ML20138F384
| ML20138F384 | |
| Person / Time | |
|---|---|
| Site: | Grand Gulf  |
| Issue date: | 12/03/1985 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Liza Cunningham TIMES-PICAYUNE, LA PLACE, LA |
| Shared Package | |
| ML20138F391 | List: |
| References | |
| FOIA-85-187 NUDOCS 8512160077 | |
| Download: ML20138F384 (4) | |
Text
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y) Polk UNITED STATES ~
E NUCLEAR REGULATORY COMMISSION o
g y
WASHINGTON, D. C. 205S5
- +..../
"k Ms. Lynn Cunningham The Times-Picayune Publishing Corporation 3800 Howard Avenue IN RESPONSE REFER New Orleans, LA 70140-1097 TO F0IA-85-187
Dear Ms. Cunningham:
This is in partial response to your letter dated March 18, 1985, in which you requested, pursuant to the Freedom of Infonnation Act (F0IA), copies of documents which comprise all Office of Inspector and Auditor (0IA) reviews of the Grand Gulf 1 nuclear power plant.
Documents that are subject to your request are contained in the OIA files entitled, " Investigation 84-28, ' Grand Gulf Nuclear Station -- 10 CFR 2.206 Petition,'" and " Inquiry 85-7, ' Anonymous Allegations Regarding Proposed Enforcement Action--Grand Gulf Nuclear Station'."
The documents identified on enclosed Appendix A are contained in the Investigation 28 file. As indicated on the appendix, the documents are already in the NRC Public Document Room (PDR), being released to the PDR, or being withheld in part or their entirety.
N.
The information being withheld in documents 2 through 5,12,14, and 15, are investigatory records compiled for law enforcement purposes, the release of which would interfere with an ongoing investigation. The information is being withheld from public disclosure pursuant to Exemption (7)(A) of the F0IA (5 U.S.C. 552(b)(7)(A)) and 10 CFR 9.5(a)(7)(i) of the Commission's regulations. Release of this information would allow those being investigated to learn the 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 requirenents from investigators.
Documents 8, 9, 10, and 10c contain the predecisional legal analyses, opinions,
- and recomendations between the Office of the General Counsel (0GC) and the Commissioners. Documents 8 and 9 pertain to the Jacksonians United for Livable Energy. Policies' (JULEP) court challenge to NRC's issuance of a license amend-ment authorizing Grand Gulf to operate at full power. Documents 10 and 10c pertain to the March 29, 1984, JULEP petition to request enforcement action at the Grand Gulf facility. Document 13 contains the preliminary advice, opinions, and recommendations of the Director, 0IA, to OGC. The documents reflect the predecisional process between the offices of OGC, OIA, and the Commissioners.
The documents are exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 55?(b)(5), and the Commission's regulations at 10 CFR 9.5(a)(5). Release of the documents would tend to inhibit the open and frank 1
exchange of ideas essential to the deliberative process. The documents do not contain any reasonably segregable factual portions.
c512160077 851203 PDR FOIA CUNNIN985-lB7 PDR f
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Ms. Lynn Cunningham i Pursuant to 10 CFR 9.15 of the Commissicn'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 person responsible for the denial of document 13. and portions of documents 2 through 5, 12, 14, and 15 is Ms. Sharon R. Connelly, Director, OIA. The person responsible for the denial of documents 8, 9,10, and 10c is Mr. James A.
'Fitzgerald, Assistant General Counsel.
This den'ial may be appealed to the Secretary of'the' Commission / wit;..a 30 days.
from the receipt of this letter. Any such appeal must be in writing, addressed-
. to the Secretary of.- the Commission, 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."
The document's being released in whole or in part are being placed in the NRC
' PDR located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-187 in your name.
I The review of the documents that are contained in 01A file Inquiry 85-7 is continuing. We will' notify you upon completion of the review.
1 Sincerely, M c/
w Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosure:
As stated i
l t
Re:
F01A-85-187 APPENDIX A Investigation 84-28 List DISCLOSURE DATE DOCUMENT DESCRIPTION DETERMINATION
'1.'
~ Undated Case summary sheet Releas'd e
2.
01/14/85 Memorandum from Sharon R. Connelly to Portions withheld, Joseph J.~Fouchard Exemption 7(A) 3.
01/04/85 Note from "G. M." to Hollis, Ron and Portions withheld, Mark Exemption 7(A) 4'.
12/20/8A -Memorandum from Ronald P. Smith to Portions withheld, Sharon R. Connelly Exemption 7(A)
- 5. -11/06/84 Routing slip from Ron to Hollis Bowers Portion withheld, Exemption 7(A) 6.
11/01/84 Letter from Herzel H. E. Plaine to Released Cynthia Stewart.
7.
10/26/84 Memorandum from Samuel J. Chilk to Released Herzel H. E. Plaine 8.
10/15/84 SECY-84-398, Memo from W. Briggs, Withheld in Solicitor, to the Commissioners, subject:
- entirety, JULEP v. NRC, U.S.C.A. D.C. Cir.
Exemption 5 No. 84-1496.
(7 pages) 9.
Undated Draft Commission Order, re: August 31, Withheld in 1984, authorization of Grand Gulf to
- entirety, operate at full power.
(7 pages)
Exemption 5
- 10. 10/12/84 SECY-84-396, Memo from M. Malsch, Deputy Withheld in General Counsel, to the Commissioners,
- Entirety,
Subject:
Review of Director's Decision Exemption 5 under 10 CFR 2.206, DD-84-21, re: Grand Gulf.
(5 pages) 10a.
Attachment I to SECY-84-396:
letter from Already in PDR -
H. Denton, NRR, to C. Stewart, JULEP, Acc. No. 850510037 i
8/31/84 i
10b.
. Attachment 2 to SECY-84-396:
Pleading from POR Docket file j
C. Stewart, JULEP, 3/29/84 50-416, Category 6, i
foldec 2.
m
________.__-______.____.___.___.__.__._____._______.__.._________._________.____________.__m_____________m__-,
Re:
F0fA-85-187 APPENDIX A Investigation 84-28 List DISCLOSURE DATE DOCUMENT DESCRIPTION DETERMINATION 10c. to SECY-84-396: Draft Withheld in letter from H. Plaine, General Counsel,
- entirety,
' to C. Stewart, JULEP, re: March 29, 1984, Exemption 5 Grand Gulf petition.
(2 pages)
- 11. 08/29/84 Memorandum from George H. Messenger to the Released Comission, subject: Grand Gulf Nuclear Station - 10 CFR 2.206 Petition.
- 12. 08/28/84 OIA Report of Investigation: Grand Gulf Portions withheld, Nuclear Station -- 10 CFR 2.206 Petition.
Exemption 7(A)
- 13. 09/11/84 _ Memorandum from Sharon R. Connelly to Withheld in Martin Malsch enti rety.
Exemption 5
- 14. 03/05/84 Memorandum fcr File Portions withheld, Exemption 7(A)
- 15. Undated document Portions Withheld, Exemption 7(A)