ML20134D434

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Final Response to FOIA Request for Records Re Facility.Four Documents Listed on App I Partially Withheld (Ref FOIA Exemptions 5,6 & 7).Documents Listed on App J Completely Withheld (Ref FOIA Exemption 5)
ML20134D434
Person / Time
Site: Wolf Creek Wolf Creek Nuclear Operating Corporation icon.png
Issue date: 07/16/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Stephens S
NUCLEAR AWARENESS NETWORK
Shared Package
ML20134D437 List:
References
FOIA-85-161, FOIA-85-A-25 NUDOCS 8508190218
Download: ML20134D434 (5)


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Ms. Stevi Stephens Nuclear Awareness Network IN RESPONSE REFER 1347) Massachusetts TO F01A-85-161 and Lawrence, KS 66044 F01A-85-A-25(85-161)

Dear Ms. Stephens:

This is in final response to your letter dated March 1, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of four categories of records regarding the Wolf Creek Nuclear Generating Plant.

The three documents identified on enclosed Appendix H are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington DC 20555, in file folder F01A-85-161.

The four documents identified on enclosed Appendix I are being withheld in part. Portions of Document I contain personal infomation the disclosure of which would constitute an unwarranted invasion of personal privacy. These portions are being withheld from public disclosure pursuant to Exemptions (6) and (7)(C) of the FOIA (5 U.S.C. 5552 (b)(6) and (7)(C)) and 10 CFR 9.5(a)(6) and (a)(7)(iii) of the Comission's regulations. Portions of Documents 2, 3, and 4 consist of investigatory records compiled for law enforcement purposes the release of which would interfere with an ongoing enforcement proceeding.

Release of this infomation could allow those being investigated to learn the

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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. This information is being withheld from publicdisclosurepursuanttoExemption(7)(A)oftheF0IA(5U.S.C.6552(b)(7)

(A)) and 10 CFR 9.5(a)(7)(i) of the Comission's regulations.

In addition, Document 4 has an attachment that is a draft containing the preliminary advice, opinions, and recomendations of members of the staff. Release of this in-formation would tend to inhibit the frank and candid exchange of information in future delibera-tions and thus would not be in the public interest. This in-fomation is being withheld from public disclosure pursuant to Exemption 5 of the F0IA (5 U.S.C. 5552(b)(5)) and the Comission's regulations at 10 CFR 9,5 (a)(5). The releasable portions of the documents on Appendix I are being placed in the PDR.

The document identified on enclosed Appendix J is being withheld in its entirety. This document consists of drafts containing the preliminary advice, opinions, and recomendations of members of the staff. Release of the l

infomation would tend to inhibit the frank and candid exchange of information in future deliberations and thus would not be in the public interest. There are no reasonably segregable factual portions because release of the facts would pemit an indirect inquiry into the predecisional process of the agency. This document is being withheld from public disclosure pursuant to Exemption 5 of the FOIA (5 U.S.C.6552(b)(5)) and the Comission's regulations at 10 CFR 9.5(a)(5).

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Ms. Stevi Stephens i Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined that the information withheld is exempt from productior, or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for these denials is Ben B. Hayes, Director, Office of Investigations.

These denials may be appealed to the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

My staff informs me that other documents that are subject to this request are also subject to your pending F0IA requests for information related to the Wolf Creek Nuclear Generating Plant, F01A-84-291 and 85-101, and will be addressed with regard to those requests. Six documents originated by the Department of Labor have been referred to that agency for a disclosure determination and direct response to you.

This completes NRC action on this F0IA request. Also, in light of our responses of May 10, June 3, June 19 and this date, no further action will be taken on your letter of May 15 appealing our lack of response to this F0IA request.

Sincerely, L

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

Enclosures:

As stated

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Re: F01A-85-161 4

APPENDIX H DOCUMENTS BEING PLACED IN THE PDR l

1.

02/19/85 Memo from Chilk to Asselstine, subject: O! Request for Commission Guidance on Initiating Investigations of' Senior Managers at the Wolf Creek Generating Station (1 page) 2.

03/01/85 Excerpt of Inspection Report 50-482/85-03 (2 pages) l i

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04/10/85 Memo from Denise to Thompson, subject: Kansas Gas and Electric Company (FG&E) Quality First Program at Wolf l

Creek (DN:50-482) i

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i Re: F01A-85-161 APPENDIX I DOCUMENTS BEING RELEASED IN PART DATE DOCUMENT DESCRIPTION EXEMPTION 1.

03/08/83 Memo from Richard Herr to Eric Johnson, 6,7(C) subject: Wolf Creek Allegation 2.

11/30/84 Memo from Edwin Triner to J. Meyer and 7(A)

Ann Tipton, subject: Background Information on Wolf Creek Nuclear Generating Station 3.

02/15/85 Report of Inquiry, subject:

7(A) i 04-84-018(S) 4.

03/07/85 Memo from B. Hayes to Thomas Rehm, 5,7(A) subject: Responses to Congressman Slattery and Glickman l

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APPENDIX J DOCUMENT BEING WITHHELD IN ITS ENTIRETY 1.

Undated Draft response to Rep. Glickman's 3/20/85 letter (2 pages) l r

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