ML20134P460

Further Response to FOIA Request for All Records Re Insp Repts 50-456/83-09 & 50-457/83-09.App C Documents Withheld (Ref FOIA Exemption 5).Review of Remaining Documents Incomplete

ML20134P460
Person / Time
Site:	Braidwood
Issue date:	09/05/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-85-452 NUDOCS 8509060321
Download: ML20134P460 (2)

See also: IR 05000456/1983009

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UNITED STATES

NUCLEAR REGULATORY COMMISSION L

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Ms. Billie P. Garde, Director

Citizen's Clinic

Government Accountability Project

1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER

Washington, DC 20036 TO F01A-85-452

Dear Ms. Garde:

This is in further response to your letter dated June 19, 1985, in which you

requested, pursuant to the Freedom of Information Act (F0IA), all records

related to Inspection Report 83-09 on the Braidwood plant.

The documents listed on the enclosed Appendix C contain predecisional advice,

opinions, and recomendations of the staff regarding NRC Region III inspection

and enforcement actions and are being withheld from public disclosure pursuant

to Exemption (5) of the FOIA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the

Comission's regulations. The withheld documents do not contain any reasonably

segregable factual portions, and their release would tend to inhibit the open

and frank exchange of ideas essential to the deliberative process.

Pursuant to 10 CFR 9.9 of the Comissions 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

persons responsible for this denial are the undersigned and Mr. James G.

Keppler, Regional Administrator, NRC Region III.

This denial may be appealed to the Comission'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 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."

The NRC has not completed its review of the remaining document subject to your

request. We will respond as soon as that review is completed.

Si rely,

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J. M. Felton, Director

Division of Rules and Records

Office of Administration I

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Enclosure: As stated l

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B509060321 850905

PDR FOIA '

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GARDE 85-452 PDR

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Re: F01A-85-452

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DOCUMENTS TO BE WITHHELD

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1. 04/05/84 Memorandum for DeYoung from Keppler on Special Quality '

Assurance Program Inspection Findings (2 pages)

! 2. 05/23/84 Memorandum for Keppler from Spessard on Enforcement Actions

j with the special quality assurance program findings (5 pages)

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3. 02/25/85 Draft Citations for future enforcement actions (4 pages)

! 4. Undated Draft #1 thru #6 on Braidwood (122) l

5. Undated Draft responses to Ceco responses to 83-09 (4 pages)

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GOVERNMENT ACCOUNTABILITY PROJECT

1555 Connecncut Awnue, N.W., Suite 202 I

Washington. D.C. 20036 (202)232-8550

June 19, 1985

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FREEDOM OF INFORMATION REQUEST

FOI A- BS- 452

Director g (p/ M h

Office of Administration I

U.S. Nuclear Regulatory Commission

Washington, D.C. 20555 i

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To Whom It May Concern:

Pursuant to the Freedom of Information Act ("FOIA"), 5

U.S.C. 552, 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, computation, voice recordings, com- f

puter runoffs, any other data compilations, interim and/or final ,

reports, status reports, and any and all other records relevant i

to and/or generated in connection with Braidwood IE Report 83-09,  ;

as well as any and all records relevant to and/or generated in  !

connection with this FOIA request. l

This request includes all agency records as defined in 10 i

C.F.R. 9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and

A.3 (approved october 8, 1980) whether they currently exist in l

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 coverd 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).

GAP requests that fees be waived, because " finding the

information can be considered as primarily benefitting the gene-

ral public," 5 U.S.C. section 552 (a) (4) (a) . GAP is a non-profit,

non-partisan public interest organization cocnerned with honest

and open government. Through its Citizens Clinic, GAP offers

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FOIA REQUEST

Page Two

June 19, 1985

We are requesting the above information as part of an i

ongoing monitoring project on the adequacy of the NRC's efforts

to protect public safety and health at nuclear power plants.

For any documents or portions that you deny due to a speci-

fic 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 rele-

vant 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.

Sincerely,

h- i :

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Billie Pirner Garde

citizens clinic Director

BPG:res

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