ML20235N616

Partial Response to FOIA Request for Documents,Including Draft Synopsis of Case 1-85-019.App H & Encl App I & J Documents in Pdr.App J Documents Partially Withheld & App K Documents Completely Withheld (Ref FOIA Exemptions 5,6 & 7)

ML20235N616
Person / Time
Site:	Peach Bottom
Issue date:	07/15/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Rubinton D GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20235N620	List: ML20235N616 ML20235N662
References
FOIA-87-228 NUDOCS 8707200154
Download: ML20235N616 (6)

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HESPONSE TYPE i

• i REDPONSE TO FREEDOM OF Clh l'**'

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%,, / INFORMATION ACT (FOIA) REQUEST JUL 15 1987 DOCKET NUM87.htSi Ur espaceewt REGLC. STER

1. N 4, PART I.-RECORDS RELEASED OR NOT LOCATED (See checkad boxes)

No agency records subact to the request have been located No additional agency recorda subsc 1 to the request have been located.

y, l[ Agency records subact to the ro.tuost that ere identded in Appenden 1717 H Street, N W., Wrahengen, DC.

are aliesdy available for public irspecten and copymg m the NRC Pd>lic Document Room, Agency recorde subpect to the request that are identifad in Appendix Y d are beeg made awa:leble for puble mspecten eruf copymg in the NRC Public Document Rcom,1717 H Street, N.W., Washmgton, CC, in a folder under the FOIA number ond requester name.

The ncnpropnetary verson of the proposaitsi that you agreed to accent m a te6ephone conversation wth a member o' my staff to now being made eve 4able for puolic enspecten and ccyng at the NRC Pubic Drrument Room.1717 H Street, N W, Washmgton, DC, in a folder under the FOIA nu.viber a c reauester name.

Encbeed is informaton on how you may obtem eccoms to and the chargns for copymg records placed in the NRC Public Dxument Room,1717 H Strec, N W., Washington, DC.

Agency records subject to the resaast are enetooed. Any appicable charge 6r copses of the escords prowded and .oatment proce' lures are noted in the f.omments secton.

Records subject to the request have been referred to ancthat Federal agencMassi for review and direct response to you.

In vow of NRC's response to the request, no further action a being taken or appeal letter dated ]

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PART ll.A-INFORMATIOsis wrTwust n span sage!?O ct!;1;;t;<g

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Certam informaton in the requested records is being withheld from pubic discicsure pursuant to the FOIA exemptions described m and for the reasons stated in Part li, sec-tor's 0, C, and D, Any re* eased porters of the documents for which only part of the record a bemg withheld are being made available for pubic mapecten and copymg en the N4C Public Documeru Room,1717 H Street, N.W., Washir'gton, DC. e- a fokser under the FOIA numbe' and requester name.

Comment.

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8707DOO154 070715 '

PDR FOIA R UB I b8T 097-228 PLR f A' SIG T E. DIRECTOR. OM l RUL ' RECORDS

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NIC FOT.M 464 4Part si ro m

' s FREliDOM OF INFORMATION ACT RESPONSE FOIA NUMamSt fcTA -87 M h DME; JUL 15 1987 PA*tT 11 B- APPLICA

• LE Fol?. EXEMFTIONS Recoros su'$ct to the request that are described in *he enclosed Appendices are be,ng withheld in their entirety or in part under FOIA Exemptons and for the reasons set forth below pursuarit to 5 U.S.C. 552(b) and 10 CFR 9. Sal of NRC Regulations.

1 Th. w rhhe6d e informanon a property class # fad oursuant to Emeeurnee Ordae ips.riifxEMPTION l.

2. The withhek. information relates so6ety to to intemal personnel rules and procedures of NRC. (EXEMPTION 21

3. The withheld mtormat.on is specifcaay enems;ted from pubic disclosure by statute mdicated; (EXEMPTION J)

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' Secten 141145 of the Atomc Energy Act whef penhibits the declosure of Restricted Data 'or Formerty Restncted Data 142 U.S.C. 21612165).

I Secten 147 of the Atomc Energy Act whch prohibits the deckmure of Unclassified Safeguards I;iforrnation (42 U.S.C. 2167).

4 The withheld information a a trarle secret or commercal or financial hformation that is being withheid for the reason (s) indicated: EXEMPTION M The informaton a cansdered to be confederMal business (propfstary) information.

The infonnaten is considered to be propretary information pursuant to 10 CFR 2.790(d)tti, y Tha informaton was submrtted and roccued et t.r hdence from a foreign source pursuant to 10 CFR 2.790ic"(2).

, d t would TM ed W~tW' M open ....'"'""*?'*****"*M*"91'"*"t # 7 *.'" d Mm 12; 27U.. Chr. M s.'-

• • and - ;;' M*-e tsad to inhibit the trart excharge of ideas essential to the deliberative process, 'Whus reco/ds are withhe6d in their entnety, the facts a intertwined with the orersecasunalinformsten. Tnere also are no teetonably esgregab6e factual portions because the release of the facts would permit an endirect arquiry into the preaecmonal process of the egency. (EXEMPTlON 5) ,

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6. The withheid intermation is exempted from pubic declosure beceuse its disclosurs would result in a asaarty unwarranted invasion of personal privacy. (EXEMPTION 6)

7. The withheid information corasts of mvenigator, recores compiled for law enforcement purposes and a being withheld for the reast;r 4s) indcated (EXEMPTION 7)

Disclosee, would mteriore wrth en enforcement proceeding because it could reveal the scope. ai oction, and focus of enforcement efforu. and thus could possoly allow them to take action to sheid poterstsal wrongdang or a wolstson of NRC *equstements from investigators. f EXEMPTION 7(AH Dsclosure would corstitute an urmarranted beson of personal prr/acy (EXEMPTION 7(C))

The bformation corests of names of individuals and other informaron the disclosure of which wou'd revealidentit>es of confidential sources. (EXEMPTION 7tOH PART 41.C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and 'or 9.15 of the U S. Nucteer Regulatory Commissson regulatons, it has been determined that the information wrthheld is exempt from poducton or desclosure, r:nd that its productinn or declosure a contrary to N putec interest. The persons responsible for the den d. are those officasts identifed below as denying of*cals r,nd the Director.

Divr. son of Rul9s and Records, Offee or Asmurustratung for any denists that mry be appea6ed to the Executive Director for Operations (EDol.

D66iIdG OFFICIAL TI'LE/OF FICE RECORDS DENIED APPELLATE OFFICIAL h ds O#[ [, ' SYN '

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PART fl D- APPEAL RIGHTS I l

The tjenial by each denying officW identHiedie Part it.C may be appealed to the Appettate Official identified in that rection. Any such appeal rnust be in I i

writing and must be made unthin 30 deys of receipt of this response. Appeals must be addressed as appropriate to the Executive Dieector for Operations or to the Secretarit of the Comrrassicat U.S. Nucisar Reguintory Commission, Washington, DC 20555, and should clearfy state on the envelope and in the letter  !

that it is an " Appeal from an initW FDIA D--= " {

mac FORM and (Part 21 U.S. NUCLEAR REGULATORY COMMISSION j

1. asi FOIA RESPOl,SE CONTINUATION i

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, Re: F01A-87-228

_ APPENDIX H RECORDS MAINTAINED AMONG PDR.FI.s.ES~

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1. 12/16/86 Ltr from J.W. Gallagher, Philadelphia Electric Co. , to  !

g, Thomas ~ T. Martin, Region I, NRC Accession No. 8612230385 l

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Re: F01A-87-228 APPENDIX I RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER

1. Undated Draft Synopsis of Case No. 1-85-019(5pages).

2. Undated Investigator's handwritten notes (13 pages).

3. Undated Comparison of Manpower and Delays (1 page).

4. 8/26/85 Various Organizational Charts (8 pages). j

5. 11/21/85 Handwritten ltr to Carol Gibbs frcm Mr. Matakas (1 page).

6. 5/8/86 Memo from Ben B. Hayes to Thomas E. Murley, re: Peach i Bottom Atomic Power Station (PBAPS); Alleged Threats to  !

Employees to Prevent Disclosure of Possible Overexposure to hkL (1-6o-viv) (1 page).

7. 6/25/86 Memo from Chester W. White to Thomas.E. Murley, re:

Release of Office of Investigations Report No. 1-85-019:

Peach Bottom Atomic Station / Alleged Threats to' Employees j to Prevent Disclosure to NRC (1 page).  !

l 8 .' 7/9/86 Memo from Ben B. Hayes to Thomas E. Hurley, re: Office of Investigation Report No. 1-85-019, Alleged Threats to  ;

Employees to Prevent Disclosure of Possible Overexposure te NRC, Peach Bottom Atomic Power Station (1 page).

9. 3/28/86 Memo from Chester W. White to Thomas E. Murley, re:

Report of Investigation No. 1-85-019(1page).

10. Undated Bartlett Nuclear. Ir.c. Personnel Policy (6 pages).

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i Re: F01A-87-228 i 4 "i APPENDIX'J RECORDS PARTIALLY WITHHELD

1. - Various. Investigation Status Record -(4 pages) Ex.37d (, M it.'.

L 2. 9/20/85 Chronological Record (1 page) Ex. 7c.

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Re: F01A-87-228 APPENDIX K RECORDS TOTALLY WITHHELD

1. Undated Draft letter from Thomas Murley to Philadelphia Electric, i re: Notice of Violation and proposed Civil Penalty w/cnclosure (6 pages) (Exemption 5).

2. Undatec Memo from Thomas Murle to James Taylor, re: Proposed Civil Penalty (2 pages (Exemption 5).

3. ,10/17/86 Investigative Work Plan (4 pages) (Exemption 5). _

4. Various Inve.stigator's notes on various interviewees (167 pages). I (Exemption 70) l

5. Various Report of. Interview / Statement / Interview notes of confidential source (58 pages) (Exemption 7D).

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6. 1/28/87 Memo from Gary M. Holahan for Jane Axelrad, re:

Enforcement Action 87-05, Peach Bottom Unit 3 (1 page). 1 (Exemption 5) i i

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GOVERNMENT ACCOUNTA0lLl1Y PROJECT 1555 Connecicut Avenue, NV, Suite 202 Wcshington D C. 20036 (202)202 ' . i MIDWF.ST OFFICE v10 4 E. WISCONSIN AVENUE APPLETON, WISCONSIN 54915-8605 l

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FREEDOM OF INFORMATION ACT REQUEST Director DtEEDOM 0F INFORMATION

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Office of Administration ACT REQUEST l U.S. Nuclear Regulatory Commission Washington, D.C. 20210 pgpf -[7" f 1 t .

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TO W!iOM IT MAY CONCERN f

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

j the Government Accountability Project (GAP) requests copies of any and j all agency records and information, including but not limited to notes. {

letters, memoranda,. drafts, minutes, diaries, logs, calanders, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photograp,s, agreements, hadnwritten notes, studies, data sheets, notebooks, books,  !

telephones messages, computations, voice recordings, computer runoffs, I and any other data compilations, interim and/or final reports, status >  !

reports, and any and all other records relevant to and/or generated in connection with the dismissal of a health physicist for "whistleblowing" at the_ Beach Bottom nuclear p] ant as reported by the Associated Press on December 30, 1986 (see enclosed). This request covers records. generated bo' A i l

bafore and after the release of the report, as well as any records gentrn in connection with this request.

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This request includes all agency records as defined in 10 C.F.R. 9.3a0:'

and the NRC Manual, Appendix 0211, Parts 1. A.2.and A.3 (approved October 8, 1980) whether they currently exist in the NRC of fical, "w o d . c. ;>

investigative or other files, or at any other location, including privt:a residences.

If any records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, se?ra, and covered by this request have been destroyed and/or removed after tnis request, please provide all surrounding records, including'but not limited-to a list of all records w hich have been or are destroyed and/or removed, a doccription of the action (s) taken relevant to, generated in connection v b and/or issued in order to implement the action (s).

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l GAP raquests that fees be waived, becausa " finding the inf ortna t ion can be censidered as primari1y benef1 ting the genera 1

.public," 5 U.S.C. 552 (a) (4) (a). GAP is a non profit, non-partisan

public interest organization concerned with honest and cpen government.

Through public outreach, the Project promotes whistleblowers as agents lof government accountability. Through it Envitomental Whistleblower l Clinic, GAP offers assistance to local public interest and citizens l groups and interveners in the concern for saf ety at nue, lear power plants.

We are requesting this information as part of an ongoing monitoring l project of the NRC's efforts to protect public health and safety at latid near nuclear processing plants and radioactive waste facilities.

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For any documents or portions that you deny due to a specific j FOIA exemption, please provide an index itemizing and describing the  ;

documents or portions of documents withheld. The index should provide 1 a detsited justification of your grounds for claiming each exemption, explaining why each exemtion is relevant to the document or portion ,

of the document withheld. This index is required under Vaughn v. j

.Rosen (1), 484 F2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 i (1974).

We look forward to your response to this request within ten (10) j working days. l Sincerely, l

_ 1 David S. Rubinton, Coordinator FON. Litigation Clinic, G1 P l

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!Racponces to this request should be mailed to  :

104 E. Wisconsin Avenue J Appleton, Wisconsin 54915-8605 .

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The Associated Press The r.aterials in the AP file were compiled by The Associated Press. Thcie inatt! rials may not be republished without the express written consent of ~ .

Associated Press.

December 30, 1986, Tuesday, PM c/cle SECTION: Domestic News O LENGTH: 287 words

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HEADLINE: NRC: Peach Lottom Fired Whistle-Elower 7e DATELluE: PHILADELPHIA '

KEYWORD: Nuke Whistle-Blower BODU '

A nuclear power plant employee exposed to radiation at the Ceach Potto". '

nuclear plant was laid of f cecause he notifleo the Nuclear Regulatory Comn;;.

of the incident, an NRC spokesman says. ,

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Y The Associated Press, December 10, '986 "r Hewever, Philadelphia Electric Company, which owns 42.5 percent of the FIS' Bottom plant, said the employee, a health physicist, was dismissed in a cL::1:

at the plant that reduced the work force f rom 130 employees to 90. ,

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The federal regulatory agency will reYlew th* Case and release its f1r.:Zgs by the end of next month at the earliest, according to pod Eallo, MRC sectW, chief responsible for the Peath Ecttom plant, which is Ideated near the t'.;r h?

border.

• said"This has a chilling ef fect on employees at all nuclear power plants," 15'_:

honday. .

"If they feel they will lose their jobs if they speBX to the NRC, e tentLC.'.;

there he said.could be potential problems at the plant that we wouldn't find out a;; ;,'

A 1974 fired federal law prohibits for ' whistle-blowing," employees Gallo said. at nuclear power plants from bety 'j

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.An NRC report released in September concluded that the health physicist, L.

employee of Bartlett Nuclear Inc., a subcontractor at the plant, would nct .-

been laid of f if he hadn't Sporen to the NRC about the harch 1985 inciderc.  ;

J The Associated Press, December 30, 1986 I Gallo said.  %

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A Peach tottom of ficial told a Bartlett supervisor, "I want the health I pnysicist the report. to go in tne first rouno or layorts," accoroing to testimony givt.. f .'

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The health physicist and thr2e other employees were exposed to radioactive b caustrd by an equipment malfunction while examining planned modificat; .:n f gas in {he reactor. The NRC concluded that the levels of radiation to which c'tr.e workers were exposed were acceptable. '

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