ML20236E489
| ML20236E489 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 10/26/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Epting R, Katz S COALITION FOR ALTERNATIVES TO SHEARON HARRIS |
| Shared Package | |
| ML20236E491 | List: |
| References | |
| FOIA-86-596, FOIA-86-793 NUDOCS 8710290243 | |
| Download: ML20236E489 (7) | |
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U.S. GOUCLEAR REGULATOM COMMISSION uc 5: a aroutsi Nuvern<si FC/A- %'.f94,+ fi ~ M3
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INFORMATION ACT (FOIA) REQUEST NT 2 61987 f
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PA/T 1.-RECORDS RELEASED OR NOT LOCATED ISee cv:ee: bones No agency records subject to the reoves* mave been located No addetsonal egency records subpoet to to request have been located.
Agency records subject to the request tha* are identified in Appendix are already available fcr Dubiac inspection and copying in the NRC Public Documeet Room, 1717 H Street N W., Washington, DC Agency records subject to the request tM' are identified in Appendix I
are being made availacne for pubhc eispection and copying in the NRC Public Document Room,1717 H Street. N W., Washirgton. DC. in a folder under this FOIA nurroer and requester name.
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The nonpropnetary version of the preoceans) that you agreed to accept in a telephone conversatiori uth a me<-cer of my staff is now being made avaiable for pubhc insoection and coying at the NRC Pubhc Docum Room,1717 H Street. N W, Washington, DC. in a folder under the Q A number and requester name.
l' Enclosed is information on how you man obtain access to and the charges for copying records placed in the NRO P che Document Room,1717 H Street. N W., Washington, DC.
u Agency records subject to the request are enclosed. Any applicable charge for copes of the records provided eN caymem procedures are noted in the comments section.
Records subject to the request have eeer referred to another Federal agencybes) for review and direct response c you.
In view of NRC's response to thee request no further action is being taken on appealletter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested sco os is being withheld from public disclosure pursuant to the FOIA eue c? Ms descnbed ici and for the reasons stated in Part 11. sec-hons 8, C, and D Any released pom of rio documents for which only part of the record is being withheic ye oeeng made available for public inspection and copying in the NRC Pubhc Document Room 1717.= t'reet. N.W., Washington, DC. in a folder under this FOfA number arc equeste name j)
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Re:ords subject to the request that are described in the enclosed Appendices
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are behg withheld in their entv, r in part under FO(A Esemptions and for the reasons set fotth below pursuant to 5 U.S C. 552fb) an(1(fCFR 9.5(a) of NRC Regulations.
- The ethhead information is property classified pursuant to Executr,e C-ser 12356 (EXEMPTION 11 h The wthheld information relates solety to the eternal' personnel rues aNr procedures of NRC. IEXEMPfl0N 2)
) The wthheld mformation is specifically enempted from pubhc descros<e by staNts edicated. (EXEMPTION 31 j
Secten 14bl45 of the Atomic Energy Act which prohibits the disck;aure of Restricted Data.or Formerly Restricted Data (42 U.S.C. 216tf 6E l
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Secten 147 of the Atomic Energy Act which prohibits the disclosu e of Unc:assified Safeguards information 142 U.S C. 2167L r
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a The withheld information le e trade secret or commercial or financial c ormation that is being withheld for the reasontal mdicated (EXEMPTC% A -
r The information is considered to be confidential busmess (propretr, information.
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The information is considered to be proprietary information purs ara to 10 CFR 2.790tdHIL The information was submitted and received in confidence from a ere.gn source pursuant to 10 CFR 2.790(dH2).
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$ The withheld information consists of interagency or intraagency records that are not available through discovery dunng htigation. Osclosure 9 cet$ecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are ethheld in their entirets ?e + sets are mentncably intertwmed eth the predecisionalinformaton. There also are no reasonat#v segregable factual portions because the release of the facts woute permrt an mdsrect inquiry mto the predecssoonal process of the agency. (EXEM8 TION Si t
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E The mthheld information is esempted from pubhc disclosure because u $sclosse would result in a clearly unwarranted invasion of persona r.ney. (EXEVPTION 61 7 The mthheld information consists of investigatory records compiled for.aw enforcement purposes and is bemg ettteld for the reasontsi inscrM (EXEVPTION 7) 1l Desclosure would eterfere wth an enforcement proceeding beca.se i could reveal the scope, direction. and focus of enforcement efforts rc Ns couc poss,bly allow them to take action to shield potent >ai wrongdomg or a violation of NRC requirements from invesogators IEXEMPTION 7 A Declosure would constitute an unwarranted invas.on of pusonal prucy (EXEMPTION 7(CH j
5 The information consists of names of individuals and other infora at c-the d,sclosure of which would reveal ident:tres of cc vidential sov:+s E AEMP760N 760H I
PART II C-DENYING OFFICIALS
. Pursuant to 10 CFR 9 9 and'or 9.15 of the U S. Nuclear Regulatory Commessen mgulatons, it has been determined that the information mthheld is enemc-Nr production or disclosure, and that its production of declosure e contrary to the pubhc mte'est. The pe sms respons,ble for the denial are those officials identified below as deNr g pfficials and the Director,
. Damen of Rules and Records. Office of Admmetration, for any denials that smy be appealed to the Enocutive Director for Operations stoot
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DENYING OFFICIAL TITLE / OFFICE RECOROS DENIED A*PE.aATE OFF#CIAL
-AL. - Y, lW NJs 2 s l l PART 11 D-APPEAt RIGHTS T*e denial by each denying official identified in Part ll.C may be a;mealed to the Appellate Official identified in that section. An> s e appeai must be in emng and must be made within 30 days of receipt of this response Appeals must be addressed as appropriate to the Executive Oire:w 'or Operations or to th e Secretary of the Commisen, U.S. Nuclear Regulatory Commeon, Washington, DC 20555, and should clearly state on the e* entpe and in the letter that it is an " Appeal from an initial FOIA Decision." i oc Foe w ass isset as U.S. NUCLEAR REGULATORY COMMISSION l 4 8e FOIA RESPONSE CONTINUATION L
,i Re: FOIA-fff - f 94, @ pg - y 9 3 APPENDIX // RECORDS MAINTAINED AMONG POR FILES NUMBER DATE DESCRIPTION llYl$Y n +f *p W /, s' 4A - kps 77,. 95.2.i r qu we a & Q ldds$ &h /f f - +b" m sn a e.wa % 4 l y@ / x ~ Ad . >fo. n wan.2 a o a_ _
Re: F01 A-f/2[94 Y Pd ~ Y APPENDlX L R_ECORDS MAINTAINED IN THE POR UNDER THE ABOVE REQUEST NUMBER NUMBER' DATE DESCRIPTION Y* 4t44 %$/ p 04.h 2. ppe v a x n w,.,,,,,. 6 m. ) / Q, sq faE22 C69)g@ M. 4/34 v + x rs= w,. ren n - 9/ir/rr(/4.)s=A # f y A. u r yri n. ) < A n e % A Jx e ,gg, un >- n i .1 pg,, / ped <>Aun&n M r w sx,,ple s u r- /jy,yy c%g.) </d-"4 A48
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Re: F:'A-ff, y gg, 4 fg. f p g APPENDIX 1 RECORDS TOTALLY. WITHHELD NUMBER, DATE DESCRIPTION & EIEMPTION 1 le MN p(rg.)- s p r++ x: m 'fL+x A]m .e. m Dg ~ ~ 7}ry nwr in p1)r ks d A-~c a. ypcA9s an Jgn=% 4, M ~ '57 5 f Yn/s dd' j.fts 4- [/rg r T~
I Cs.As Se H a Slicanin flatri5 Coalition for
- Jeve:te,r 3 1956 Mternatists to cteven r. f.atz CASH Legal Committee 237 McCauley St.
vt.spel tu li, w e /;w (919) 929-1670 Donnie Grinsley Division of Fules and Records office of Administration US Nuclear Regulatory Commission Washington, DC 20555 FREEDOM OF INFORMATION ) ACT REQUEST FREEDOM OF INFORMATION ACT REOUEST FaTA 16 ~723
Dear Mr. Grimsley,
Gkt 'c} H~)2-2(c l Pursuant to the Freedom of Information Act (5 U.S.C. the Coalition for Eddleman, pro.se., Alternatives to Shearon Harris (CASH),522, _et. seq.), and Wells requests copies of any, and all, NRC records and information, including but not limited to notes memorena, drafts, miniutes, records, letters, I procedures, instructions, engineering $1ans, drawings, diaries, summa l
- charts, handwritten notes
- studies, data sheets.interum a,nd files
- graphs, and or generated in response to: final reports, status repor,ts, and any an i
l 1. ed to the NRC, NRR, or the IC,The investigation of allegations, complaints or a I by Ms. Patty Mirriello. the investigation, which we understand is considered closed by theParticelarly IC, of the multiple affidavits presented by Ms. Mirriello concerning: it's agents at the Shearon Harris and Brunswick Nuclearhar a. i Power Plants. b. documents related tothe inservice inspection process at the Shearon Harris Plant. l documents related to Ms. Mirriello's personel radiation c. 1 records while employed by CP&L or it's agents. 2. The CASH /Eddleman Erief 6, 1986, and documentation c,oncerning: filed with the Commission on Oct6ber Remedial action, additions a. ed or taken by Carolina Power a,nd Loght Co, the State ofmodifications eith North Carolina, the varrious Counties and other quasi-govern mental entities involved in the planning for or participation in the Emergency Preparedness Plan (evacuation plan) for the Shearon Harris Nuclear Power Plant, Exercise of the plan in May of 1985; or,since the Full Scale b. changes in the "on-sight prepared ness"for the SHNPP. 3. NRC investigation of incidences, allegations taken by the NRC, CP&L or it's a6ents in response, or remedial action CP&L or agents employees and subsequent Department of Labor investigations to the discharge of Apex: 362 4717
- Cary: 828 0088,832 8558
- Chalwl Ilill. 942 1112, 9674812. 968 0567 Durham: 683 5209, 683 3209
- Ilillstxm.x 732 8245
- Pinslx>ru: 542-4111
- Raleigli: 828 hhv Y f
t in particular the McWeeney and VanEeck D.O.L. claims, investigations, and subsecuent administrative actions, orders and appeals. 4 Provide the above requested documentation concerning the CASH / Eddlemen 2.206 Show Cause Petition filed with the Director of Reactor Regulation en C:tober 17, 1986 and any and all documentation genera:ei which relates to:
- A/^C arguments contained therein; a.
b. Wrongful dischar60 Of eCPloyees as stated in the arSuments contained theirin; and, information concerning argutents and allegations c. concerning the investigation of placement numbers and procedures from the confidential informant.
o + -In our opinion, it is~ appropriate in this case that search charges be waived, pursuant to 5 'JSC 522(a)(4)( A),"...because furnishing the information can be. considered as primarily benefiting the general public". CASH is a non-profit organization serving it's local mem- .ters and the public at large in the effort to assure that full public participation be had'in the NRC's licensing and regulatory pro-Cess. For any. documents or portions of d6cuments which you may deny due to specific FOIA Exceptions, please provide an index describing and doc-umenting the portions withheld, and a justification for. claiming such
- an Exception as required by Vaughn v Rosen, 484 F.2d 820 (D.C.Cir,1983).
)*e are.looking forwpod to your prompt reply. Sincerely, O/&/ .W Steve [P'.'Iatz-CASH Legal Commit ee l 4 l 1 e
a. m i 1 Coalition
- for Alternatives to
] Shearon Ilarris CASH i 237 McCauley St. Chapel Hill, NC 27514 919-967-6812 / 'Mr. Harold L. Denton. '6 ' Director of Nuclear-Reactor Regulation U.S. Nuclear Regulatory Cormission FREEDOM OF INFORMATION ,0f fice of Reactor.Regulaticn gg Washington, D.C. 20555 bO2 A --((g, d )
Dear'Mr. D'enton,
i Pursuant to the Freedom of Information Act (5.U.S.C. 522, et. seq.), the Coalition for. Alternatives to Shearon Harris (CASH), and Wells Eddleman, pro.se., requests copies of any, and all, NRC records and information, including but not limited to notes, records, letters, memorana, drafts, minlutes, diaries, summaries, interview reports, procedures, instructions, engineering $lans, drawings, files, graphs,
- charts, handwritten notes,
- studies, data sheets, interum and final reports, status reports, and any and all records relevent to l
and or generated in connes-lon with the Petition for the issuance of a Show Cause Order, purs uant to 10 CFR 2.202, as requested by CASH Petition to Institute Proceedings pursuant to 10 CFR 2.206, dated-2 July 1986. This request includes but is not limited to information gathered during the investigation into: l 1. The activaticn of the Emergency Notification System, particularly the. events of 28 June 1986, and the apparent noncompliance, by C.P.&L, and the North Carolina Emergency Management Of fice with the terms of 10 CFR Part 50, Appndx, E, during that event; 2. The apparent dissemination of misinformation during the evening of 28 June 1986, by varrious organizations respon-sible under the Energency Notification System (including but not limited to personel within SHNPP, Chatham County, Sheriffs Department, North Carolina Highway Patrol, and Mr. Mack Harris o f the Media Department at C.P.&L; state the nature of the investigation, if any, which occured in light of the events of 28 June 1986. 3. The prospective changes in the Emergency Management l Plan in light of the incident on 28 June 1986. 4. Give all documents, as stated in paragraph one of this request, which are relevent to the investigation of of C.P.&L. l and Ms. Mirrielle; particularly information concerning the contentions, ss stated in CASH's 2.202 request. f&fk Y f-a- B
4 h. i .,7,.: 2, s 5. Give.'all'docunents relevent~ to the-investigation of'
- 1peLwelds,'as'statW in the Xirrello contentions, particularly ~
i the evidenc^ atte che? to CA3" 2.??wetition. % Any and cil evidence uhich was developed'durine the investigation of.- l -theJ!irriello contentions or related investigations concerning pos-l sible: violations of the ASME Boiler and Pressure Vessel Code, section-ZI,' Article IWB 3000 ('1990 Edition of the Shearon farris. Pre-Service . inspeetion Manuel).. 7.: The Directors investigation and evaluation of-the Psychological Stress - .f. 'Ar:tument,~and particular reference to.the events at Chernoble and 29 June 1986
- 3. ' Copies of any and all SALP reports concernine the operation of <
nuclear. power plants by C.P.6L. (Drunswick Plant), and ~ plants under construction by C.P.6L.. (Shearon Marris Plant). CA ?.' requests that fees be waived,'because finding that the information can be con-- sidered: as orir. stilly benefiting the public,. pursuant to 5 USC 552 (a)(4)(a). CASF is a non-profit, ~.iblic-interest organization enmmitted to and concerned with the health and safety of it"s;nenber, and of the surrounding cor= unities, and is particularly con'- corned about the potential harm which may result if adequate protective measures are not' 'tahen'to correct the problems outlined in CAS:! potition for Sho'r Cause. For any documents or portions'of documents which you may deny due to specific.FOIA ex- ..ceptions, p1hase provide an index itemizinn and describir the documents and portions withheld. The inden should -orovide a detailed justification for your crounds for claimine each exemption,.explaininn why each exemption if justified and relevant to the portion of the document withheld. (This index is reauired by Vauchn v Rosen I, 484 F2d 820 - (D.C.Cir.= 1973), cert. denied. 415 U.S. (1974). l i Thank you for your continued cooperation, and we look forward to hearing from you. {
- If I can be of an help please call at (919) 9?9-1870 or at the number listed on i
'the-letterhead. LS.cerely, I \\ Steven. Kat -CASI Le Committee 1720-Allard' Road Chapel Mill, HC 275 l cc:- Local Field Office l. Regional CFfice L .-}}