ML20237B120
| ML20237B120 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 12/09/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Bauman L GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML20236J334 | List: |
| References | |
| FOIA-87-596 NUDOCS 8712160039 | |
| Download: ML20237B120 (6) | |
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RESPONSE TO FREEDOM'OF I"*"
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%*e...e INFORMATION ACT (FOIA) REQUEST nm 9 BB7 Docitst euwe4a si ur espastr-A Out$ TEA
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/f N 1 0 h f Y PA8tf L-8tECORDS RELE.ASED 04 asOT LOCATED (See checked honeel No agency records subsect to the oment have bem -
No additumal agency records kepect to Pe requer W temen located Agency recorde mberci to the requesi thet are dentsed e Apperdia are already avedetde for putec espection and copvmg m the NRC PutAc Docurmrit Room, 1717 H Street, N W., WooNngton, DC.
Agency records sub,ect to the requeet tot are esoneRed e Appendta M
are being made avetetdo for putic herei. en and copying m the NRC Putsc Document J
1 Room,1717 H Street, N W., WesNngeon, DC, e e tenaar under the FOLA nutneer and requester nome.
The nonproprietary wereen of the proponeHal that cau areed to accept m a tosphone converesten wrth a member of my etsff a roe bemg made eve 4eeds for putec especten and coybg et the NRC PutAc Docurrent Room,1M7 M Street. N W., WeeNngton, DC. m a tokter under the FOIA number and geueener name.
Encioned a mformation on how you may otriam acces er and the charges for copyng records pieced m the NRC Put*c Document Room,1717 H Street, N W., Weeheven. DC.
Agency records subsect to the request are encheec Ano appiscatdo charge for copese of the recorde provded and payment proceepes as noted m the commente esceon i
Records subpoet to the requer have been rverred as asemer FederW ogs wyisel for review e4 direct response to you.
m h of NRC's response w pus tw, no fureer scaen a temg taken on oppsel tener dated PANT LA-INFORMATION WITHHELD FROM PutuC DISCLOeURE Cortem wwmoton b e roovenso records a twe5 metiend from put*c acciosure pursum to the FOiA enemptere descrt.d e and so, the re core stated n Port s. sec-tions B, C, and D. Any reisesed portkre of es docrwes for e ordy part of to record is beang wrthhead are beeng made evetetdo for putse inspectaon and copvmg m the NRC Put4c Document Room,17f7 H Street, k Wr WaeNngton, DC, e e fceder under the FOIA numter and requester nome f,
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NIC FORM 464 (Pen tp to esi
FR$EDCM OF INFORMATION ACT RESPONSE FOIA %UVBERiSi DATE _ _
PART 11 B-APPLICABLE FOIA EXEMPTIONS RU U N Records empet to the request that are described in the enclosed Appendices are being withheld in their entirety or en paa foer FOIA Exemptcra and for the reasons set forth below pursuant to 5 U.S.C. 562(br and 10 CFR 9.5(a) of NRC Regulations.
- 1. The artr'ed information a property classited pursuant to Executive Order 12356 EXEMPTION 1)
- 2. The surr rgso informaton Irelates solely :0 the intomal ps:Unnel rules and procedures of NRC. tEXEMPTION 2)
.3. The miehsc information a toecifcally exerroted from public disclosure by statute edcated. (EXEMPTION 3)
Secmor 141145 of the Atomac Energy Act whch prchibits the declosure of Restreted Data or Formerty Restreted Data 142 U.S C. 21612165L
~
Secmor*.47 of tre Atomic Energi Act whch prohibits the declosure of Unclaestfad Safeguards informaton 142 U.S C, 2167)
- 4. The wthead information e a trade secret or comme;cial or financial information tat a being withheld for the reason (s) indicated. (EXEMPTION 4)
The eformatori a ennsedered to be confidential business (propnetaryl informanon i
The rformation a considered to be propnetary information pursuant to 10 CFR 2390NdHI).
The cformation was submrtted and received in confidence from a foreign source pursuant to 10 CFR 2.790tdM2).
A
- 6. The wanheid information consists of interagency or intraagency records that are r1:it assilable through discovery dunng litigaton. Osclosure of prerte=-we ensmation would and e inhibst the open and frank enchanGe of ideas essential to the deliberate.e process. Where records are withheid in their entirety, the facts art rerr"Cably X
arwertwned math the needecisenal informaton. There also are no reasonably segregabee factual portions because the release of the facts would permrt an eunract easy mto the predecisonal process of the agency. (EXEMPTION 51
- 6. The wtened information a exempted from public disclosure because sts disclosure would resuft in a clearty unwarranted invasion of personal prwacy. (EXEVP*CN 6)
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- 7. The wunhed efonnaten consists of investigatory records compiled for law enfor:enwet purposes and a being withheld for the reasants) mdicated. iEXEWPTION 7)
O Dmoosure woved eterfor* with an enforcement proceeding because it could reveal the scope. derection, and focus of enforcement eHorts. and thus coue, d, posect, anow them to take action to sheid potential wrongdoiry or a volatior of %RC requirements from investigators. IEXEMPTION 71An D-re wuuid constrtute an unwarranted invasion of personal pnvecy (EXEMPTION %Cn
] The efermation consists of name< of mdividuals and other mformaton the deceasure of which would reveal acentities of confsdental sources (EXEMPTCN
- N PART 11 C-DENYING OFFICIALS Pursuaet to t' CF3' 9.9 and or 916 of the U S. Nucleer Regulatory Commasarm regulatons. vt has been determined that the informaton withheld e exempt from produelcr cr declosure.
and that ets grm.c on or duelosure is contrary to the pubhc mterest. The persons resporsebee for the denial are those officials identified below as denysrg o+fcaals a*d 'he Dwector, Dewseon of R.ses and Records, Offee of Administration, for any densais that may be spoeeeec to the Executave Director for Operations itoor
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DEhYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE DACAL f%GK # fN. L pJt#S4 /,,,,
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PAR r 11 D-APPEAL RIG >fTS The denia by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appen musr. be in writing a-c rnust be rnade within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operater,s or to the Secretary of the Commission, U.L. Nuclear Regulatory Commission, Washirvon, DC 20555, and should clearly state on the enveloper anc n t"e letter that rt is a, " Appeal from an initial FOiA Decision."
mc toRM as4 ears a U.S. NUCLEAR REGULATORY COWIMISSION tessi FOIA RESPONSE CONTINUATION
Appendix r Released Records 1.
Undated Sanitized copy of Report of Investigation (49 pages) 2.
12/3/86 Letter from A. Roisman to Judges Eleck, Jordan and McCallom re: 0IA report, w/attacted copy of 12/4/86 letter from Roisman to V. Stello (4 pages) 3.
12/11/86 Memorandum from V. Noonan to ASLB for Comanche Peak re:
01A Report of Investigation (3 paces) 4.
Various Newspaper articles re: 0IA Report and Comanche Peak (3pages) 5.
10/1/84-Attachment to record no. 5, Appendix C, Sanitized 9/30/85 Employee Performance Appraisal of T. E. Westerman and copy of Regional Office Policy Guide No. 200(5),
V. Revision 0.
(10 pages) 6.
12/23/86 Memorandum from W. C. Parler to Commissioners,
Subject:
OGC Review of OIA Report concerninc Region IV Management Actions Relative to Comanche Peak (0IA Investigation No.86-10).
(4 pages) 7.
4/4/86 Memorandum from V. S. Noonan to Ccmissioners,
Subject:
Board Synopsis Comanche Peak (Board Notification No. 86-14), w/ enclosures (7 pages) 8.
4/14/87 Memorandum from V. Stello to Chairnan Zech,
Subject:
" Implementation of Recommendations of Comanche Peak Report Review Group, w/ enclosures 1 and 2 9.
12/4/86 Letter from E. J. Markey to Chaiman Zech re:
01A Report (2pages) 10.
1/15/87 Letter from Chairman Zech to V. Stello,
Subject:
"01A Report Review - OIA File #86-10" (1 page)
- 11. 7/16/87 Letter from E. Lammers, Chairman cf Carlile Area Residents Assn. to Chairman Zech (3 pages) 12.
12/10/86 Letters from L. Zech to Senator or Representative Simpson, Markey, Udall, Synar, Glickman, Armey, Gejdenson, & Bryant re: OIA Report (8 pages)
- 13. 5/12/87 Memorandum from L. Zech to V. Stello,
Subject:
" Recommendations Pursuant To The Comanche Peak Reports" (COMLZ-87-25) (2 pages)
l Appendix F Records Withheld in Whole or In Part 1.
Undated Draft Proposed Response to Inquiry (3 pages)
Ex. 5 2.
Undated Annotated Draft Memorandum from Stello to the Conr.issioners re:
Implementation of recommendations of Comanche Peak Report Review Group (20 pages)
Ex. 5 3.
12/9/86 Memorandum from V. Stello to Commissioners
Subject:
" Staff Actions Regarding)OIA Report on Comanche Peak (w/ attachments)(12 pages Ex. 5 4.
12/17/86 Memorandum from V. Stello to Chaiman Zech re: OIA Report Review - OIA File 86-10, w/ enclosures (8 pages)
Ex. 5 5.
12/18/86 Memorandum from H. Ragan to W. Parler re:
Staff Review of OIA Report w/o attachment (2 pages)
Ex. 5 6.
4/2/86 Letter from J. K. Asselstine to S. Connelly re: Ongoing OIA Investigation of Comanche Peak (1 page)
Ex. 5 7.
1/27/87 Memorandum from W. C. Parler to Commissioners,
Subject:
" Release of OIA Report Concerning Region IV Management Actions Relative to Comanche Peak (OIA Investigation No. 86-10) (2 pages)
Ex.5 8.
1/27/87 Annotated draft of page 2, record 7, Appendix C Ex.5 l
9.
4/14/87 Memorandum from J. Murray to W. Parler, transmitting undated and unsigned draft memorandum w/ enclosures fron l
Y. Stello to L. Zech, Chmn. (43 pages) l Ex. 5
- 10. !5/14/87 Annotated copy of Memorandum from V. Stello to Chairman Zech,
Subject:
" Recommendations Pursuant to the Comanche Peak Reports, w/ draft enclosure (3 pages) l Ex. 5
4 2
11.
5/19/87 Memorandum from W. Parler to Chainnan Zech,
Subject:
" Recommendations Pursuant to the Comanche Peak Report" (1page)
Ex. 5 12.
12/9/86 Memorandum from V. Stello to Chairman Zech,
Subject:
" Release of OIA Report on Comanche Peak" (1 page)
Ex. 5 13.
1/9/87 Letter from W. Parler, OGC, to M. Callahan, OCM, re:
1/6/87 memo from S. Connelly to V. Stello (1 page) i Ex. 5 14.
1/27/87 Memorandum from W. Parler and V. Stello to Commissioners,
Subject:
" Release of OIA Report Concerning Region IV Management Actions Relative to Comanche Peak (OIA Investigation No. 86-10)" (2 pages)
Ex. 5 15.
12/8/87 Letter from M. Synab to Chairman Zech re: OIA Report 1 page)
Ex. 2 in part 16.
12/9/86 Letter from D. Glickman to Chairinan Zech re: 01A Report 1 page)
Ex. 2 in part 17.
12/9/86 Letter from D. Armey to Chaiman Zech re: 01A Report (1 page)
Ex. 2 in part 18.
12/9/86 Letter from S. Gejdenson to Chairman Zech re: OIA Report (1 page)
Ex. 2 in part 19.
12/12/86 Letter from E. Markey to Chairmam Zech re: OIA Report (1 page)
Ex. 2 in part 20.
5/5/87 Memorandum from Chilk to Commissioners,
Subject:
" Staff l
Requirements Memoranda COMLZ-87-25." w/ attachments:
draft memoranda (4 pages)
Ex. 5 in part 21.
4/16/87 Memorandum from Lar.do W. Zech to Consissioners,
Subject:
" Agenda For Management Meeting - April 16,1987" (1 page) i Ex. 5 j
22.
4/17/87 Memorandum from J. K. Asselstine to Chairman Zech,
Subject:
" Response To Comanche Peak OIA Report" (1 page)
Ex. 5
e i
3 23.
4/E1/f7 Memorandum from L. Zech to Commissioners
Subject:
" Recommendations of the Executive Director (EDO) Pursuant To The Comanche Peak Reports" (1 page)
Ex. 5 in part 24.
5/15/E7 Memorandum from L. Zech to Comissiowrs Asselstine, Bernthal and Carr,
Subject:
"Reccumendations Pursuant To The Comanche Peak Report," w/ attached 4/14/87 Memorandum from V. Stello to Chairman Zech and draft enclosure (10 pages)
Ex. 5 in part 25.
1/20/E7 Memorandum from L. Zech to Connissioners,
Subject:
" Letter Concernin Ex. 7(A) and (D) g Comanche Peak," w/ attachment (4 pages) 26.
8/20/E7 Letter from S. Gejdenson to L. Zech re: Stello statement (1 page), w/ attached 8/11/87 letter from L. Zech to Representative Gejdenson re: Stello Statement and enclosure:
Stello statement of 6/11/87 (7 pages)
Ex. 2 in part
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, I..E :. ::... ". :.;SCGE. SIN 5 ; E1.;S 9 7 September 1, 1987 FREEDOM OF INFORMATION F2..C:0 ' DF INFORMATION 7.07 EEQUES:
ET REQUUT f00"S}~.$ f &
d3C #h k* MM) f Administration U.S.
Su:laar Regulatcry Commissien Washington, D.C.
2021C TO MHO IT XAY CONCERN Pursuan: to the Freedot of Information Act (FOIA, 5 U.S.C. 552,) the Government Accountability Project (GAP) requests copies of any and all t
agency records and information, including but not limited to notes, lettars, memoranda, drafts, minutes, diaries, logs, calenders, tapes, i
t rc:.s cript u, s ur..ma ri e s, interview reports, procedures, instructions, cagineering analyscs, drawings, files, graphs, charts, maps, photographs, cgrecmcats, handwritten notes, studies, data sheets, n ebooks, book s,
telc? hone messages, cor.:putations, voice recordings, cc puter runoffs, and any thar data compilations, interin and/or final reports, status reports, and 2nv :...d all other records relevant to and or generated in connection with:
1)
Mr. Stello, 1/21/87 memo establishing CPRRG, 2)
Enclosures 3-6, letters to Region IV personnel, 3)
Notes of Mr. Stello's meeting with individuals involved 4)
Region-wide training program and guidance plan-any contracts or work orders accigning this task 50 Mr. Martin's 12/17/86 memo to Mr. Stello from Mr. Phrtin
~6)
OGC's 12/23/86 meno to the Commission.
These documents are referenced to in Mr. Stello's 4/14/86 memo to Mr. Zeck.
This reques includes all agency records as defined in 10 C.F.R. 9.3a(b) 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, " working"
. investigative or other files, or at any other location, including private
- residences.
/
If i..n' records as defined in 10 C.F.R. 9.3a(b)'and the NRC Manual, supra, l
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 which have been or are destroyed and/or removed, a description cf the action (s) taken relevant to,' generated in conn-ectica with and/or issued in order to implement the action (s).
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'n i s t 19')lovie r Cli n i c, GAP offers to ;c:c; p b) 3 c, inter:st a; ' ci ti zens g roups and interveners assis : :e in t.a ::n:2rn f or safety:nt huelear 7: er plants.
We cr.3 r ecues ting this.inf or: nation as pa rt.of an. ongoing monitoring project j
of the ::.TC's ef forts to protect.public..ealth. and safety at and near nuclet.: prc:essing planks and radioacti te waste facilities.
For' ar.y Cccuments or portions that you S ny due to a specific FOIA
. exe:np ti :., please prc.ide an. index itenizing and describing the documents or por:icas of documents withheld.
The index should provide a detailed justifi:c.ti:r. of your groands for clai:i.ng each exemption, explaining why esch exerption is. relevant..to, the docu:r.ent or portion of the document
' withheld.
This index.is' required,under Vaughn v.
Rosen (I), 484 F.2d 820 (D.C. Cir. 19 7 3 ),. cer t.",' denied ;. 415 U. S. 977 d9h ).
We loc.% f orward to your r'esponse to this request within ten (10) working
- days.
Sincerely; Linda Bauman.
FOIA Coordinator
- Midwest Office 3;
- te s po..s e to hhis iequesh Elio' id be, bailed' to the Midwest Office:
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104 E. Wisconsin Avenue..-B.;,
Appiootr., Wisconsin 549.11-489,7.
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'u TRIAL l.AWYERS FOR PuBuc JUSTICE, P.C.
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COUN$tLLORS AT LAW
-Nh SUITE 611 2000 P STREET. NORTHWEST ANTMONY Z ROISMAN WASHINGTON. D.C. 20036 (202)463-8600
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[xtCUTML DIRECTOR ARTHUR BRYANT
$TfJF ATTORNEY BILUE CARDC
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DIRECTOR. ENVIRONMENTAL WHISTLLSLOWER PROJECT g r.
g ;4,- L BARBARA PRATT OfflCE A%NACCR KATHLIIN CUMBERBATCH SECRETARY December 3, 1986 Peter B. Bloch, Chairman BY HAND Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission 4350 East-West Highway, 4th floor Bethesda, MD 20814 Dr. Walter H. Jordan FEDERAL EXPRESS Administrative Judge 881 West Outer Drive Oak Ridge, TN 37830 Dr. Kenneth A. McCollom FEDERAL EXPRESS Administrative Judge 1107 West Knapp Stillwater, OK 74075 RE:
Texas Utilities Electric Co. (Comanche Peak)
Dkt. Nos. 50-445, 446-OL Gentlemen:
On several occasions this Board (and its predecessor Board) have made clear the du ty of any party to promptly provide the Board and the parties with relevant information that comes into their possession.
E.g., Memorandum and Order (Motion to Reopen the Record and To Strike), 9/1/83, p. 2, fn 3; Memorandum and Order, 1/4/83, pp. 5-6; Order Subsequent to Prehearing Conference of December 1, 1981, 12/18/81.
It has come to our attention that an extremely relevant investigative report prepared by the NRC has been issued in final form and was delivered to the Staff (Mr. Stello) last week.
We understand the report deals with serious deficiencies in the QA/QC program at Comanche Peak and serious problems with oversight of the plant by the Region IV office.
We also understand that most of the specific disclosures made in this repor t are new and have not been previously made known to the Board or the parties.
We are deeply concerned that the Staf f may be sitting on this repor t, perhaps even hoping to find a way to change or modify its extremely damaging conclusions, certainly hoping to delay itc release.
This would be contrary to their legal duty to V
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comply with this Board's orders and pronouncements and detrimental to the interest of CASE and its ability to pursue the public interest and argue its pending motions before both this Board and the Appeal Board.
We urge that this Board promptly reemphasize to the Staff its duty immediately to make available to the Board and the parties the report it-has been holding concerning Comanche Peak I
and the performance of Region IV.
Sincerely, l
h~M
'I
/
Anthony Roisman enclosures cc:
Service List (by hand to Messrs. Reynolds, Mizuno, and Dignan (via Ropes & Gray Washington office))
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i TRIAL lAWERS FOR PUBUC JUSTICE. P.C.
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f COUN5LLLORS AT LAW SURE 6tl 2000 P STREET, NORTHWEST ANTMONY Z ROl5 MAN WASHINGTON, D.C. 20036 (202)463-8600 LXtCUTIVE DIRECTOR ARTHUR BRYANT 5
Staff ATTORNEY SILLit CARDt DIRECTOR LNMRONMENTAi WHISTLletowtR PROltCT pRuu run 0"lCt hMNAGR December 4, 1986 KOTHLLIN CUMBERBATCH SECRITARY Victor Stello BY HAND Executive Director of Operations U.S. Nuclear Regulatory Commission 7735 Old Georgetown Road, 6th floor Bethesda, MD 20814 RE:
Texas Utilities Electric Co. (Comanche Peak)
Dkt. Nos. 50-445, 446-OL and 50-445-CPA
Dear Mr. Stello:
Pursuant to 10 CFR 52.744 and on behalf of Citizens Association for Sound Energy (CASE), I hereby request that you produce immediately the recently completed OIA report, with all attachments, draf ts, depositions, and documents, relating to the performance of Region IV in its evaluations of the Comanche Peak Steam Electric Station.
It is my understanding that this document and its attachments contain substantial evidence relating to the inadequacy of the quality assurance / quality control program in ef fect at Comanche Peak during its construction as well as informatin regarding the failure of Region IV to report or disclose these deficiencies.
Inasmuch as the pending licensing and construction permit amendment proceedings both involve questions of QA/QC adequacy during construction of Comanche Peak, and the OL proceeding involves the question of Region IV's performance and its implications for workers who felt harassment and intimidation and could not go to the NRC with their concerns, there can be no doubt that this report is highly relevant to both proceedings.
Because there are several motions now pending in both proceedings to which this information is relevant, I request that you release the documents no later than 4:00 p.m.,
- Friday, December 5.
Failure to receive a response f rom you by then will be deemed equivalent to a denial within the meaning of S2.744(c),
and we will proceed accordingly.
You may provide your response by telephone and make a copy of the documents available at your offices for our pickup.
If I am unavailable at the above number, please contact my co-counsel Billie Garde at (202)232-8550.
Sincerely, i-J"1 jh
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Anthony Z o
man e
AZR/bp cc:
service list (by mail)
Larry Chandler (by hand)
_ _ _ _ _ _ _