ML20087C785

Appeals Denial of FOIA Request for Documents Re Diesel Generator Phase of Discovery on Licensing Amend Proceeding

ML20087C785
Person / Time
Site:	Vogtle
Issue date:	02/17/1995
From:	Wilmoth M NATIONAL WHISTLEBLOWER CENTER
To:	Reed C NRC OFFICE OF ADMINISTRATION (ADM)
References
FOIA-95-24, FOIA-95-A-7 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9508100025
Download: ML20087C785 (3)

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-- NAMONAL WHIST 1.EBLOWER CENTER -

1 517 Florida Avenue, NW Washington, DC 20001-I850 (202)667-7515 Fai(202)462 4145 February 17, 1995 Facsimile'anr4 First Class Mail 4 i

. Carol Ann Reed gg g

Division of Freedom of Information and Publications Services 95-A- 7 M ~M i

Office of Administration k,A

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U.S. Nuclear Regulatory Commission 1

Washington, D.C.'20555

Dear Ms. Reed:

On behalf of the National ~ Whistleblower Center,. I' hereby~

appeal withholding of documents requested in the' Freed Information Act Request No. 95-24, filed with your agency,.om' of January 17 1995.

dated' the possess, ion of'the Nuclear Regulatory Agency taken in t i

generater phaec of discovery regarding : the licensing amendment i

a proceeding entitled:

Georcia Power Comeanv, et al.,

(Vogtle Electric Generating Plant, Units 1 and 2) Dockets Nos. 50-424-OLA-3

-]

si 50-425-OLA-3, ASLBP No.

documents 1-15 of the request which I have attached This _ appeal covers only i

paragraph 1, i

for reference.

i The documents requested in-the-requesii have been relied upon i

by 1

the~~NRC~ ~ ~to formulate policy 'and render a. determination concerning a Notice of Violation issued by'the NRC against Georgia _

Power Co.

The release of these documents is absolutely critical for a public understanding of that decision rendered.by the NRC.

There is absolutely no justification under law for withholding these' documents.

This is to inform you that, on the twentieth day from today, we will be filing a law suit-in order to obtain' access to these j

materials.

If it is necessary for us to file suit-we will seek a preliminary injunction-in order to expedite the proceeding,

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1 attorney fees and costs and sanctions against allL NRC personnel responsible for withholding these materials from the public.

Please produce the requested documents'within twenty days or we.will seek judicial enforcement of the Freedom of Information Act.

-l Yours truly,

-j 9508100025 950217 j

PDR FOIA ary e Wilmoth WILMOTH95-A-7 PDR a

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NarroNAL WHISTLEBLOWER CENTER 517 Florida Avenue, NW Washington, DC 20001-1850 (202) 667-7515 Fax (202) 462-4145 i

January 17, 1995 Chief, FOIA/LPDR Branch Div,ision of Freedom of Information and Publications Services Office of Administration i

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

20555 Re:

FOIA Recue9*

Dear Chief:

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

$ 552, et sea., the National Whistleblower Center ("NWC") hereby i

directly or indirectly to the following: requests a copy of any and all rec 1.

All depositions in the possession of the NRC taken in the diesel generator phase of discovery regarding the. licensing amendment proceeding entitled:

In the Matter of Georgia Power Company, et.al. (Vogtle Electric Generating Plant, Units 1 and 2)

Dockets Nos. 50-424-0LA-3 & 50-425-OLA-3, ASLBP No. 93-671-01-OLA-3, including but list.

not limited to those contained in the following 1.

John G. Aufdenkampe, Jr.

'l taken June 14, 1994

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2.

Paul Kochery taken July 6, 1994 3.

Thomas Webb

- taken July 7, 1994 4.

Kenneth Holmes.

- taken. July 7, 1994 5.

Kenneth Stokes

- taken July 5, 1994 6.

Georgie R. Frederick

- taken June 17, 1994 7

Jimmy P.

Cash

- taken July 29, 1994 8.

Michael Horton

- taken June 15, 1994 9.

Harry Majors 10.

R. Patrick Mcdonald

- taken May'25, 1994 11.

George Bockhold

- taken July 25, 1994 r

12.

Mike Duncan

- taken July 21, 1994 13.

Charles Coursey

- taken July 20, 1994 taken July 20, 1994 14.

Kenneth Burr

- taken May 24, 1994 15.

Ester Dixon

- taken July 20, 1994 j

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y FOIA Request January 17, 1995

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2. Hearing transcripts for, dates January 4

• I 1995 for the licensing amendment proceeding entitled:through January 13, j Matter, of ' Georgia

.~In the Power - Company, et.al.-. (Vogtle Electric l

[

Generating Plant, Units 1 and 2) Dockets Nos. 50-424-OLA-3 &:

50-425-OLA-3,.ASLBP No. 93-671-01-OLA-3.

These~ documents are-requested'in the form of computer-discs,-in the Wordperfect 5.1 format.

i segregable portions.in the event they contain exemp any document's or portions that m

exemption, please provide an indexyou deny due to a. specific lFOIA" j

documents or portions of documents withheld. itemizing and describing the requested will contribute significantly to the public's un ingL of the operations or activities of the government.and/or:is-primarily in the public -interest and is not in the commercial interest of the requester.

tax-exempt, non-profit organization.The National Whistleblower Center.is a The purpose of;the NWC is to and/or government corruption to the attention' of the p FOIA-91-114.

'In addition, Agg,'

~i the NWC was granted by the NRC on January 25,a-similar request-forLa fee w a. FOIA request for information about 1993 in response tot against Houston Lighting & Power Co.

whistleblower allegations Sag, FOIA-93-44 The. specific allegations of NRC OI Case No. 2-90-020R and !

other whistleblowing allegations concerning the. Georgia Power j

received widespread' attention in the national and Geo There is great public intereet in the NRC's investigation of OI l

Case No. 2-90-020R and the diesel generator issues.

The _ U. S.

Senate Subcommittee on Nuclear Regulation held - public i

regarding allegations related to the substance of OI. Case No. 2-90-hearings 020R which included the diesel generator issues'.

to disseminate to the public the information received from the NRC The NWC intends pursuant to this request.

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P.05 FOIA Request January 17, 1995 I

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We look forward to hearing from you within ten days as the law stipulates.

Thank you in advance for your (10) Working assistance.

Sincerely, Mary Ja e Wilmoth for the National Whistleblower Center i

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NAnONAL WHISR.EHLOWER CENTER 517 Florida Avenue,NW-l Washington, DC 20001-1850 (202) 667-7515 Fax (202) 462-4145 t

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. MASE CONTACT US IF YOU HAVE NOT PROPERLY RECEIVED THIS FA PLEASE DELIVER THE POLIOWING MATERIAL AS SOON AS POSSIBM 1

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NATIONAL WillSTLEBLOWER CENTER 517 Florida Avenue. NW I

Washington. DC 20001-1850 (202) 667-7515. Fax (202) 462-4145 January-17, 1995 FREEDOM 0F INFORMATION ACT REQUEST fo I A - 9[- c2 S Chief, FOIA/LPDR Branch g.[ f., q._g g Division of Freedom of Information and Publications Services Office of Administration U.S.

Nuclear Regulatory Commission Washington, D.C.

20555 Re:

FOIA Recuest

Dear Chief:

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

S 552, et sea., the National Whist.leblower Center ("NWC") hereby requests a copy of any and all records and information pertaining directly or indirectly to the following:

All depositions in the possession of the NRC taken in the diesel generator phase of discovery regarding the licensing amendment proceeding entitled:

In the Matter of Georgia Power Company, et.al. (Vogtle Electric Generating Plant, Units-1 and 2)

Dockets Nos. 50-424-OLA-3 & 50-425-OLA-3, ASLBP No. 93-671-01-OLA-3, including but not limited to those contained in the following list.

1.

John G.

Aufdenkampe, Jr. - taken. June 14, 1994 2.

Paul Kochery

- taken July 6, 1994 3.

Thomas Webb

- taken July 7, 1994 4.

Kenneth Holmes

- taken July 7, 1994 5.

Kenneth Stokes

- taken July 5, 1994 6.

Georgie R.

Frederick

- taken June 17, 1994 7.

Jimmy P.

Cash

- taken July 29, 1994 8.

Michael Horton

- taken June 15, 1994 9.

Harry Majors

- taken May 25, 1994 10.

R.

Patrick Mcdonald

- taken July 25, 1994 4

11.

George Bockhold

- taken July 21, 1994 12.

Mike Duncan

- taken July 20, 1994 13.

Charles Coursey

- taken July 20, 1994 14.

Kenneth Burr

- taken May 24, 1994 15.

Ester Dixon

- taken July 20, 1994 0 f 3.) & -t N 2

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'FOIA Requesti January 17, 1995

'Page 2

2. Hearing transcripts for dates January 4 through January 13,.

L 1995 for the licensing amendment proceeding entitled:

In the Matter of Georgia Power Company, et.al.

(Vogtle Electric Generating Plant, Units 1 and 2) Dockets Nos. 50-424-OLA-3'&:

50-425-OLA-3, ASLBP No. 93-671-01-OLA-3.

These documents are requested in the form of computer discs, in the Wordperfect 5.1 format.

As you are aware, the FOIA requires you to release documents-in segregable portions in the event they contain exempt ' material.. For any documents or portions that you deny due to a specificJFOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld.

We also ask that all fees be waived because the information requested will contribute significantly to the public's understand-ing of the operations or ~ activities-of the government and/or is primarily in the public interest and is not in ' the ' commercial interest of the requester.

The National.Whistleblower Center is a tax-exempt, non-profit organization.

The purpose of the NWC is'to assist whistleblowers to bring allegations of corporate wrongdoing and/or government corruption to the attention of the public.

Sag, FOIA-91-114.

In addition, a similar request-for a fee waiver by the NWC was granted by the NRC on January 25, 1993 in response to-a FOIA request for information about whistleblower allegations against Houston Lighting & Power Co.

329., FOIA-93-44.

The specific allegations of NRC OI Case No. 2-90-020R and other whistleblowing allegations concerning the Georgia' Power Company and its operation of the Plant Vogtle nuclear plant have received widespread attention in tne national and Georgia media.

There is great public interest in the NRC's investigation of OI' Case No. 2-90-020R and the diesel generator issues.

The U.S.

Senate Subcommittee on Nuclear Regulation held ~ public hearings regarding allegations related to the substance of OI Case No. 2 020R which included the diesel generator. issues.

,The NWC intends l

to disseminate to the public the information received from the NRC pursuant to this request.

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FOIA Request

1. i January 17, 1995 Page 3 We look forward to hearing from you within ten (10) working-days as - the law stipulates.

Thank you in advance for. your assistance.

Sincerely, lh h / /Vrtl&

a ane Wilmoth l

for the National Whistleblower Center k

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}opV $,-

5 disketts for copying.

2/13/95 Left message for Whetstine that'after copying' diskettes I noticed there were no diskettes for 1/9 & 1/10 although there'are transcripts for those days.

Left message that I wanted to say that diskettes did not exist for those days if that was the case.

Asked him to let me know.

2/14/95 TC from Whetstine - He found the 1/10 diskette but could not locate a diskette for 1/9.

He is not sure a 1/9 diskette even exists.

2/15/95 Left message for Linda N-S to call.

2/16/95 TC to Wilmoth - Explained that we do not waive fees for records already in the PDR.

She agreed to pay $10.00 for diskettes.

I also explained about going to reporting services on depositions and gave her cite in FOI Update.

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