ML20136D911
| ML20136D911 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 11/01/1985 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML20136D916 | List: |
| References | |
| FOIA-84-779 NUDOCS 8511210389 | |
| Download: ML20136D911 (4) | |
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UNITED STATES 3
1 NUCLEAR REGULATORY COMMISSION E
WASHINGTON, D. C. 20555
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NOV 01 W Docket No. 50-445/50-446 Ms. Billie Pirner Garde Citizens Clinic' Director Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-84-779
Dear Ms. Garde:
This is in further response to your letter dated October 1,1984, in which you requested, pursuant to the Freedom of Information Act (F0IA), all documents concerning the reports listed in Board Notification 84-149 and documents relating to the release of the reports.
The documents listed on the enclosed Appendix E are being placed in the NRC Public Document Room (PDR), 1717 H Street, NW, Washington, DC. You may obtain access by presenting a copy of this letter or by requesting PDR folder F0IA-84-779 in your name.
The document listed on the enclosed Appendix F is 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 Commission's regulations. This document is a draft containing the preliminary advice, opinions, and recommendation of the staff in the deliberative process of determining proper enforcement action at Comanche Peak. Release of this type of information 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 permit an indirect inquiry into the predecisional process of the agency.
Pursuant to 10 CFR 9.9 of the Commission's 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. Robert Martin, Regional Administrator, Region IV.
This denial may be appealed to the Commission'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 envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."
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s The review of additional documents subject to your request is continuing. As soon as our review is completed, we will notify you.
Sin rely, elton,-Director D vision of Rules and Records Office of Administration
Enclosures:
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Re: F0!A-84-779 APPENDIX E 1.
10/27/83 Note to Hayes from Treby, subject: Telephone Conference of Friday, October 21, 1983 in Comanche Peak-(3 pages) 2.
12/13/83 Ltr to J. Collins from R. Gray, re: Comanche Peak Steam Electric Station Investigations into Allegations File No.: 10066 (22 pages) 3.
03/09/84 Note to B. Hayes from Cunningham, subject: Licensing Board Memorandum of March 8, 1984 (1 page) 4.
07/06/84 Memo from Ippolito to Eisenhut, subject: Comanche Peak Special Review Team Report (70 pages) 5.
11/02/84 Note to 8. Hayes from Treby, subject: Liner Plate Travelers at Comanche Peak (1 page)
Re: F01A-84-779 APPENDIX F 1.
Undated Ltr to Texas Utilities Generating Company, Mr. R. Gray from j
J. Collins, w/ enclosures: Notice of Violation and Proposed Imposition of Civil Penalty.(4 pages)
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,s o GOVERNMENT ACCOUNTADIUTY. PROJECT Institute for Pohcy Studies 1901 Que Street. N.W., Washington. D.C. 2000Q (202)234-9382 Freedam of Information Act Request October 1,1984 FREEDOM OF INFORMATION c of Administration ACT REQUEST Nuclear Regulatory Commission
[04 A -/V-777 Washington, D.C.
20555 W /0 4-S V To Whom It May Concern:
Pursuant to the Freedom of Information Act (F0I A), 5 U.S.C. 5552, the Government Accountability Project (GAP) of the Institute for Policy Studies 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 run-offs, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with all of the reports listed in Board Notificataion 84-149, dated August 23, 1984, published by the Office of Investigations. Since the release of these reports is currently under dispute between the parties in the Atomic Safety and Licensing Board proceedings this FOIA can be delayed until such time as those reports are publicly available.
However, our request must be construed to " freeze" all supporting documentation for these reports.
It should further be construed to include all documentation developed between the various offices of the NRC regarding the substance of the 01 reports, and any correspondance relating to the release of the reports.
It should further be construed as intended to cover all communications, written or oral (record thereof) between 01 investigators and Region IV, NRR, the vendor inspection branch, and the Department of Justice or Federal Bureau of Investigations regarding the allegations or sources of the allegations or the disposition of the allegations.
This request includes all agency records as defined in 10 C.F.R. 59.3a(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 relevent 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 general public," 5 U.S.C. 5552(a)(4)(a). GAP is a non-profit, nonpartisan public interest organization concerned with honest and open vernment. Through public outreach, the Project promotes whistleblowers as agents f) R Sd
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Director October 1,1984 Of fice of Administration.
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 mid-Michigan area concerning the construction of the Midland plant.
We are requesting the above information as part of an 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 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.
AP u
Billie Pirner Garde Citizens Clinic Director
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