ML20126D965

Further Response to FOIA Request for Documentation Re D Hatley Allegations Conerning Facilities & Employment Discrimination Case Against Brown & Root,Inc.App B Documents Withheld (Ref FOIA Exemptions 5,6 & 7)

ML20126D965
Person / Time
Site:	Comanche Peak
Issue date:	04/03/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Kohn S GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-84-876 NUDOCS 8506150255
Download: ML20126D965 (3)

Text

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Mr. Stephen Kohn Clinical Director IN RESPONSE REFER Government Accountability Project TO F01A-84-876 1555 Connecticut Avenue, NW Suite 202 Washington, DC 20036

Dear Mr. Kohn:

This is in further response to your letter dated November 20, 1984, in which you requested, pursuant to the Freedom of Information Act (F0IA),

documents concerning Dobie Hatley and her allegations concerning Comanche Peak and her employment discrimination case against Brown &

Root.

The documents listed on the enclosed Appendix B are being withheld in their entirety pursuant to Exemption (7)(A) of the F0IA (5 U.S.C. '

552(b)(7)(A)) and 10 CFR 9.5(a)(7)(1) of the Comission's regulations because disclosure of these documents would interfere with an ongoing enforcement proceeding. Disclosure of this information could allow those being investigated to learn the scope, direction, and focus of investigatory efforts, and thus could possibly a~.. . hem to take action to shield potential wrongdoing or a violation of NRC requirements from investigators.

In addition, documents 4 and 5 are bein pursuant to Exemption (5) of the F0IA (g withheld 5 U.S.C. 552(b)(5))from public and 10 CFR disclosure 9.5(a)(5) of the Comission's regulations. These documents are drafts containing preliminary advice, opinions, and recomendations of members of a Field Office to the Director, Office of Investigations. Disclosure would inhibit the frank and candid exchange of communications in future

' deliberations and thus would not be in the public interest.

I In addition, documents 2, 8, 10, 13, 14, 15, 17, 18, 19, and 20 contain informatiore, the disclosure of which could cause a clearly unwarranted invasion of the personal privacy of several individuals. This information is being withheld from public disclosure pursuant to Exemptions (6) and (7)(C) of the F0IA (5 U.S.C. 552(b)(6) and (7)(C))

and 10 CFR 9.5(a)(6) and (7)(iii) of the Comission's regulations.

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

Hayes, Director, Office of Investigations.

p g 61 g 5 850403 MOHN84-876 PDR L

Mr. Stephen Kohn This denial may be appealed to the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

This completes action on your request.

Si rely, J. . Felton, Director Division of Rules and Records Office of Administration

Enclosure:

As stated i

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F01A-84-876 APPENDIX B

1. Undated Allegation Data Form (1 page)

2. Undate<' Affidavit of A11eger (7 pages)

3. Undr DivisionofLicensingLetter(3pages)

4. Undatea OI Investigation Case Transmittal Letter (Draft)

(2pages)

5. Undated Report of Investi 4-84-025 with related exhibits (Draft) gation No.(848pages)

6. 2/7/84 InvestigationStatusRecord(2pages)

7. 2/13/84 Memorandum to File from Ben B. Hayes re: Comanche Peak (3 pages)

8. 3/9/84 Memorandum to R. K. Herr from D. D. Driskill re: Dept. of Labor receipt of complaints by two individuals (1 page)

9. 3/16/84 OI Headquarters Memorandum to File (1 page)

10. 3/16/84 Complaint Filed with U.S. Department of Labor (3 pages) 11, 3/19/84 Letters from an organization (10 pages)

12. 3/19/84 ASLB document (9 pages)

13. 3/20/84 Affidavit of an individual (11 pages)

14. 3/20/84 Affidavit of an individual (6 pages)

15. 3/20/84 Affidavit of an individual (10 pages)

16. 3/27/84 Memorandum to Chairman Palladino from Ben B. Hayes re:

NotificationofOpeningofOIInvestigation(1page)

17. 3/29 - U.S. Departments of Justice and Labor Letters (13 pages) 8/27/84

18. 4/16 - Investigator'shandwrittennotes(94pages)  !

9/3/84

19. 6/27/84 Letter to U.S. Department of Labor from a law firm with enclosures (73 pages)

20. 7/5/84 Letter to U.S. Department of Labor from a law firm with ,

l enclosure (3 pages)