View source for IA-86-223, Responds to Appeal of Denial of FOIA Request for Documents Re Eg&G Rept on Harassment & Intimidation at Facility. Portions of Documents 1,2 & 4 of App Encl.Document 3 Continues to Be Partially Withheld (Ref FOIA Exemption 6)

{{Adams
| number = ML20211P455
| issue date = 07/18/1986
| title = Responds to Appeal of Denial of FOIA Request for Documents Re Eg&G Rept on Harassment & Intimidation at Facility. Portions of Documents 1,2 & 4 of App Encl.Document 3 Continues to Be Partially Withheld (Ref FOIA Exemption 6)
| author name = Stello V
| author affiliation = NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
| addressee name = Garde B
| addressee affiliation = GOVERNMENT ACCOUNTABILITY PROJECT
| docket = 05000445, 05000446
| license number = 
| contact person = 
| case reference number = FOIA-86-223, FOIA-86-A-94
| document report number = NUDOCS 8607230238
| package number = ML20211P460
| document type = CORRESPONDENCE-LETTERS, NRC TO PUBLIC ENTITY/CITIZEN/ORGANIZATION/MEDIA, OUTGOING CORRESPONDENCE
| page count = 2
| project = 
| stage = Other
}}

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g[                                              UNITED STATES y           g                       NUCLEAR REGULATORY COMMISSION
  $         .j                               'VASHINGTON, D. C. 20555
     ...../
Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic                              IN RESPOSE REFER Government Accountability Project                               TO F01A-86-A-94 1555 Connecticut Avenue, NW, Suite 202                          (F01A-86-223)
Washington, DC 20036 JUL 181986

==Dear Ms. Garde:==

This is in response to your {{letter dated|date=June 9, 1986|text=letter dated June 9, 1986}}, in which you appealed Mr. Donnie H. Grimsley's {{letter dated|date=May 7, 1986|text=letter dated May 7,1986}}, which denied portions of four documents regarding the EG&G report on the Comanche Peak plant with regard to harassment and intimidation.
Acting on your appeal, I have carefully reviewed the record in this case and have determined that some additional information can be provided to you.
Therefore, your appeal is partially granted and partially denied.
I have determined that the previously withheld portions of documents one, two, and four listed on the enclosed appendix can now be made publicly available.
This information is enclosed.
The withheld portions of document three listed on the enclosed appendix will continue to be withheld pursuant to Exemption (6) of the FOIA (5 U.S.C. 552(b)(6))
and 10 CFR 9.5(a)(6) of the Commission's regulations. As stated in a     Mr. Grimsley's {{letter dated|date=May 7, 1986|text=May 7,1986 letter}}, the withheld information consists of home addresses, a home telephone number, dates of births, and a Social Security number. I am unable to identify any legitimate public interest in the disclosure of this information which outweighs the individuals' privacy interests.
This is a final agency action. As set forth in the F0IA (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, have your principal place of business, or in the District of Columbia.
Sincerely,
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                                                                           /
VfctorStello,Jr.
Executive Director for Operations

==Enclosures:==
As stated 8607230238 860718 PDR     FOIA GARDE 86-A-94           PDR

F01A-86-A-94 APPENDIX
: 1. 07/17/84 Ltr to Sims from Leach, subject: Subcontracts for Services of C. M. Rice ar.d.W. Stratton -- Assistance in Evaluation of Selected NRC Open Items Before Plant Fuel Load -- Comanche Peak (A6819) - LPL-313-84 (3 pages)
: 2. 07/31/84 Ltr to Sims from Eisenhut, subject: INEL Technical Assistance to the Division of Licensing, NRR, NRC: " Evaluation of Selected NRC Open Items Before Plan Fuel Load" (FIN A-6819, Project 2)
(6pages)
: 3. 07/31/84 Ltr to Sims from Leach, subject: Transmittal of Task Team Description and Qualifications, and Task Schedule for Comanche Peak Management Issues Team - LPL-339-84 (35 pages)
: 4. 09/11/84 Ltr to Milam from Marx, subject: Transmittal of Modifications to Forms 189 Front Pages - FINS A6819 and A6821 - Marx-307-84 (14 pages)

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DISTRIBUTION R 31 BB4-                        NRR PROJECT FILE TAPMG Reading JDonohew/MWillimas W           -
TIppolito DCrutchfield DEisenhut/FMiraglia Mr. F. L. Sims. Director                                                     JLeonard Reactor Research and Technology                                              TDiGaloma Division U.S. Department of Energy 550 2nd Street Idaho Falls Idaho 83415

==Dear Mr. Sims:==

==SUBJECT:==
INEL TECHNICAL ASSISTANCE TO THE DIVISION OF LICENSING, NRR,NRC:
                                       " EVALUATION OF SELECTED NRC OPEN ITEMS BEFORE PLANT FUEL LOAD" (FIN A-6819, Project 2)
By letter to you . dated July 27, 1984, Mr. L. P. Leach of INEL requested an approval for subcontracting the services of D. G. Bowers and H. Margulies.
This letter is to approve theuse of these individuals as subcontractors to assist the Idaho National Engineering Laboratory (INEL) in Project 2 (Comanche Peak) on FIN A-6819.
Based on the informati.on in the above letter and discussions with Mr. Carl Obenchain of INEL, we conclude that the above two individuals are technically qualified to work on Project 2 of the program, that there is no apparent conflict of interest in having them work on Project 2 of the program, and that these individuals will work witti Mr. Bruce L. Kaplan of INEL.who can defend the results of the subcontractor's work.                                                        ,
No changes to the Statement of Work for this program are authorized without prior written approval from me. If you have any questions concerning this letter, please contact Mark Williams, TAPMG, at FST 492-8461.
_                                                          Sincerely,                        ,
Original Signed By:        7    ,
UL.    .
Darrell G. Eisenhut, Director Division of Licensing cc:        See next page L j }n '                              ,
                                                      .b DL:                         CP-          AD       U            DL MW1         yms:lb TIppo ito              DCrti chfield           E     n ut' 7/+)      /84             7 4 ;i/84                            7       /84 7/g/84

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Mr. F. L. Sims, Manager                      -
2 -
JUL 31 EE4 Reactor Research and Technology Division U.S. Department of Energy                                              -
Idaho Operations Office 550 2nd Street
                   ' Idaho Falls, Idaho 83401
        .           cc: Mr. Robert W. Barber Office of Nuclear Safety - EP-34 U.S. Department of Energy Washington, DC 20545
                             'Mr. Darrell Lewis U.S. Department of Energy                   .
Idaho Operations Office 550 2nd Street Idaho Falls, Idaho 83401 Mr. P. Litteneker U.S. Department of Energy Idaho Operations Office 550 2nd Street Idaho Falls, Idaho 83401 Mr. E. W. Roberts' Idaho National Engineering Lab                     .
EG&G Post Office Box 1625 Idaho Falls, Idaho 83415 Mr. C. Obenchain
                    ~
Idaho National Engineering Lab
  . .                            EG&G Post Office Box 1625 Idaho Falls, Idaho 83415 l
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P.O. BOX 1625. IDAHO FALLS. IDAHO 83415 July 27,il984 Mr. F. L. Sims, Director Reactor Research and Technology Division Idaho Operations Office - DOE Idaho Falls, ID 83415 SUBCONTRACTS FOR SERVICES OF DR. D. G. BOWERS AND N. MARGULIES--ASSISTANCE IN EVALUATION OF SELECTED NRC OPEN ITEMS BEFORE PLANT FUEL LOAD-COMANCHE PEAK (A6819) - LPL- 332-84

==Dear Mr. Sims:==

The purpose of this letter is to request NRC approval for subcontracting the services of Dr. David G. Bowers and Dr. Newton Margulies to assist EG&G Idaho in the subject work (FIN A6819). The qualifications of both subcontractors, as well as the subonctracting information required by Part IV of the Appendix to the NRC Manual, Chapter 1102, are= provided in the attachment.          ,
Very       ' yours,
                                                    -       -y      y
                                                        ~~v            . g L. P. Leach, Manager                  .
NRC Technical Programs Division
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==Attachment:==

As Stated cc:   M. H. Williams, NRC-NRR J. O. Zane, EG&G Idaho (w/o Attachment)
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Attachment July 27.1984 LPL- 332- 84                                                                     .
Page 1 I. QUALIFICATIONS OF PROPOSED SUBCONTRACTORS A. Dr. N. Margulies (Synergic Resources)
Newton Margulies, Ph.D.~is currently Dean and Professor of Management in the Graduate School of Management, University of California, Irvine. He received a B.S. in Engineering from Brooklyn Polytechnic Institute, a M.S. in Industrial Management from M.I.T., and a Ph.D. in Behavioral Science from U.C.L.A. He has been on the faculty of the Division
                              ~
of Organizational Sciences, Case Institute of Technology, and in the Department of Management, University of Miami.
Dr. Margulies has had an opportunity to consult in the area of organizational development and team building with a variety of organizations including TRW Systems Group, Department of Water Resources--State of California, Northrop Corp., and the National Emergency Medical System. He has written and lectured extensively in the field of organization and is co-author of Organizational Development: Values, Process, and Technology (19/z), organizational change: Techniques and Applications (1973, conceptual Foundations of Organizational Development (1978), Orsanizational Development for Health care organizations (1962), and Leadership and Organization (to be published in 1984).
B. Dr. David G. Bowers (Rensis-Lickert)
Dr. Bowers is currently Program Director, Organization Development Research Program, Institute for Social Research, University of Michigan. He has been Program Director for over ten years. He
          -                             holds a PhD. in Organizational Psychology from the University of Michigan.
Dr. Bowers has extensive experience in the conduct of survey work nationwide. This has included surveys for various Branches of the military, for auto companies, financial institutions.
                                       . local, state, and national government agencies and organizations
                                  -     in the manufacturing industries. His survey data base includes results from over 60,000 respondents from 250 different organizations.
     .                                  Dr. Bower is the developer of a questionnaire survey method used' extensively in survey-guided development programs. The method is used to measure employee attitudes and organizational climate.
He teaches organization psychology at the University of Michigan l                                       and was chosen for this task team because of his extensive l                                      experience with surveys.and the measurement of organization climate.
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II. SUBCONTRACTING INFORMATION REQUIRED BY NRC MANUAL CHAPTER 1102 A. Synergic Resources                                                   ,
4
: 1. Description of Services Required from the Subcontractor          )
Assist EG&G Idaho in the development of an NRC staff position and in preparation of draft testimony relative to allegations of mismanagement at the Comanche Peak nuclear plant near Glen Rose, Texas. Services will include review and evaluation of the allegations and related depositions and reports, and providing assistance in preparing the staff position and draft testimony (Report to the NRC).
One trip to the Comanche Peak plant will be required for orientation purposes. Two trips to Idaho Falls are antici-pated in conjunction with preparing the preliminary and final reports to the NRC.
Provision is also made for a potential trip to Fort Worth, Texas the week of August 27, if required, to offer testimony at the ASLB (Atomic Safety & Licensing Board) hearings.
This portion of the work scope will be completed by the sub-contractor only upon offici.al request (by letter) from EG&G Idaho.
Draft testimony (report) must be submitted to the NRC no later than August 20, 1984. The subcontractor will work directly with Mr. Bruce Kaplan of EG&G Idaho, Inc. in ensuring this schedule milestone is satisfied.
: 2. Identification of the Proposed Subcontractor                   ,
Dr. Newton Margulies                            ,
l    -
Synergic Resources
    -                        1734 Plaza Del Norte Newport Beach, CA 92661 (714)-675-4448
: 3. Pro' posed Subcontract Costs Labor Il9daysx$1000/ day)                   ) I19,000 Travel (2 trips each to Idaho Falls & Texas))        5,000 24,000
: 4. Conflict of Interest There is no apparent conflict of interest in Synergic Resources' subcontracting for this work. Dr. Margulies has had no prior association with the Texas Utilities Generating Company.

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                          .II.       SUBCONTRACTING INFORMATION REQUIRED BY NRC MANUAL CHAPTER 1102 (Cont'd)
B.      Rensis-Lickert Associates
: 1. Description of Services Required from the Subcontract Provide an analysis of the climate survey conducted by the Texas Utilities Generating Company. Conduct a statistical analysis of the' questions and review coments, as required, identify any patterns in the responses, and provide an assessment of the climate. Identify to what extent there was a climate of employee intimidation, to what extent this climate was created by management, and to what degree the data indicate a potential impact on safety and quality at the nuclear plant. Also provide an assessment of the validity and reliability of the survey instrument.
One trip to Fort Worth, Texas to participate in ASLB (Atomic Safety and Licensing Board) hearings may or may not be required. The need, or lack thereof, will be identified by mid-August.
: 2. Identification of the Proposed Subcontractor Dr. David G. Bowers Rensis-Lickert Associates                                      ,
426 Thompson Ann Arbor, MI 48109
: 3. Proposed Subcontract Costs                                 _
Labor (10 days)                                     $5,000       _
l                                               Travel (One trip to Texas)                           1,500 L                                                           ,
_                                                                                          $6,500
    ' ~
: 4. Conflict of Interest There is no apparent conflict of interest in Dr. Bowers' subcontracting for this work. Dr. Bowers has had no prior association with the Texas Utilities Generating Company.
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P.O. BOX 1625,loAHO FALLS. loAHO 83415 July 17,1984 Mr. F. L. Sims, Director Reactor Research and Technology Division Idaho' Operations Office - DOE Idaho Falls, ID 83415 50BCONTRACTS FOR SERVICES OF C. M. RICE AND W. STRATTON--ASSISTANCE IN EVALUATION OF SELECTED HRC OPEN ITEMS BEFORE PLANT FUEL LOAD-COMANCHE PEAK (A6819) - L.0L-313-S4' cear Mr. Sims, Tne purpose of this letter is to request NRC approval for suocontracting the services of Mr. Charles M. Rice and Dr. William Stracton to assist EG&G Idaho in the subject work (FIN A6819). The qualifications of both subcontractors, as well as the subcontracting information required by Part IV of the Appendix to the NRC Manual, Chapter 1102, are provideo in the attacnment.
Very tr;1y yours,
     ~
               ~
f   Gd L. F. Leach, Manager NRC Technical Programs Si/ision CFO:jmm

==Attachment:==

As Stated cc:     M. H. Williams, NRC-NRR J. O. Zane, EG&G Idaho (w/o Attachment)
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ATTACHMENT:
I. Qualifications of Proposed Subcontractors
: a. Charles M. Rice Mr. Rice is a nuclear enginee'r with thirty-two years of nuclear experience who has acted as a consultant to nuclear utilities, state and federal agencies, industrial firms, NSSS suppliers and federal contractors in areas of reactor safety, nuclear regulation, radioactive waste management, energy alternatives, corporate management and program management.
Mr. Rice founded Energy Incorporated in 1972 and served as Chairman, President and Chief Executive Officer of that company for a number of years. Prior to that time he served as President and Chief Executive Officer of both Idaho Nuclear Corporation and Aerojet Nuclear Company with responsibility for management of the National Reactor Testing Station (now the Idaho National Engineering Laboratory). Both the LOFT (Loss-of-Fluid Test) and P8F (Power Burst Facility) experimental facilities were constructed at the INEL during his above tenures as President and Chief Executive Officer.
Before his Idaho assignments, Mr. ' Rice served as reactor, physicist in the Oak Ridge Operations Office of the Atomic Energy Commission, .as Head of the Atomic Power Engineering Group of Sargent and Lundy, as Manager of the Army Gas-Cooled Reactor Systems Program and Program Manager of the AEC/ NASA Nuclear Rocket Program, NERVA.
For the last eight years, Mr. Rice has been providing specific advice to a number of utilities regarding methods and means to improve nuclear plant safety and efficiency of performance.
                       .           Recently, he has also provided management advice on fossil plants 4   . .                             in the area of plant improvements in availability, reliability
,                                  and operating efficiency. Mr. Rice is currently President of LRS j
Consultants.                                                 ,
: b. Dr. William Stratton Dr. Stratton is currently Associate Professor (Organizational
!                                  Behavior) in the School of Management at Idaho State University.
I                                  He served as acting Dean of the School during the past school year. Dr. Stratton holds a BS degree in mechanical engineering and an MS in Industrial Administration, both from the Carnegie-Mellon Institute, and a Ph.D in Organizational Behavior from Case Western Reserve University. He has provided consulting services to both the public and gover'nment sectors in management  -
and organizational development. Since 1977, he has acted as a consultant to EG&G Idaho, Inc., in management and organizational.
development.
Dr. Stratton is a member of the Academy of Management and is the author of numerous publications.
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                      . II'        Subcontracting Information Required by NRC Manual Chapter 1102
: a.       Charles M. Rice
: 1. Description of Services to be Called for by the Subcontract Services will consist of a trip to the Comanche Peak plant site for orientation with the NRC and gathering of information for scoping subsequent work related to allegations of mismanagement at the nuclear plant. Mr. Rice will submit a letter report to EG&G Idaho documenting his findings and recommended work scope. Follow-on services of Mr. Rice may be requested, but are not planned for at this time.
: 2. Identification of the Proposed Subcontractor Charles M. Rice, President, LRS Associates.
: 3. Proposed Subcontract Costs The proposed subcontract costs are estimated to be as follows:
Labor f 7 days x $1100/ day)          57,700 Travel (1 trip x 3 days / trip)         1,500 Total     59.200
: 4. Conflict of Interest There is no apparent conflict of interest 'in Mr. Rice's subcontracting for this work. Although Mr. Rice has acted                    ~
as a consultant to various nuclear utilities, he has had no association with the Texas Utilities Generating Company.
I        ~
: a.       Dr. William Stratton
: 1. Description of Services to be Called for by the Subcontract Assi'st the NRC in development of a staff position and preparation of draft testimony relative to allegations of mismanagement at the Comanche Peak nuclear power plant.
Initial effort will include a trip to the plant site for orientation with the NRC and gathering of information for scoping the subsequent effort. Subsequent services will include review and evaluation of the allegations and related depositions and reports, plus providing assistance in preparing the staff position and draft testimony.
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          ;,   2. Identification of the Proposed Subcontractor
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i Or. William Stratton, Associate Professor (Organizational Behavior) - Idaho State University.
Proposed Subcontract Costs 3.
The proposed subcontract costs are estimated to be as                                                               !
follows:                                                                                                            l r                                         w Labor (17 days x $400/ day)           56,000 Trave       trips x 3 days / trip)        3,000s Total         59.800
: 4. Conflict of Interest There is no apparent conflict of interest in Dr. Stratton's subcontracting for this work. Dr. Stratton has had no prior association with the Texas Utilities Generating Company.
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C. F. ObenchainN E. L. Pierson J. u. sahr765lnV O. E. Willfams Central Files September 11, 1984 w/o Attachment pl. H. riaxfield H. 6.11oolley, II Mr. S. B. Milam Assistant Manager for Administration Idaho Operations Office - 00E Idaho Falls, ID 83401 TRANSMITTAL A6821         - Marx-307-84                               OF MODIFICATIONS TO FORMS 189 FRONT PAGES - FINS A6819 AND Ref:        G. E. Marx Ltr to S. B. Milam, Marx-462-84 Transmittal of Revised NRC Forms 189 for Evaluation of Selee:ted NRC Open Items Before Plant Fuel Load (A6819) and Evaluations of Selected Open NRC Activities at NT0L Sites Needing Action Before Plant Fuel Load (A6821), August 16, 1984

==Dear Mr. Milam:==

The front pages for the two subject Forms 189 have been revised and are transmitted herewith.. Pursuant to discussions with both the NRC and N         '      DOE-ID', the attachments increase the total funding request for FIN A6819 from its present $632X (Reference) to $732X and for FIN A6821, from
                         $255K (Reference) to $365K. The increased funding is requested for the following reasons:
(&) FIN A6819: Funding requirements for a potential fifth                                                               _
review cycle, not previously planned, at the Comanche
_                                   Peak Site, plus increased subcontractor costs.                                        *
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(b)       FINAE82i:                                  Funding requirement for an additional re-view cycle at the Waterford Plant. Only four review cyclas at Comanche Peak are envisioned forihis FIN.
I The increase in subcontractor costs under FIN A6819 is due to the need to reviewfor.
planned            depositions and prefile testimony beyond that originally levels are itemized b:elow:For ypur information, the subcontract total funding (a) LRS Consultants                                                 66.4K (b) W. E. Stratten                                        -[$21.3r, (c) N. Margulies                                          -
                                                                                                $ 37.0K                                                         '4 (d) D. G. Bowers.                                         -
                                                                                                $ 6.5K                                               ,
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    .              Mr. S. B. Milam September 11, 1984 Marx-307-84 Page 2 This compares to the earlier established subcontractor funding level of $92K.                                                             i o
These Form 189 modifications have been coordinated with P. E. Litteneker of the DOE-ID and J. N. Donohew of the NRC.
trul Very % y yours, Sloaed ay
                                                                  & E. AWtX G. E. Marx, Manager Planning and Budgets Division CFO:mle Attachments:
As Stated cc:    F. L. Sims, DOE-ID J. O. Zane, EG&G Idaho (w/o Atts.)
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