ML20236J819
| ML20236J819 | |
| Person / Time | |
|---|---|
| Issue date: | 08/03/1987 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Bauman L GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-87-228, FOIA-87-A-48 NUDOCS 8708060295 | |
| Download: ML20236J819 (1) | |
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/ * "%'q UNITED STATES j' ' n . NUCLEAR REGULATORY COMMISSION g .
WASHIN GTON, D C. 20555
%, .....p OFFICE OF THE August 3, 1987 SECRETARY Ms. Linda Bauman FOIA Coordinator, Midwest Office Government Accountability Project 104 E. Wisconsin Ave. IN RESPONSE REFER TO Appleton, Wisconsin 54911 87-A-48(87-228)
Dear Ms. Bauman:
This is in response to your June 25, 1987 appeal of the denial of one document in the Nuclear Regulatory Commission's June 19, 1987 answer to FOIA-87-228.
Pursuant to your appeal, the Commission re-reviewed the June 5, 1986 memorandum from James Lieberman to H.R. Denton, T.E. Murley, ,
and J.M. Taylor. I suppo'rt'the agency's determination that this 1 document must be withheld. It was withheld pursuant to the attorney-client privilege incorporated in Exemption 5 of the Freedom of Information Act, 5 U.S.C. S 552(b)(5), and 10 C.F.R. !
S 9.5(a)(5) of the Commission's regulations. There are no {
reasonably segregable factual portions of this document, and thus j it is being withheld in its entirety. j Exemption 5 of the FOIA permits the NRC to withhold " confidential communications between an attorney and his client relating to a ,
l 1egal matter for which the client has sought professional I advice." Mead Data Central, Inc. v. Department of the Air Force, ,
566 F.2d 242, 252 (D.C. Cir. 1977). This privilege encompasses l opinions given by an attorney to his client. Brinton v.
l Department of State, 636 F.2d 600, 605 (D.C. Cir. 1980).
This letter represents final agency action on your June 25, 1987 FOIA appeal. Judicial review of the denial of document portions is available in Federal District Court in the district in which you reside or have your principal place of business, or in the District of Columbia.
Sincerely, i el e
,/ Secretar f the Co. ission l
8708060295 870903 PDR FOIA BAUMANB7-A-48 PDR
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l'au [)Q ema RESPONSE TO FREEDOM OF "
INFORM,ATION' ACT (FOlA) REQUEST JUN f a en.,
Docan eeuwatasse ur asidc.ogi - smf G:. war 2. Bas ~ PAR 7 f.-RECOftOS RELE ASED OR NOT LOCATED (See checked bonest
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No agency records outgoct to the request have been located No .eddruor48 ogency records outgeet to me roguest have been bested Agency rer:ords subpoet to the request that are sdentifed an Appenchs are already eveplab6e for putikc enspection and cogyng in the NRC Public Document Room, 1717 H $c eet, f4 W.. Weenngton. DC Agenc,recort.s toth. ,thsta,s.de dm Appe, B
- a,e beeg enado sva-o,- ,nso.cten ~ th N.C ,us,c D u,,e,,,
Room,1717 H Street, N W., Washmgton. DC, m a fcador under the FOtA number and requester name The w v ,..iJry verson of the proposehel hat t you agresd to accept m a telephone conversaten wrth a member of rny staff is now being inac's av64able for pubhc inspecten and coying at the NRC Pubic Occument Room,1717 H Street. #d W , Washm,yton, DC , e a folder under the FOIA nwnber and remaster name.
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[nclosed is informanon on how you may obtae i access to and the charges for copymg recorda pieced in the NRC Pubhc Document Room.1717 H Street, N W., Washington. DC. (
l Agency recorde subpect to the recpaest s's enclosed Any appdatab6e charge for cop.es of the records provided and payment procedures are noted m the comments secten f.ecords subpect to the request have been referred to another Federal agency (ms) for rfvew and derect response to you in view of N'C's response to the request. no further accon a bemg taken on appeal letter dated PART 18. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE f Cortem er'fo<rnston an the equested records a being wethheld from pubhc declosure pursuant to the FOIA enemptions described in and for the reasons stated m Part II. sec-tens S. C, gnd D. Any ro6 eased portons of the documents for whsch only part of the record a being withheld are teng made avadatdo for public enspection and copying m the N7C Pubhc Document Room.1717 H Street N W., Washngton. DC, e a folder under the FOtA number and requester name Twnen'A e
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EDOM Ogr eBeFORMATION ACT CESPONSE FOiA NUMef:tt$1 [dM -8 N2F DATE. M I S $@
, PAati if B- APPLICABLE FOIA EXEMPT 10NE Records euheect to the riQuest that are described in the enclosed Appendices are being withheld in thest entegty or in p;rt under FQlA EIemptions rid for ttw reasons set forth below pursuant to 3 U.S C. 562(b) and to CFR S Stel of NRC Regulations.
't. The eseemed enformetson e propody esoseded pumuant to Esecutsve Order 12356 IEXEMPTION 11
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2 The swerewed information relates soiety to the amemal personnel rules and piocedures of NRC. (EXEMPTION 21 3 The esecued enformeten a specifically esernated from putAC declosure by statute in6cated (EXEMPTION 31 Secessa 141 146of the Aiomic Energy Act which prohibats the declosure of Restricted Data or Forme tv Restncted Data 142 U S C. 21612106).
Secaeen 147 of the Atomic Energy Act which prorubrts the declosure of Unclasssfed Saioguards Inforrretson 142 U.S C. 2167).
- 4. The esseeund informaton a a trade secret or commercnol or financel nformation that a being withheld for the reason (s) mdicated; (EXEMPTION 4) its emocrmeten is considered to be conf dential business (proprietary information.
The arenormetun as co.wdered to be proprecry informetson pursuant to 10 CFR 2.790td)(1).
The widormatson was submrtted and recerwed in confusence from a foreign source pursuant to 10 CFR 2.790(d)(2L
$. The wuPened istformeten connets of interagency o. intraagency records that are not available through decovery dunng irtigaNot. Dociosure of predeceional information would tered to inheet the open and frate enchange of ideas essential to the delitserative process. Where records are withheid sh ther entsrety, the facts are anextncably
) 880nelInformeten. There sko are no reasonatWy segregable factual portsons because the redeces of the facts would permit en enertweed wrth the eisesucs snquiry eno predecaenal process of the agency. (EXEMPTION 56
- 6. The userviold informaton a enempted from public declosure because its declosure would resutt en a csearty unwarranted evesion of personal pnvecy. (EXEMPTION 6)
- 7. The weWield intoemation conosts of mvestgatory recordo compsed for law enforcement purposes and a being wit %eed for the reason (s) indicated. (E.XEMPTION 7)
Diem m.are woued unteriore with an enforcement proceedmg because it could revoel the acope, drocten, and fociet of enforcement efforts, and thus could twm show them to take actson to shield poteritial wrongdoing or a violaten of hAC reousrements from evest9stors. (EXEMFilON 7(An Decnneure would constitute an unwarranted r seen of personal pr=acy (EXEMPTION 7tCH The er, formation consasts of names of individuals and other informaton the declosure of wtuch would revoel edentibes of confulential sources. (EXEMPTION 7(Dil PART 11 C-DENYING OFFICIALS Pursuant so 10 CFR 9 9 and/or 916 of the U.S Nucient Regulatory Commesen regulatons. It has been determned that the mformaten withheid a esempt from producten or dsclosure.
and that as Ipoductaon or declosure a contrary to the public mterest. The pomons remporsib6e for the donal ve thoes dicmas identrfed below as denymg officials and the Director, Orvioson of h arid Records. Office of Admenstraten, for any denials that may be oppeased to the Esecueve Director for Operatens itooi DEMYING OFFICIAL _
. TITLOOFFICE _
RECORDS DENIED APPELLATE OFFICIAL M 2 L ssentTany K "ynt; D'p@hM O E ON8 en . too s ,
.Y.
l PART ll D- APPEAL flytHTS
_ The dermet try each denying afficialidentified in Port II.C may be appealed to the Appellate Officiel identified in that section. Any such appeal must be in writing ared must be rnade wishin 30 days of receipt of this respones. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secrwaary of the Commsemen. U.S. Nuclear Rg'ulatory Commission, Washington, DC 20566. and should clearty state on the envelope and in the letter that 2 h an " Appeal from an initial FOIA Decision meic soR3 e4 Port 28 U.S. NUCLEAR REGut.ATORY COMMIS$ TON usi FOIA RESPONSE CONTINUATION
Re: F01A-87-228 APPENDIX A RECORDS MAINTAINED AMONG PDR FILES
- 1. 9/17/85 Inspection Report No. 50-278/85-31. (PDR Accession number 8509300287.)
- 2. 9/25/85 Letter to Philadelphia Electric Company from T. Murley, Region I, subject: Inspection Report No. 50-278/85-31.
PDR Accession No. 8509300283
- 3. 10/25/85 Letter from Philadelphia Electric Company to Thomas Martin, re: Inspection Report 50-278/85-31 ANO: 8511041098.
- 4. 11/13/85 NRC, Region I.to PECO re: acknowledgment .of 10/25/85 letter in response to: Ins ction50-278/85-31(5pages)
(PDRAccession 8511190166
- 5. 5/6/86 Synopsis of 01 Report I-85-019. POR Accession No. 8606090434.
- 6. 5/20/86 Letter from Richard W. Sta rostechi to S.L. Daltroff transmitting Inspection Report 50-278/83-31 and.0ffice of Investigation Report No. 1-85-019 synopsis. ANO: 8606090423.
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- 7. 9/22/86 Letter from William F. Kane to S.L. Daltroff, subject:
Investigation No. 50-278/1-85-019. ANO 8702170063.
- 8. 10/22/86 Letter to William Kane from Philadelphia Electric Co.,
with attached " application for Withholding of Report of Investigation from Public Diselosure". ANO: 8702170042. ,
(4pages)
- 9. 11/7/66 Notice of License Meeting, No.86-129. ANO: 8702190560
- 10. 2/3/87 EN 87-05 Accession 8702170046,
- 11. 2/9/87 NRC, Region I to PECO, re: Notice of Violation and i proposed Imposition of Civil Penalty (NRC Investigation Report No. 1-85-019)(6 pages) (PDR Accession 8702170654).
- 12. 3/6/87 Letter from J.W. GallaDher to James Taylor enclosing
., $50,000 c1vil; penalty. ANO: 8703120078. ;
- 13. 3/12/87 MRC, IE to PECO re: Acknowledgment of Receipt of 3/6/87 j Letter and Payment of Civil Penalty (1 page) (PDR Accession 8703170155),
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Re: F0!A-87-228 APPENDIX B RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER
- 1. 5/12/86 Memo from Victor Stello to Harold Denton,' James Taylor, and Guy Cunningham, subject: 01 Report No. 1-85 019 dated May 8, 1986, subject: Peach Bottom Atomic Power Station (PBAPS) alleged Threats to Employees to Prevent Disclosure of Possible Overexposure to NRC (1 page).
- 2. 6/23/86 Memo from Robert Bernero to Harold Denton, subject: Office of Investigations (01 1-85-019: hRR Staff Review and Analysis (4 pages)) Report No.
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l Re: F01A-87-228 I APPENDIX C l RECORDS TOTALLY: WITHHELD
- 1. 6/5/86 Memo from J4mes Lieberir.an to' Thomas Murley, James Taylor, Harold Denton, subject: 01 Report 85-019 (5/8/86)--Peach Bottom Atomic Power Station. (14pages) Exemption 5.
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GOVERNMENT ACCOUNTABILITY PROJECT 15$5 Connecticut Avenue. ftW. Suite 202 .
' Washington. D C 20036 (202)20 L MJ DWEST OFFICE 104 E. WISCONSIN AVENUE APPLETON, WISCONSIN 54915-8605 April 15, 1987 FREEDOM OF INFORMATION ACT REQUEST niretor EREEDOM OF INFORMATION office of Administration ACT REQUEST U.S. Nuclear Regulatory Commission Washington, D.C. 20210 I ggA ~[ 7" TO WilOM IT MAY CONCERN fSb 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, t ra nscript s , summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, 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 "whistleblcwing" at the Beach Bottom nuclear plant as reported by the Associated Press or December 30, 1986 (see enclosed). This request covers records generc. a ho'k before and after the release of the report, as well as any records scr.:..
in connection with this request.
This request includes all agency records as defined in 10 C.F.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 NRC offical, "..a .
investigative or other files, or at any other location, including pn v: w residences.
If any records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, mc. c .,
and covered by this request have been destroyed and/or removed after cus request, please provide all surrounding records, including but not lin t ed to a list of all records w hich have been or are destroyed and/or remcVed, !
a description of the action (s) taken relevant to, generated in connection w>,'
and/or issued in order to implement the action (s).
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- AP t oquast s that fees be waiveri, becanca " finding the info mation can bn considered as primarily bronfiting the general public," 5 U.S.C. 5 52 (a) (4) (ai GAP is a non profit, non-partisan public intarest organization concerned with honest and open government.
Through public outreach, the Project promotes whistleblowers as agents of government accountability. Through it Environmental Whistleblower Clinic, GAP offers assistance to local public Interest and citizens groups and interveners in the concern for safety at nuglear power plants.
We are requesting this information as part of an ongoing monitorir.g project of the t1RC'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 v.
Rosen (1), 484 F2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 T1973).-
We look forward to your response to this request within ten (10) working days.
Sincerely,
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f14" David S. Rubinton, Coordir ator FOI?. Litigation Clinic, G1 P t
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.. j Responses to this request should be mailed to : ;
104 E. Wisconsin Avenue Appleton, Wisconsin 54915-8605 l
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114 ta s o c a :.'.t : pr:sa it. . ti t r iel; :4 the. A*r f i' e 6.ct: cc .p11v:': 3/ The :.s t::;;*:; : . . :.
, j p.tUMS r.cy net De rtpubisshed'wlthout the expreis wr;ttea ten; cia t - I Assv:10.eu P:e15. '
,Decester 20,1966, Tuc2csy, W. :fcle SECT IC?l: Lomestic News -
LENGTH: 287 words t' .
HE ADi.lHE: NRC: Pe!,ch tottom Fired Whistle-Elower DATEL!ilE: PHILADELPH1A
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KEYuGRD: Nuke Whistle
- flower BODY A r.uclear power plant employee exposed to r&diation at 'ilIe Peach Potte.'
nuclear plant was laid of f bec8ase he notiff rd the Nuclear Regu1Blory Com...
,, of the incident, an NP.C spokesman says.
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'f' The Associated Press, December 20, 1986 However, Philadelphia Electric Company, which owns 42.5 percent of the ;.;;
Bottcm plant, said the employee, a health physicist, b.05 dismissed an a ci.t t: .l at the plant- that reduced the work force from 130 employees to 90.
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The federal regulatory agency will review the case and release its finc: .p by the end of next month at the earliest accord 1n to Feb Gallo, NRC sect'.;'. i chief responsible for the peach Bottom pdant, whic is located near the r,I.c * .; .
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"This has a chilling effect on employees at all nuclear power plants,% h*..;
said Monday.
I "If th?y feel they will !cte their jots if they spea*. to thc NRC, eiint...~.., l there could be potential problems at the , plant that we wouldn't find out L:L; he said. ;
A 1974 federal law prohibits employees at nuclear power plants f rom bel', i fired for " whistle-blowing," Gallo said. '
An NRC report released ln September Concluded that the health physicist:
employee of Bartlett Nuclear Inc., a subcontractor at the plant would nct been land of f if he hadn't spoken to the NRC about the fiarch 19ES incider.;,
l The Associated Press, December 3D,1986 Gallo said. * ' -
A Pench Ecttom of ficial told a Bartlett superytsor, "I want the health physicist the report to go in tne first round of layoffs," according to testimony givic '; ? ,
i a-The health physicist and inree other employees were exposed to radicani"c caused by an opinment malfunction In.the reactor. The riRC conclu';ed that lne Atw15 wr rt !r.tien to whic.h U;while examining planned r'
-- mod 1'ic;;
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workers were exposed were acceptable. .
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