ML20129A311

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Forwards FOIA Request from B Garde for Documents Re Region II &/Or Ofc of Investigations Insp/Investigation of Issues Raised by Langley & Witnesses Testifying in Licensing Proceeding.Response Requested by 840130
ML20129A311
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 01/20/1984
From: Grimsley D
NRC
To: Denis Brady, Goode R, Reed C
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INVESTIGATIONS (OI), Office of Nuclear Reactor Regulation
Shared Package
ML20127B003 List:
References
FOIA-84-722 NUDOCS 8507270201
Download: ML20129A311 (7)
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', f. a UNITED STATES i NUCLEAR REGULATORY COMMISSION s mswuecToes. o. c. som

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.% Jtjt 23 PH 18 39 MEMORANDUrl FOR: Dick Brady Edward Shomaker NRR DELD ~ ~ '~ CI!!3CAI'.. ,-

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Roger Goode Carol Ann Reed I RII 01 FROM: Donnie H. Grimsley, Acting Chief Freedom of Information and Privacy Acts Branch

SUBJECT:

FOIA REQUEST FROM BILLIE GARDE FOR DOCUMENTS REGARDING REGION II AND/OR THE OFFICE OF INVESTIGATIONS INSPECTION /

INVESTIGATION OF THE ISSUES RAISED BY MR. LANGLEY AND THE THREE IN CAMERA WITNESSES WHO TESTIFIED IN THE CATAWBA LICENSING PROCEEDING (FOIA-84-48)

Please find enclosed a copy of the subject FOIA request. Please advise Frank Karas of sqy staff by January 26, 1984, of your response to the following:

(1) Does your office have documents subject to this request?

If yes: How much search time will be required? NOTE _:

If expected search time exceeds two hours, do not begin search until first ta_lking _to FOI_A Branch staff contact.

(2) Approximately how many documents do you anticipate will be withheld from public disclosure? What is their nature?

(3) When submitting documents responsive to the request, a careful review should be undertaken to identify to DRR (1) any material which safeguards, or should be withheld proprietary information,specifically)as and (2 all classified, records received from, or transmitted to one, or more Comissioners, or which contain substantive excerpts from records received from, or transmitted to, the Commissioners.

(4) Do you anticipate any problems in processing this request and responding in the allotted time?

(5) Which other offices might have documents subject to this request?

Please provide DRR with all documents subject to this request no later than NOON, January 30, 1984.

8507270201 850506 PDR FOIA DELL 84-722 PDR 7ef l-

2 Special Instructions regarding FOIA search requirements are attached.

If you have any questions, please telephone immediately the FOIA Branch contact listed below.

,gp , e N .l <* f*j Donnie H. Grimsley

Enclosure:

As stated CONTACT: Frank W. Karas 49-24610 SPECIAL INSTRUCTIONS: In conducting your search, you should search the official case files and also have those staff involved in the preparation, review and approval of actions taken to search for any documents they may not.have in the official case file.

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plot t e ;ngs,m 701rig instru: tit A requests: *: #s 1: be usec si. st 6 u.iiic. fr- ~ t. ,: 69c Scope of Search 1.

As a general rule, a search is adequate when all records are located which individuals familiar with the subject matter of the request can reasonably be expected to find in a reason-able amount of time.

2.

The staff does not have to look into every conceivable file for records subject to a request, but the staff likely to be familiar

. with the subject matter must be consulted, and those files likely to s

contain records must be reviewed.

, Agency Records 3.

An FOIA request applies only to records in existence on the date the request is received by NRC.

"In existence" includes records in an of a computerexisting print dataprogram.

file if the information is retrievable by use No ne= programming is required.

(Records created after a request is received by NRC may be made available as a matter of discretion with the staf f, i.e. , if the additional records are necessary to provide a complete picture of a situation or to avoid possible ambiguity).

4.

If the requested information does not exist in record or computer format at the time a request is received, there is no obligation under request.

the FOIA to create a record in order to be responsive to the 5.

If records have been destroyed prior to the receipt of the request, there is no obligation under the FOIA to tell the requester what was destroyed, when it was destroyed, or why it was destroyed.

Note, received. however, that no records may be destroyed after a request is 6.

If a FOIA request also asks for all records created in connection with the processing of the request, it is not necessary to make l these the timerecords available the request since the records were not in existence at was received.  :

(There may be a separate, later request, however, for these records).

,.- j 7.

If a FOIA request asks for records maintained at a person's residence, and a staff member has any question as to whether the records are personal records or agency records, the staff member should contact the F01A Branch. (hormally records maintained at a ,

person's residence are not " agency records").

- 8.

IF THE STAFF HAS ANY QUESTIONS ABOUT THE SCOPL OF A REQUEST, WHET PARTICULAR RECORDS SHOULD BE INCLUDED WITHIN THE SCOPE, WHETHER 1 SCOPE OF THE REQUEST APPEARS TO BE UNREASONABLY BURDENSOME, OR SUGGESTIONS OF HOW THE SCODE COULD BE LIMITED BY PROVIDING OT MORE READILY AVAILABLE RECOR%, THEt SHOULO IEE0lATELY CONIACl THEIR MANAGEMEN1 ANL THE FOI A BRANCH IN DRR.

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___ _ _ . _ _ - - - - - - -'"-'- ~' - '~ ~' ~ ~ ~

i GOVERNMENT ACCOUNTABluTY PROJECT Institute for Pohcy 5tudies 1901 Que 5treet. N.W.. Washington. D.C. 20009 (202)234 9382 Janua ry 18, 1984

' FREEDOM OF INFORMATION ACT REQUEST FREEDOM 0F INFORMATION ACT REQUEST forAM4/

Rae et /-/9-!y Director Office of Administration U.S. Nuclear Regulatory Cossnission

. Washigton, D.C. 20555 To Whom It May Concern:

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 6552, the Government Accountability Project (GAP) of the Institute for Policy Studies, requests copies of any and all agency records and infonnation, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, sumeries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, and any other data compilations, interim and/or final reports, status reports, and any and all other records generated in connection with Region !! and/cr the Office of Investigations inspection / investigation of the issues raised by Mr.

4 Harry Langley and the three in camera witnesses who testified in the Catawba licen-sing proceeding.

This FOIA request is being served by Express Mail to Region II Administrator, Mr.

James P. O'Reilly, on this date and hand-delivered to the Bethesda FOIA-Office in anticipation of a January 20, 1984, closure date for Region II's inspection efforts.

If any of the material covered by this request has been destroyed and/or renoved, please provide all surroundin  ;

description of the action (s) gtaken, documentation, including relevant date(s), andbut not limited (s) justification to afor the i actions.

GAP requests that fees be waived, because " finding information can be considered as primrily benefitting the general public," 5 U.S.C. 5552(a)(4)(A). The Government Accountability Project is a non-profit, non-partisan public interest organization concerned with honest and open government. Through legal representation, advice, national conferences, films, publications ard public outreach, the Project promotes whistleblowers as agents of government accountability. Through its citizens Clinic, GAP offers assistance to local public interest and citizens groups who seek to ensure the health and safety of their comunities. The Citizens Clinic is currently assisting several citizens groups, local governments, and intervenors in the South Carolina area concerning the Catawba Nuclear Power Plant.

We are requesting the above information as part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.

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Dir:ct3r of Administration January 18, 1984 U.S. Nuclear Pegulatory Comission For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents with-held.

each exemption, explaining why each exemption is relevant to of the document withheld.

820 (D.C.Cir.1973), cert. denied 415 U.S. 977 (1974).This index is required u We look forward to your response to this request within ten days.

Very truly yours, sW ,

MM '

Billie Pirner Garde Citizens Clinic Director BPG:me cc: Mr. James P. O'Reilly - Express Mail FOIA Office /Bethesda - Hand-Delivered

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MESSAGE TO: ---_ q r

MESSAGE FROM: _

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(Office of Investigations) l

. OI, USNRC NDiBER OF PAGES INCLUDED IN THIS REQUEST (INCLUDING COVER PAGE): 4 i

DATE: l 2de h S'

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(Please call or handcarry this material to the addressee) .

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'0FFICIAL USE ONLY . I

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