ML20245K421

Discusses 850228 Telcon W/B Garde to Set Date for Interview Re 13 Generalized Allegations

ML20245K421
Person / Time
Site:	Waterford, 05000000
Issue date:	03/01/1985
From:	Blumenthal H NRC OFFICE OF INSPECTOR & AUDITOR (OIA)
To:	Connelly S NRC OFFICE OF INSPECTOR & AUDITOR (OIA)
Shared Package
ML20245J949	List: IR 05000445/1975005 ML20245J946 ML20245J952 ML20245J960 ML20245J974 ML20245K073 ML20245K109 ML20245K113 ML20245K131 ML20245K141 ML20245K153 ML20245K166 ML20245K176 ML20245K182 ML20245K195 ML20245K201 ML20245K207 ML20245K212 ML20245K218 ML20245K224 ML20245K308 ML20245K323 ML20245K328 ML20245K355 ML20245K421 ML20245K445 ML20245K474 ML20245K477 ML20245K487 ML20245K508 ML20245K512 ML20245K525 ML20245K785 ML20245K803 ML20245K807 ML20245K814 ML20245K833 ML20245K842 ML20245K848 ML20245K855 ML20245K869 ML20245K873 ML20245K890 ML20245K897 ML20245K902 TXX-1264, Responds to NRC Re Violations Noted in Insp Repts 50-445/75-05 & 50-446/75-05.Corrective Actions:Reactor Cavity Areas Containing Most Damage Removed as Part of Safeguards Bldg Excavation
References
FOIA-87-535 NUDOCS 8905050048
Download: ML20245K421 (4)

Text

s cD RiC%

A O ff [gg O

UNITED STATES glgic.<K,'E fj NUCLEAR REGULATORY COMMISSION - [)'[1 l  %

, WASHINGTON, D, C. 20555 '

' l ,g

%] .o j, March 1, 1985 MEMORANDUM FOR: Sharon R. Connelly, Director Office of Inspector and Auditor THRU: George H. Messenger, Deputy Director, DIA Hollis Bowers, Acting AD/I, 0IA FROM: Henry S. Blumenthal, Investigator gW Office of Inspector and Auditor

SUBJECT:

TELEPHONE CONVERSATION WITH BILLIE GARDE CONCERNING WATERFORD 3 ALLEGATIONS On February 28, 1985, at approximately)1:30 Government Accountability Project (GAP called p.m., Ms. Billie to discuss Garde a date forofinterview the concerning her 13 generalized Waterford 3 allegations. Garde indicated that she was going to be on travel most of next week (March 5, 6, and 7,1985) and could possibly be. available for interview on Friday, March 8,1985.

Ms. Lynne Bernabei, who Garde has indicated previously as having many details concerning Paterford 3, would also perhaps be available on March 8,1985 for interview.

I indicated to Garde that I preferred to interview both her and Bernabei during the same interview and that I planned to use a court reporter. Garde indicated strong objection to the use of a court reporter. She stated, however, that she will confer with Bernabei before consenting to such an interview. Garde cited her possible disclosure of confidential sources as the basis for objecting to the use of a court reporter during interview.  !

l Garde promised to convey to George Mulley, during their upcoming meeting on March 4,1985 concerning Comanche Peak allegations, her decision concerning the use of a court reporter during interview.

Ina. 85-11 )

Oh05050040B90425 l PDR FOIA PDR BAUMAN87-535 ,

. s- 2

~.'!)~

ff

~

X g:

and.myself. Complete and candid communication is required between the;oIA staff and myself in order to decide when.the office should institute an investigation and where its focus should be. After investigations are completed, the investi-gators give me a candid analysis of whether there are any violations of NRC regulations or Federal statutes. I agree with the-agency's longstanding position that exposing these parts of the decisionmaking process to the public vould adversely affect the quality of future agency decisions.

Second, if predecisional information is released, it might be confusing to the public because assumptions of guilt might be made merely because an investigation is being performed.

The portions of document '272 which OIA.is withholding do not contain any reasonably segregable factual information. Therefore, these portions were determined to be exempt frcm compulsory disclosure pursuant to 5 U.S.C.

f .55 2 (b) (5) .

4. Exemption 7(f.L. The Task Force referred to OIA potential violations of NRC regulations.under the Atomic Energy Act for OIA reviev and investigation as appropriate.

OIA is still involved in reviewing these items. Portions of document 272 in the Vauchn Index (Attachment 1 hereto) contain statements that could jeopardine the ongoing OIA investigative effort. Disclosure of information regarding i

engoing investigations could impede the investigatorif 4 l

n I

A effort. Should the potential targets of an investigation learn the current' status of the investigation, actions could be taken t cover up" any wrongdoing and.thereby avoid detection. The entire investigation could be. jeopardized by premature release of information. Furthermore, OI is.

, dependent upon cooperation to gather needed information. If

. e the statements of the individuals who provided information to the NRC were release during the pendency of an ongoing investigation, it could-jeopardize the ability or w illingness of individuals to provide additional information for the investigation. Should the NRC lose'the cooperation-of allegers and witnesses through premature disclosure of investigatory files, the NRC would be stripped of an H

important investigative tool. Consequently, portions of document 272 were determined to be exempt from comp,ulsory disclosure pursuant to 5 U.S.C. 9 552 (b) (7) (A) .

CONCLUSION

5. It is the agency's position that portions of one document should continue to be withheld. A release of information about OIA's receipt and review of allegations, and any investigation prior to OIA preparing a final report of investigation would cause substantial harm to the agency's deliberative process in formulating a decisien about any violation of NRC regulations or Federal statutes. i

/

'. A O l <

6.. Consequently, there is an overriding public 4

interest that the information should continue to be withheld j so as to. prevent harm to OIA's investigatory and deliberative processes and to foster effective government decisionmaking in the future.

I affirm under penalty of perjury that the foregoing is true and correct. Executed on 4/5d/2[,

1985.

JAVr HOLLIS BOWERS Acting Ansistant Director for Investigations Office of Inspector and Auditor U.S. Nuclear Regulatory Commission 5

..__.___.___._.____.____...._______.____i