents 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 nuq1 ear power plants. We are requesting this information as part of an ongoing monitoring project of the flRC's efforts to protect public health and safety at and near nuclear processing plants and radioactive waste facilities. For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemtion is relevant to the document or portion of the document withheld. This index is required under Vaughn p. Rosen (1), 484 F2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). We look forward to your response to this request within ten (10) working days. Sincerely, 

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Q;Hf, ft,M s David S. Rubinton, Coordir ator FOIT. Litigation Clinic, GI P i l 1 Responses to this request should be mailed to  : 1 104 E. Wisconsin Avenue Appleton, Wisconsin 54915-8605 l}}

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