ML19294B508

Appeals Denial of FOIA Request for NRC Rept Re Investigation of Alleged Security Breaches at Facilities

ML19294B508
Person / Time
Site:	Quad Cities
Issue date:	01/20/1980
From:	Runningen R AFFILIATION NOT ASSIGNED
To:	NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-79-514, FOIA-80-A-2 NUDOCS 8003040349
Download: ML19294B508 (1)

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SMALL N EWSPAPERS 10S3 National Press Building, Washington, D.C. 20045 (202)393-0418 ROGER RUNNINGEN JAN.20,1980 Bureau Chief MPEAL OF INLTIAL E01A REC]Sl0_N D-A-2 C79-r/4)

EXECUTIVE DIRECTOR FOR OPERATIONS U. S. HUCLEAR REGULATORY QMilSSION (FOIAAPPEALLETTER: FOIA-79-5110.

WASHINGTON, D. C. 20555 DEARSIR:

ONN0v.30,1979, I REQUESTED DISCLOSURE OF'CERTAIN RECORDS OF YOUR AGENCY UNDER THE FREEDOM OF INFORMATION ACT, 5 U. S. C. a 552. THE RECORDS SOUGHT ARE LISTED IN WE LETTER OF REQUEST, WHICH IS ATTACHED.- ONJAN.2,1980, THE REQUEST WAS DENIED. A COPY OF THE DENIAL IS ATTACHED.

I HEREBY APPEAL FROM THE DENIAL OF THE REQUEST. I ALSO THAT YOU EXERCISE YOUR DISCRETION TO DISCLOSE ANY RECORDS WHICH YOU MAY REGARD AS EXE?1'T FROM REQUIRED DISCLOSURE UNDER THE ACT.

I LOOK FORWARD TO HEARING FROM YOU PROMPTLY.

SI ERELY 'R5,

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1063 National Press Building, Washington D.C. 20045 (202)393-0418 tbv. 30,1979 ROGER RUNNINGEN Bureau Chief th. J. M. FELTON, DIRECTOR '

DIVISION OF RULES no RESEARCH OFFICEOFSDMINISTRATION t h REGULATORY C0fHISSION DLSHINGTON, D. C. 20555 DEAR MR. FELTON:

~ PURSUANT TO THE FREEDOM OF }NFORFATION ACT, 5 U.S.C. s 552, AS AMEf0E I #1 REQUESTING DISCLOSURE OF THE FOLLOWING RECORDS FOR INS THE FINDINGS OF A " DRAFT" REPORT CONDUCTED BY THE NRC ON OR ABOUT CONCERNING ALLEGED SECURITY BREACHES AT COMrGWEALTH EDISON'S NUCLE PLANTATCORDOVA,ILL.

IHE INVESTIGATION WAS CONDUCTED BY THE NRC OF INSPECTION AND ENFORCEMENT AND COMPLETED IN THEJANUARY REPORTS 197 ARE IDENTIFIED BY WO NUMBERS: #50-25t!/77/14 AND #50-265/77/14.

IF YOU REGARD ANY RECORDS IN THE LIST AS EXEMPT FROM R UOER THE ACT, I REQUEST THAT YOU EXERCISE YOUR DISCRETION AfD DISCLOSE THE I FURTHER REQUEST THAT YOU DISCLOSE THE LISTED DOCUME AVAILABLE TO YOU, WITHOUT WAITING UtfrIL ALL THE DOClfENTS HAVE BEEN LOCATED.

I AM MAKING THIS REQUEST ON BEHALF OF THE DAILY DISPATCH GENERAL CIRCULATION BASED IN MOLINE, ILLINOIS. THE RECORDS DISCLOSED WILL BE USED IN PREPARATIC i 0F NEWS STORIES FOR PUBLICATION.

I ALSO REQUEST THAT YOU WAIVE ALL FEES IN THE PUBLIC IffTER DISCLOSURE WILL PRIMARILY BENEFIT THE PUBLIC. IF, HOEVER, YOU DECLINE TO WAIVE FEES, } AM PREPARED TO PAY YOUR NORPAL SEARCH FEES AND COPYING COSTS, IF NECES I REQUEST THAT YOU NOTIFY ME IF YOUR SEARCH FEES WILL EXCEED $20.

lLOOKFORWARDTOHEARINGFROMYOUPROPPTLY.

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!' ( g NUCLEAR REGULATORY COMMISSION g 9 E WASHINGTON. D. C. 20555 k ..... January 2,1980 Mr. Roger D. Runningen Small Newspapers 1063 National Press Building IN RESPONSE REFER Washington, DC 20045 TO FOIA-79-514

Dear Mr. Runningen:

This is in response to your letter dated November 30, 1979 in which you requested, pursuant to the Freedom of Information Act, the Nuclear Regulatory Comission's report on its investigation of alleged security breaches at Commonwealth Edison's nuclear power plant at Cordova, Illinois.

The report which is subject to your request, is an investigatory record compiled for law enforcement purposes and is being withheld from public disclosure pursuant to exemption (7)(A) of the Freedom of Information -

Act (5 U.S.C. 552(b)(7)(A)) and 10 CFR 9.5(a)(7)(i) of the Commission's regulations, because disclosure of the information would interfere with '

an enforcement proceeding.

The above-referenced section of the Freedom of Information Act exempts from mandatory disclosure " investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would (A) interfere with enforcement proceedings." The report at issue here was generated as the product of an investigation undertaken by the Nuclear Regulatory Commission's Office of Inspection and Enforcement in Ap ril-May , 1977. The purpose of the investigation was to determine the substance of allegations made regarding security and safety procedures at the Quad Cities Nuclear Power Station and to determine whether the circumstances warranted the initiation of enforcement action. It was concluded that the matter should be referred to the Federal Bureau of Investigation (FBI) under the applicable sections of the Atomic Energy A.c t . Such action was taken and the report at is:ue was for,tarded.

Upon inquiry, in connection with your request, the NRC was again advised by the FBI to withhold the NRC report from disclosure because release of the document would interfere with its ongoing enforcement proceedings.

In view of these circumstances, I have determined that production of the NRC report would interfere with enforcement proceedings and, accordingly, that the document is exempt from public disclosure.

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- 4 Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure, public and that its production or disclosure is contrary to the interest.

and Mr. Joseph E. Ondrula, Assistant Agent In Charge, Federal Bu Investigation.

This denial may be appealed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555 within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing and should clearly state on the envelope and -

in the letter that it is an " Appeal from an Initial F0IA Decision."

Sinc,erely,

/

J. M. Felton, Director

/ s Division of Rules and Records Office of Administration '

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