ML20237G008

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Responds to Appeal Re Denial of FOIA Request for Documents Re Dismissal of Health Physicist at Plant for Whistleblowing on Mar 1985 Incident of Equipment Malfunction.Encl App Documents Partially Withheld (Ref FOIA Exemptions 5,6 & 7)
ML20237G008
Person / Time
Site: Peach Bottom  Constellation icon.png
Issue date: 08/19/1987
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Rubinton D
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20237G010 List:
References
FOIA-87-228, FOIA-87-A-50 NUDOCS 8708210644
Download: ML20237G008 (4)


Text

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UNITED STATES y

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%9.....,0 AUG 191987 Mr. David S. Rubinton i

l F0IA Coordinator I

Government Accountability Project l

Midwest Office IN RESPONSE REFER l

104 E. Wisconsin Avenue TO F01A-87-A-50 l

Appleton, WI 54911 (F01A-87-228)

Dear Mr. Rubinton:

This is in response to your letter dated July 8,1987, in which you appealed Mr. Donnie H. Grimsley's form response dated July 1, 1987. Mr. Grimsley's form response denied 12 documents in whole or in part, which were subject to your Freedom of Information Act (F0IA) request.

You requested documents related to the dismissal of a health physicist at the Peach Bottom nuclear power plant for wHstleblowing on a March 1985 incident of equipment malfunction.

Acting on yeur appeal, I have carefully reviewed the record in this case and have determined that some additional information can now be made publicly available.

Your appeal is, therefore, partially granted and partially denied.

Documents nine and twelve and portions of documents two, seven, eight, ten, and eleven listed on the enclosed appendix can now be made publicly available and are enclosed.

The remaining withheld portions of documents one through eight, ten, and eleven will continue to be withheld from public disclosure pursuant to Exemptions (5), (6), and (7)(D) of the F0IA (5 U.S.C. 552(b)(5), (6), and (7)(D)) and 10 CFR 9.5(a)(5), (6), and (7)(iv) of the Commission's regulations.

Documents one through seven contain the names, payroll identification numbers, and badge numbers of individuals exposed to radiation; social security numbers; a home address; and a home telephone number of employees at the Peach Bottom nuclear power plant.

I am unable to identify any legitimate public interest in this information which outweighs the privacy interests of the individuals.

Documents eight, ten, and eleven contain the advice, opinions, and recommendations of the staff and were prepared in the course of reaching a final agency decision. Exemption (5) was intended to permit the agency's withholding of such documents to preserve the free and candid internal dialogue necessary for the careful formulation of agency decisions.

Document eleven contains information the release of which could reasonably be expected to reveal the identity of a confidential source.

I am unable to identify any legitimate public interest in this information.

8708210644 870819 PDR FDIA RUBINT87-A-50 PDR

Mr. David 5. Rubinton This is a final agency action. As set forth in the F01A (5 U.S.C.

552(a)(4)(B)), judicial review of this decision is available in a district court of the United States in the district in which you reside or have your principal place of business or in the District of Columbia.

Sincerely,

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dh 1 tor S llo Jr.

E ecutive Di ector for Operationr, I

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Enclosures:

As stated

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F01A-87-A-50 i

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APPENDIX 1.

1/1/85 Radiation Work Permit No. 3-I-003 (16 pages).

Ex. 6 2.

3/14/85 Discrepancy Report (4 pages).

Ex. 6 3.

8/5/85 Radiation Contamination Airborne Survey (2 pages). Ex. 6 4.

10/16/85 Letter from Robert M. Gallo to George Fields, subject:

Concerns of Radiation Exposure Received on 3/1/85 at Peach 30ttom (1 page).

Ex. 6 5.

Undated Followup Conversation with George Fields, Bartlett Nuclear (1page). Ex. 6 6.

3/23/87 Letter from Robert M. Gallo to George Fields, subject: Request for Investigation Report Regarding Employee Termination at the Peach Bottom Atomic Power Station (1 page).

Ex. 6 7.

Multi Radiation Work Permit Access and Exposure Control (3 pages).

Dates Ex. 6 8.

Undated Briefing Paper on Health Physicist Termination and 10 CFR 50.7 l

Violation (2 pages). Ex. 5 9.

6/17/86 Memo from Thomas E. Murley to Ben B. Hayes, subject: Peach Bottom Atomic Power Station (PBAPS): Report of Investigation l

(1-85-019) Alleged Threats to Employees to Prevent Disclosure of Possible Overexposure to NRC (1 page).

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Undated 01ReportonHPIntimidation/ Termination (Fields)(1page).

Ex. 5 11.

1/14/87 Letter from Thomas Murley to James Taylor, subject: Proposed Civil Penalty-Philadelphia Electric Co. (PECO)/ Peach Bottom Unit 3) (7 pages). Ex. 5 and 7D 12.

3/11/87 Annotated Cover Sheet of 3/6/87 PEC0 letter to NRC, IE Cis11 Penalty Dated 2/9/87 (1 page).

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