ML20129J214

Responds to FOIA Request for Interim or Final Repts Generated by Ofc of Investigation Re Facility.Documents Withheld (Ref FOIA Exemption 5)

ML20129J214
Person / Time
Site:	Zimmer
Issue date:	12/07/1984
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Foster J AFFILIATION NOT ASSIGNED
References
FOIA-84-802 NUDOCS 8506100035
Download: ML20129J214 (2)

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"jff rg4 UNITED STATES fDE.-om 8 o NUCLEAR REGULATORY COMMISSION L E WASHINGTON. D. C. 20555

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DEC 07 94 Mr. James E. Foster 504 Eagleview Drive IN RESPONSE REFER Carol Stream, IL 60188 TO F01A-84-802

Dear Mr. Foster:

This is in response to your letter dated October 11, 1984, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of any interim or final reports generated by NRC's Office of Investigations regarding the Zimer Nuclear Power Plant.

The documents listed below pertain to allegations of intimidation of inspectors and false statements at the William H. Zimer Power Station:

1. Report H-82-001

2. Report H-83-003

3. Report 3-83-039 - 1/25/84

4. Report 3-83-039 - 7/31/84

5. Report 3-83-039 - Undated

6. Letter from C. Barnes to B. Hayes - 9/16/83 Documents 1 through 5 are investigatory records compiled for law enforcement [

purposes and are being withheld from public disclosure pursuant to Exemption (7)(A) of the F0IA (5 U.S.C. 552(b)(7)(A)) and 10 CFR 9.5(a)(7)(1) of the Comission's regulations. Disclosure of the information contained within these documents would interfere with an ongoing enforcement proceeding. In addition, document 5 is a draft report and is being withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Comission's regulations.

The draft report contains the predecisional findings of the Zimer investigation by invest % tors in the Office of Investigations (01) for the Director of 01.

Because Rie document reflects the predecisional process in the Office of Investigations, the document is being withheld in its entirety. Release of the document would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. There are no reasonably segregable factual portions in this document because release of the factual portions would reveal a predecisional evaluation of which facts are important. See Russell v.

Department of the Air Force, 2 GDS 681.123 (D.D.C. 1981), aff'd 682 F. 2d 1045 (D.C. Cir. 1982).

8506100035 841207 802 PDR fosTE

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Documents 1 through 4 have been made ava!lable to the Department of Justice (D0J). When finalized, document 5 will also be sent to the D0J, which has convened a Grand Jury with regard to this matter.

Document 6 was originated by the office of the United States Attorney, and is being referred to that office for a disclosure determination and direct response to you.

Pursuant to 10 CFR 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 person responsible for this denial is Mr. Ben B. Hayes, Director, Office of Investigations.

This denial may be appealed to the NRC within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, 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 F0IA Decision."

Sin rely g-l s&%

. M. elton, Director -

Division of Rules and Records ,

Office of Administration  ;

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