ML20234C897

Fourteenth Partial Response to FOIA Request for Documents Re Allegations at Plant.Documents Listed in App M Already Available in Pdr.Documents Listed in Apps N & O Withheld in Entirety (Ref FOIA Exemption 7)

ML20234C897
Person / Time
Site:	Diablo Canyon
Issue date:	09/17/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Devine, Dixon GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-84-741 NUDOCS 8709210451
Download: ML20234C897 (5)

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RESPONSE TO FREEDOM OF h"^'

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INFORMATION ACT (FOIA) REQUEST g p y7 gg7

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PART I -RECORDS RELEASED Oh NOT LOCATED (See caseked bones)

No agency records subrsct to the request have been located.

No additsonal agency records subsect to he request have been located.

Agency records subsect to the request that are identfed in Appendix are already avadable for pddic inspection and copying in the NRC Public Document Room, 1717 H Street, N W., Washington, DC.

Agency records subject to the request that are identded in Appendix are being made avahtde for public inspection and copying in the NRC Public Documen Roorn,1717 H Street, N.W., Washeigton, DC. in a folder under the FOIA number and requester name The nonproprietary version of the proponds) that you agreed to eccept in a telephone conversation wrth a rnernbar of my staff is now being made avaiable for public inspecten and coying at the NRC Public Document Room 1717 H Street, N W., Washington, DC, in a folder under the SOLA number and requester name.

Enclosed is information on how you may obtain access to and the charges for copying records placed ir* de NRC Pddec Document Room,1717 H Street, N.W., Washington, DC.

Agency records subject to the request are enclosed. Any applicable charge for copes of the records provx$ed and payment procedures are noted in the comments section.

Records subject to the request have been referred to another Federal agencyfes) for review and direct remporus to you in view of NRC's response to this request, no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBUC DtSCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part it, sec-tbns 0, C, and D. Any released portiors of the documents for which only part of the record is being wTthheld are being made available for public inspection and Copying in 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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NRC FORM 464 iPan li 19 e6i

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j WEQfp j 7 }qg7 PART ll B-APPLICABLE FOIA EXEMPTIONS

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Records subject to the request that are described in the enclosed Appendices N

_ are being ethheld in their entiren or en part under FOlA Easmptions,and for the reasons set forth below pursuant to 5 U.S C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

l The ethheid information is properly classifed pursuant to Executive Oroe< 12356 (EXEMPTION 11 l

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' 2. The withhead information relates solely to the internal persormel rules and procedures of NRC. (EXEMPTION 2)

I 3 The ethhekt information le specifically enempted from public disclosure by statute indicated. (EXEMPTION 31 1

I Section 141145 of the Atomic Energy Act which prohibits the dsclosure of Restricted Data'or Formerly Restricted Data 142 U S.C. 21612165L

'd Section 147 of the Atornic Energy Act wh=ch prohstuts the declosure c#f Unclassified Safeguards information (42 U S.C. 2167).

4. The wethhekt information is a trade secret or commercial or fmancial information that is being withheld for the ressords) indicated: (EXIMPTION di The information is considered to be confidential business (propnetaryl mformation.

The information is cor.sidered to be proprietary mformation pursuant to 10 CFR 2.790(dit11.

The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.7904dl(2).

S. The withheld information consists of interagency or intraagency records that are not available through discovery dwing litigation. Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entrety, eie tects are inextricably intertened with the predecisional information. There also are no reasonatWy segregable factual portions because the redesse of the facts would permet en mdirect inquiry into tne predecisional process of the egency. IEXEMPTION 5)

(L The wethheld information is exempted from public disclosure because its declosure would result in a clearly unwarranted invasion of personal pnvecy. (EXEMPTION 6)

7. The withheld information consists of investigatory records compiled for how enforcement purposes ared is being witt$eid for the reason (s) irx6cated. (EXEMPTION 71 Disclosure would interfere with an enforcement proceeding because at could reveal the scope, direction, and focus of enforcement efforts, m1d thus could possebly allow them to take action to shield potential wrorgdomg or a violation of NRC requirements from investigators. (EXEMPTION 71M Declosure would constitute en unwarranted invasion of personal prwecy (EXEMPTION 7(C))

I The information consists of names of individuals and other information the disclosure of which would rueal identross of confidential sources. (EXEMPTION 7(01)

PART II.C-DENYING OFFICIALS Purwent to 10 CFR 9.9 and/or 9.15 of the U.S. Nuclear Regulatory Commesson regulations, it has been determined that the information withheld is exempt from production or disclosure, and shat its production or disclosure is contrary to the public interest. The persone responsib6e for the denial are those officials identsfied below as deryng o ficials and the Director, r

Oweson of Rules and Records, Office of Adminstration, for any denials that may be appealed to the Executive Director for Operations (Eool.

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL

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I gv 4 TiG M iotJS PART 11 O~ APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made ethin 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Drector for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the enveeope and in the letter that it is an " Appeal from an Initial FOIA Decision."

NRC FOftM 4s4 IPart a U.S. NUCLEAR REGULATORY COMMISSION wo FO!A RESPONSE CONTINUATION

_ __=___

i Rei F01A-84-721 (14th. Partial).

APPENDIX M RECORD ALREADY AVAILABLE IN PDR 1

Letter from Knighton.to Shiffer, PG&E, subject: Pi 1.

12/20/84 Support Concerns Expressed by Individual (4 pages)pe.

PDR # 8501030403 l

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Re: FOIA-84-721 (14th Partia )

APPENDIX N RECORDS DENIED IN ENTIRETY j.

EXEMPTION-7(D) 1.

11/15/84 Handwritten note to A11eger (3 pages) 2.

11/27/84 Handwritten. notes to alleger w/ attached Exhibits -(25-pages) 3.

11/27/84 Allegations in Transcript of 11/27/84 NRR interview of Confidential A11eger (2 pages)-

1 4.

12/6/84 Memo for George Knighton from Hans Schierling, subject:

1 Diablo Canyon - Confidential NRR Interview with A11eger l

(5pages)

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1 5.

12/17/84 Ltr to A11eger from George Knighton (1 page) l 6.

12/26/84 Note to Hans Schierling from L.J. Chandler w/ attachments '

(11pages) 7.

12/26/84 Note to Travel Auditor w/ attached Request for Official Travel (9 pages) 8.

1/9/85 Ltr to A11eger from George Knighton w/ attachment (2'pages) l 9.

1/15/85 Note to Files from H. Schierling, subject: Diablo Canyon Confidential Documents. (1 page).

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a Re:-F01A-84-741' (14th Partial)

APPENDIX 0 RECORD DENIED IN ENTIRETY' Exemption 7(D) 1.

11/26/84 Memo for File 5-84-027. thru Owen Shakleton from Ronald 1

Meeks, subject: Al'egations of Named Individual (4 pages) 1 l-i I

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I GOVERNMENT ACCOUNTABILITY PROJECT i

institute'for Pohcy Studies 1901,Que Street. N.W.. Washington. D.C. 20009 (202)234 9382 September 13, 1984 Director FREEDOM OF IN Office of Administration ACI REQ I

U.S. Nuclear Regulatory Commission Washingten, D.C.

20555 M 'M k 7 yf To Whom It May Concern:

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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 informat ion, including but not limited to notes, letters, memoranda, drafts, 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, computations, voice recordings, any.other data compila-

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tions, interim and/or final reports, status reports, and any other records relevant J

to and/or generated in connection with the August 20, 1984 directors?. decision under

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10 C.F.R. 2.206 in response to various petitions filed pursuant to 10 C.F.R. 2.206 1

by the Government Accountability Project (GAP) on behalf of the San Louis Obispo, l

Mothers for Peace. We request that each responsive document be identified by the 1

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. 6552(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, j

films, publications and public outreach, the project promotes whistleblowers as i

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 each exemption is relevant to the document or portion of the document withheld.

This index is required under Vaughn v. Rosen(I), 484 F.2d. 820 (D.C. Cir.1973), cert. denied, 415 U.S. 977 (1974).

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

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Thomas Devine Cr tal Dixon

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Legal Director Legal Intern l

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I GOVERNMENT ACCOUNTADIUTY PROJECT l

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institute for Pokey Studies WOMhsestreet N W. Washington D C 20099

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September 13, 1984 5

t c f.EDOM OFINfo g g Director Office of Administration ACT REQUF3 U.S. Nuclear Regulatory Commission h M g0gy{]

Washington, D.C.

20555 1

Gec Ad 9 e< 1 To Whom It May Concern:

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. '9552, the Government

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Accountability Project (CAP) requests copies of any and all agency records and in f ormat 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, 1

maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, "l books, telephone messages, computations, voice recordings, and any other records l

relevant to and/or generated in connection'with the interim directors' decision l

under 10 C.F.R. 2.206 in response to July 27, 1984, July ' 29,1984, July 30,.1984,

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and July 31, 1984 petitions filed under 10 C.F.R. 2.206 on behalf of Timothy 1

0'Neill and James McDermott. We request that each responsive document-be indenti-

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fied by the allegation number (s) to which it may relate.

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If any of the materials covered by this request have been destroyed and/or removed, j

please provide all surrounding documentation, including but not limited to a 1

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. 8552(a)(4)(A).

GAP is a non-profit, non-partisan public interest organization concerned with honest and j

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 I

to the document or portion of the document withheld. This index is required under Vaughn v. Rosen(I), 484 F.2d 820 (D.C. Cir.1973), cert. denied, 415 U.S. 977 (1974:

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

Your truly, Thomas Devine Crystal Dixon Legal Director Legal Intern

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GOVERNMENT ACCOUNTABILITY PROJECT Institute foi Pohcy Stud es 1901 Que Street N W Washington D.C. 20009 (202)234 9382 September 13, 1984 FREEDOM OF INFORMAT10N Of i f Administration ACT REQUEST U.S. Nuclear Regulatory Commission Fora -t y-33 l

Washington DC 20555 l

To Whom It May Concern:

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Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. $552, the Government Accountability Project (GAP) request copies of any and all agency records and

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information, including but not limited to notes, letters, memoranda, draf ts, j

minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, files, graphs, engineering analyses, charts, maps, photo-graphs, agreements, handwritten notes, studies, data sheets, notebooks, books,. tele-phone messages, computations, voice recordings, any other data compilations, interim t

and/or final reports, status reports, and any other records relevant to and/or generated in connection with the Safety Evaluation Report related to the operation of the Diablo Canyon Nuclear Power Plant, Unit 1 and 2, NUREG-0675, Supplement No. 26, which provided the NRC Staff's further findings on whistleblower charges. 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 de-3 l

scription of the action (s) taken, relevant date(s), and justification (s) for the

{

action (s).

j GAP request that fees be waived, because " findings }nformation can be considered as primarily benefitting the general public," 5 U.S.C. S552(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, pub-11 cations and public outreach, the project promateau whistleblowers as agents of l

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, l

For any documents or portions that you deny due to a specific F0IA exemption, please provide an index itemizing and describing the documents or portion of documents withheld. The index should provide a detailed justification of your grounds for claiming each exenption, explaining why each exemption is relevant to the' document or portion of the document withheld.

This index is required under Vaughn v. Rosen(I),

l 484 F.2d. 820 (D.C. Cir.1973), cert. denied, 415 U.S. 977-(1974).

)

1

- We look forward to your response to this request within ten days.

Yours truly,

.44/

0Df Y homas Devine Crystal Dixon j

Legal Director, GAP Legal Intern t"ht~ W h Q L % l D, H

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i GOVERNMENT ACCOUNTABILITY ( PROJECT I

Institute fot Pokcy Studies f

1901 Que Street NW Washington. D C 20009 202)234 9382 l

September 13, 1984 I

FREEDOM OF INFORMAlK)h ACI RE h g QUEST Director Office of Administration U.S. Nuclear Regulatory Commission y

k Q p.,,j Washington DC 20555 To Whom It May Concern:

1 Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 5552, the Government Accountability Project (GAP) request copies of any and all agency records and information, including but not limited to notes, letters, memoranda, draf ts, I

minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, I

l procedures, instructions, files, graphs, engineering analyses, charts, maps, photo-l graphs, agreements, handwritten notes, studies, data sheets, notebooks, books, tele-phone messages, computations, voice recordings. any other data compilations, interim j

and/or final reports, sta;us reports, and any other records relevant to and/or l

generated in connection with the Safety Evaluation Report related to the operation of I

the Diablo Canyon Nuclear Power Plant, Unit 1 and 2, NUREG-0675, Supplement No. 22,

)

which provided the NRC Staff's further findings on whistleblower charges. We request that each responsive document be identified by the allegation number (s) to which it i

l may relate.

If any of the materials covered by this request has been destroyed and/or removed, please provide all surrounding documentation, including but not limited to a de-l scription of the action (s) taken, relevant date(s), and justification (s) for the I

action (s).

l GAP request that fees be waived, because " findings information can be considered as primarily benefitting the general public," 5 U.S.C. 9552(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, pub-lications 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 ef forts to protect public safety and health at nuclear power plants.

For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portion of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.

This index is required under Vaughn v. Rosen(I),

484 F.2d. 820 (D.C. Cir.1973), cert. denied, 415 U.S. 977 (1974).

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

Your truly M

hkb Thomas Devine Crystal Dixon Legal Director Legal Intern D