ML20151K859
| ML20151K859 | |
| Person / Time | |
|---|---|
| Issue date: | 05/03/1985 |
| From: | Malsch M NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20151K691 | List:
|
| References | |
| FOIA-85-409, TASK-PINV, TASK-SE SECY-85-157, NUDOCS 8505310032 | |
| Download: ML20151K859 (13) | |
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POLICY ISSUE May 3, 198s SECY-as-1sv (Notation Vote)
For: The Commissioners From: Martin G. Malsch Deputy General Counsel
Subject:
FOIA APPEAL 85-A-1 (REQUEST FOR DRAFT LETTER TO CONGRESSMAN MARKEY) m W 5 h 5 01 $$)3 ' p (
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Martin G. Malsch Deputy General Counsel Attachments as stated Commissioners' comments should be provided directly to the Office of the Secretary by c.o.b. Thursday,-May 16, 1985; commission Staff Office comments, if any, should be submitted to the Commissioners NLT Tuesday, May 7, 1985, with an infor-mation copy to the Office of the Secretary. If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
Commissioners '
OGC OPE OCA OIA OPA EDO ELD SECY O
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.,GL,ERNMENT ACCOUNTABILITY PROJECT Institute for Policy Studies 1901 Que Street. N.W., Washington. D.C. 20009 (202)234 9382 March 21,1984 FREEDOM OF INFORMATION ACT REQUEST FREEDOM OF INFORMATION ACT REOUEST F TA -ty-2./O Director 8dh-07"8 Office of Administration U.S. Nuclear Regulatory Commission Washington, D.C. 20555 To Whom It May Concern:
Pursuant to the Freedom of Information Act (FOI A), 5 U.S.C. 5552, the Government Accountability Prcject (GAP) of the Institute for Policy Studies, requests copies of any and all agency reords and information, including but not limited to, notes, letters, memoranda, dra.'ts, minutes, diaries, logs, calendars, tapes, transcripts, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, any other data compilations, interim, and/or final reports, status reports, and any and all other records relevant to and/or compiled by the Office of Inspector,and .
Auditor (OIA) into the handling of the Region IV investigation and inspection of the firing of Mr. Charles Atchison.
Specifically, this request includes:
- all the information in support of 01 Report No. 4-83-001, August 24, 1983, issued Friday, March 16, 1934, and the covering memorandum from Mr. Ben Hayes and Mr. Guy Cunningham; ,
- OI Report No. 4-83-013 November 3,1983, and the covering memorandum from Mr. Ben Hayes and Mr. Guy Cunningham;
- the notes, logs, and all other information compiled by Region IV or 01 Staff regarding the "T-shirt incident" as reported in the Ft. Worth Star-Telegram in liarch,1984; and for all information in support of Vendor Inspection Report No.
99900530/84-01 into the Quality Assurance Program implemented by CYGNA Corporation during the conduct of the Comanche Peak Unit 1 Independent Assessment Program, dated February 17, 1984.
This request includes all agency records as defined in 10 C.F.R. 9.3a(b))and the NRC Manual. Appendix 0211 Parts 1.A.2 and A.3 (approved October 8,1980 , w,h ether they currently exist in NRC official " working" investigative or other fiks, 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, or are destroyed and removed after receipt of this request, please provide all surrounding records, m..
.IWir t t. March 21,1984 Page 2
'; ' Office cf Administration 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 date(s), individual, cffice and/or agency-wide policies and/or justifications for the action (s), identifi-cation of all personnel involved with the actions, and any and allgecords 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 considered as primarily benefitting the general public," 5 U.S.C. 552(a)(4)( A). The Goverrnent Accountability Project is a non-profit, nonpartisan public interest organization c:ncerned with honest and open government. Through legal representation, advice, national conferences, films, publications and 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 s;veral citizens groups and intervenors in Texas concerning the construction of the Comanche Peak Steam Electric Station.
We are requesting the above infomation as a part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power pl ants.
Fcr any documents or portions thereof that you deny due to specific FOIA exemption, please provide an index itemizing and describing the doctments or portions of documents uithheld. The index should provide a detailed justification of your grounds for claim-1tg each exemption, explaining why each exemption is relevant to the document or portion cf 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.
Very truly yours,
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g w l. iav &;.inu Billie Pirner Garde Citizens Clinic Dir ctor O
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UNITEJ STATES
., NUCLEAR CECULATORY COMMISSION s was,==oron o.c.mu ,
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Docket No. 50-445/446 DEC 2 7 E64 ' '
Ms. Billie P. Garde ,
Government Accountability Project IN RESPONSE REFER 1555 Connecticut Avenue, NW TO F01A-84-210 Suite 202 Washington, DC 20036
Dear Ms. Garde:
This is in further response to your letter dated March 21, 1984, in
- which you requested, pursuant to the Freedom of Information Act (FOIA),
five categories of documents. '
The documents listed on Appendix C are being placed in the NRC Public Document Room (PDR), 1717 H Street, NW, Washington, DC. You may obtain access by presenting a copy of this letter or by requesting folder F01A-84-210 in your name.
Documents 1 and 2 on Appendix D are being withheld in their entirety pursuant to Exemption (5) of the FOIA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Comission's regulations. These draft documents contain preliminary advice, opinions, and recomendations which do not reflect a final agency position. Release of these documents would tend to inhibit the open and frank exchange of ideas among the staff. There are no reasonably segregable portions of these documents. .
Portions of documents 3 through 5 on Appendix D are being withheld from public disclosure pursuant to Exemption (7)(D) of the FOIA (5 U.S.C.
. 552(b)(7)(D)) and 10 CFR 9.5(a)(7)(iv) of the Comission's regulations because disclosure of the information could identify confidential i sources. The nonexempt portions of these documents are being placed in the NRC PDR.
Pursuant to 10 CFR 9.9 and 9.15 of the Comission'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 the denial of document 1 -
are the undersigned and Robert Martin, Regional Administrator, Region IV. The person responsible for the denial of document 2 is John C.
Hoyle Assistant Secretary of the Comission. The person responsible for the denial of documents 3 through 5 is Ben B. Hayes, Director, Office of Investigations.
The denials by Mr. Martin and myself 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, addressed to the Executive Director for Operations U.S. Nuclear Regulatory Comission, Washington, DC 20555,
Billie P. Garde 2
and should clearly state on the envelope and in the letter that it is an
" Appeal from an Initial FOI,A Decision." The denials by Messrs. Hoyle and Hayes may be appealed within 30 days to the Commission and should be addressed to the Secretary of the Commission.
This completes action on your request.
Sin rely, J. M. Felton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated i
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. F0!A-84-210 Appendix C
- 1. 4/14/82 Statement of Charles A. Atchison *
- 2. 1/7/83- Case Chronology (1 page) 8/15/83
- 3. 4/7/83 Note for Mr. Cumings from J. Ahearne re: CASE's Answer to Opposition to Applicants' 3/31/83 Motion for Expedited Reconsideration of Comission Order (3pages) ,
- 4. 4/20/83 Action Slip re: RIVInvestigation(1page) -- .
- 5. 7/13/83 InvestigationStatusRecord(1page) ~
- 6. 10/7/83 Letter to M. K. Udall from N. J. Palladino re: Quality Assurance / Quality Control (3 pages)
- 7. 11/16/83 Memo to 8. Hayes from N. J. Palladino re: OIA Reports on RIV Investigations and Inspections atComanchePeak(1page)
- 8. 11/18/83 Memo to W. J. Dircks from J. T. Collins re: CIA Report " Comanche Peak--Markey letter re: Region IV Investigations / Inspections"(1page)
- 9. 11/21/83 Letter to E. J. Markey from N. J. Palladino re:
Whistleblower Allegation ( 1 page)
- 10. 11/21/83 Letter to E. J. Markey from N. J. Palladino re:
CASE with attached 4/15/83 letter from E. J. Markey ,
to N. J. Palladino and 4/13/83 letter to E. J.
Markey from J. Ellis (7 pages)
- 11. 11/23/83 Memo to W. J. Dircks from J. T. Collins re: 01A Report " Review of Concerns Expressed by Citizens Association for Sound Energy About Conduct of Region IVInvestigative/ Inspection"(8pages)
- 12. 11/23/83 Memo to W. J. Dircks from J. T. Collins re: OIA Report Entitled " Review of Concerns Expressed by the Citizens Association for Sound Energy About the Conduct of Region IV Investigations / Inspections" Revised 12/2/83(8pages)
- 13. 1/9/84 Memo to Chairman Palladino from B. B. Hayes re: OIA Reports on RIV Investigations and Inspections at ComanchePeak(1page)
- 14. 3/15/84 Memo to Comissioner Gilinsky, et al., from N. J.
Palladino re: News Media Re tigationDocuments(1page)questforInves-
. F01A-84-210 Appendix D
- 1. ndated Draft letter and report to R. J. Gary from G. L.
Madsen re: Special Inspection at Comanthe Peak (15 pages) a ed Draft letter to E. J. Markey from N. J. Palladino re: Investigation of NRC's Region IV (1 page)
- 3. 4/13/82 Investigator'shandwrittennote(1page)
- 4. 1/7/83 Investigator'shandwrittennotes(7pages)
- 5. 1/11/83 Investigator'shandwrittennotes(3pages) 3;.. .
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9 GOVERNMENT ACCOUNTABILHY PROJECT 1555 Csv.ed. cut Avenue, N.W,5uhe 202 '
Wc44rgic6. D.C. 20036 January 7,1985 (202)2324550 L ,
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William J. Dircks b Executive Director of Operations /
U.S. Nuclear Regulatory Commission Washington, D.C. 20555 44 d /* f -((
Re: Appeal from Initial FOIA Decision 84-210 -
Dear Mr. Dircks:
This is an appeal from an agency decision to not disclose two documents regarding the NRC's investigation into misconduct by NRC officials. Those two documents are:
- 1. An undated draft letter and report to R. J. Gary from I G. L. Madsen re: Special Inspection at Comanche Peak (15 pages). -
Draft letter to E. J. Markey from N. J. Palladino re:
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Investigation of NRC's Region IV (1 page).
After a review of the case law and the legislative intent of the Freedom of Information Act ("FOIA"), we believe your agency's refusal to disclose these documents is in error. We therefore appeal the initial decision and request reconsideration.
Sincerely, 14%.
Billie Pirner Garde Citizens Clinic Director BPG:me b
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