ML20057B804
| ML20057B804 | |
| Person / Time | |
|---|---|
| Issue date: | 12/19/1983 |
| From: | Fitzgerald J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20049A457 | List:
|
| References | |
| FOIA-92-436 SECY-83-513, NUDOCS 9309240026 | |
| Download: ML20057B804 (8) | |
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POLICY ISSUE (Notation Vote)
SECY-83-513 December 19, 1983 The Commissioners To:
From:
James A.
Fitzgerald Assistant General Counsel FOIA-83-A-32; APPEAL FROM FOIA-83-322
Subject:
DELETING INFORMATION
Purpose:
To advise the mmission of a FOIA
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Appeal _which, in our opinion, Discussion:
The requestor sought NRC documents relating to allegations that the ITT Grinnell Corporation altered weld I
radiographs.
Sixteen documents were identified as responsive.
Of that number, Region IV deleted the names of non-NRC individuals from four documents under Exemption 7 (D) (confidential i
sources of information) and OIA deleted the names of FBI Agents from two docu-ments under Exemption 7 (C) (personal privacy).
The instant appeal (attached)
OIA.grns only the deletions made by cone See 10 CFR 9.15(a).
l 1The requestor has also filed an appeal with the EDO concerning the information withheld by Region IV.
Contact:
C. Sebastian Alcot, OGC i
X43224 information in this record was deMed in acccrdance with ifpeedom cf Information Act, exemptions 9309240026 930428 h
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Recommendation:
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V Assistant General Counsel
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Attachment:
l (1) Instant Appeal (2) Draft letter to David Fuqua Commissioners' comments should be provided directly to the
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Office of the Secretary by c.o.b. Friday, January 6, 1984.
DISTRIBUTION:
COMMISSIONERS OGC OPE SECY l
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WALLACE. HILBURN, CLAYTON, CALHOoN & FORSTER, LTD.
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Eio Tw,tOO.-r-E,w.= City Su.. Su,m,Ma So" 3727,iio JOHN R CLAYT ON vELEX 783078AnnLAw Owr aivERFRONT PL ACE REN F CALMOON SC Ory,. yAu...i
NORTH LITrLE Rock, ARKANSAS 7211a3 00T 24 All G
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ERNEST H. M ARPER. JR CH ARLE S L SMITH JOHN L P4UNiSMI til ROSERT L AODDEV ANET L JAMES DA VID M FVQue JOSEPH H PUR VIS PAULA JAMELL PHIL CAMPSELL CH ARLES N TH OM PS ON
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CAmpOLO Rev L DEMAli HENDERSON
- o. coumsts October 18, 1983 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Re:
FOIA-83-322; Appeal from an Initial FOIA Decision
Dear Mr. Secretary:
Please consider this letter as notice of appeal of denial of certain documents, as set forth in letter dated i
September 16, 1983, addressed to this writer by Donnie B.
Grimsley for J.
M.
Felton, Director, Division of Rules and Records, Office of Administration.
A copy of this letter, with its Appendix A, is attached hereto as Exhibit A.
Your prompt a ttention to this matter will be grea tly appreciated.
Sincerely, f,
i NT k i
iDavid MI Fuqua DMF:seb Attachment
EXHIBIT "A" p rc
'o UNITED STATES
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SEP 2 E E M E f 1983 September 16, 1983
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Mr. David W. Fuqua, Esquire Wallace, Hilburn, Clayton, Calhoon
& Forster, Ltd.
One Riverfront Place, 8th Floor IN RESPONSE REFER North Little Rock, AR 72114 TO FOIA-83-322
Dear Mr. Fuqua:
This is in further response to your letter dated June 9,1983, in which you requested, pursuant to the Freedom of Information Act, documents relating to alterations by ITT Grinnell Corporation of radiographs of welds in piping subassemblies.
Appendix A is a list of documents responsive to your request.
Documents 1 through 9 are released in their entirety.
Portions of documents 10, 11, 12, 13, and 14 are being withheld pursuant to Exemption 7(0).
This information consists of the names and personal identifiers of certain individuals.
Because disclosure of this information would disclose the identity of sources requesting confidentiality, it is being withheld from public disclosure pursuant to Exemption (7)(D) of the Freedom of Information Act (5 U.S.C.
552(b)(7)(D)) and 10 CFR 9.5(a) (7)(iv)) of the Commission's regulations.
Information in documents 15 and 16 is being withheld pursuant to Exemption 7(C).
This information consists of the names of Special Agents of the Federal Bureau of. Investigation.
Because disclosure of this information would constitute an unwarranted invasion of personal privacy, it is being withheld from public disclosure pursuant to Exemption (7)(C) of the Freedom of Information Act (5 U.S.C. 552(b)(7)(C)) and 10 CFR 9.5(a)(7)(iii)) of the Commission's regulations.
Pursuant to 10 CFR 9.9 and 9.15 of the Commission'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 persons responsible for the denial of documents 10, 11, 12, 13, and 14 are the undersigned and Mr. John T. Collins, Regional Administrator, RIV.
The remaining two documents, 15 and 16 are being denied by Mr. James J. Cummings, Director, Office of Inspector and Auditor.
t The denials by Mr. John T. Collins and myself may be appealed to the Commission's Executive Director for Operations within 30 days from the receipt of this letter.
As provided in 10 CFR 9.11, any such appeal must be
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2-Mr. David M. Fuqua in writing, addressed to the Executive Director for Operations, 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 FOIA
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Decision." The denial by Mr. James J. Cummings may be appealed within 30 days
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to the Commission and should be addressed to the Secretary of the Commission.
i This completes NRC's. action on your request.
Sincerely, fj
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J. M. Felton, Director Division of Rules and Records i
Office of Administration
Enclosures:
As stated h
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FOIA-83-322 Appendix A Exemption 1.
1/5/82 Memorandum for James J. Cummings from D. D. Driskill, subject:
" Alteration of Radiographs by Associated Piping and Engineering Company, Compton, CA.
2.
1/15/82 Letter to H. H. Anderson, Assoc. Piping from John T. Collins with enclosures.
3.
6/11/82 Letter to Uldis Potapovs from Helmut Thielsch with enclosures.
4.
9/15/82 Newspaper Article, "NRC Won't Cite Pipe Welders Who Enhanced X-Ray Films."
5.
9/30/82 Letter to Uldis Potapovs from Helmut Th'ielsch.
6.
10/15/82 Newspaper Article, " Altered Records Found at 7
Oswego Nuke Plant."
7.
11/26/82 Newspaper Article, " Technicians Find 17 Faulty Pipe X-Rays at AP&L's Nuclear One Power Plant."
8.
1/26/83 Memorandum to Edward L. Jordan from Villiam J.
Ward,
Subject:
"ITT Grinnell Corporation."
9.
7/14/83 Memorandum for Roger Fortuna from Richard Herr,
Subject:
"FOIA Request, ITT Grinnell."
- 10. 7/19/82 Memorandum for E. Jordan from E. H. Johnson,
Subject:
" Enhanced Radiographs."
(7D)
- 11. 3/16/82 Four Separate Interview Statements by Certain Individuals (7D)
- 12. 2/22/82 Investigation Report No. 99900070/81-02 with enclosures.
(7D)
- 13. 1/14/83 Report of Inquiry, Report No. Q4-82-029 (4-82-003) with enclosures (7D)
- 14. 5/14/82 Letter to ITT Grinnell Industrial Piping from Uldis Potapovs with enclosures.
(7D)
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FOIA-83-322 Exemption 15.
3/9/83 Memorandum for File from Mark E. Resner,
Subject:
" Referral of Associated Piping and Engineering Corp./ITT Grinnell Industrial Piping, Inc. - Falsification of Radiographs to DOJ."
(7C) 16.
3/18/83 Letter to FBI from James J. Cummings.
(7C)
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