ML20236S529

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Seventh Partial Response to FOIA Request.Forwards App O & P Documents.App O Documents Available in Pdr.App P Documents Partially Withheld (Ref FOIA Exemptions 6 & 7)
ML20236S529
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 11/23/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Devine, Dixon
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20236S530 List:
References
FOIA-84-743 NUDOCS 8711250236
Download: ML20236S529 (5)
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Text

. po i() - s 4 - 143 a Ie., f E.Espohst Ty>E f[,s.us T' i. RESPONSE TO FREEDOM OF M  ! P'**' M ""*' 7 INFORMATION ACT (FOlA) REQUEST (e seee /' NOV 2 31987 DOCKET huMBERtsi arr especeNel

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dim PAR' l.-RECORDS RELEASED OR NOT LOCATED (See checked bonest No agency records subject to the request how been located.

No additional agency records sutreet to to request have been located.

Agency records subsect to the request that are identified in Appendix are already available for putec inspection and copying in the NRC Publir' Docurnent Roort  !

1717 H Street, N.W., Washington, DC . {

'Agenc / records subject to the request that are identifed in Appendis O .re being made avaiiabie for pebiac inspection .nd copying in the NRC eubiic Documors Room,1717 H Street, N.W., Weenington, DC, in a folder under the FOIA number and requester name.

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The nonpropnetary version of the proposak.sl that you agreed to accept in a te6ephone conversation with a morreer of my staff is now being made avalable for public inspectioa and coying at the NRC Public Document Room,1717 H Street N W., Washmgton, DC , in a folder under the FOIA number and requester name. l I

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

Agent:y records subsect to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comrrents section.

Records subsect to the request have been rWorred to another Federal egency(es) for review and direct response to you. j in view of NRC's response to the request, no further action is being taken on appeal letter dated j PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE C rtain infonnaten in the requessed recoros a being withheld from public disclosure pursuant to the FOIA enormtens descnbod in and for the reasons stated in Part if, sec-tions 8, C and D. Any released portens ad the documents for which only part of the record is being withheld are twung made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, m a folder under this FOiA number and ruouester name.

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FIEEDOM OF INFO 2MATION ACT RESPONSE FOIA NUMBERrS): l

  • W g / pr4 ggy PART 11 B- APPLICABLE FOIA EXEMPTIONS Records subject to the request that are described in the enclosed Appendices are being withheld in their entre or in part under FOIA Emsmptions and for the reasons set forth below pursuant to 5 U.S C. SS2(b) and 10 CFR 9.5(a) of NRC Regulations,
1. The withheld information is properly classified pursuant to Executive Omer 12356 (FXEMPTION 11
2. The wrthheld information relates solely to the intamal personnel rules and procedures of NRC, (EXEMPTION 2) 3 The wrthheid information is specifically exempted from public declosure by statute indicated: (EXEMPTION 3)

Secten 141145 of the Atomic Energy Act which prohibits the dociosure of Restricted Data 'or Formerly Restricted Data I42 U.S.C. 216*.2%

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

4. The withheld information is a trade secret or commercial or financel reformation that s being withheld for the reason (s) indicated: (EXEMP*0A 4)

The information is considered to be confidential business (propnetarp information.

The information is considered to be proprietary informaton pursuant to 10 CFR 2.790(dH1).

The information was submrtied and received in confidence from e foreign source pursuant to 10 CFR 2.790(dH2).

5. The withheld information consets of interagency or intraagency records that are not available through discovery dunng litigation. Deciosure 2f nedecmonal information would tend to inhibit the open and franit exchange of ideas essentaal to the deliberative process, Where records are wthheld in their entireth trw facts are inextricably intertwined with the predecisonal information. There also are no reasonably segregable factual portens because the release of the facts woue powmst an indirect inquiry mio the prooecisenal process of the egency. (EXEMPTsON 5)
6. The ethheld information is exempted from public declosure because rts disclosure would result in a clearly unwarranted invasion of persons orvacy. (EXEMPTION 61 i

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7. The withheld informaten consists of investigatory records compded for law enforcement purposes and is being withheld for the reason (s) eccaemd. (EXIMPTION 7)

Duclosure would interfere with an enforcement proceeding because et could reveal the scope, directen, and focus of enforcement efforts anc vius could poensbty allow them to take acton to shecid potental wrongdoing or a volation of NRC requirements from investigators. IEXEMPTION 7M Declosure would constnute an unwarranted invasen of personal prwacy (EXEMPTION 7(Cl)

The information consets of names of individuals and other informaton the declosure of which would reveal identities of confidential sour:aa EXEMPTION 7(D1)

PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and/or 9.15 of the U.S. Nuclear Regulatory Commesson moulations, it has been determir'ed that the information withheld a cuentrr %m prcdcton or deciosure, and that its producten or disclosure is contrary to the public interest. The persons responsible for the denial are those officials identified below as oewrg officasm and the Director, Drosen of Rules and Records. Office of Administration, for any denials that ~ey be appealed to the Executive Director for Operations tsooi DENYING OFFICIAL _

TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL Ns

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PART 11 D- APPEAL RIGHTS i The denial by each denying official identified in Part II.C may be appealed to the Appellate Officialidentified in that section. Ana such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Drectcr for Operations or to  ;

the Secretary of the Commission, U.S. Nuclear Regulatory Comtrwssion, Washington, DC 20555, and should clearly state on the erwetope and in the letter that it is an " Appeal from an initial FOiA Decision "

FOIA RESPONSE CONTINUATION

Re: F01A-84-743 (SeventhPartial)

APPENDIX 0 RELEASED RECORDS

1. 12/20/83 Ltr to Martin from J. Shiffer, re: Docket No. 50-275, (

, OL-DPR-76,DiabloCanyonUnit1.(4pages) l

2. 3/28/84 Memo for Owen Shackleton from John B. Martin, subject: 3 Request for Investigation of Allegations of Intimidation 1 of Foley and Plant Thorpe Personnel. (1 page)

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3. 3/29/84 Memo to File from Dave Stetson of Quality Control at Jobsite. (1 page)
4. 6/15/84 Memo for Owen Shackleton from Daniel Murphy and Larry L. ]

Robinson, subject: Allegation of Threats and Intimidation i at Diablo Canyon Nuclear Power Station. (1 page) J

5. 6/15/84 Memo for John B. Martin from Owen C. Shackleton, subject:

Diablo Canyon - Allegations of Threats and Intimidation (Inquiry No. QS-84-018). (1 page)

6. 6/15/34 Memo for Owen Shackleton from Daniel Murphy and Larry L.

Robinson, subject: Allegations of Threats and Intimidation at Diablo Canyon Nuclear Power Station. (1 page)

7. Various List. (4 pages) 1 i

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I Re: F01A-84-743 (Seventh Partial)

APPENDIX P PORTIONS OF RECORDS WITHHELD EXEMPTIONS

1. Undated Sumary of Audit Finding by NSL. 6 & 7C (11 Pages)
2. Undated Allegation Nos. 184, 185, 186 & 187. 6 & 7C (1 page)
3. 8/18/82 Training Catagory. (20 pages) 6
4. 1/11/83 Interview w/ individual. (5 pages) 6 & 7C & 7D
5. 1/11/83 Questions for individual. (2 pages) 6 & 7C & 7D
6. 10/19/83 A11egatice form received at Diablo Canyon. 6 & 7C & 7D ,

(5 pages) 7, 11/4/83 Allegation Data Form from Diablo Canyon. 6 & 7C & 7D (11 pages)

8. 1/12/84 Sumary of Special Insp. Related 6 & 7C & 7D Information. (2 pages) l 4

9, 1/20/84 Allegation Report. (1 page) 7D

10. 1/25/84 Allegation Form. (3 pages) 6 & 7C & 70 11, 2/2/84 Memo for the Files from David P. Motley, 6 & 70 subject: Allegations Concerning Installation of Non-Standard Penetration Fire Stops in Nuclear Power Plants. (1 page)
12. 2/16/84 Conversation Record. (1 page) 6 & 7C
13. 2/17/84 Conversation Record. (1 page) 6 & 7C
14. 3/5/84 Telecopy to H. Canter from M. Padovan, 7D subject: Allegations Regarding Ken Dukes, Bechtel Supt & Restrictions on 9C Inspectors Interviewing Unit 1 and of Performance 9C inspections - Diablo Canyon. (3 pages)
15. 3/16/84 Problem Statement, Allegation No 154. 6 & 7C & 7D (26 pages)

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i-GOVERNMENT ' ACCOUNTABILITY PROJECT institute for Policy Studies 1901 Que Street. NV Washington D.C. 20009 (202)234 9382 4 September 13, 1964 Of i of Administration MM U.S. Nuclear Regulatory Commission NM Washington DC 20555  % py To Whom It May Concern:

h $ ./ 7 Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 5552, the Government Accountability Project (GAP) request copies of any and all agency records and information, including but not limited to notes, letters, memoranda, draf ts, minutes, diaries, legs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, files, graphs, engineering analyses, charts, maps, photo-graphs, agreements, handwritten notes, studies, data sheets, notebooks, books, tele-phone messages, computations, voice recordings, any other data compilations, interim and/or final reports, status reports, and any other records relevant to and/or ... ,

generated in connection with the Safety Evaluation Report related to the operation of the Diablo Canyon Nuclear Power Plant, Unit 1 and 2, NUREG-0675, Supplement No. 26, which provided the NRC Staff's further findings on whistleblower charges. We request that each responsive document be identified by the allegation number (s) to which it may relate.

If any of the materials covered by this request have been destroyed and/or removed, please provide all surrounding documentation, including but not limited to a de-scription of the action (s) taken, relevant date(s), and justification (s) for the action (s).

GAP request that fees be waived, because " findings }nformation can be considered as primarily benefitting the general public," 5 U.S.C. 5552(a)(4)(A). GAP is a non-profit, non-partisan public interest organization concerned with honest and open government. Through legal representation, advice, national conferences, films, pub-lications and public outreach, the project promattas whistleblowers as agents of government accountability. We are requesting the above information as part of an on-going monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.

For any documents or portions that you deny due to a specific FOIA exemption, please provide an inder itemizing and describing the documents or portion of ~ documents withheld. The index should provide a detailed justification of youi grounds for claiming each exemption, explaining why each exemption is relevant to the document-or portion of the document withheld. This index is required under Vaughn v. Rosen(I),  ;

484 F.2d. 820 (D.C. Cir.1973), cert. denied, 415 U.S. 977 (1974).

l We look forward to your response to this request within ten days. {

i Yours truly,

.o mas Devine

%d W Crystal Dixon Legal Director, GAP Legal Intern n-~, ,n~ , ,

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GOVERNMENT ACCOUNTADIUTY PROJECT Institute for Pokey 5tudies 1001 Ove Street N W . Woshington D C 20009 (202> 23d 9382 September 13, 1984 l

FREEDOM OF INFORMATION Director ACI REQUEST Of fice of Administration U.S. Nuclear Regulatory Commission h hy

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Washington DC 20555 gg To Whom It May Concern:  !

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 5552, the Government Accountability Project (GAP) request copies of any and all agency records and information, including but not limited to notes, letters, memoranda, draf ts, minutes, _ diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, files, graphs, engineering analyses, charts, maps, photo-Eraphs, agreements, handwritten motes, studies, data sheets, notebooks, books, tele-phone messages, computations, voice recordings. any other data compilations, interim i and/or final reports, status reports, and any other records relevant to and/or  !

generated in connection with the Safety Evaluation Report related to the operation of the Diablo Canyon Nuclear Power Plant, Unit 1 and 2, NUREG-0675, Supplement No. 22, which provided the NRC Staff's further findings on whistleblower charges. We request that each responsive document be identified by the allegation number (s) to which it may relate.

If any of the materisis covered by this request has been destroyed and/or removed, please provide all surrounding documentation, including but not limited to a de-scription of the action (s) taken, relevant date(s), and justification (s) for the action (s) . )

i GAP request that fees be waived, because " findings information can be considered as primarily benefitting the general public," 5 U.S.C. 5552(a)(4)(A). CAF is a non-profit, non-partisan public interest organization concerned with bonest and open government. Through legal representation, advice, national conferences, films, pub-11 cations and public outreach, the project promotes whistleblowers as agents of government accountability. We are requesting the above information as part of an on-going monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.

For any documents or portions that you deny due to a specific FOIA exemption, please provide an index iteniging and describing the documents or portion of documents withheld. The index should provide a detailed justification of your grounds for 1 claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld. This index' is required under Vaushn v. Rosen(I),

484 F.2d, 820 (D.C. Cir.1973), cert. denied, 415 U.S. 977 (1974) .

We look forward to your response to this request within ten days.  ;

Your truly Omad)

Thomas Devine 0&&

Cr stal Dixon Legal Director -

1,egal Intern j

    • a e g e iy n a n - n /y 1 g a W .J W { Y C L .l 1 ~/ '

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I, COVERNMENT ACCudNTADlLl1Y PROJECT ,

1555 Ccmnecticut Awnue, N.W., Suite 202 Washington, D.C, 20036 (202)232-8550 l

Freedom of Information Act Request FREEDOM OF INFORMATION ACT REQUEST

' f e f-Administration- FOIM ~((~ 72[o ah gto D 2 $'"' " U 'h lOYlf j To whom It May Concern:

i Pursuant to the Freedom of Information Act (F0IA), 5 U.S.C. 5552, the Government i 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, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studips, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer run-offs, any other data compilations t interim and/or fiori reports, status reports, and any and all other record's relevant to and/or senerated in connection with the " Safety Evaluation Report" related to the operation of Diablo Canyon Nuclear Power Plant, Uriits 1 and 2 (Docket Nos. 50-275 and 50-323). This report was published by the NRC Office of Nuclear Reactor Regulation in July 1984.  !

This request includes all agency records as defined in 10 C.F.R. $9.3a(b) and the_ '

'l NRC Manual, Appendix 0211, Parts 1. A.2 and A.3 (approved October 8,1980), whether they currently exist in the NRC official, " working," investigative or other files, I or at any other location, including private residences.

If any records as defined in 10 C.F.R. l9.3a(b) and the MRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, j

I please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the i action (s) taken relevant to, generated in connection with, and/or issued in order to implement the -sction(s). .

GAP requests that fees be waived, because " finding the information can be con-sidered as primarily benefitting the general public." 5 U.S.C.{552(a)(4)(a) GAP is a non-profit, nonpartisan public interest organization concerned with honest and open government. Through public outreach, the Project promotes whistleblowers as agents of government accountability. Through its Citizens Clinic, GAP offers l

assistance to local public interest and citizens groups seeking to ensure the w--r cp -

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DirGctor Office of Administration  !

Page Two i health and safety of their communities. The Citizens Clinic is currently assisting citizens groups, local governments and interveners in connection with investigations of the Diablo Canyon Nuclear Power Plant in California.

We are requesting the above information as part of an ongoing monitoring project ,

on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.

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 exemption is relevant to the document or portion of the document withheld. This index is required under yaughn v. Rosen (I), 484 F.2d 820 (D.C.Cir.1973), cert. denied, 415 U.S. 977 (1974).

Yours truly, .

Thor.as Devine

. Legal Director Fichard E. Condit Legal Intern i

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L j Re:.F01A-84-743 (Seventh Partial)

APPENDIX P (Continued).

PORTIONS OF RECORDS WITHHELD EXEMPTIONS

16. 3/23/84 Memo for File from Dennis Schafer, subject: 6 & 7C Alleged Inadequate HP Training to. Security Personnel.(1page)

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17. 3/26/84 Memo to File from M. D. Schuster, subject: 6 & 7C Followup on D. W. Schaffer's Memo of 3/23/84. (2 pages)
18. 4/12/84 Ltr to individual from Ross A. Scarano. 6 & 7C (2 pages)
19. 9/25/84 , 6 & 7C Ltr to individual subject: Allegationfrom T. W. Bishop (1 page)

RV-84-A-0023. -l

20. 11/3/84 Summary of Special Insp. Related 7D Information. (3 pages)

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