ML20137H113

Second Partial Response to FOIA Request for Documents. Forwards Documents Listed in App D.Documents Also Available in Pdr.Documents Listed in App E Withheld in Part (Ref FOIA Exemption 6)

ML20137H113
Person / Time
Site:	Fort Saint Vrain
Issue date:	03/24/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Sauro B AFFILIATION NOT ASSIGNED
Shared Package
ML20137H118	List: ML20137H113 ML20137H133 ML20137H173 ML20137H237 ML20137H247 ML20137H255 ML20137H265 ML20137H295 ML20137H311 ML20137H320 ML20137H353
References
FOIA-96-434 NUDOCS 9704020060
Download: ML20137H113 (6)

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/ INFORMATION ACT (FOIA) REQUEST DATE cegge N 24 N DOCKET NUMBE R(Si(/Iapphcable/

EOUE ST E R PART 1, AGENCY RECORDS RELEASED OR NOT LOCATED (See checAedbones/

N 2 agency records subject to the request have been located.

No additional agency records subject to the request have been located.

Requested records are available through another public distribution program. See Comments section.

Agency records subject to the request that are identified in Appendix (es) are already available for public inspection and copying at the 14RC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix (es) ,, _ are being made available for pubhc inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this F OI A number.

Tb nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document Roum identified in the Comments section.

Enclosed is information on how you may obtain access to and the charges for copying records locatad at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

[ Agency records subject to the request are enclosed.

Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

Fees You will be billed by the NRC for fees totahng S You will receive a refund from the N RC in the amount of S In vi1w of NRC's response to this request, no further action is being taken on appeal letter dated , N o.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cert;in information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in P;rt II, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and copying in the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number. '

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• F01A NUM2ERIM DATE RESPONSE TO FREEDOM OF 3 INFORMATION ACT (FOIA) REQUEST FOIA -c%9J Y ME 2 41997 (CONTINUATION) l PART 11 B- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.

1. The withheld information is property classified pursuant to Executive Order. (Enemption 1)

2. The withheld mformation relates solely to the mternal personnel rues and procedures of NRC. (Exemption 2) l l3. The withheld mformation is specifically esempted from pubbc disclosure by statute indicated. (Exemption 3)

Sections 141-145 of the Atomic Energy Act. which prohibits the disclosure of Restricted Dcta or Formerly Restricted Data (42 U.S.C. 2161-2165L Section 147 of the Atomic Energy Act. which prohibits the disclosure of Unclassified Sa'eguards information (42 U.S.C. 2167).

4. Th3 withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indscated. (Ememption 4)

The mformation es considered to be confidential business (propnetary) information The mformation is considered to be propnetary mformation pursuant to 10 CFR 2 790idH11 The mformabon was submitted and received in confidence pursuant to 10 CFR 2 790tdH21

6. Tta withheld 6nformatior* tonsists of mteragency or miraegency records that are riot avseiable through discovery durmg litigation (Exemption SL Appl. cable Privilege:

Dehberative Process. Disclosure of predecisional information would tend to inhibit the open and frar* earhange of ideas essential to the deliberative process .

Where records are withheld m their entirety, the facts are enestricably intertwmed with the predecisionalinformer on T sere also are no reasonably seJregable f actual portions because the release of the dacts would permit an mdirect inQuery into the predeciponal process of the agency Attorney work product privilege IDocuments prepared by am crorney m contemple. tion of litiganon ,

Attomey client privilege. (Corifidential communications betweea a stomey and his/her chant.)

6. The withheio mformatiors is enempted from public disclosure hecause its disclosure would result m a clearly unmarranied mvasion of personal privacy (Exemption 6)

7. The withheld mformation consists of records compiled for law enforcement purposes and is being withhe6d for the reasontal indeCated (Exemption 7)

Disclosure could reasonably be expected to mtarfare with an enforcement proceeding because vt could reveal the scope, direction. and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from lnvestigators. (E uomption 7 ( AH Disclosure would constnute an unwarranted msas on of personal privacy. (Exemption 7(CH The mformation consists of names of individuals and other information the disclusu er of Whech could reasonat ly be espected to reveal identities of Confidential sources. (Ememption 7 (DH QTHER  !

l PART 41. C-DENYING OFFICIALS Pursuent to 10 CF R 9 25(b) and or 9 25(cl of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the mformation withheld is exempt from pro-duction or disclosure, and that its production or daciosure is contrary to the pubhc mterest. The pirrsons responsible for the demai are those officials identified below as denymg officEls $nd the D. rector. Division of Freedom of Information and Pubhcations Services. Office of Administration, for any demals that may be appealed to the E Pecutive Director for Operations (E DOL DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE OFFICIAL  !

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l PART II. D- APPEAL RIGHTS l The damal by each denymg official scentified in Part it.C may be appealed to the Appellate Official identif:ed there. Any such appeal must be made in writing withm 30 days of enceipt i Ef this response. Appeals must be addressed, as appropriate, to the E mecutive Director .wr Operations, to the Secretary of the Commission, or to the inspector Generat. U.S. Nuclear l Regulatrey Commisuon. Washington. DC 20555. and should clearly state on the envelope and m the letter that it is an " Appeal from an initial FOf A Decision."

Nic FORM 464 (Part 2) (1,91) U.S. NUCLEAR REGULATORY COMMISSION l

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i Re: FOlA-96-434 APPENDIX D  !

RECORDS BEING RELEASED IN THEIR ENTIRETY

!EL DATE DESCRIPTION /(PAGE COUNTI f t

1. Various 01 Case Chronology (1 page)

Dates

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2. Various investigation Status Record (2 pages) l Dates '

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3. 04/18/95 Fascimile Sheet to S. Chesnutt from J. Armenta, with attached note (2 pages)

4. 08/17/95 Memorandum to L. J. Callan from E. L. Williamson,

Subject:

Fort ,

, St. Vrain: Alledged Deliberate Failure of Contract Employee to l Perform Daily Response Checks on Portable Contaimination )

l Monitor (Case No. 4-95-015) (1 page)

5. 12/29/95 Memorandum from E. Williamson to L. Callan,

Subject:

Assist to r Inspection Closure (1 page)

6. 08/17/95 01 Report of Investigation 4-95-015, Fort St. Vrain, Alleged Deliberate Failure of Contract Employee to Perform Daily Response Checks on Portable Contamination Monitor with Exhibit 1 (12 pages)

7. 02/28/94 Memo to All WT Employees from H. Carson Calton,

Subject:

Group Sessions Feedback and Actions (2 pages)

8. 03/25/94 Preliminary Notification of Event or Unusual Occurrence, PNO-IV-94-012 (2 pages)

9. 04/05 Handwritten Notes of Interview of M. Malone by R. Evans,

Subject:

Third Falsified Record (3 pages)

10. 05/05/94 Memorandum For Russ Wise from Samuel J. Collins, Subject.  !

Review of Ol Transcripts for Safety / Technical Issues with l interviews fron. K. L. Zahrt, C. Calton, M. H. Holmes, F. J. Borst, l M. E. Niehoff, M. J. Fisher, J. E. Parsons, D. W. Warembourg, and M. Kachun (12 pages) l

11. 07/15/94 Letter to Public Service Company of Colorado frm Samuel J.

Collins,

Subject:

Management Meeting for August 4,1994 (3 pages)

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Re: FOIA-96-434 APPENDIX D (Continued)

RECORDS BEING RELEASED IN THEIR ENTIRETY M PATE DESCRIPTIQN/IP_ AGE COUNT)

12. 04/12/95 Memorandum for Charles L. Cain from Robert J. Evans,

Subject:

Summary cf Meeting Held at Fort St. Vrain (4 pages)

13. 06/03/95 Note to multiple addressees, including Joe Callan, from Gary Sanborn, Enforcement Officer with annotations,

Subject:

014 010 (Fort St. Vrain), issued 5/26/95 (1 page)

14. 06/16/95 Letter to Public Service Company of Colorado from Samuel J.

Collins,

Subject:

Enforcement Conference with Fort St. Vrain scheduled for June 1,1995 with attachments for Meeting Summary (76 pages)

15. 08/18/95 Notice of Licensee Meeting,

Subject:

Predecisional enforcement conference to discuss the apparent violation of 10 CFR 50.5 and 50.9 during decommissioning activities at Fort St. Vrain (4 pages)

16. 08/25/95 Note to multiple addresses from William Jones,

Subject:

014 015 Alleged deliberate failure of Contract Employee to Perform Daily Response Checks on Prtable Contaminatyion Monitor (Fort St. Vrain) (2 pages) 17, 08/29/95 Predecisional Enforcement Conference Agenda with annotations (2 pages)

18. 10/30/95 Letter to Roland Sawyer from L. J. Callan, Regional Administrator,

Subject:

Notice of Violation (NRC Investigation 4-94-010) (5 pages)

19. 10/30/95 Letter to Michael Miles from L. J. Callan, Regional Administrator,

Subject:

NRC Investigation No. 4-94-010 (2 pages)

20. 10/30/95 Letter to James Bixby from L. J. Callan, Regional Administrator,

Subject:

NRC Investigation No. 4-94-010 (2 pages)

21. 10/30/95 Letter to Robert Rankin from L. J. Callan, Regional Administrator,

Subject:

NRC Investigation No. 4-94-010 (2 pages)

22. 10/30/95 Letter to Craig Thorp from L. J. Callan, Regional Administrator,

Subject:

NRC Investigation No. 4-94-010 (2 pages)

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l l Re: FOIA-96-434 f

APPENDlX D (Continued)

RECORDS BEING RELEASED IN THEIR ENTIRETY  !

lEL DATE DESCRIPTIONhPAGE COUNT)

23. 10/30/05 Letter to David Hatch from L. J. Callan, Regional Administrator,  ;

Subject:

NRC Investigation No. 4-94-010 (2 pages)  !

24. 10/30/95 Letter to Dennis Beierte from L. J. Callan, Regional Administrator, !

Subject:

NRC Investigation No. 4-94-010 (2 pages)

25. 10/30/95 Letter to John Ray from L. J. Callan, Regional Administrator, ,

Subject:

NRC Investigation No. 4-95-015 (2 pages) j 26, 11/12/95 Letter to U.S. NRC from Kenneth L. Zahrt,

Subject:

Reply to Notice of Violation (NRC No. 4-94-010) (2 pages) l

27. 11/17/95 Note to multiple addresses from Gary Sanborn, Subject; Zahrt Response to NOV (IA 95-046) (1 page) ,

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28. 11/22/95 Note to Bill Brown, Dwight Chamberlain and Office of  !

Enforemement/lA File from Gary Sanborn,

Subject:

Transcripts of l interviews with Zahrt and Sawyer (IAs95-046; 95-047) with attached 11/21/95 memo to G. Sanborn from E. L. Williamson (2 Pages)

29. 01/08/96 Letter to U.S. NRC, Document Control Desk, from Roland E.

Sawyer,

Subject:

Reply to Notice of Violation (NRC Inv No. 4 010) (2 pages)

30. 04/02/96 Letter to Mr. Roland Sawyer from L. J. Callan, Regional i Adm.inistrator,

Subject:

Revision of Notice of Violation Issued  !

October 30,1995 (5 pages) J i

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Re: FOlA 96-434 APPENDIX E RECORDS BEING WITHHELD IN PART i

.i l N(L DATE DESCRIPTIONHPAGE COUNTl/ EXEMPTIONS I

1. 11/27/95 Letter to L. J. Callan from James M. Bixby,

Subject:

Reply to NRC t investigation No. 4-94-010 (2 pages) EX. 6 l

2. 12/94 Report of Independent Counsel Investigation Concerning issues at the Fort St. Vrain Nuclear Generating Station Decommissioning  :

Project, APPENDIX A. Detailed Analysis of Backdated 1992 l Release Survey Forms (128 pages) RELEASED j APPENDIX B. Detailed Analysis of Backdated 1993 RWP Survey Forms (251 pages) RELEASED  ;

i APPENDIX C. Analysis of Hot Service Facility Block Survey Form

- September 27,1993 (230 pages) EX. 6 APPENDIX D, Comments by MKF and Westinghaouse Team and Responses (24 pages) RELEASED l

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i . Haligman and Lottner FO%/PA REQUEST l A Professional Corporation Case No; 96 - N Y ,

Attorneys at Law Date Rec'd. /*-45'N I Action Off: _Eu [ l Od",'s'i lnInyle Nodh OClober 15, 1996 pow rae _

, Suiti2700

DInver, colorado 80202 3635 Director .

2 l jf*Q*),3 3/342- Division of Freedom of Information and Publications Services Office of Adodnistration

!$3To@"'*" U.S. Nuclear Regulatory Commission l "fj%l'n *" Washington, D.C. 20555 Marstil H Fishman RchardJ Saul gaiy, glchlitz11 Re: Freedom of Information Act Request

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curt Todd To the Director:

J: net E. Ptristein ,

Steven B. Epstein 1 dc**nC5"d"frp'n"y Pursuant to the Freedom ofInformation Act and Federal Regulations, we  !

"$ig,E r s&*o"Y request copies of the following records:

Terri Deth Cohen Mchael S. Fnedman 1 yin"J,y,"5hnan , 1. All files, records, correspondence, documents, exnibits, transcripts, witness statements, witness interview transcripts or any other information relating to:

l (a) Notice of Violation dated October 30, 1995 addressed to Scientific Ecology Group regarding NRC Inspection Report 50-267/94-03 and Office of Investigations Reports 4-94-010 and 4-95-015.;

(b) NRC Inspection Report 50-267/94-03 (issued June 15, 1994);

(c) Office of Investigations Reports 4-94-010 and 4-95-015; .

l (d) Notice Of Violation addressed to Kenneth Zahrt dated i October 30,1995, IA 95-046, NRC Investigation No. 4-94-010; and (e) Any other information relating to Case Nos. EA 95-185 and  :

EA 95-164. I 1

2. All files, records, documents, exhibits, correspondence, transcripts, witness statements, witness interview transcripts or any other information related to the Revised Notice of Violation sent to Scientific Ecology Group, Inc., EA 95- l 164, NRC Inspection Report 50-267/94-03 and Office ofInvestigations Report 4- l 94-010 and 4-95-015 dated April 2,1996.

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93467.1/23340-1/MBWI Eofs3NnstE*8w Washington, D C. 20036

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if Haligman and Lottner A Professional Corporation l

l Attorneys at Law j Director l r Page 2 l '

1 October 15, 1996

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i 3. I.etter from the NRC dated August 8,1995 to Scientific Ecology

] Group, Inc. (to the attention of Don Neely, Vice President, 628 Gallaher Road,  ;

Oak Ridge, Tennessee 37763).  ;

4. Any communication between the NRC and Kenneth Zahrt and/or

! his attorney regarding the Notice of Violation issued to Mr. Zahrt or appeal l j thereof.  !

5. All documents delivered to NRC by Kenneth Zahrt or his counsel i- regarding the Notice of Violation IA 95-046, NRC Investigation No. 4-94-010, cr f,ny appeal thereof. l i

q Please forward copies of these records to Jeffrey A. Hyman, Esquire and i Brenda M. Sauro, Esquire, Haligman and Lottner, P.C.,633 Seventeenth Street, j Suite 2700, Denver, Colorado 80202.

4 If the amount of fees involved to process this request is in excess of

$250.00, please contact Jeffrey A. Hyman or Brenda M. Sauro at (303) 292- .

I 1200. Any amount less than $250.00 is acc,ptable and we agree to pay such i amount when required.

• Thank you for your cooperation.

1:

l Very truly yours, HALIGMAN AND LOTTNER, C.

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p #4 UNITED STATES ' '

1,, NUCLEAR REGULATORY COMMISSION

{' ' .- i  ; OFFICE OF INVESTIGATIONS FIELD OFFICE. REGION IV

• . t 611 RYAN PLAZA DRIVE. SUITE 400 ARLINGTON, TEXAS 76011 8064

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. h . ' ' August 17, 1995 MEMORANDUM TO: L. J. Callan, Regional Administrator Region IV FROM: E.L.Williamson, Director!.

Office of Investigations Field Office, Region IV

SUBJECT:

FORT ST. VRAIN: ALLEGED DELIBERATE FAILURE OF CONTRACT EMPLOYEE TO PERFORM DAILY RESPONSE CHECKS ON PORTABLE CONTAMINATION MONITOR (CASE NO. 4-95-015)

Attached, for whatever action you deem appropriate, is the Office of  !

Investigations (01) Report of Investigation concerning the above matter.

Neither this memorandum nor the report may be released outside the NRC without i

the permission of the Director, 01. Internal NRC access and dissemination j i

1 should be on a need-to-know basis. Treat as " Official Use Only."

Attachment:

Report w/ exhibits .j l

cc w/ attachment:

J. Lieberman, OE l

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