NRC OIG investigation into safety concerns at Diablo Canyon
| Tracking # |
FOIA-2023-000022 |
| Submitted | Sept. 20, 2022 |
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Communications
From: Greg Schwartz
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
It was reported in 2015 that the NRC’s inspector general was investigating whether the commission made a mistake when it allowed PG&E to change earthquake safety standards at the Diablo Canyon nuclear plant, located in San Luis Obispo County, Calif., without holding public hearings. It was also reported that the NRC IG’s office was additionally looking into whether NRC and PG&E colluded to dismiss safety concerns by Diablo Canyon's former safety inspector Michael Peck. I seek any and all records related to these investigations and the final report(s).
Mr. Peck has told me that he filed FOIA requests for the report on these investigations annually, only to be told that several times that it was being withheld because it was an "ongoing criminal investigation." But then when he filed his last FOIA request about two years ago, he was told that no such records existed! This is simply not plausible, since we know for a fact that such an investigation was launched and that Peck was interviewed during the process. There must be some kind of report on the outcome.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Greg Schwartz
From: Greg Schwartz
Hi,
I see now that Mr. Peck misinterpreted your responses to some degree. In 2017, your response to his FOIA request said the report was being withheld because “Disclosure could reasonably be expected to interfere with an open enforcement proceeding.” Then the 2018 response said no responsive documents could be found, but with the caveat of "At this juncture, due to the pendency of OIG's investigation of this matter, no Report of Investigation has been written." Be that as it may, I would still request the results of this report which surely has been written now that it's 4 years later?
From: Nuclear Regulatory Commission, Office of Inspector General
Good afternoon. I am very puzzled.
I do not see that the NRC received a FOIA request on or about September 20, 2022 or since pertaining to the Diablo Canyon matter. If the mention of a “follow up to a previous request” refers to FOIA requests from years ago, such as the 2017 and 2018 quotes included in your email, please confirm that.
I gather your intention is to submit a FOIA request to the NRC for any OIG report looking into the Diablo Canyon matter. Is that correct?
In order to log in such a request, I will need the requester’s name, physical address (even if we are going to respond electronically), and if possible, a telephone number for any communications that may become necessary. Please respond to FOIA.Resource@nrc.gov<mailto:FOIA.Resource@nrc.gov>, rather than my own email address.
Margo L. Stevens
FOIA Analyst/Team Leader (Pathfinder Consultants Contractor)
OCIO/GEMS/FLIC
U.S. Nuclear Regulatory Commission
Mail Stop: TWFN-06A-60M Office Location: TWFN-06A-00
Rockville, Maryland 20555-0001
Telephone #: (301) 415-8148
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From:
Good morning Greg.
Acknowledgment letter signed by Stephanie A. Blaney, FOIA Officer. No hard copy to follow. If you are unable to open the document, please let us know by return email (addressed either to me, or to FOIA.Resource@nrc.gov ) or call 301-415-7169.
Please do not reply to noreply@ains.com; this email box does not accept incoming messages. To contact the assigned FOIA Specialist, please respond to margo.stevens@nrc.gov. If you are interested in receiving information from the NRC FOIA program, subscribe to our distribution list
Thank you.
Margo Stevens
From:
Good morning Greg.
We are pleased to inform you that we have completed work on the above-referenced FOIA request. Attached is a copy of the Form 464-OIG response, as well as the released set of records. Please take a moment to help us improve our FOIA processes and let us know what your experience has been. Just click on this embedded link http://www.nrc.gov/reading-rm/foia/foia-user-survey.html . Once you have completed the survey, just click the "SUBMIT" button and your survey response will be returned to us. (Note: You will need Adobe Reader in order to complete the survey online. If you do not already have Adobe Reader, you may download it for free at http://get.adobe.com/reader/.) Please do not reply to noreply@ains.com; this email box does not accept incoming messages. To contact the assigned FOIA Specialist, please respond to margo.stevens@nrc.gov.
Thank you. Margo Stevens
(301) 415-8148
From: Nuclear Regulatory Commission, Office of Inspector General
Good morning Greg. We are pleased to inform you that the Inspector General (IG) has completed his consideration of the above-referenced FOIA appeal. A copy of the IG's appeal response is attached. Please take a moment to help us improve our FOIA processes and let us know what your experience has been. Just click on this embedded link http://www.nrc.gov/reading-rm/foia/foia-user-survey.html . Once you have completed the survey, just click the "SUBMIT" button and your survey response will be returned to us. (Note: You will need Adobe Reader in order to complete the survey online. If you do not already have Adobe Reader, you may download it for free at http://get.adobe.com/reader/.) Please do not reply to noreply@ains.com; this email box does not accept incoming messages. To contact the assigned FOIA Specialist. please respond to margo.stevens@nrc.gov. Thank you. Margo Stevens
Team Lead/FOIA Analyst (Pathfinder Consultants, LLC)
301-415-8148
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