ML20138F478

Further Response to FOIA Request Re Repts Listed in Board Notification 84-149.Documents Listed in App G Withheld (Ref FOIA Exemption 5)

ML20138F478
Person / Time
Site:	Comanche Peak
Issue date:	11/22/1985
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-84-779 NUDOCS 8512160099
Download: ML20138F478 (2)

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UNITED STATES

! '4o*t NUCLEAR REGULATORY CO'MMISSION h ,

g y WASHINGTON, D. C. 20555

%, ...../ n.c g 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 F0IA-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 two documents listed on the enclosed Appendix G 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 Commission's regulations. These documents are attorney work-products the disclosure of which would reveal litigation strategy.

Pursuant to 10 CFR 9.15 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 person responsible for this denial is Mr. Guy H. Cunningham, III, Executive Legal Director.

This denial may be appealed to the Secretary of the Commission within 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 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 review of additional documents subject to your request is continuing. As soon as our review is completed, we will notify you.

l Sincerely, w #

00nnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated

$21gWB51122 GARDE 84-77 PDR

Rei F01A-84-779 7

APPENDIX G

1. Undated Notice: Litigation Strategy for Comanche Peak (3 pages).

2. 08/20/84 Note' to Ed Christenbury from Joe Scinto re: Intimidation Issues in the Comanche Peak Proceeding (7 pages).

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GOVERNMENT ACCOUNTADILITY PROJECT Institute for Policy Studies 1901 Que Street. N.W.. Washington. D.C. 20009 (202)234-9382 October I,1984 Freedom of Information Act Request Director FREEDOM OF INFORMATION Office of Administration ET REQUEST Nuclear Regulatory Commission Washington, D.C. 20555

[OIA ~/V-777 To Whom It May Concern:

Pursuant to the Freedom of Information Act (FOIA), 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 list 5d in Board Notificat' ion 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 repcyts 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 rccords 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 government. Through public outreach, the Project promotes whistleblowers as agents r d T i T 6 q t (o RC Q a.e . ~ # '

.c . . .

iDi re'ctor .

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 canmunities. 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.

Billie Pirner Garde Citizens Clinic Director t

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