ML20149G194

Partial Response to FOIA Request for Listed OI Repts.Record Listed in App D Being Withheld from Public Disclosure Because It Consists of Records Compiled for Law Enforcement Purposes.Nrc Continuing to Review Records Re FOIA Request

ML20149G194
Person / Time
Site:	Davis Besse, Perry, Zimmer
Issue date:	09/13/1993
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Desiree Davis PLAIN DEALER, CLEVELAND, OH
References
FOIA-93-355 NUDOCS 9410030229
Download: ML20149G194 (3)

Text

U.S. NUCLEAR REGULATORY COMMIS$10N NaC sOiA htoutS1 Nuuut stlS)

///) CU FOIA 93-355

[,,,,

RESPONSE TYPE l

RESPONSE TO FREEDOM OF I "Sa t I x l P^ ail ^' #3

's lNFORMATION ACT (FOlA) REQUEST DATE SEP 131993

....e DOCetET NUMBERtS> ttiapphcabiel f.EOVESTER Dave Davis PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)

No agency records subject to the request have been located.

No additional agency records subject to the re vest have been located.

Requested records are available through another public distribution program. See Comments saalon.

Agency records subject to the request that are identified in Appendixles) are already available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix (es) are being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOI A number.

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and copying at the N RC Public Document Room,2120 L Street, N.W., bshington, DC,in a folder under this FOI A number.

Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document Room identified in the Comments section.

Enclosed is enformation on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington. DC.

Agency records subject to the request are enclosed.

Records subject to the request have been referred to another Federal agencv(ies) for review and direct response to you.

Fees You will be billed by the NRC for fees totaling $

You will receive a refund from the NRC in the amount of $

In view of N RC's response to this request, no further action is being taken on aopeal letter dated

, No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE i

)

Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated I

X in Part II, B, C, and D, Any released portions of the t'ocuments for which only part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N W., Washington, DC in a folder under this FOI A number.

COMMENTS i

i The NRC is Continuins o review records subj ect to your FOIA request.

We

>1etion of the review.

j will notify you upon i

i 9410030229 930913 I

PDR FOIA i

DAVIS93-355 PDR

./

.,, A ATION AND PUBLICATIONS SE RVICES lye U

~,ti w a m. n n h ~@

n n,nM n?ge,y c.Q gQgy, n

-p.

t.

m qw p - y.

%i

F Q4A sevM8E agg)

DAts RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOIA 355 Se 131993 (CONTINUATION) l PART lt B-APPUCABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es)

D are being withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.

1. The withhend ar formaten is properly classifed pursuant to Eascutive Order. (Ememption 1)

2. The withheid mformaten relates sobely to the mtemal personnel rules and prccedures of NRC. (Ememption 2) l

]3. The withheld enformation es specifically esempted from public disclosure by statute indicated. (Emempton 3)

Sections 141-145 of the Atomec E nergy Act, which prohibits the discicnure of Restrected Data or Formerty Restricted Data (42 U.S.C. 21612165).

Section 147 of the Atomic Energy Act.which prohibits the disclosure of Unclassified Safeguards information (42 U.S C. 2167).

g4. The withhead mformation is a trade secret or comme +cial or financial mformaten that is being withheld for the reason (s) indicated. (Exemption 4)

W The mformation is considered to be confidential busmess (proprietaryl mformation The mformation es considered to be proprietary mformation pursuant to 10 CF R 2 790(dH1)

The mformation was submitted and received m confidence pursuant to 10 CFR 2 790idH2l 1

6 Tf'e wethheld mformation consists of interagency or mtraayency records that sie not available through dist.overy c.scing litigation (Exemption 6). Applicable Privilege:

Deliberative Process Disclosure of predecisional mformation would tend to inhibit the open and frank enchange of edeas essential to the deliberative process Where records are wethheid m theer entirety. The facts are mentricably intertworied with the predecisiona! mformat on There s'so are no reasonably segregabie factual por1 sons because the release of the f acts would permet an indirect movery mio the predecesional process of the agency Attomey wor 6 product pnvilege IDocuments prepared by en attornev en contempletas,n of htigation i Attorney.chent previlege. (Confidential communications between an attorney and his/her chent.)

6. The withtw d mformanon is esempted bom public disclosues because its disclosure would result m a clearly unwersanted mvasen of personal privacy (Ememption 6) y7 The withheld mformation consists of records compiled for law enforcement purposes and es being withhelci for the reason (s) mdicated (Ezernet!on 7)

Disclosure could reasonably be expected to mterfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of y

enforcement efforts, and thus could possibly allow recipients to take acten to shield potent.at wrongioing or a violation of NRC requirements from investigators (Enemption 7 ( All Disclosure would constitute en unwastanted mvas<on of personal privacy. (Ememption 7(Cl)

The mformation consists of names of md,viduals and other information the disclosure of which c ould 'resonabir be espected to reveaf identities of con 6dential sources. (Esemption 7 (D))

I oTHEFt l

PART li. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25(b) and or 9 25(ci of the U $ Nucies, Regulatory Commiss.on regWatsons, it has been determined that the mformation w thheld is ehemre ;eurri pro ductson or disclosure, and that its production or d+closu*e is cont'ary to the pubhc nterest The pe, sons responsibie for the den.at a*e those officials identified.seiow as deriymg effoals and the Director. D vision of Freedom of information and Pubhcations Services. orf,ce of Admmistration. for any den.a's that may be appealed to the.mecutive Directo' for operat.ns a Doi l

OtNyiNo orriCiat Titterofr Ct RtCoRDs DENitD a 4*EttAtt orriCiAt James Lieberman Director, Office of Inforcement EaN Appendix D X

l I

l l

l l

PART II. D-APPEAL RIGHTS The deniet by each denyme official identified in Part ll.C may be appealed to the Appehate Official identified trwre. Any such appeat must be made in writing withm 30 days of receipt of tMs response. Appsets must be addr9ssed as appropnate, to the E necutive Derector for Operations, to the Secretary of the Commission. or to the inspector General, U.S. Nuclear Regu4 story Commissen, Washington. DC 20$b5. and should clearly state on the envelope and in the letter that it is an "Appesi from an initial FOI A Decision."

l NRC F ORM 464 (Pan 2) (1911 U S. NUCLEAR REGULATORY COMMISSION

i 1

l 1

Re FOIA-93-355 APPENDIX D DOCUM5'NTS BEING WITHHELD IN THEIR ENTIRETY i

NUMBER DATE DESCRIPTION 1.

03/11/93 Office of Investigation Report, 01-3 013 -- Westinghouse Electric (72 pages)

Exemption 7 (A) l i

r I

i

[

l t

i i

f i

i

}

i h

i i

h i

l t

i b

I l

w-oer18<93 13:42 0310 694 6366 CITT DESK

@ coa

'o THE PLAIN DEALER Q11U' N. A M(st k 'l NLW bEAPf ft tect SUPERIOR AVE 216 344.4500 cLevCL,AND CHlo dot te O

OLL F E June 18e 1993 Mr. Donnie Grimslev, director FREEDOM 0f lNf0RMAT10M F0IA and Publication Stryices ggyggggggy I

U.S. Nuclear Regulatory Commission O[h%3d3 l

Washington D.C. 20555

/d 6-/M3 FAX: 301-492-4994

Dear Mr. Grimsley,

Under the provisions of the federal Freedom of Information Acts I reauest that the NRC provide copies of the following Office of Investigation reports:

s l

1). 3-81-074/ Perry 2). 3-82-039/ Perry 3). 3-82-045/ Perry /Zimmer 4). 3-82-058/ Perry 5). 93-83-012/ Davis-Besse 6). 83-83-023/ Perry 7). 83-64-014/ S ync o r Co rp.

8). 93-85-010/ Perry 9). Q3-85-016/ Davis-Besse 10). 83-85-017/ Perry 11). 83-87-014/ Davis-Besse 12), 3-87-017/ Davis-Besse 13). 3-87-017$/ Davis-Besse 14). 3-87-021/CWRU 15), a3-88-001/ Davis-Besse 163. 3-88-004/wrient-Patterson AFB 17). 3-88-008/ Davis-Besse J

{

e

f pe/18793 13:42 0216 694 6366 CITY DESK

@oos THE PLAIN DEALER or:.' 5 Lams : Nt *sHPt.%

1801 5*.f PERICR AVL 216 344 4500 CLCVCLAND. OHIO d4114 0x;0Tod FREE 800 362 0727 18). 3-89-013/Westindhouse Electric 19). 3-90-016/ Davis-Besse 20). 3-92-011/ Perry 21). 3-92-036/ National Inspection 22). 3-92-040/ Perry 23). 3-92-046/V.A. Lakeside 24). 3e92-052LGE.Nuc1 ear 25). 3-92-053/ Davis-Besse 26). 3-92-063/ Perry 27). 3-93-003/ Davis-Besse As a reporter for The Plain Dealer, I ask that you waive the search and copying fees as the information will be used in newspaper stories that will serve the public interest.

I freatly appreciate your help in, obtaining these 01 reports.

Feel free to ring me at 216-344-4808 with questions.

u n

~

ave Davis i