ML20148F629

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Partial Response to FOIA Request.App B Documents Completely Withheld (Ref FOIA Exemption 5)
ML20148F629
Person / Time
Issue date: 01/22/1988
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Airozo D
MCGRAW-HILL PUBLICATIONS CO.
References
FOIA-87-677 NUDOCS 8801260296
Download: ML20148F629 (3)


Text

.S U R REGULATORY COMMISSION N~c row,.toutsr Nuvetasi p ~%A ) / rl y , , j - Poz~4 .tsrossi rm77-677 4

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/ INFORMATION ACT (FOlA) REQUEST ^"

MN22 1988 DocalT pruMetRisi ur appaceam REQUESTER

$$ A/70 WD2 O P RT 1.-RECORDS RELEASED OR NOT LOCATED (See checked bores)

No agency records subject to the request have been located.

No addstional agency records authect to the request have been located.

Agency records subrect ss the request that are ident6ed in Appendta are already avadable for pubic inspection and coptsg in the NRC PubGc Document Room, 1717 H Street, N.W., Washington, DC.

Agency records subject to the request that are identifiedm' Appendix are being made avaiable for pubrc inspection and copysng in the NRC Pubic Docurnent Room,1717 H Street, N.W., WasNngton, DC. in a folder under the FOIA nurnber and requester name.

The nonproprietary version of the proposalf s) that you agreed to accept in a telephone conversation veth a member of my staff is now being rnade evalable for public inspection and coymg at the NRC Pubhc Document Room,1717 H Street, N W WssNngton, DC. in a folder under the FOIA number and requester name.

EncWed is information on how you may obtam access to and the charges for copymg records placed in the NRC Pubhc Document Rcom,1717 H Street, N.W., Washmoton, DC.

Agency records subject to $e request are enclosed Any appucable charge for copies of the records provided and payment procedures are noted in the comments secte.

Records subpect to the request have been referred to another Fearal agencytes) for reyww and detect response to you.

In view of NRC's response to thse request, no further action a bemg taken on appeal letter date<1 l PART ll.A-INFORMATION WTTHHELD FROM PUBLIC DISCLOSURE l Certam information in the requested records is being wrthheld from publ c disclosure pursuant to the FOIA exemptions descrebed m and for the reasons stateil in Part II, sec-tions 8 C, and D. Any released portions of the documents for which onh part of the record es being vnthheld are bemg made asa able for pubhc inspection and copyng in the NRC Pubhc Document Room,1717 H Street, N W., Washir gton. DC, m a fo6 der under th srb

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FREEDOM OF INFO _RMATION ACT RESPONSE FOIA NUMBER (S): DATE:

PART ll.5- APPLICA8LE FJtA EXEMPT 11NS Records subject to the request that are desenbod in the enclosed Appendices are being withheld in their entirety or in part under FOIA Esemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.6(a) of NRC Regulations.

1. The withheld information is property cieserhed pursuant to Executive Order 12356 (EXEMPTION 1)
2. The methheld information relates solety to the intemal personnel rules and procedures of NRC, (EXEMPTION 2) 3c The wthheld information is specifica8y exempted from public deciosure by statute irdcated: (EXEMPTION 3)

Secten 141145 of the Atomic Energy Act which prohibits the dscicouro of Restricted Data 'or Formerfy Restricted Data 142 U.S.C. 21612166).

Section 147 of thw Atomic Energy Act which prohtwts the declosure of Unciassefed Safeguards Information (42 U.S.C. 2167).

4. The withheld information is a trade secret or commercial or financial informaton that is being withheld for the reason (s) indicated: (EXEMPTION 4)

The information is considered to be confidential busaness (proonetary) information.

The bformation is considered to be proprietary informaton pursuant to 10 CFR 2.790tdH1).

The informaton was subtrutted and received in confdence from a foregn source pursuaat to 10 CFR 2.790ldM2).

5. The wthhead informaton consets of interagency or intraegency records that are not avadable through decovery dunng htigation. Declosure of predeceional information would tend to inhibst the open and frank enchange of ideas essent>at to the deliberative process. Where records are withheld in their entrety, the facts are inestncably intertened wth the predecessonal informaton. There a6so are no reasonatWy segregable factual portons because the ro6sase of the fac*3 wrsuid permet an androct inqury into the prodocisonal process of the egency. IEXEMPTION 5)
6. The wthheld information is exempted from public deciosure because ris deciosure would result in a clearty unwarranted invasion of personal pnvacy. (EXEMPTION 6)
7. The wthheid information conmats of investigatory records corryded for law enforcement purposes and is being withheld for the reasords) indicated (EXEMPTION 7)

Deciosure would interfere with an enforcement proceed.no because it could reveal the scope, detection, and focus of enforcement efforts. and thus could possery asow them to take action to shie6d potentaal mongdoing er a violation of NRC requesments from investgators IEXEMPTION 71All Deciosure would constitute an unwerranted invaseon of personal prr acy lEXEMPTION 71CI)

The informaton corests of names of individuals and other informat on the disclosure of which would reveal ident$es of confidental sources. (EXEMPTFON 7tOl)

PART 11 C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 9.15 of the U.S. Nuclear Regulatory Commason regulatons. it has been determaned that the information withheld a exempt from producton or declosure, ad that rts production or deciosure is contrary to the putSc interest. The persor's responsele for the denial are those officials identified below as denying officials and the Director, Orvoon of Rules and Records. Office of Admanstraton, for any denials that may be apealed to the Executrre Director for Operations itoo DENYlNG OFFICIAL TITLE / OFFICE RECORDS DEMEO APPELLATE OFFICIAL stCat r ARY toO HEfM' S W /c 2 '

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PART ll D- APPEAL RIGHTS The denial by each denying official identified in Part ll.C rney be appealed to the Appellate Official identifHpd in that section. Any such appeal must be in wrrting and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operatons or 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 FOI A Decision."

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  • **l FOIA RESPONSE CONTINUATION

Re: F0lA-87-677 APPENDIX B RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION A EXEMPTION

1. Undated Memo for V. Stello from R. Martin (Ex. 5).
2. 3/16/87 Memo for V. Stello from R. Martin (Ex. 5).
3. 3/5/87 Memo for V. Stello from R. Martin (Ex. 5).
4. 12/9/87 Six Draft Memoranda.

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October 6. 1987 Washington, D.C.

Mr. Doante Ortmslev i Director. Division of Rules & Records

! U.S. Nuclear Regulatory Commission Wo5hinoton. D.C. 20555 EREEDOM 0F INFORMARO Door Mr. Ortmsley M Y 7-(,7 7

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Pursuant to the Freedom of Information Act. 5 USC 552 et seo., as amended, or any other aoolicable laws. I hereby reouest the following material.

1) Corresoondence between NRC Region IV Administrator Robert D. Martin and NRC Exocutive Director fer Ooerations Victor Stello, from October 1, 1986 to Februaey 28. 1987. concerning region management and personnel issues and NRC hoodouarters resoonse thereto.

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2) All Differing Professional Ooinions filed by Vincent S. Noonan and Dorwin j R. Hunter.
3) The ORIGINAL transcriot of an interview between Oeorge Mulley and Thomas F.

Westerman on or around July 11. 1986. A redacted version of this ORIGINAL transceiot will be sufficient if reouired to comoly with Privacy Act orovisions.

4) All corresoondence between Paul S. Check and Victor Stello between October
1. 1986 and October 1. 1987.

l 5) All corresoondence from Karen League addressed to Victor Stello or his l csoistants between October 1. 1986 and October 1, 1987 and all corresoondence i from Victor Stello to Karen Leanue or Paul Check during the same time period i concerning management and oersonnel issues in NRC Region IV.

6) All corresoondence between Thomas F. Westerman and Victor Stello between October 1. 1986 and October 1, 1987 concerning management and personnel issues l in Rogion IV.
7) All corresoondence between William L. Brown and Victor Stello and between Nr. Brown and William Briggs between October 1, 1986 and October 1, 1987 concorning management and oorsonnel issues in Region IV.
0) All cc crosoondence between Dorwin Hunter and Victor Stell o and between Mr.

Huntee and Robert D. Martin between October 1, 1986 and October 1, 1987 concorning oorsonnel and management issues in Region IV.

9) All corresoondence between Dorwin Hunter and Mr. Stello or Mr. Martin botween October 1. 1986 and October 1. 1987 concerning oossible safety violations at the Fort St. Vrain nuclear oower plant.

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10) All Octoner corresoondence
1. 1986 and Octoberbetween George Mulley and Sharon Connelly between 1.

in Regton IV. 1987 concerning oersonnel and management issues 11)1986

1. All corresoondence and October 1. between Georoe Mulley and Victor Stello between October Rognon IV. 1987 concerning personnel and management issues in
12) All corresoondence between George Mulley and former Commissioner James Assolstine between October 1, 1986 and October 1, cnd management issues in Region IV. 1987 concerning personnel 13)
1. All corresoondence between G.L.

1986 and Or.tober 1. Plumlee and Robert Martin between October St. Vrain nuclear 1987 concerning oossible safety violations at t t. ) Fort in Region IV. oower olant and concerning oersonnel and management issues If you et have any cuestions or reouice additional i n f o r ma t i o n , please contact me 463-1659.

Sincerely,

_JJaucs Dave Airor Assistant Editor McGraw-Hill Nuclear Publications 1120 Vermont Ave.

Suite 1200 Washington, D.C. 20005