ML20246K206

FOIA Request for Records Re Revocation of Confidentiality on 890123 by V Stello & Requests for Info by Third Parties Which Concerns SM Hasan or Jj Macktal &/Or Respective Allegations About Facility

ML20246K206
Person / Time
Site:	Comanche Peak
Issue date:	01/25/1989
From:	Colapinto D, Kohn M KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	NRC
References
FOIA-89-47 NUDOCS 8909050403
Download: ML20246K206 (2)

Text

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K0tfN;KhHN & COLAPINTO, P.c.

JATTU'tNEYS AT LAW 526 U STREET, NW

• WASHINGTON, DC 20001 202 234* 4663 MrHAEL D. KOHN * -

OF COUNSEL-STT. PHEN M. KOHN *

• DANIEL 1. OSHTRY DAVID K. COLAPIMO *

• ANNETTE R. KRONSTADT January 25, 1989

• ADMrrTID N PA f REED 3?A Of 1970..v'.im r

^ " " * "

Arwertraw oc I.CT T&?WT hp [py/

y Director FOI and Privacy Branch U.S. Nuclear Regulatory Co nission

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,a Washington, D.C.

20555 Re:

FOIA Request

Dear Director:

We represent Messrs. Syed M. A. Hasan and Joseph J.

Macktal who are former "whistleblowers" at the Comanche Peak Steam Electric Station ("CPSES").

We hereby make this request on their behalf pursuant to the Freedom of Information Act

("f01A"), 5 U.S.C.

sec. 552, and the Privacy Act of 1974

("PA"), 5 U.S.C.

sec. 552 a, for copies of any and all NRC records and information pertaining to:

(1)

The revocation of " confidentiality" on January 23, 1989 by Mr. Victor Stello, NRC Executive Director for Operations.

iee, Attachment.

(2)

Any and af.1 requests for information by third parties (including NRO or other U.S. government agency personnel), formal or informal, which touches or concerns Syed M.

A.

Hasan or Joseph J. Macktal and/or their respective allegations about CPSES.

This includes, but is not limited to, all correspondence, press releases, internal mercranda, notes, letters, drafts, tapes, video tapes, minutes, logs, calendars, transcripts cf tapes, summaries, interview reports, procedures, instructions, telephone messages, photographs, engineering or technical analyses, drawings, fil<es, graphs, charts, agreements, handwritten notes, studies, data sheets, notebooks, books, interim and/or final reports, status reports related to number (1) above.

For number (2) above, documentation of requests by third parties pursuant to TOIA (or through other means), any NRC responses and/or appeals of denials thereto, is satisfactory.

The enclosed Attachment should be sufficient as identifying information and to demonstrate ourIt is our representation of Messrs. Hasan and Macktal.

understanding that our clients have previously provided the NRC with the necessary documentation to enable us to make 8909050403 890125 "

PDR FDIA COLAP ] NT89-47 PDR I

1

J[

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a.

• FOIA - PA Request January 2[, 1989 Page Two requests for information on their behalf.

Please. advise us at once if this is not the case.

Messrs. Hasan and Macktal also requast that fees be waived.- The information requested will be'used to further the.public policy of granting and protecting confidentiality for whistleblowers and other witnesses who testify about serious health and safety violations and/or other matters of public concern.

Moreover, the information is'in the "public Interest".and is:"likely to contribute significantly to public understanding of the operations of the..." NRC and the issue of whistleblower. confidentiality.

Our clients request-this information for use to protect the confidentiality of whistleblowers -- a matter of important public policy -- and not for personal or commercial use. 'If the NRC releases information which our clients only provided in the public interest, and but for the promise of confidentiality, then they will cach be subject to-unecessary haraassment and intimidation.

Each centinues to work in.the nuclear power industry-and the release of previously protected " confidential" information

-to our clients' former or present employers, who are the likely requesters, could seriously damage their personal and professional lives.

Moreover, the revocation of confidentiality for these whistleblowers wi31, most likely, deter other employees, witnessses and informants frcm -

contacting the NRC with valid safety allegations about NRC licensees.

We look forward to hearing'from you within ten (13) days as.the law stipulates.

Please inform us of our appeal rights in the event any portion of this request is denied.

Thank you.

y Truly Yours, hVnf f @into David K.

Colap Aw-- /

Michael D. Kohn Kohn, Kohn & Colapinto, P.C.

Counsel for Messrs. Hasan and Macktal l

Encl.

14/C1

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