ML20237L132

Partial Response to FOIA Request.App L Documents Re Allegations Concerning Diablo Canyon,Encl & Available in PDR

ML20237L132
Person / Time
Site:	Diablo Canyon
Issue date:	09/03/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Devine, Dixon GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20237L135	List: ML20237L132 ML20244C981
References
FOIA-84-741 NUDOCS 8709080224
Download: ML20237L132 (2)

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(s eee. / INFORMATION ACT (FOIA) REQUEST SEP - 3 m DOCKET NUMBER (Siilt appeceas ' ' '

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PART f.--RECORDS RELEs.8ED OR kOT LOCATED fSee checked bones)

No agency records subsect to the request have been located.

No Edditiornal agency records subpset to the request have been located. 1,. ; .' d j ,)

Agency records subsect to the request that are identified an Appendia are already available for puMc inspection and copying in the NRC Public Docu _

1717 H Street, N.W.. Washsngtt+ DC.

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' Agency records subpoet to the request that are identified in Appendix b are being made avadable for pubt;c inspection and copying in the NRC Public Doccur'T Room,1717 H Street, N W , Washington, DC, in a folder under the FOlA number and requester narne.

The nonpropnetary version of the proposaHs) that you agreed to accept in a telephone conversation with a member of my staff is now being made avalable for public inopsetur and Oying at the NRC PwMc Docurrmnt Room,1717 H Street, N W., Washington, DC, in a folder under the FOIA numbe and requenter name.

Enclosed is informaten on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room, C17 H Street, N.W., Washingtart, DC.

Agsncy records mabtect to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are notea in N commer i sectum Records subpect to the request have been referred to another Federal agencyties) for review and direct response to you, in view of NRC's response to the request, no further action a being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the F08A esemptons described in and for the reasons stated in Part II, esc-tions B C, and D Any re6 eased portions of the documents for which only part of the record is being withheki are being made available for public inspection and copying c the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

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APPENDIX k

1. 4/7/83 Memo for Harold R. Denton from Ben B. Hayes, subject:

Allegations Regarding Diablo Canyon (BN 83-48) (1 page).

2. 7/6/83 Memo for Harold R. Denton frc% Ben B. Hayes, subject:

Allegations Regarding Diablo Canyor (BN 83-48) (1 page).

3. 6/1/84 Memo for Richard Vollmer, et al, from Thomas M. Novak, subject: In Camera, Transcript Meeting on 5/22/84(1page).

4. 6/1/84 Memo for Eisenhut from Hayes, re: Proposed Board Notification (1page).

5. 6/18/84 Memo for Hayes from Eisenhut, re: Proposed Board Notification (NRR Recomends Release).

GOVERNMENT ACCOUNTADIUTY PROJECT Institute for Pohcy Studies I 1901 Ove Street N.W.. Woshington. D C. 20009 (202) 23M3S2 l Septe=ber 13, 1984 Director FREEDOW OF W Office of Administration gg U.S. Nuclear ?egulatory Commission Washington, D.C. 20555 g I

~8 k 7 L/f 3 To Whom It May Concern: W 9"/7 ~8 h Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 8552, the Government Accountability Project (GAP) requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, draf ta.,

minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, files, graphs, engineering analyses, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, i books, telephone messages, computations, voice recordings, any other data compile-I tions, interim and/or final reports, status reports, and any other records relevant l to and/or generated in connection with the August 20, 1984 direa ors'. decision under l

10 C.F.R. 2.206 in response to various petitions filed pursuant to 10 C.F.R. 2.205 by the Government Accountability Project (GAP) on behalf of the San Louis Obispo, Mothers for Peace. 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 description of the action (s) taken, relevant date(s), and justification (s) for the action (s).

1 GAP requests that fees be waived, because " findings information can be considered as primarily benefitting the general public," 5 U.S.C. S552(a)(4)(A). GAP is a 1 non-profit, non-partisan public interest organization concerned with honest and open government. Through legal representation, advice, national conferences, ]

j films, publications and public outreach, the project promotes whistleblowers as J agents of government accountability. We are requesting the above information as part of an on-go'ng monitoririg 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 the specific FOIA exe=ption, please provide aa index itemizing and describing the dccuments or portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is r'elevant to the document or portion of the document withheld. This index is required under l Vaughn v. Eman(I), 484 F.2d. 820 (D.C. Cir.1973), cert. denied, 415 U.S. 977 (1974) .

We lock forward to your response to this request within ten days.

Thomas Devine y CCr tal

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Dixon Legal Director Legal Intern

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GOVERNMENT ACCOUNTABILITY PROJECT Institute for Pohey Stu6es WO+-Gee Stfeet N W . Woshington D C. 20000 (202)234 6 N.'- i. . .. , u u s ,,i., -6

.b aa September 13 , 1984 Director FREEDOM OF INFOWg Of fice of Administration ACI REQUESI U.S. Nuclear Regulatory Commission Washington, D.C. 20555 h ,,.g p To Whom It May Concern:

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Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 9552, the Government Accountability Project (GAP) requests copies of any and all agency records and info rmat ion, 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, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, capitations, voice recordings, and any other records relevant to and/or generated in connection with the interim directors' decision under 10 C.F.R. 2.206 in response to July 27,1984, July 29,1984, July 30,1984, .

and July 31, 1984 petitions filed under 10 C.F.R. 2.206 on behsif of Timothy O'Neill and James McDermott. We request that each responsive document be indenti-fied 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 description of the action (s) taken, relevant date(s), and justification (s) for the action (s).

GAP requests that fees be waived, because " findings information can be considered as primarily benefitting the general public," 5 U.S.C. 2552(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, publications 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 the 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 such exemption is relevant to the document or portion of the document withheld. This index is required under l Vaughn v. Rosen(I), 484 F.2d 820 (D.C. Cir.1973), cert. denie,d_, 415 U.S. 977 (1974) i We look forward to your response to this request within ten days.

Your truly, Thomas Devine Crystal Dixon Legal Director Legal Intern i

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MEMOR ~

• FOR: Harold R. Denton, Director Office of Nuclear Reactor Regulation FROM: Ben B. Hayes, Director Office of Investigations

SUBJECT:

ALLEGATIONS REGARDING DIABLO CANYON (BN 83-48) 1 01 was first provided copies of the subject allegations near close of business j on April 4,1953. At that time we provided concurrence in the subject Board )

Notification. In a subsequent review of the allegations, it became apparent '

that at least cne of them, the allegation pertaining to containment structure ,

tilting, would, if true, warrant the initiation of an investigation by this j office. 01 interest lies in whether PG&E/Sechtel attempted to conceal important {

safety information from the NRC; however, it is clear that'01 cannot begin its I effort unless and until determination can be'made regarding the technical accuracy of the allegations and whether PG&E/Bechtel's actions constituted a violaticn of NoC requirements. Accordingly, 01 will hold any further action in  ;

abeyance :eridir.g determination of these factors by your office. Please keep us  ;

informed of any additional information coming to your attention regarding this i matter.

cc: W. J. Dircks, E00

0. Shackleton, 01:RY J. Martin, RV

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.ME".'RACL'M FOR: Harold R. Denton, Director Office of Nuclear Reactor Regulation

" ": n 5. Hayes, Director i pD y :ffice O of Investigations c..C :: ALLEGATIONS REGARDING DIABLO C'ANYCN (5'; 23 48)

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- -.ii /, g infermed you that .0! would noid ary further action in j i:5 a ci :sr.c: c ceter.-ination by NRR of the echrical accuracy of the underlying l

d t'Iscai : s art wr. ether PG&E/Secntel's actiors cor.stitutec a violation of NRC rt : . i rere r.t s . To date, we have received no additional information frem you on

~~i su:fect. *s my April nemorandum is ncs the sutject of _a F0IA request, i- is i ::rtart to. decide whether an investicatior. is warranted. Accordingly,

<:u'd 2::re:iate y:ur views on this subje: as soon as ::ssiele. l cc: W.J.Dircks,EDO 0.C.Shackleton,01:RV '

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June 1, 1984-

.EMORANDUM FOR: Richard Vollmer, Director, DE James P. Knight, Assistant Director for j Components and Structures Engineering, DE Robert Bosnak, Chief, Mechanical Engineering Branch, DE Isa Yin, NRC Inspector, Region III ,

Bernie F. Saffell, Consultant Tom Burr, Consultant D. Keith Morton, Consultant FROM: Thomas M. Novak, Assistant Director for Licensing Division of Licensing 5"JBJECT: IN CAMERA TRANSCRIPT'0F MEETING ON MAY 22, 1984 Trie transcript of the meeting on May 22, ?n84 in San Francisco in which )

you participated will be provided to the Coi.rnissioners, the Boards and their staff as an in camers documei;t to protect confidentiality of an individal.

You are provided a controlled c00y (numbered) which should be returned to Hans Schierling if no longer neeo0d. You are reminded to not reveal the name of the individual or any other confidential infonnation from the meeting.

1 Original signed by:

Thomas M. Novak Thomas M. Novak, Assistant Director for Licensing Division of Licensing

Enclosure:

l As stated DISTRIBUTION:

Decket File 50-275/323 AD/L Reading LS#3 Reading D. Eisenhut i T. Novak H. Schierling g DL

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MEMORANDUM FOR: Darrell G. Eisenhut, Director l Division of Licensing p ,e of Muclear Reacto. isegulation FROM: Bk Sia e Office of Investigate cD s

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SUBJECT:

PROPOSED BOARD NOTIFICATION i

Between April 3 and May 3,1984 the Office of Investigations (01) and )

Region V Stcff conducted interviews of 11 witnesses who furnished testimony j concerning the Diablo Canyon Nuclear Power Plant. These individuals were '

made available by the Government Accountability Project (GAP) and were represented by GAP during the interviews. The interviews were transcribed by court recotders and documented in 23 transcripts, s A review of the transcripts has been conducted by 01 and an open Board Notification is recommended for the enclosed '10 transcripts representing testimony of the following witnesses:

Harold O. Hudson (April 7,11 and May 2,1984)

Steven Lockert (April 6, 9, and May 1,1984)

Charles Stokes (April 3, 26, 27, and 30,1984)

OI is holding 13 of the 23 transcripts containing additional information ,

provided by eight witnesses who have requested and been granted confidential-ity. These transcripts will be made available to the Board in caniera upon request.

Enclosures:

As stat?d i 1

cc w/o encicsures: .!

L. J. Chandler, ELD H. E. Schierling, LB 3 '

O. C. Shackleton, 01:RV j L. Schollenberger, RV )

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