ML20087C785

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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 - '

517 Florida Avenue, NW Washington, DC 20001-I850 (202)667-7515 Fai(202)462 4145 '

February 17, 1995 Facsimile'anr4 First Class Mail 4

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. Carol Ann Reed gg g -

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

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1 Washington, D.C.'20555

Dear Ms. Reed:

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

appeal Information withholding Act Request of documents No. requested in the' Freed  ;

January 17 1995. 95-24, filed with your agency, .om' dated'of i

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

generater phaec proceeding of discovery entitled: regarding Georcia  : the licensing amendment a Power Comeanv, et al., i Electric Generating Plant, Units 1 and 2) si 50-425-OLA-3, ASLBP No.

(Vogtle

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Dockets Nos. 50-424-OLA-3 This _ appeal covers only i

paragraph 1, for reference.documents 1-15 of the request which I have attachedi i

i by The documents the~~NRC~ requested

~ ~to formulate in-the-requesii policy 'and have been relied upon 1 render a . determination concerning Power Co. a Notice of Violation issued by'the NRC against Georgia _

The release of these documents is absolutely critical for a public understanding of that decision rendered.by the NRC. l these'There is absolutely no justification under law for withholding 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 materials.

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

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 Act. seek judicial enforcement of the Freedom of Information

-l Yours truly, -j j

9508100025 950217 PDR FOIA ary WILMOTH95-A-7 PDR e Wilmoth a 'l YE

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t 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:

, $ 552, Pursuant et to the Freedom of Information Act ("FOIA") , 5 U. S . C. .,

' sea., the National Whistleblower Center ("NWC") hereby i directly or indirectly to the following: requests a copy of any and all rec

1. l dieselAll depositions in the possession of the NRC taken in the  !

generator amendment proceeding phase of discovery regarding the. licensing entitled: In the Matter of Georgia Power Company, et.al. (Vogtle Electric Generating Plant, Units 1 and 2)

Dockets 3, including Nos. 50-424-0LA-3 but & 50-425-OLA-3, ASLBP No. 93-671-01-OLA-list. not limited to those contained in the following

1. John G. Aufdenkampe, Jr. 'l taken June 14, 1994 Paul Kochery

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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 r
11. - taken July 25, 1994 George Bockhold - taken July 21, 1994
12. Mike Duncan - taken July 20, 1994
13. Charles Coursey
14. Kenneth Burr taken July 20, 1994

- 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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Hearing transcripts for, dates January 4 *I 1995 for Matter the' Georgia

, of licensing amendment proceeding entitled:through January 13, j Power - Company, et.al.- . (Vogtle Electric l .~In the [

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 5.1 format. the form of computer-discs,-in the Wordperfect i

segregable any document's or portions .in the event theymcontain exempj portions that exemption, please provide an indexyou deny due to a. specific lFOIA" "

documents or portions of documents withheld. itemizing and describing the  ;

requested ingL of the will contribute operations or activitiessignificantly to the public's un '

primarily in the of the government.and/or:is- '

interest of the requester. public -interest and is not in the commercial -

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

The purpose of;the NWC is to  :

and/or government FOIA-91-114. 'In addition, corruption to the attention' Agg,'

of the p '

~i the NWC was granted by the NRC on January 25,a-similar 1993 in response request-forLa tot fee w; a . FOIA request for information about whistleblower against Houston Lighting & Power Co. Sag, FOIA-93-44 allegations '

The. specific allegations of other whistleblowing allegations concerning NRC OI Case theNo. 2-90-020R

. Georgia Powerand !  !

j received There is greatwidespread' attention in the national and Geol public intereet in the NRC's investigation of OI Case No. 2-90-020R and the diesel generator issues.  :

Senate Subcommittee on Nuclear Regulation held - public The _ U . S . i regarding allegations related to the substance of OI. Case No. 2-90-hearings 020R which included the diesel generator issues'. ,

to disseminate pursuant the public the information receivedThe to thistorequest. from NWC theintends NRC  ;

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P.05 FOIA Request January 17, 1995 I Page 3 {

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days We looklaw as the forward to hearing stipulates. from you within ten (10) Working  !

assistance. Thank you in advance for your Sincerely, Mary Ja e Wilmoth for the National i 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  !

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  • TFT FmPY COVER SHEET  !

. 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 n gy**m; -----

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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 --

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N }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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