ML20138L607

Further Response to FOIA Request for Records Re NRC Comanche Peak Task Force Established in Mar 1984.Twenty-one of App C Documents Listed Withheld (Ref FOIA Exemption 5) & Documents 39,58,68,161,227 & 252 Withheld (Ref FOIA Exemption 7)

ML20138L607
Person / Time
Site:	Comanche Peak
Issue date:	12/03/1985
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20138L611	List: ML20138L607 ML20138L612 ML20138L619 ML20138L625 ML20138L628 ML20138L634 ML20138L646 ML20138L651 ML20138L662 ML20138L667 ML20138L673 ML20138L678 ML20138L683
References
FOIA-85-59 NUDOCS 8512200001
Download: ML20138L607 (3)

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UNITED ST,ATES a o NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555

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.  % , , , , , *#, December 3, 1985 Docket No. 50-445/50-446 Ms/ Billie Pirner Garde Citizens Clinic Director Government Accountability Project 1555 Connecticut Avenue, Suite 202 IN RESP 0NSE REFER Washington, DC 20036 TO F0IA-85-59

Dear Ms. Garde:

This is in further response to your letter dated January 21, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), records related to the NRC Comanche Peak Task Force established in March, 1984.

The NRC staff has completed its review of those records subject to your request that were identified by asterisks in Appendix C (Civil / Structural category) transmitted to you by our letter dated November 6,1985. The disposition of those records is described below.

Documents identified at numbers 56 and 57 on Appendix C are being placed in the NRC Public Document Room (PDR) in file F0IA-85-59 under your name.

Documents 39, 58, 68, 161, 227, and 252 are being withheld from public disclosure pursuant to Exemption (7)(D) of the F0IA (5 U.S.C. 552(b)(7)(D))

and 10 CFR 9.5(a)(7)(iv) of the Comission's regulations because they contain the names of allegers and other identifying information concerning individuals who provided information to the NRC during the agency's investigative activities. These records are being withheld in their entirety because their release would disclose the identity of confidential sources.

Twenty-one of the Appendix C documents listed below are being withheld in part, as indicated by asterisks, and the remaining 31 documents contain deletions without invocation of an F0IA exemption, for the reasons set out following the document listing:

(Civil / Structural Records)

Appendix C - Partially Withheld Documents List 1 8 14 26 67 69 81 139 144 181 196 197 198 200 201 209 224 226* 229* 231 232 233 234 240 241 242* 244* 245 246 247 249* 250*

251* 253 254* 255* 256 257* 258* 259*

260* 261* 262* 529* 584* 585* 586* 607 622 625* 631* 636 8512200001 851203 PDR FOIA CARDE85-59 PDR ,

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Ms. Billie Pirner Garde Port' ions of documents 226, 229, 242, 244, 249, 250, 251, 255, and 529 are

-being withheld of the F0IA from552(b)(7)(C)

(5 U.S.C. public disclosure pursuant and (7)(D)) and 10to CFR Exemptions 9.5(a)(7) (7)(C)(and iff) and (7)(D)

. (7)(iv) of the Comission's regulations. The exempt portions of these records contain personal information and the identities of allegers. Release of this information could cause an unwarranted invasion of personal privacy and disclose confidential sources.

Portions of documents 254, 257, 258, 259, 260, 261, 262, 584, 585, 586, 625, and 631 are being withheld from public disclosure the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5)of pursuant to Exemption 5 of the Comission's regulations. The exempt portions of these records relate to the subject of

. potential violations. Release of this predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process.

In accordance with the terms of the agreement reached between you and the ffRC staff at the May 8,,1985, meeting concerning your pending F0IA requests pertaining to the Comanche Peak TRT activities (as outlined in the letter to you from Mr. Joseph M. Felton dated May 15,1985), portions of documents 249, 250, and 251, and portions of the remaining documents listed above which are not addressed individually by specific FOIA exemptions have been deleted because they contain names and other identifying information concerning allegers, interviewees, and other individuals whose privacy could be invaded by disclosure of this information.

The nonexempt portions of all the documents included in the Appendix C list above are being placed in the PDR-in file F01A-85-59 under your name. A separate set of the records placed in the PDR under cover of this letter is also being made available for public inspection and copying at the Local Public Document Room located at the University of Texas Library, 701 South Cooper Street, Arlington, Texas.

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. Harold R. Denton, Director, Office of fluclear Reactor Regulation.

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Ms. Billie Pirner Garde This denial may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter. Any such appeal must be in writing, Q: 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 FOIA Decision."

Sincerely, r* 2 Donnie H. Grimsley, Director Division of Rules and Records Office of Administration 9

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GOVERNMENT ACCOUNTADIUTY PROJECT 1555 Connecticut Awnue. N.W 5 vite 202 Washington.'D.C. 20036 .

(202)232-8550 i j G:85:104 January 21, 1985 FREEDOM OF INFORMATION ACT REQUEST FREEDOM OF INFORMATION ACI REQUESI Fo2"A -d-dy Director Office of Administration kM h/=g-g Nuclear Regulatory Commission Washington, D.C. 20555 To Whom It May Concern:

Pursuant to the Freedom of Information Act ("FOIA") 5 U.S.C. 5 552, the Government Accountability Project (" GAP") requests copies of any and all agency records and j information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview re-ports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer runoffs, any other data compilations, interim and/or final reports, status re-I ports, and any and all other records relevant to and/or generated in connection with the overview, ragulation and investigation of the Comanche Peak Nuclear Plant by any person, branch, or department of the NRC since January 18, 1985.

This request includes all agency records as defined in 10 C.F.R. 6 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 the NRC official, " working," investigative or other files, or at any other location, including private resider.ces.

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 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 con-sidered as primarily benefitting the general public." 5 U.S.C. 5 552(a)(4)(a).

GAP is a non-profit, non-partisan public interest organization concerned with honest and open government. Through public outreach, the Project promotes whistleblowers as agents 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 central Texas area concerning the construction of the Comanche Peak nuclear power plant. .

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Page Two 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 exasption, please provide an index itemizing and describing the documents or portions of documents' withheld. The index,should provide a detailed jusitfication 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 Vau hn v. Rosen (I), 484 F.2d 820 (D.C. Cir.1973), cert. denied, 415 U.S.

977 (1 .

We look forward to your response to this request within ten days.

Sincerely, N ib Billie pirner Garde Citizens Clinic Dire.ctor 1

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