ML20133F932

Responds to Appeal Re Denial of FOIA Request for List of All Ofc of Investigations Reviews,Repts & Investigation Re Facility.Forwards Updated List of Closed Inquiries.Remaining Documents Withheld (Ref FOIA Exemption 7)

ML20133F932
Person / Time
Site:	Waterford
Issue date:	06/12/1985
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Liza Cunningham TIMES-PICAYUNE, LA PLACE, LA
Shared Package
ML20133F935	List: IA-85-188, Updated List of Closed Inquiries Re Facility Investigations ML20133F932 ML20133F966
References
FOIA-85-188, FOIA-85-A-20 NUDOCS 8508080491
Download: ML20133F932 (2)

Text

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~ '[ UMTED STATES f , NUCLEAR REGULATORY COMMISSION g W ASHINGTON, D.C. 20556

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} OY June 12, 1985 SECRETARY Ms. Lynn Cunningham lhe Times-Picayune Publishing Corp.

3800 Howard Avenue New Orleans, Louisiana 70140-1097

}

Ref: F0IA-85-A-20C (F01A-85-188)

Dear Ms. Cunningham:

This letter responds to your May 1,1985 Freedom of Infonnation Act appeal in which you restate your original request for "a list of all Office of Investi-gations reviews, reports or investigations regarding the Waterford 3 nuclear f plant in Taft, La." Your appeal letter indicates you believe the reason given for the denial of certain portions of the " list" furnished to you in our ,

response of April 2,1985 is inadequate. Since all infonnation provided to you at the time of your request related to " ongoing investigations" the portions deleted from that listing are clearly withholdable pursuant to Exemption 7(A) of the Freedom of Information Act. Therefore, the Comission denies your appeal.

6 For your information, the listing of cases provided you in our response of April 2 under the subheading "01:RIV Closed Inquiries," which contains certain Exemption 7(A) deletions, refers to cases which have been transferred from one investigatory reference category to another. The only subject matter deletions in the " closed" portion of the list are investigatory inquiries which have been incorporated into active, ongoing investigations.

The listing of 01 investigations which NRC provided in response to your-initial request contains infonnation compiled for law enforcement purposes and the release of such information would interfere with ongoing investigatory proceedings, by allowing the subject of the investigations to learn the scope, direction and focus of 01's investigatory efforts. Such knowledge could be used to shield potential wrongdoings/ wrongdoers or to conceal a violation of NRC requirements from the investigators. Therefore, the Commission has detennined that this infonnation should continue to be withheld pursuant to Exemption 7(A) of the Freedom of Information Act, 5 U.S.C. 552(b)(7)(A) and 10 CFR 9.5(a)(7)(1) of the Commission's regulations.

As part of the review, in preparing the response to this appeal, the Office of Investigations has provided an update to the "01:RIV Closed Inquiries" section of the list initially provided to you. This update is enclosed.

8508080491 850612 '

NI A-20 PDR j

, 2 0

This letter represents final agency action on your May 1,1985 F0IA appeal.

Judicial review of this decision is available in federal district court in the district in which you reside or have your principal place of business, or in the District of Columbia.

Sincerely.

S uel J. Chil[k cretary of the Comission

Enclosure:

Update (2pgs)