ML20134P460
| 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
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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,
r
J. M. Felton, Director
Division of Rules and Records
Office of Administration
Enclosure: As stated
B509060321 850905
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GARDE 85-452
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Re: F01A-85-452
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APPENDIX C
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DOCUMENTS TO BE WITHHELD
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1.
04/05/84 Memorandum for DeYoung from Keppler on Special Quality
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Assurance Program Inspection Findings (2 pages)
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2.
05/23/84 Memorandum for Keppler from Spessard on Enforcement Actions
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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)
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4.
Undated
Draft #1 thru #6 on Braidwood (122)
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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
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Washington. D.C. 20036
(202)232-8550
June 19, 1985
FftEM OF lNfokmmeVii
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FOI A- BS- 452
FREEDOM OF INFORMATION REQUEST
Director
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Office of Administration
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U.S. Nuclear Regulatory Commission
D.C.
20555
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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,
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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-
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puter runoffs, any other data compilations, interim and/or final
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reports, status reports, and any and all other records relevant
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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
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connection with this FOIA request.
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This request includes all agency records as defined in 10
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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
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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
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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,
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Billie Pirner Garde
citizens clinic Director
BPG:res
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