ML20080F473

Appeals Denial of FOIA Request for Documents Re R Gunderson & Senior Bechtel Manager Allegations of Electrical Problems & Deficiencies at Facilities

ML20080F473
Person / Time
Site:	Palo Verde
Issue date:	05/13/1983
From:	Bernabei L, Matt Young GOVERNMENT ACCOUNTABILITY PROJECT
To:	NRC
References
FOIA-83-161, FOIA-83-A-9 NUDOCS 8402130005
Download: ML20080F473 (2)

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. -mm GOVERNMENT ACCOUNTADil.lTY PROJECT Institute for Policy Studies 1901 Que Street. N.W. Washington, D.C. 20009 (202)234-9382 May 13, 1983 APPEAL OF INITIAL FOIA DECISION f$f ~YC {N ~}{e/

U. S 1uclear Regulatory

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Washington, D. C. 20555 Re: FOIA-83-161 APPEAL FROh FINAL AGENCY FOIA DECISION To Whom It May Concern:

This is an appeal pursuant to sub s ec tio n (a) (6) of the Freedom of Information Act (FOIA), as amended, 5 U.S.C. 0552. By letter dated March 31, 1983, the Government Accountability Project (GAP) requested documents relating to:

(1) any and all allegations of Mr. Robert Gunderson, and (2) any and all allegations of a senior Bechtel manager concerning electrical problems and deficiencie s, concerning the Palo Verde Nuclear Generating Station, Unito 1, 2 and 3 (Arizona). We defined the request to include any and all agency records and information, includi ng but not limited to notes, letters, files, memoranda, drafts, minutes, diaries, logs, calendars, tapes, t ra n s c rip t s , summaries, interview reports, procedures, in~

structions, enginGering analyses, drawings, graphs, charts, maps, photographs, agreements, handtritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, any other data compilations, interhnand/or final reports, status reports, generated or obtained by NRC personnel in connection with investigations, inspections and/or reports on the above allegations.

In an April 28, 1983 letter, Mrs J. M. Felton released two documents in theit entirety, and denied three other documents in their entirety pursuant to Exemption 5 of the FOIA and 10 C.F.R. 89.5 (a) ( 5) .

Mr. Felton indicated at the outset of the letter that it was "in partial response" to GAP's FOIA request. Since the time limits for the initial response have long passed, we are appealing the effective denial of the records that were specifically denied as exempt and additional records not produced in the partial response of April 28.

It is obvious that the documents identified in Appendix A to Mr. Felton's response do not reflect a complete list or search of agency records, including regional of fice records and files, 8402130005 030513 PDR FOIA BERNABE83-A-9 PDR

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. 4 U. S. Nuclear Regulatory Commission May 13, 1983 Page Two since a final inv e stig ativ e report has not yet been issued. There-fore, we would like all such documents gathered or generated during the course of this investigation identified.

As provided under the FOIA, we expect to receive a response to this administrative appeal within twenty (20) working days.

Since ely yours, S.

Marya Youn ,

Staff Associate Lynrie Bernabei Staff Counsel

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DOVERNMENT ACCOUNTABil.ITY FROJECT institute for Pohcy 5tud.es 1901 Que Street. N W.. Woshingion. D.C. 20009 (202)234 9382 March 29, 1983 FREEDOM OF INFORfAATION ACT REQUEST O f ce f Administration U. S. Nuclear Regulatory Commission

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Washington, D. C. 20555 g ht - k ~~[ 3 To Whom It May Concern:

Pursuant to the Freedo of Information Act (FOIA), 5 U.S.C. 1552; the Government Accountability Project (GAP) of the In stitute for Policy Studies requests copies of any and all agency records and information related to and/or generated in connection with any and all investigations, inspections and reports of:

(1) any and all allegations of Fk. Robert Gunderson, and (2) any and all allegations of a senior Bechtel manager concerning electrical problems and deficiencies, concerning the Palo Ve'rde Nuclear Generating Station, Units 1, 2 and 3 (Arizona). This request includes any and all 69ency records and information, including but not limited to notes, letters, files, memoranda, drafts, minutes, diaries, logs, calendars, tapes, trans-cripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, graphs, charts, maps, photographs, agreements, handwritten notes, studics, data sheets, notebooks, books, telephone messages, computations, voice recordings, any other data compilaticns, interim and/or final reports, status reports, generated or obtained by NRC personnel in connection with investigations, inspections and/or reports on the above allegations.

If any records have been destroyed and/or removed, please provide 611 surrounding records, including but not limited to a list of a)1 records which have been or are destroyed and/or removed, a descrip-tion of the action (s) taken, relevant date (s) , individual, office and/or agency-wide policies and/or justification (s) for the action (s) ,

identification of all personnel involved with the action (s) , and any and all records relevant to, generated in connection with, ,

and/or issued in order to implement the action (s) .

GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the general public."

5 U.S. C. 5552 (a) ( 4) (A) . The Government Accountability Project is a non profit, nonpartisan public interest organization concerned i s k 0

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Director of Administration U.S. Nuclear Regulatory Commission March 29, 1983 with honest and open government. Through legal representation, advice, national conferences, filns, publications and public out-reach, the Project promotes whistleblowers as agents of government accountability. GAP requests the above information as part of an ongoing 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 portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each excmption is relevant to the docu-ment 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.

ours truly,

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t Marya2 . Young )

Staf f Associate .7 . .

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Lynne Bernabei Staff Counsel MCY/LB/ea -

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i April 28, 1983 4

Ms. Marya C. Young and Ms. Lynne Bernabei Government Accountability Project 1901 Que Street N.W. IN RESPONSE REFER Washingtor., DC 20009 TO FOIA-83-161

Dear Mesdames Young and Bernabei:

This is in partial response to your letter dated March 31, 1983, in which you requested, pursuant to the Freedom of Infomation Act, documents relating to the following:

l. any and all allegations of Mr. Robert Gunderson, and 9

2. any and all allegations of a senior Bechtel manager concerning electrical problems and deficiencies, concerning the Palo Verde Nuclear Generating Statien, Units 1, 2, and 3 (Arizona).

The documents listed on Appendix A are responsive to your request.

I Documents one and two of the Appendix are NRC inspection reports which

have previously been placed in the NRC Public Document Room (PDR),1717 l H Street, N.W., Washington, DC 20555. Access to these two reports may be obtained by visiting the PDR and requesting the documents by the appropriate number assigned to each inspection as cited on the Appendix.

Documents three, four, and five contain opinions, recommendations and analysis as to whether to allow the licensing board's decision to become '

effective and also as to whether to issue an order. There are no reasonably segregable factual portions in these documents because the factual contents of each memorandum are already in the public record and relear.ing factual portions of these documents would reveal a predecisional evaluation of which facts are important. (See Russell v. Department of the Air Force,,

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2 GDS 181.123 (D.D.C.1981), 'afd'd, 682 F.2d 1045 (D.C. Cir l982).)

Therefore, these documents are exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA (5 U.S.C.1552(b)(5)) and 10 CFR 19.5(a)(S).

Release of these documents would not be in the public interest because it would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. For these reasons, these documents are being withheld in their entirety.

Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been i determined that tise information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. Tne person responsible for this denial is Mr. James A.

Fitzgerald, Assistant General Counsel.

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l l This denial may be appealed to the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the U.S. fluclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an

" Appeal from an Initial FOIA Decision".

The search for additional documents relevant to your request is continuing.

When our search has been completed, you will be notified of our detemination.

Sincerely.

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Re: F01A-83-161 Appendix A

1. 12/28/82' NRC Inspection Report 50-528/82-32.

2. 3/31/83 NRC Inspection Report 50-528/83-05.

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3. Undated Six-page memorandum to the Commissioners from James A.

Fitzgerald, Assistant General Counsel and John E. Zerbe, Director, Office of Program Evaluation,

Subject:

'Palo Verde Immediate Effectiveness Decision".

4. Undated Five-page memorandun to the Commissioners from James A.

Fitzgerald, Assistant General Counsel and John E. Zerbe, Director, Office of Program Evaluation,

Subject:

"Palo Verde Immediate Effectiveness Decision". -

5. 4/5/83 Ecur-page memorandum to the Commi;sioners from Martin G.

Malsch, Deputy General Counsel and John E. Zerbe, Director, Office of Program Evaluation,

Subject:

"Palo Verde Immediate l Effectiveness Decision and Review of ALAB-713".

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