ML20235P088

Final Response to FOIA Request for Documents,Including Rept of Investigation Re Alleged Threats to Employee to Prevent Disclosure to Nrc.App L Document Already Available in PDR

ML20235P088
Person / Time
Site:	Peach Bottom
Issue date:	07/16/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Rubinton D GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-87-228 NUDOCS 8707200336
Download: ML20235P088 (2)

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U.S. NUCLEAR CEOULATORY COMMISSION hRc poia ntoutst wuwegass p">

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INFORMATION ACT (FOIA) REQUEST Docket NvusEnts: ur aspeceam JUL 161987 i o PART 4.-RECORDS RELEASED OR NOT LOCATED (See checked bones)

No agency reentds subsect to the request have beer located No enditonal agency records subsect to the request have been locatsd Agency re:ords mabpect to the request that are identifed in Appendia b are already eveilable for pubhc irspection and copying in the NRC Publec Document Room, 1717 H Street, N.W., Washington, DC .

Agency records subsect to the request that ere identded m Appendix are being made sveilable for public inspection ar+d copying in the NHC Public Document Room,1717 H $treet, N.W., Washington, DC, in a folder under the fotA number and requester name.

The nonpropnetary wrs.on of the proposal (si that you egreed to accept in a telephone conversaten wrth a frember of rny staff a now being daade eve &able for public inapection cnd coying at the NRC Pubhc Document Room.1717 H Street, N W , Washington, DC, in a folder under the FolA number and requester name.

Enclosed is informaton on how you may obtam access to and the charges for copying recoros placed in thr, NRC Pubier Dt.cume.it Room.1717 H Street, N.W., Washington, DC.

Agency records subject to the request are enclosed Any apphcabia charge for cop es of the ecords provided and payment procedures are noted in the ccmments Section.

Racords subsect to the request have been refsrred to another Federal spenry(es) for review and direct response to you.

In www of NRC's response to thes request. no further action a bemg taken or, appeal letter dated PART lt.A-INFORMATION WITHHELD FROM PUBLIC DISCLOS*JRE Certsin informaten 6n the requested recorde is being withheld from pubhc declosure pursuant to the FOIA enemptons describeJ in enJ for the reasons stated iri Part li. sec-tens B. C. and D. Any releawd portions of the documenu for which only part of the record a bemg W'thheld are being made availab!s for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, m a folder undu the FO'% number and requester name Comments 8707200336 870716 PDR FDIA RUDINTOO7-P28 PM

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ERC FORM 464 iPert as 19 e61

Re: FOI A 228 APPENDIX L R_iCORDS MAINTAINED AMONG PDR FILES NUMBER CATE DESCRIPTION

1. 5-6-86 ~01, Report r.f Investigation, Peach Bottom-Atomic Power-Station, Alleged Threats To Employee To Prevent Dis-closure'to NRC 1-85-019. Accession 8707080176.

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GOVERNMENT ACCOUNTADlLITY PROJECT 1555 Connecticut Avenue, N.W Suite 202 i (20~2) 232 h . I Washington. D C. 20036 MIDWEST OFF1CE 104 E. WISCONSIN AVENUE j APPLETON, WISCONSIN 54915-8605 l

April 15, 1987 j l

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FREEDOM OF INFORMATION ACT REQUEST j 1

nirector DEDOM 0F INFORMATION Office of Administration i

U.S. Nuclear Regulatory Commission Washington, D.C. 20210 ACT 'gREQUEST

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l TO WHOM IT MAY CONCERN ll- fSh 'h 1

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,  :

transcripts, summaries, interview reports, procedures, instructions,  !

engineering analyses, drawings, files, graphs, charts, maps, photographs, i cgreements, hadnwritten notes, studies, data sheets, notebooks, books, i telephones messages, computations, voice recordings, computer runoffs, l cnd any other data compilations, interim and/or final reports, status {

reports, and any and all other records relevant to and/or generated in j connection with the dismissal of a health physicist for "whistlebicwing" 1 at the Beach Bottom nuclear plant as reported by the Associated Press on December 30, 1986 (see enclosed). This request covers records generated bo' A before and after the release of the report, as well as any records gencru in connection with this request. '

This' request includes all agency records as defined' in 10 C.F.R. 9.3 ate.

and the NRC Manual, Appendix 0211, Parts 1. A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NRC offical, " wor % n.'

investigative or other files, or at any other location, including privc:e.

roeidences.

If any records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed af ter this request, please provide all surrounding records, including but not limited to a list of all records w hich have been or are destroyed and/or removed, o description of the action (s) taken relevant to, generated in connection w d' and/or issued in order to implement the action (s).

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gal' r eques ts that fees be waived, becausa " finding the information can be considered as primari1y benef1 ting the genera 1 )

public," 5 U.S.C. 552 (a) (4) (a). GAP is a non profit, non-partisa- 1 public interest organization concerned with honest and open government.  :

'Through public outreach, the Project promotes whistleblowers as agents of governnient accountability. Through it Environmental Whistleblower Clinic, GAP offers assistance to local public interest and citizens groupe and interveners in the cencern for saf ety at nue, lear power plants.

1 We are requesting this information as part of an ongoing monitoring l project of the NRC's efforts to protect public hesith and safety at and near nuclear processing plants and radioactive waste f acilities.

l For any documents or portions that you deny due to a specific J FOIA exemption, please provide an index itemizing and describing the documents or por tions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, I explaining why each exemtion is relevant to the document or portion 1 of the document withheld. This index is required under Vaughn v. l

'Rosen (1), 484 F2d 820 (D.C. Cir. 1973), cert. denied, 415 U.3, 977  !

-(1974).

We look forward to your response to this request within ten (10) ,

working days.

l Sincerely, i l

David S. Rubinton, Coordir-ator FO!7. Litigation Clinic, G1 P l t Rocponses to this request should be mailed to :

104 E. Wisconsin Avenue Appleton, Wisconsin 54915-8605 -

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lhe Associated Press

. j The materials in the AP file were complied by'the Assoc 1&tEd Press. The!c j me.terials may not be repubitsbed without the express written consent of L.

Associated Press. -

December 30, 1986, Tuesday, PM cycle .,

SECTION: Domest': News p LENGTH: 287 words

/* i HEADLINE: NRC: Peach Bottom Fired Whistle-Bicar T )

l DATELINE: PHILADELPHIA 1 l(EYWORD: Nuke Whistle-Blower BODY; A nuclear power plant employee exposed to radiation at the Peach Botton  !

nuclear plant u:s 1s:c off bechuse he notif ter tne Nuclear Regulatory Comt.c.:..

of the incident, an NRC spokesman says.

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~;. j The Associated Press, December 30, 19B6 w Hewever, Philadelphia Electric Company, which owns 42.5 percent of the F21;.t..

Bottom plent, said the employee, a health physicist, was dismissed in a cut:1:f at the plant that reduced the work force from 130 employees to 90. '

g' The federal regulatory agency will review the case and release its fint:r.;5 by the end of next month at the e)rliest, according to Bob Gallo, NRC sect;;". ...

chief responsible for the peach Bottom plant, which is located near the hIryi:./; D border.

"This has a chilling effest on employees at all nuclear power plants," hil:

said honday. r -

"If they feel they will lose their jobs if they speak to the NRC, eventLIll, there Could be potential problems at the plant that we wouldn't find out E.:: .,~

he said.

l A 1974 federal law prohibits employees at nuclear power plants f rom bei..;

l fired for " whistle-blowing," Gallo said. -

An NRC report released in September concluded that the health physicist.1..

employee of Bartlett Nuclear Inc., a subcontractor at the plant would nct w;;

been laid off if he hadn't spoken to the NRC about the March 19k5 incident, The Associated Press, December 30, 1986 6 allo said. '-

A Pea:h Bottom of ficial told a Bartlett supervisor, "I want the health '

ghe reporthysicist to go in the first round of layoffs," according to testimony givtr. f t {

w The health physicist and three other employees were exposed to radioactive gas caused by an equipm:nt malfunction ~ while examining planned modificati:r.:

$ a in khe reactor. The NRC concluded that khe levels of radiation to Hhich the K 1 5

workers were exposed were acceptable.

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