ML20134H627

Fifth Partial Response to FOIA Request for Documents.Records in App I Encl & Available in Pdr.App J Records Withheld in Part (Ref FOIA Exemption 5) & App K Records Completely Withheld (Ref FOIA Exemption 5)

ML20134H627
Person / Time
Site:	Monticello, Dresden, Browns Ferry, Indian Point, Saint Lucie, Grand Gulf, Byron, Summer, Brunswick, Diablo Canyon, Callaway, South Texas, FitzPatrick, LaSalle
Issue date:	02/10/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Binder N AFFILIATION NOT ASSIGNED
Shared Package
ML20134B508	List: ML20134B506 ML20134H627 ML20134H670 ML20134H786 ML20134H790 ML20134H795 ML20134H802 ML20134H805 ML20134H814 ML20134H829 ML20134H834 ML20134J163 ML20134J169 ML20134J215 ML20134J221 ML20134J239 ML20134J286
References
FOIA-96-485 NUDOCS 9702110389
Download: ML20134H627 (6)

Text

us. Ucs%6LwaW WUMJUEA I URV L,UfAMIMlUiM NRC FOIA REQUEST NUMBER (S)

C, FOIA 485

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RESPONSE TO FREEDOM OF l FINAL IX l PARTIAL (5th)

RESPONSE TYPE

...../

INFORMATION ACT (FOIA) REQUEST o^1E P B 1 0 1997 DOCKET NUMBER (St (/f app / cable /

i10VESTE R Neil S. Binder PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boAes/

j No agency records subject to the request have been located.

i No additional agency records subject to the request have been located.

Requested records are available through another public distribution program. See Comments section, Agency records subject to the request that are identified in Appendix {es) are already available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix (es)

I are being made available for public inspection and copying y

ct the NRC Public Document Room,21201. Street, N.W., Washington, DC, in a folder under this FOI A number, The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available i

for public inspection and copying at the N RC Public Document Room,2120 L Street, N.W., Washing *on, DC, in a folder under this FOIA number, Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document Rcom identified in the Comments section.

Enclosed is information on how you may obtam access to and the charges for copymg records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

X Agency records subject to the request are enclosed.

• Records subject to the request have been referred to another Federal agencybes) for review and direct response to you.

Fees You will be billed by the NRC for fees totaling $

You will receive a refund from the NRC m the amount of $

In view of N RC's response to this request, no further action is being taken on appeal letter dated

, No.

PART ll. A-INFORMATION 'WTHHELD FROM PUBLIC DISCLOSURE Ctrtain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated j

in Part it, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public j

X inspection and copying in the NRC Public Document Room 2:20 L Street. N.W., Washington, DC in a folder under this FOIA number.

COMME NTS

• Copies of the records identified on Appendix I and the releasable portions of the record identified on Appendix J are enclosed.

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. BINDER 96 _485 PDR NRC FEM 464 (Part il (1-91) y 7 g), Md g p

1 eoin muusextsi para 1,

RESPONSE TO FREEDOM OF l

lNFORMATION ACT (FOlA) REQUEST FOIA 96-485 p g 3 0 1997 (CONTINUATION) l PART 11.8-APPUCABLE EXEMPTIONS U'K are being withheld in their entirety or in part under the Records subject to the request that are described in the enclosed Appendix (es)

Exems, tion No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.

i

1. The withheld mformaten is properly classified persuant to Executive Order. (Exemption 1)

2. The withheld mformation relates solety to the intemal personnel rules and procedures of NRC. (Exemption 2) l l3. The withheld mformaten is specifically exempted from public disclosure by statute mdecated. (Exemption 3) j 4

Sections 141145 of the Atomic Energy Act, which prohibits the discloture of Restricted Data or Formerly Restricted Data (42 U.S.C. 21612165).

Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).

4. The withheld enformation es a trade secret or commercial or fmancial mformation that is bemg withheld for the reason (s) indicated. (Exemption 4) 4 The mforerstion is considered to be confidential busmess (propnetary) mformation The mformation is considered to be proonetary mformation pursuant to 10 CFR 2 790ldpl16 The mformation was submitted and received m confidence pursuant to 10 CFR 2 790(d)(2)

5. The withheld mformation consists of mteragency or mtraagency records that are not available through discovery dunng litigaten (Exemption 6). Applicable Privilege:

lDehberative Process Disclosure of predecisional mformation would tend to mhibit the open and frank exchange of ideas essential to the dehberative process X lWhere records are withheld m their entirety. the facts are mentncably entertwined with the predecisionalinformation There also are no reasonably seare portions because the release of the f acts would permet en indirect enouiry into the predecisional process of the agency

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Attomey work product pnvilege IDocuments prepared by an attornev m contemplation of htigation i Attorney client privilege. (Confidential communications between an attorney and his/her client.)

6. The withheld mformation es enempted from public disclosure because its disclosure would result in a clearly unmarranted mvasion of personal pnvacy (Exemption 6)

7. The withheld mformation consists of records compiled for law enforcement purposes and es bemg withheld for the reasontsi mdicated (Exemption 7)

Disclosure could reasonably be expected to mtcrfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violaten of N RC requirements i

from investigators. (Exemption 7 (A))

j Disclosure would constitute an unwarranted invasen of personal privacy. (Exemption 7(C))

The mformation consmis of names of indmduals and other m'ormation the disclobute c,f which could reasonat ly be emDetted to reveal identities of v

E confidential sources. (Exemption 7 (D))

lIOTHER l

PART 11. C-DENYING OFFICIALS i

Pursuant to 10 CFR 9 25tb) ed or 9 25(ci of the U S. Nuciear Regu<atory Comm.ssion regulations, it has been determined that the information withheld is exempt from pro-duction or disclosure, and that n. producten or dmclosure is contrary to the public interest. The persons responsible for the denial are those officiais identif 4ed below as denyin0 o*f cials and the Director, D,ves on of Freedom of Ir* format on and Pubhcatens Services. Of fice of Admin.stration. for any den als that may be appealed to the E necutive Director for Operations (EDO) l DENYlNG OFFICIAL l

TIT LE / OFFICE RECORDS DENIED APPELLATE OFFICIAL Director Office of Nuclear IFrankJ.Miraglia s

Reactor Regulatinn App J. K X

l l

I I

l PART 11. D-APPEAL RIGHTS The d2nist by each denying official identified m Part 11 O may be appealed to the Appellate Official identified there. Any such appeal must be made in wnting within 30 days of receipt of this response. Appeals must be addressed, as appe, anate, to the Executive Director for Operatens to the Secretary of the Commission, or to the inspector General, U S. Nuclear Argulatory Commission. Washmgto% DC 206, and should clearly state on the envelope and in the letter that it is an "Appeat from an initial FOI A Decision.

NRC FORM 464 (Part 2) (191)

U S. NUCLEAR REGULATORY COMMISSION

Q Re:

FOIA-96-485 APPENDIX I RECORDS BEING RELEASED IN THEIR ENTIRETY t

NO.

DATE DESCRIPTION /(PAGE COUNT) 1.

Various Investigation Status Records,

Subject:

4 dates Alleged Discrimination of I&C Technician for Reporting Safety Concerns - 3 pp 2.

Undated E-mail, from James Dockery to LJW2,

Subject:

DOL Case Reply - 1 p 3.

03/03/95 Exhibit 1 to ROI 2-95-008, Investigati on Status Record - 1 p 4.

03/09/95 Memorandum to Bruno Uryc from William J.

McNulty,

Subject:

Notification of Initiation of Investigation: St. Lucie Nuclear Plant:

Alleged Discrimination of I&C Technician for Reporting Safety Concerns (Case No. 2 008/RII-95-A-0026) -1p 5.

03/13/95 E-mail from JJD to LMS,

Subject:

Allegation

1. RII-95-A-0026 - 1p 6.

03/17/95 E-mail from JJD to OXD,

Subject:

RII-95-A-0026 (OI Ref No.: 2-95-008) -1p 7.

06//07/95 E-mail from JDD to OXD,

Subject:

RII-95-A-0026 (2-95-008) -1p 8.

08/23/95 E-mail from JDD to LMS,

Subject:

EICS Files -

1p 9.

09/25/95 Memorandum to: Carolyn F.

Evans from William J.

McNulty,

Subject:

St. Lucie Nuclear Plant:

Alleged Discrimination Against an I&C Technician for Reporting Safety Concers (Case No. 2-95-008 - 1p 10.

10/30/95 E-mail from JDD to BXU,

Subject:

RII-95-A-0026 - 1p 11.

02/20/96 E-mail from James Dockery to SKD,

Subject:

Request for Court Reporter Services with attachment - 2 pp

2 12.

03/04/96 E-mail from James Dockery to SKD,

Subject:

Request for Court Reporter, with attachment -

2 pp 13.

04/02/96 E-mail from James Dockery to CFE,

Subject:

2-95-008 - Alleger Interview - 1p 14.

05/30/96 E-mail from James Dockery to CFE, Subject OI Case 2-95-008 - 1p 15.

05/30/96 E. Mail from James Dockery to EXL2,

Subject:

St. Lucie (OI Investigation 2-95-008) - 1p 16.

07/31/96 OI Report of Investigation, St. Lucie Nuclear Plant: Alleged Discrimination Against an Instrumentation and Control Technician for Reporting Safety Concerns - 13 pp 17.

08/05/96 Memorandun to S. D.

Ebneter from W.

J.

McNulty,

Subject:

St. Lucie Nuclear Plant:

Alleged discrimination Against Instrumentation and Control Technician for Reporting Safety Concerns (Case No. 2 008/RII-95-A-0026) - 1p 18.

08/22/96 Memorandum to File: Case No. 2-95-008, from James D.

Dockery, Sr.,

Subject:

Telephone Conversation with Alleger - 1 p

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Re: F01A-96 485 APPENDIX J RECORDS BEING WITHHELD IN PART NO.

DAT_E DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.

4/13/94 Memorandum for William Russell from Ashok Thadani

Subject:

Results of (SMM) Screening Meetings (2 pages)

EX. 5 1

J Re: F01A 96 485 APPENDIX K RECORDS BEING WITHHELD IN THEIR ENTIRETY NO.

DAIE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS i

1.

11/18/94 Memorandum to Patrick Baranowsky et al.. from Alfred Chaffee.

Subject:

Request for Review of Draft Technical Evaluation Report attaching Draft Technical Evaluation Report. Engineering Analysis and Incremental Core Damage Frequency Estimation for Four Unreported Potentially i

Risk Significant Events (UPRSE) ad One Reported Event (170 pages) EX. 5 i

j j

T DESEVOISE & PLIMPTON 875 THIRD AVENUE 55513TH STREET N w 21 AVENUE GEORGE V 1 CREED COURT. S LUDGATE MILL WASHINGTON. DC 20004 75006 PARIS LONDON EC4M 7AA NEW YORK, NY 10022 TELtmONE (2o2) 383.e00o TEu PHONE os.1)4o 731212 TEuPHONE M 171) 329 0779 (p} 2) g TELECOPIER (202) 383-8118 TELI_ COPIER (331) 47 20 JO 82 TELECOPIER (44-171) 329 0860 13/F ENTERTAINMENT BUILDING 30 QUEEN'S ROAD CENTRAL 1065 BUDAPEST HONG KONG RtVAY KOZ 2 ati2 TELECoPIER: (212) 909-6836 TELEPHONE (852) 2810 7918 TELEPHONE (36-1) 1310845 T ELECOPIER (852) 2810 9828 TELECOPtER (361) 132 7995 November 14, 1996

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• NEI Russell Powell Chief of the FOIA/LPDR

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Nuclear Regulatory Commission

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Washington, D.C.

20555-0001 Ref?M CrM5

Dear Mr. Powell:

This is a request under the Freedom of Information Act, 5 U.S.C. S 552.

I request that a copy of all records and other documents that fit the following description be sent to me:

1) All records or other documents from January 1, 1

1993 to the present that are not currently in the public documents room and that relate to Florida Power and Light's St. Lucie Nuclear Power Plant (Unit 1 and/or Unit 2).

2) The number of inspection hours (by quarter) devoted by the NRC to all licensed nuclear plants in region 2 since January 1, 1993.

In order to help determine my status for the purpose of assessing any fees, you should be advised that I represent a company, and I am seeking information for use related to the company's business.

Please advise me of any fees associated with processing this request.

Sincerely,

~

Neil S. Binder 20280632 01 Q ' 7n.

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LIMITED }ISTRIBUTION -- NOT FOR PUBLIC DMCLOSURE INVESTIGATION STATUS RECORD (naae 3) i Case No.:

2-95-008 Facility:

ST. LUCIE NUCLEAR PLANT Case Agent: DOCKERY Priority: HIGH (L. REYES, DEP RA)

Subject / Allegation: ALLEGED DISCRIMINATION OF I&C TECHNICIAN FOR REPORTING SAFETY CONCERNS l

Monthly Status Report:

l 06/30/96:

Status:

RID ECD: 07/96 l

07/31/96:

Priority changed to High at 07/09/96 meeting with EICS and Deputy RA.

Closed / Unsubstantiated 08/05/96:

Issued i

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V Closed:

07/31/96 Issued: 08/05/96 Action:

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LIMITED DISTRIBUTION--NOT FOR PUBLIC DISCLOSURE W/0 01 APPROVAL

LIMITED}ISTRIBUTION--NOTFORPUBLICD" CLOSURE INVESTIGATION STATUS RECORD 1

Case No.:

2-95-008 Facility:

ST. LUCIE NUCLEAR PLANT 4

Allegation No.:

RII-95-A-0026 Case Agent:

DOCKERY Docket Nos.: 050-335; 050-389 Date Opened:

03/03/95

]

Source of Allegation:

ALLEGER Priority: HIGH (L. REYES, DEP RA)

Notified by:

EICS Staff

Contact:

Category:

IH Case Code: RP Subject / Allegation: ALLEGED DISCRIMINATION OF I&C TECHNICIAN FOR REPORTING SAFETY CONCERNS 4

Monthly Status Report:

page 2 10/31/95: On 10/06/95, the NRC RII Regional Administrator forwarded a letter to the licensee, Florida Power and Light Co. (FP&L) directing FP&L to provide the NRC with the basis for the employment i,ction against the alleger, i

Gary L. PHIPPS, and action planned by the ?icensee to assure that the employment action against the alleger does not have a chilling effect on other employees.

01 has requested to be timely advised when the licensee's response is obtained so that a response may be utilized in the formal 01 interview of the alleger.

Status:

PEN ECD:

unscheduled j

11/30/95:

FP&L requested and was granted an extension in filing its response to the NRC " Chilling Effect" letter sent to the licensee on 10/06/95.

The FP&L response is anticipated during December 1995.

Status:

PEN ECD:

unscheduled 12/31/95:

No change status.

Status:

PEN ECD:

unscheduled 01/31/96: On 01/10/96, 0I received a copy of the licensee response to the NRC

" Chilling Effect" letter with an attached licensee investigation of the alleger's concerns.

On 10/30/95 the alleger and the licensee entered 4

into an agreement to settle the alleger's D0L complaint. Neither party

]

to the settlement admitted to any culpability. On 11/30/95 a D0L Administrative Law Judge issued a Recommended Order of Dismissal of the alleger's complaint based on the settlement agreement.

The Secretary of Labor has not yet issued a final ruling on the matter.

Status:

PEN 1

ECD:

unscheduled 02/29/96: 01 interview of the alleger, PHIPPS, scheduled for 02/27/96 had to be rescheduled due to commercial carrier problems.

Status:

FWP ECD:

08/96 03/31/96:

Based upon the assignment of Special Agent Dockery to the Region I Millstone Nuclear Plant investigation (Case No. 1-96-010) on a full time basis, the case status has changed to "Pending." Status:

PEN i

ECD:

unscheduled 04/30/96:

No change.

Status:

PEN ECD:

unscheduled a

05/31/96:

No change.

Status:

PEN ECD:

unschMuled LIMITED DISTRIBUTION--NOT FOR PUBLIC DISCLOSURE W/0 01 APPROVAL

'/ 2 (

LIMITED %STRIBUTION--NOTFORPUBLICDNLOSURE 4

INVESTIGATION STATUS RECORD Case No.:

2-95-008 Facility: ST. LUCIE NUCLEAR PLANT Allegation No.:

RII-95-A-0026 Case Agent: DOCKERY Docket Nos.:

050-335; 050-389 Date Opened:

03/03/95 Source of Allegation:

ALLEGER Priority: NORMAL Notified by:

EICS Set by:

S. EBNETER, RA Category:

IH Case Code:

RP Subject / Allegation:

ALLEGED DISCRIMINATION OF I&C TECHNICIAN FOR REPORTING SAFETY CONCERNS Remarks:

Monthly Status Report:

03/03/95:

The alleger, Gary PHIPPS, a Digital Instrumentation and Control (I&C) technician at St. Lucie, stated that his Florida Power and Light Company management discriminated against him for raising concerns regarding system configuration and maintenance, and for reporting safety concerns to SPEAK 0VT (the site employee concerns program).

PHIPPS stated that the adverse action was in the form of his being the only I&C technician that was not assigned any outage work.

Status:

FWP ECD:

07/95 03/31/95: The alleger was telephonically contacted by OI on March 16, 1995.

The alleger advised that he was in the process of documenting his concerns for both the NRC and his anticipated D0L complaint.

The alleger agreed to be interviewed by 01 af ter he has completed documenting his allegation which he will forward to the RII allegation coordinator.

01 has advised the regional allegation coordinator to expect the alleger's complaint in the near future and requested that 01 be notified upon receipt.

RA has set priority at normal on 03/27/95.

Status:

FWP ECD:

09/95 04/30/95: The alleger was contacted on 04/13 and advised that he was delayed in preparing documentation of allegations promised during 01 telephone interview on 03/16.

Further interview of alleger delayed pending notification of receipt of alleger's documentation by RII allegation coordinator and review by 01.

Status:

FWP ECD:

09/95 05/31/95: Awaiting notification from RII EICS of receipt of alleger's supporting documentation.

Status:

FWP ECD: 09/95 06/30/95: On June 28 EICS:RII provided 01 with a copy of the alleger's April 11, 1995, letter to RII and the 00L detailing the alleger's discrimination complaint against the Florida Power and Light Company.

This documentation was requested by 01 from the alleger during March 1995.

Status:

FWP ECD:

09/95 07/31/95:

No investigative resources available.

Status:

NRA ECD:

unscheduled 08/31/95:

No change in status.

Status:

NRA ECD:

unscheduled 09/30/95: No change in status.

Status:

NRA ECD:

unscheduled

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LIMITED DISTRIBUTION--NOT FOR PUBLIC DISCLOSURE W/0 01 APPROVAL

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