ML20067A530

Forwards Application to Withhold Identities of Individuals Providing Statements to NRC from Public Disclosure

ML20067A530
Person / Time
Site:	Nine Mile Point
Issue date:	04/22/1983
From:	Dise D NIAGARA MOHAWK POWER CORP.
To:	Starostecki R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
Shared Package
ML20066H485	List: ML20067A530
References
FOIA-90-270 NUDOCS 9102070285
Download: ML20067A530 (5)

Text

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U V NIAGARA

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W1AQARA MOHAWK POWER CORPORATIONm0 Erit SoutivARD *t&T. STRACyst N Y 1)?07/TEt[PHoNC (31$) 4741$11 i

Apdl 22,1983 i

United States Nuclear Rogulatory Commission Region 1 631 Park Avenue King of Prussia-Pennsylvania 19406-

Subject:

Investigation No. 50-410/1-82-078

- Application to Withhold Information Prom j

- Public Disclosure 3

3 Attn: Mr. -Richard W. Starostecki, Director Division of Project and Resident Programs Gentlemen:

Pursuant to Section 2.790(b)(1) of the Regulations of the

- Nuclear Regulatory Commission,10 CPR $ 2.790(b)(1), Niagara

M_oha_wk Power Corporation hereby makes application to withhold ~

from public'disclosum portions of written statements provided to

?

NRC Investigators by certain employees of Stone and Webster

' Engineering Corporation during the subject investigation and

. transmitted by letter to Niagara Mohawk Power Corporation on' March 24,- 1983. Specifically,' Niagara Mohawk Power Corporation

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requests that certain portions.of the statements that disclose information which might reasonably lea'd to the ascertainment of

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the identities of the individuals providing the statements be with-held from disclosure.-

Disclosure of the identities of the individuals-providing

- statements to the Commission would be an unwarranted invasion of their privacy and_would disclose the identity of confidential

~ sources. That the Commission chose to expunge the ' names and some of the identifying information in the statements evidences the Commission's intention to protect the confidentiality and privacy of these individuals. We believe, however, that the deletions performed by the Commission do not adequately protect 9102070285 901011 PDR-FOIA

-PERSON 90-270 PDR w

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1Qi Mr. R. Starostock! April 22,1983 the identity of the individuals concerTied. Indood, some of the deleted material is still readable. For example J even though both IIave been " expurgated".

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In support of this application, pleaso find enclosed three copics of our affidavit detailing the reasons for our request.

This letter and the attached affidavit contain information exempt from disclosure under the provisions of 10 CPR 0 2,790(a)(?)(ill) and (iv). F.xemption from disclosure for this letter and the attached affidavit is thereforo requested.

Legal argument and matters of law dircussed in this afft-davit were prepared with the assistance of legal counsel.

Very truly yours,

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Donald P. Dise Vlec President Quality Assurance DPD/GDW/gma Attachments

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< (f C UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION Niagara Mohawk Power Comoration)

Dock it No. 50-410 AFFIDAVIT IN SUPPORT OF APPLICATION FOR WITliliOLDING OF INFORMATION PROM PUBLIC DISCLOSURE

1. Donald P. Dise, being duly sworn depose and say that I am Vice Frc.ident, Quality Assurance fer Niagara Mohawk Power Corporation (NMPC), that I have been specifically delegated the function of reviewing the information sought to be withheld, that I am authorized to apply for its withholding on behalf of NMPC, and that on information and belief:

1) On March 24, 1953, Region 1 of the Nuclear Regulatory Commission sent to Niagara Mohawk Power Corporation, Attn. Mr. Gerald K. Rhode, a letter and accompanying enclosures,

Subject:

Investigation No. 50-410/1 078, signed by Mr. Edward G. Guenman for Richard W.

Starostecki, Director, Diviolon of Project and Resident Programs. This letter forwarded written statements obtained as the result of interviews conducted during the course of the investigation. Certain portions of the written statements were expunged from the documents by the Commission 3

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2 for the apparent purpose of protecting the identity and privacy of the individuals involved in the investigation. NMPC requests that additional portions of the statements that disclose information which 11 might reasonably lead to an ascertainment of the identities of individuals involved in the investigation be withheld from public disclosure. For purposes of clarity, those portions of the statements for which with-holding from disclosure has Leen requested have been underlined in red.

Copies of the appropriately marked statements are. attached as exhibit A.

NMPC requests that the indicated portions of the statements be withheld from public disclosure for the following reasons:

The identities of the individuals interviewed and the identities of the individuals named in the interviews are exempt from disclosure under the provisions of the Freedom of Information Act by 10'CFR 1

5 2.790(a)(7)(111) in that publication will constitute an unwarranted invasion of personal privacy. This exemption from disclosure applies not only t.o the names of the individuals but also to information that could plausibly reveal their identitles.- Pacheco v. Federal Bureau of

[n,vesticatiqn,, 470 F.Supp.1091,1098 (D.C. Puerto Rico,1979),

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10 CPR $ 2.790(a)(7)(iii) exempts from disclosure under the FOIA

"(I)nvestigatory records compiled for law enforcement purposes, but.only to the extent that the production of such records would... constitute -

an unwarranted invasion of privacy... "

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-S-public benefit derried from disclosure, release of information that could reasonably lead to the identification of these individuals would be arbitrary, capricious and an abuse of discretion.

I have read the foregoing document entitled " AFFIDAVIT IN SUPPORT Pg Of APPLICATION FOR WITHHOLDING OF INFORMATION" and I know the 4

contents thereof; the same is true to my own knowledge, except as to matters therein stated to be alleged upon information and belief and as to these matters I believe it to be true; and except as to matters therein stated as matters of law or legal argument, whicn netters have been provided by legal counsel, and as to those matters, I believe them to L

i be tm e.

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Donald P. Dise Vice President Quality Assurance Niagara Mohawk Power Corporation Subscribed and sworn before me this _)A[ day of ddu

,1983 G'

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