ML20133D554

Further Response to FOIA Request for NRC Ltrs to E Markey Re Facility.Forwards App B Documents 1-5.Documents Also Available in Pdr.App C Documents 1-7 & 8-14 Withheld (Ref FOIA Exemptions 7 & 5,respectively)

ML20133D554
Person / Time
Site:	Grand Gulf
Issue date:	09/26/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Liza Cunningham TIMES-PICAYUNE, LA PLACE, LA
Shared Package
ML20133D558	List: ML20133D554 ML20133D577 ML20133D593 ML20133D607 ML20133D628
References
FOIA-85-186 NUDOCS 8510090099
Download: ML20133D554 (4)

Text

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'+, / SEP 86 1!B5 Ms. Lynn Cunningham The Times-Picayune Publishing Corporation 3800 Howard Avenue IN RESPONSE REFER New Orleans, LA 70140-1097 TO F0!A-85-186

Dear Ms. Cunningham:

This is in further response to your letter dated March 18, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of draft and final letters from the NRC to Rep. Edward Markey concerning the Grand Gulf 1 nuclear power plant. Because you requested only draft and final letters, we are not addressing some of the enclosures to these letters due to their sensitive nature.

Documents 1,2,4,and5onenclosedAppendixBar$beingplacedintheNRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-186 in your name. Document 3 on Appendix B is already in the PDR. The file location is indicated beside the document description.

Documents 1 through 7 identified on enclosed Appendix C contain information the release of which would interfere with ongoing investigations on Grand Gulf.

The documents 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 Commission's regulations. Release of this information could allow those being investigated to learn the scope, direction, and focus of investigatory efforts and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators.

Documents 8 through 14 identified on Appendix C contain the predecisional analyses, opinions, and recommendations of the Commissioners and their staff on the Grand Gulf plant. Because the documents reflect the predecisional process between the Commissioners and their staff, the documents are exempt from mandatory disclosure pursuant to Exemption 5 of the FOIA (5 U.S.C.

552(b)(5)) and the Commission's regulations at 10 CFR 9.5(a)(5). Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. There are no reasonably segregable factual portions because release of the facts would permit an indirect inquiry into the predecisicnal process of the agency. The documents are being withheld in their entirety.

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 the denial of document 1 on Appendix C is Ms. Sharon R. Connelly, Director, Office of Inspector and Auditor. The person responsible for the denial of documents 2 through 14 on Appendix C is Mr. John C. Hoyle, Assistant Secretary of the Commission.

8510090099 850926 PDR FOIA CUNNING 85-186 PDR

Ms. f.ynn Cunningham This denial may be appealed to the Secretary.of the Commission 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 clear l y state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

This completes NRC action on your request.

Sincerely, W

J. Felton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated 4

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i Re: F01A-85-186 l

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! APPENDIX B i

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1. 06/08/84 Letter from Plaine to Markey, response to 03/13/84 letter. '

(1 page)

2. 06/15/84 Letter from Dircks to Markey, response to 06/11/84 letter.

j (1page)

-: 3. 06/29/84 Letter from Palladino to Markey, response to 06/26/84 letter.

l (2 pages) [PDR Accesrion No. 850615005]

1 j 4. 07/23/84 Letter from Plaine to Markey, response to 07/13/84 letter.

j (1 page) j 5. 08/24/84 Letter from Palladino to Markey, response to 08/01/84 letter.

1 (1 page)

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9-Re: F01A-85-186 APPENDIX C DOCUMENTS BEING WITHHELD

1. 08/07/84 Letter from G. Messenger, 01A, to Markey, response to 07/27/84 letter. (1 page)

2. 07/18/84 Letter from Roberts, Acting Chairman, to Markey. (1 page) '

3. 09/11/84 Letter from Pal'edino to Markey. (1 page)

4. 11/20/84 Letter from Palladino to Markey, response to 07/27/84 letter.

(1page)

5. 12/20/84 Letter from Palladino to Markey, response to 07/20/84 letter.

(3 pages)

6. 01/08/85 Letter trom Palladino to Markey, response to 07/02/8f. letter.

(6 pages)

7. 01/08/85 Letter from Palladino to Markey, response to 08/24/84 letter.

(6 page)

8. Undated Draft of 09/11/84 final letter to Markey from Palladino re:

Preoperational tests and fire barrier operability. (2 pages)

9. Undated Undated draft letter to Markey from Palladino re: Preoperational tests and fire barrier operability. (2pages)

10. Undated Sixteen undated draft letters to Markey from Palladino, responding to 04/02/84 letter, re: Information submitted by MP&L. (16 pages)

11. Undated Fourteen draft undated letters to Markey from Palladino, responding to 08/24/84 letter, re: Technical specifications.

(14 pages)

12. Undated Eleven draft undated letters to Markey from Palladino, responding to 07/30/84 letter, re: 01 report on material false statements. (11pages)

13. Undated Three undated draft letters to Markey from Palladino, responding to 07/02/84, 07/30/84, and 08/24/84 letters.

(3pages)

14. Undated Seven undated draft letters to Markey from Palladino, responding to 08/20/84 letter, re: Erroneous technical specifications. (7 pages)

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elje e~tmes-$h.cayune}htblisij. tug dorporah.on 3800 HOWARD AVENUE, NEW ORLEANS, LOUISIANA 70140-1097 TELEPHONE (504) 586-3785 March 18, 1985 FREEDOM OF INFORMAllON ACT REQUEST, ,

Mr. Joseph Felton, Director Division of Rules and Records FO.IA J BC, U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Felton:

N'd 3/zo/85' This request is made under the federal Freedom of Information Act, 5 U.S.C. 552.

Please nend me all drafts and final copies of letters from the Nuclear Regulatory Commission to Rep. Edward Markey concerning the Grand Gulf 1 nuclear plant, located near Port Gibson, Miss.

The Freedom of Information Act provides that if portions of a document are exempt from release, the remainder must be segregated and disclosed. Therefore, I will expect you to send me all nonexempt portions of the records which I have requested, and ask that you justify any deletions by reference.

I promise to pay reasonable search and duplication fees in connection with this request. However, I am a journalist employed by The Times-Picayune /The States-Item and intend to use the information as the basis for newspaper articles. Therefore, I ask that you waive all search and duplication fees.

As I am making this request in the capacity of a journalist, and this information is of timely value, I would appreciate hearing from your office by telephone rather than by mail if there are any questions regarding my request.

Thank you for your assistance. I look forward to neceiving a reply within 10 days, as required by law.

Sincerely, Lynn Cunningham

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