ML20133J353
| ML20133J353 | |
| Person / Time | |
|---|---|
| Issue date: | 10/11/1985 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-85-365 NUDOCS 8510180391 | |
| Download: ML20133J353 (3) | |
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pgi 11 M Ms. Billie Pirner Garde, Director Citizens Clinic Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F0IA-85-365
Dear Ms. Garde:
This is in further response to your letter dated May 13, 1985, in which you requested, pursuant to the Freedom of Information Act, all records generated in connection with the NRC Interim Policy on Management of Allegations --
proposed NRC Manual Chapter 0517, " Management of Allegations," dated September 19, 1984, and all drafts, comments, and proposals that led tc this manual chapter.
By letter dated June 26, 193, we provided you with a list of documents subject to your request that had previously been made available at the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC.
Additioral records subject to your request have been reviewed for a previous F0IA request (F01A-84-601). Our response to that request is maintained in the PDR in folder F0IA-84-601 under the name of Ms. Adato. You may obtain. copies of these documents bo referring to that F0IA folder.
Enclosed Appendix B is a list of documents subject to your request that are maintained by the NRC's Office of Inspector and Auditor (01A). The documents consist of entrance conference notes, summaries of interviews with NRC employees, and various draft versions of an 0IA Report entitled, " Review of NRC's Allegations Management System," dated April 15, 1985. All of these documents are being withheld in their entirety pursuant to Exemption (5) of i
the F0IA, 5 U.S.C. 552(b)(5), and the Commission's regulations, 10 CFR 9.5(a)(5), because they consist of drafts, coments on' drafts or they are preliminary documents containing the predecisional advice, opinions, and recommendations of various NRC staff and OIA Auditors. The release of these documents would tend to inhibit the free and. candid exchange of ideas and opinions essential to the current development of proposed NRC Manual Chapter i
0517.
Oth~er NRC staff have identified approximately 100 additional documents subject to your request. The documents consist entirely of preliminary draft versions of proposed NRC Manual Chapter 0517, and general office correspondence
-(memoranda, notes, etc.) concerning these preliminary draft versions of the proposed manual-chapter. These documents are being withheld in their entirety pursuant to Exemption (5) of the F0IA, 5 U.S.C. 552(b)(5), and the Commission's 7
i regulations, 10 CFR 9.5(a)(5), because they consist of comments on drafts and/or are preliminary, working documents containing predecisional advice, opinions, and recomendations concerning the current development of proposed NRC Manual Chager 0517.
GARDE 85-365 PDR L
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i Pursuant to 10 CFR 9.9 and 9.15 of the Commission's regulations, it has been determined that the information withheld-is-exempt from production or dis-closure and that its production or disclosure is contrary to the public interest. The person responsible for the denial of the documents listed on Appendix B is Ms. Sharon R. Connelly, Director, OIA. Th'e persons responsible for the denial of the remaining documents are the undersigned and Mr. Harold R. Denton, Director, Office of Nuclear Reactor Regulation.
The denials by Mr. Harold R. Denton and myself may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of.
this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envalope and in the letter that it is an " Appeal from an Initial FOIA Decision." The denial by Ms. Sharon R. Connelly may be appealed within 30 days to the Secretary of the Commission and should be addressed to the Secretary of the Commission.
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. Fel ton, Director i
Division of Rules and Records t
Office of Administration
Enclosure:
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Re: FOIA-85-365 APPENDIX B DATE DOCUMENT DESCRIPTION 1.
Undated Preliminary index copy of OIA draft report (W/P) 2.
11/15/84 OIA Interview (W/P B-22) 3.
06/19/84 OI A. Entrance Conference (W/P B-2a) -
4.
03/26/85 OIA Telephone Interviews (D-23) 5.
Undated Approximately 15 undated drafts of OIA report (W/P) 6.
Undated OIA draft report marked, " Version being reviewed by Fred" 7.
Undated OIA draft report marked, " Clean copy minus last minute changes to... confidentiality" 8.
01/10/85 OIA draft report marked, " Original Draft (revised) dated 1/10/85" 9.
04/15/85 Draft DIA Report, " Review of NRC's A11egations' Management System" (0IA File No. 84B-5) l
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- bL GOVERNMENT ACCOUNTABlUTY PROJECT 1555 Connecncut Awnue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 May 13, 1985 ESEEDOM OF INFORMATK)N FREEDOM OF INFORMATION ACT REQUEST A ftEQUEST.
Olg. 85- %5 Director Office of Administration Nuclear Regulatory Commission (Lt(/[
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Washington, D.C.
20555 To Whom It May Concern:
Pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. 4552, the Government Accountability Project
(" GAP")
requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts,. summaries, 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, computer runoffs, any other data compilations, intetim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with NRC Interim Policy on Management of Allegations - Proposed NRC Manual Chapter 0517, " Management of Allegations" (9/19/84) and all drafts, comments and proposals that led to this chapter.
This request includes all agency records as defined in 10 C.F.R. ft9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NRC official, " working", investigative or other files, or at any other location, including private residences.
If any records as defined in 10 C.F.R. $9.3a(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with,'and/or issued in order to implement the action (s).
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4 GAP requests that fees be waived, because~" finding the information can be considered as primarily benefitting the general public," 5 U.S.C.
552(a)(4)(a). -GAP is a non-profit, non partisan public interest organization concerned with honest and open government.
Through 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 seeking to ensure the health and safety of their communities.
The Citizens Clinic is currently assisting several citizens groups, local governments and intervenors in the central Texas area concerning the l
construction of the Comanche Peak nuclear power plant.
We are requesting the above information as part of an ongoing monitoring project on the adequacy of the NRC's ef forts to protect public safety and health at nuclear power plants.
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 withheld.
The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is-relevant to the document or portion of the document withheld.
This index is required under Vaughn v.
Rosen (I), 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).
We look forward to your response to this request within ten days.
I Sincerely, bG
\\b Billie Pirner Garde Director, Citizens Clinic f
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