ML20237G418

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Further Response to FOIA Request for Documents Re Petition for Issuance of 860702 Show Cause Order & Investigation Into Wrongdoing at Plants.Encl App F Documents Also in Pdr.App G Documents Completely Withheld (Ref FOIA Exemption 5)
ML20237G418
Person / Time
Site: Harris, Brunswick, 05000000
Issue date: 08/11/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Epting R
EPTING & HACKNEY
Shared Package
ML20237G421 List:
References
FOIA-86-596, FOIA-86-793 NUDOCS 8708140060
Download: ML20237G418 (5)
v • d • e


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o UNITED STATES NUCLEAR REGULATORY COMMISSION op j .I WASHINGTON D.C. 20555 h A..... 7 AUG 111967 Docket No. 50-400/401 Robert Epting Esquire Epting and Hackney IN RESPONSE REFER 214 W. Rosemary Street TO F01A-86-596 AND Chapel Hill, NC 27514 F01A-86-793

Dear Mr. Epting:

This is in further response to two letters submitted to the NRC by Mr. Steven P. Katz, in August and November,1986, in which he requested, pursuant to the Freedom of Information Act (FOIA), copies of various categories of records regarding the Petition for the Issuance of a Show Cause Order dated July 2, 1986, filed by the Coalition for Alternatives ,

to Shearon Harris (CASH) and the investigation into allegations of wrongdoing at the Shearon Harris and Brunswick plants. By letter dated June 30, 1987, ,

your legal assistant, Ms. Barbara Downey, requested that additional records '

located in response to the FOIA requests from Mr. Katz be directed to your attention as the legal counsel for CASH. Ms. Downey also confirmed in her i

letter the agreement that all personal-privacy infonnation pertaining to j . Ms. Patty Miriello will be deleted from these records.

The records listed on enclosed Appendices' F and 6 of this letter are responsive to Mr. Katz's requests. Copies of records identified on Appendix F are being made available for public inspection and copying in the NRC Public Document Room, 1717 H Street, NW, Washington, DC, and at the Local Public Document Room,1313 New Bern Avenue, Raleigh, North Carolina.

The records identified on Apandix G are being withheld in their entiret

, pursuant to Exemption 5 of tie FOIA (5 U.S.C. 552(b)(S)) and 10 CFR 9.5(y)(5) a of the Comission's regulations. The withheld information consists of an investigator's handwritten notes. Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined that the withheld infonnation is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for this denial is Mr. Ben B. Hayes, Director, Office of Investigations.

This denial may be appealed to the Comission within 30 days from the receipt I of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state 'on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

&B'QOB70011 ,

EPTINC86-596 PDR l

. Robert Epting, Esquire The staff is continuing to review additional records subject to these requests. We will notify you upon completion of the review.

Sincerely, 1

Donnie H. Grimsley, Director Division of Rules and Records Office of Administration and Resources Management

Enclosures:

As stated I

Re: FOI A- 86-596 & 86-793 APPENDIX F RECORDS MAINTAINED IN THE POR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE' DESCRIPTION

1. 10/23/84 Carolina Power and Light Company (CP&L) Plant Operating Manual (15 pgs)
2. 8/12/85 Handwritten letter to CP&L from Patty Miriello (2 pgs.) - I'nformation Deleted
3. 9/6/85 Affidavit of Patty Miriello (3 pgs.)- Information Celeted
4. 9/9/85 Case Chronology (1 pg.)
5. 9/9/85 Investigative Work Plan (1 pg.)
6. 9/10/85 Memorandum to Case File (1 pg.)
7. 11/6/85 Memorandum for J. Nelson Grace from James Y. Vorse, subject: "Shearon Harris Nuclear Power Plant:

Alleged Preservice Piping Inspection Documentation Falsification (2pgs.)

8. 1/1/86 Handwritten letter to Atomic Safetv Li '

from Patty Miriello (11 pgs.)- InformaEnsinn Board cn Mieted

9. 1/15/86 Note to J. Helson Grace from Edward Christenbury subject: "Shearon Harris Nuclear Plant - Order (1 pg.)
10. 1/21/86 Memorandum for J. Nelson Grace from James Y. Vorse,

. subject: Brunswick Steam Electric Plant Infonnation Regarding Possible Health Physics Concerns (1 pg.)

11. 7/7/86 Memorandum for J. Nelson Grace from James Y. Vorse, subject: " Discontinuance of OI Inquiry Q2-85-021, entitled Shearon Harris Nuclear Power Plant; Alleged Falsification of Inservice Piping NDE Inspection Records (1 pg.) l
12. 7/14/86 Memorandum to Case File (1 pg.)

.13. 9/10/86 Press Release from. CASH (1 pg.)

14. 9/22/86 Memorandum for J. Nelson Grace from James Y. Vorse, subject: "Shearon Harris Power Plant - Alleged Falsification of Preservice Piping Inspection Records by Contractor enclosing OI's Report of Inquiry, Exhibits 1-4,(133pgs.)

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Re: FOI A 86 -596 & 86-793 APPENDIX F RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE RE0 VEST NUMBER NUMBER DATE. DESCRIPTION

15. Undated Resume of Patty Miriello (13 pgs.). Information Deleted
16. Various Dates Investigation Status Records (13 pgs.)
17. Undated Business cards of CP&L Employees (1 pg.)

la. 10/5/86 , Letter from Patty fiiriello to 01-Reg II, with attachments (22 pgs.) - Infomation Deleted t

4 i

^

Re: F0I A 86-596 and 86-793 1

APPENDIX G l l

RECORDS TOTALLY WITHHELD 1 NUMBER' DATE DESCRIPTION & EXEMPTION

1. 7/3/86 Investigator's Handwritten Note (1 page)

Exemption 5

2. 9/13/85 Investigator's Handwritten Note (1 page)

Exemption 5

3. Various Dates Investigator'sHandwrittenNotes(45pages)

Exemption 5

4. Undated Investigator's Handwritten Notes (4 pages)

Exemption 5 i

s

Coalition for Ijove:ber eteven r.3,1956 I Ca AsSiHe Sliransnitarris cAllernatim io F.atz CASH Legal Committee 237 McCauley St. i ct.epel r.2 1 1 , w eo a '

(919) 929-1870 Donnle Grinsley Division of Rules and Records of fice of Administration US Nuclear Regulatory Commission Washington, DC 20555 FREEDOM OF INFORMATION l ACT REQUEST j FREEDOM OF INFORMATION ACT REOUEST

Dear Mr. Grimsley,

C2.Le 'c/ N~Iz-2(e Pursuant to the Freedom of Information Act (5 U.S.C.

the Coalition for Alternatives to Shearon Harris (CASH),572,and et. Wells seq.),

Eddleman, pro.se., requests copies of any, and all, NRC records and information, including but not limited to notes records, letters, memorena, draf ts, miniutes, diaries, summaries,, interview reports, .

procedures, instructions, charts, handwritten notes engineering studies, plans, drawings, flies, graphs, data sheets interum and final reports, status and or generated in response to:

repor,ts, and any and all reco,rds relevent to 1

The investigation of allegations, complaints or arguments present-ed to the NRC, NRR, or the IO, by Ms. Patty Mirriello. Partic larly the investigation, which we understand is considered closed by the IO, of the a. multiple affidavits presented by Ms. Mirriello concerning:

harrasment, intimidation and blacklisting, by CP&L or it's agents at the Shearon Harris and Brunswick Nuclear Power Plants.

b, documents related tothe inservice inspection process at

{

the Shearon Harris Plant.

c. documents related to Ms. Mirriello's personel radiation l records while employed by CP&L or it's agents. l
2. The CASH /Eddleman Erief, filed with the Commission on Octsber 6, 1986, and documentation concerning:
a. Remedial action, additions modifications either contemplat-ed or taken by Carolina Power a,nd Loght Co, the State of North Carolina, the varrious Counties and other quasi-govern I mental entities involved in the planning for or participation

) in the Emergency Preparedness Plan (evacuation plan) for the Shearon Harris Nuclear Power Plant, since the Full Scale "

Exercise b,

of the plan in May of 1985; or, changes in the "on-sight prepared ness"for the SHNPF.

I 3 NRC investigation of incidences, allegations or remedial' action i taken by the KRC, CP&L or it's aEents in response, to the discharge of CP&L or a5ents unployees and subsequent Department of Labor investigation.l Apex: 362-4717

  • Cary: 828 0088,832 8558
  • Chapel I till: 942 1112, 9674812, 968-0567 Dorham: 683.s209,683 3209
  • Ilillsboro: 732 8245
  • PitL% boro: $42-4144
  • Raleigh: 8284X)88 l k*k &

o in particular the 1:cWeeney and VanEeck D.O.L. clairs, investiE ations, and subsequent administrative actions, orders and appeals.

4 Provide the above requested documentation concerning the CASH /

Eddlecen 2.206 Show Cause Petition filed with the Director of Reactor Regulation on October 17, 1986 and any and all documentation generate:1 which relates to:

a. QA/QC arEuments contained therein;

, b. Wrongful discharge of ecployees as stated in the argument's contained therrin; and,

c. information concerning arEuments and allegations concerning the investigation of placement numbers and procedures from the confidential inforzant.

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o ,

1 In our opinion, it is appropriate in this case that search charges te waive'd, pursuant to 5 USC 522(a)(4)( A),". . .because furnishing the I

I 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 cess.

be had in the NRC's licensing and reEulatory pro- ,

)

For any documents or portions of d6cuments which you may deny due to srecific FOIA Exceptions, please provide an index describinE and doc-uhentin6 the portions withheld, and a justification for claiming such an Exception as required by Vaughn v Rosen, 464 F.2d 820 (D.C.Cir,1983} '

We are looking forwpod to your prompt reply.

l Simpprely, se er I

, ' Steve [P'. atz CASH Legal Commit ee 0

C can'.L 1. t i o n for A. Alternatives to Shearon 11arris CASH 237 ficCauley St. Chapel Hill, NC 27514 919-967-6812 .

/'

Mr. Harold L. Denton Director of Nuclear Reactor Regulation h U.S. Nuclear Regulatory Commission Of fice of Reactor Regulation FREEDOM OF INFORMATION l Washington, D.C. 20555 ACI REQUESI Fo~r A-h ~S %

Dear Mr. Denton,

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 recprds and information, including but not limited to notes, records, letters, memorana, drafts, miniutes, diaries, summaries, interview reports, procedures, charts, instructions, engineering handwritten notes, studies, data sheets, interum $ lens, drawings, files, graphs, and ,

final reports, status reports, and any and all records relevent to and or generated in connestion with the Petition for the jssuance of a Show Cause Order, pursuant to 10 CFR 2.202, as requested by CASH dated 2 July 1986.

Petition to Institute Proceedings pursuant to 10 CFR 2.206, This request during includes but is not limited to information gathered the investigation into: '

1.

The activation of the Emergency Notification System, particularly the events of 28 June 1986, and the apparent noncompliance, by C.P.&L, and the North Carolina Emer~gency Management E,

Office with the terms of 10 CFR Part 50, Appndx.

during that event;

2. The apparent dissemination of misinformation during the evening of 28 June 1986, by varrious organizations respon-sible under the Emergency Notification System (including but not limited Sheriffs to personel within SHNPP, Chatham County, Department, North Carolina Highway Patrol, and Mr. Mack Harris of 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 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.

and Ms. Mirriello; particularly information concerning the contentions, as stated in CASH's 2.202 request.

d.e 2.

5. Give all documents relevent to the investigation of pipe welds , as s t a t e d in the !!irrello cont <:, tion , T- *. i cu l .--l ,

the evidenen attac':A t o ': ^." ' . " ne t i t i o .

6 f.nv ond eli evidence chieb 'tes develoned eturina the irveeti ation of the 'lirriello contentions or reinted investientions concernin nos-sible violctions of the t. SIS Doller end Pressure '/essel Code, section

I, f.rticle I"3 3000 ( 1.9'O I
dition of the Shearon 'arris Pre-Service inspection llanuel).

7 The Directors investigation and evaluation of the Psuchole.ical Stress 1.rnument, and particular reference to the events at Chernoble and 29 June 19A6.

9. 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 !!arris Plent).
  • CASP requests that fees be waived, because finding that the information can be con-sidered as primati11y benefitinr, the public, pursuant to 5 USC 552 (a)(4)(a). CASF. is a non-profit, public interest organization comitted to and concerned with the health and safety of it"s member, and of the surrounding comunities, and is carticulariv con-carned about the notential harm which may result if ader:uate protective measures are not taken to. correct the problems outlined in Cf.S!! petition for Sho1 Cause.

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?cr any documents or portions of documents which you may deny due to specific FOIA ex-captions, please provide. art.index itemizinn and describina. the documents and portions withheld. The inde: should 'orovide e detailed: Justification foi your crounds for claimine occh exernption, explaining why each exemption if justified and relevent to the portion of the document withheld. (This index is recuired by Vauchn v Rosen I, 4'14 Y2d S20 (D.C.Cir.1973), cert. denied. 415 U.S. (1.974).

Thtnh you for your continued cooperation, and we look forward to hearinn from you.

If I can be of an help please call at (919) 9'29-1870 or at the number listed on tha letterhead.

S cerely, Stsven . Katz CASH Le Comittee 1720 Allard Road Chapel ?.111, !!C '!75 i

cc: Local Field Office Regional 0Ffice l

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