ML20151N257

From kanterella
Jump to navigation Jump to search
Final Response to FOIA Request for Documents.Forwards Releasable Portions of App B Documents.Subj Documents Also Available in Pdr.Portions of App B Documents Withheld (Ref FOIA Exemption 3)
ML20151N257
Person / Time
Site: Fermi 
Issue date: 06/30/1988
From: Grimsley D
NRC
To: Maxwell B
COSMOS BROADCASTING CORP.
Shared Package
ML20151N259 List:
References
FOIA-88-227 NUDOCS 8808080159
Download: ML20151N257 (3)


Text

r U S S JCLE AR REGULATORY COMMISSION a O A

  • t om a.

I

.__E0 W 88-2".

se, v

. st,,,t I

RESPONJE TO FR EDOM O I

b- ----

I"

  • ,(

e g 3g g

-aq

...../

INFORM ATION ACT (FOI A) REQUEST s,.

DOco t T rwv H e 5 ' - e:. =:4.' e ag-ESMa Bruce Maxwell, WTOL-TV PART 1.-RECON:S AILE ASED OR NOT LOCATED (See chected bones I!No agency re'ords subpect to the request have Men located No additoral agency records subrect to the request have been scrxed Acency rscords subsect to the request that are it,entifed in Append s are afready avastable for pubhc rupecten and copyve, e ?e N AC Pubhc Docum,- aoom.

1717 H Street. N W., WasNagion. DC Agency 'ecerJs subsect to the esest thPt a e tent f ed en Accrea -

a e be+r g "a'e a.adaNe f or cwe mac t.e,' ar e - c. g c tre N A C Pubk. *..~e"

' Roorn 1717 M Street. N W W asvgtoa. DC, m a f>de' u de - s Q A Nmte' aed req uester rate n

I The nonprooneta v veesen of ee peopcsal's; that you ag>eed tc 3 2+:: n a tevphone ccc.ersaton w='m a raember of mv s'a'i m rsow bem; a:e a.adadie for puebc *s:ect<-

' and covog at the.N AC Putsac Occu*aent Room.1717 H Street,, A ashmG!on, DC. in a roide' under th's FOI A nurecer and re%estr a-e Enclosed is riormation on how youmay obts.n access to and tee ; 4 ges for copyeg records placed in the NRC Pubhc Document Room.17 - S'reet N W WasNng:,n. CC Agency records subr ct to the request are enclosed Ary apphcax evge for cope cf the records prowded and payment procedu'es are 'c'ec e the cornments sec*.cn.

e Records sub ect to the request have been referred to another Few a$,encybeM for revew and deect response to you f

In ve* of N AC's resporse to t%4 reauest, no furtter acton is t+ g tamen on appealletter dated PART 11 A-INFC AM ATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton m the requested records is being w'thheld f'o pubhc deciosu e pursuant to the FOI A enempices described e and for te easons stated v1 Part 11. sec-r XX tons 8. C and O Any released portons of the documents for a* ch only pad of tre record is being ethbeid are being made avadable fo* p.c=: capectaon and copy % am the NRC Puu.c oocuenent Room im H Streei. N W. Wash.nm DC. e a folderunder tNs FCIA number and roovemi ce Cor,rmets The releasable portions of the 01 Investigation Report identified on enclosed Appendix B are being placed in the NRC Public Document Room.

W

\\

e s aarc s - -

.e mso. c-s

,e

e.ps

" av 8800030159 B80630 PDR FOlA MAXWELt.GU-227 PDR

., e C so e u 464 e.,

a~

r 1

r bb"227 J0.na FREEDO$4 OF INFbRMTf10N ACT RESPONSE FotA WYBER.S DATE kg PAfli 118 - APPLICA8LE FOIA E xlVoTt0NS g

Records subtect to the mest that are described in the enclosed Append.ces _ _g are bemg withheld in their entirety or its part under FO:t-J Esemptions and for the easons set forth below pursuant to 5 U.S.C. 552(b) and w CFS 'e 5 a of NRC Regulations.

1. The et>heid enfor*av-5 t"ccerly ctessd.ed pursuant to Esecutive Order 12356 IEKEVPTION *
2. The wthheld mform4w eates sodely to tre internal personnet rules and procedures of NRC Lt EvailON 21 Ky
3. The uthbeid m'ormaw s scecifcaay esempted from publec d<sclosure by statute moscatec

!> EYeTiON 36 l

Secton 141 145 of e Atomac Energy Act whch proNbits the d,sclosure of Restricted Oata :r 8vmedy Pestncted Data (42 U S.C. 21612165L i

f 1

yy Section 147 of the e:- : Energy Act *Nch proNtes tke Ss:iosure of unciass f ed Sa'eg t v

~4 ton ia2 U S C 216h
4. The uthbetd mforway s a trade secret or commercial or f.nyc.al eformsteon that is being & ec Sr the reasW$l indicated IEXEMPfiON di The mformation is ws4ered to be confadent.al bus. ness (propnetaryl eformation i

The informaton is ws4ered to be propretary informaton pursuant to 10 CFR 2.790tolett

)

The mformation na s-D"v'ted and recerved m confedence from a foreign source pursuant 1: O C8R 2 790fdH2L j

1

5. The ethbeid eforrna.r.e consists of eteragency or etraagency records that are not avaitatde t* m.; discovery dunng lit.gation. Dsclosure of predecestonal infore 4t.on would tend to chibt ce open and frank exchange of ideas esseet.al to the debberatcre process More records are withheld m their entrety, the facts are menticably intertened wth the monal adormaton. There a so are no reasonably segregatse factual gr.r'ons tecause the re4 ease of the facts would permet an indirect eduery mto precocoonal process of the agency. IExEMPTION 5p
6. The uthheid informaw s enempted from pubhc dsclosure because its dsciosura would rese n a seady unwarranted invason of personal pervacy. IExEMPTION 6)
7. The ut* head <dormaw consists of evestgatory records comoded for law enforcement purpous a-o s being utkee'd for the tea s) indicated IEXEMPTION 7r D.sclosure would r F*ers *'th an enforcemeru proceed'ng tecause st could reveal the scope vec*on, and focus of enforcement eHorts and thus could poss.tsy anow trea *: *ame acton to s'wd potental *tongdo'ng or a vo;at.on of N AC reowe ts ' om enwes'iqators IEXEYPTION 71 AH Disclosse *ou d c:rsM.te an un*piranted evason of personal pnvecv (EXEVPTiON 7tCi j

s The enformation co ss s of nawes of mdv6a's and other eformaton the d sclosse of wNr c,ic reveal ideatit.es sf cor4ential sources IExEMPTION 7(D i PART 11 C-DENYING OFFIC ALS Pu suant to 10 CFR 9 9 sad v 1 5 of t** U S Nvciear Regulatory Comen.ssen regulatons et ras been orr- -e3 Pat the efe-4 ton were4d a emen et from producten or decsa r

and that its producten or es:cs e e contraw to te puo6'c eierest The persxs resoons>b.e for the v 4 a e t*cse o%s idento ed below as de e g oH.c.ais and the D'e:*

n O v. son of Ri es aM Recce:s CNe of Admnstraton, for any deua's that may be appea:ed to tne b 5e D. rector for Ope atens toot d

DENyWG Or54CA TITLE OFFICE

- ::aOS DEMED APPELLATE OFFICIAL Regional Administrator, stcar=

ico Bert Davis Region III A m.,_B yy i

l I

l i

P ART 110- APPE AL RIGH*S The denial by each devg oftcialidentifed in Part 11.C may be appeated to the Appebre 0%c al identif>ed in that section. Any suct. appeal must be in wnt ng and must be fee e

  • then % days of ruect of thes response. Appea's must be ad:ressed as appropoate to the Executive Director for Operatbns or to the Secretar'y of the Cc-t' ssion. U S. Nuclea Regulatory Commission, Washington, D M65. and should clearly state on the envelope and in the lette-that et is an " Appeal f : an inrtial FOtA Deconon."

j uc romu ass (P,121 U.S. NUCLEAR REGULATORY COMMISSM io n.

FOIA RESPONSE CONTINUATION j

1 i

F0!A-88-227 Appendix B (Documents Being Released in Part)

Inventory of Documents Contained in Office of Investigations' Case No. 3-86-006 OATE DOCUMENT DESCRIPTION EXEMPTION 1.

4/24/87 Memo from Ben Hayes to A. Bert Davis (2 pages)

Release 2.

4/24/87 Letter from Ben Hayes to Victoria Toensing (2 pages)

Release 3.

4/1/87 Report of Investigation - FERMI Power Plant, Unit 2:

Release Material False Statement (19 pages) 4.

7/1/85 Exhibit 1: Memo from Stuart Leach to James Piana (1 page)

Relesse 5.

Undated Exhibit 2: A CEO memo author 6d by Joseph Korte (1 page)

Release 6.

9/30/85 Exhibit 2A: A CEO printed message (1 page)

Release 7.

9/30/85 Exhibit 28: A CEO printed message (1 page)

Release 8.

9/30/85 Exhibit 20: A CEO printed message (1 page)

Release 9.

Undated Exhibit 3:Pages 36-38 of NRC Inspection Report 50-341/85047 Release (3pages)

10. Undated Exhibit 4: Report of Interview of Carolyn Lary (7 pages)

Release

11. Undated Exhibit 5: Report of Interview of Joseph Korte (7 pages)

Release

12. Undated Exhibit 6: Report of Interview of Dorothy Balent (3 pages)

Release 13, 9/17/86 Exhibit 7: Sworn Testimony of James Piana (40 pages)

Release 14.

9/17/86 Exhibit 8: Sworn Testimony of Wayne Hastings (65 pages)

Exemption 3, Portions 15.

9/17/86 Exhibit 9: Sworn Testimony of John Pipis (48 pages)

Release 16.

Undated Exhibit 10: Report of Interview of Paul Childs (5 pages)

Release

17. 4/30/86 Exhibit 11: Memo from Charles Weil to Jack Hind (4 pages)

Release 18, 8/13/86 Exhibit 12: Sworn Testimony of Sam Thompson (35 pages)

Exemption 3, Portions 19.

Undated Exhibit 13: Report of Interview of Joseph Conen (1 page)

Release 20.

6/24/86 Exhibit 14: Statement of Cynthia Cody (2 pages)

Release 21.

9/17/86 Exhibit 14A: Sworn Testimony of Cynthia Cody (44 pages)

Release J

~~~

WTOL-TV no a % ~

M

?."4lib5$

X c

. % ~

A cas e-$

April 8, 1988 FREE 00M 0F INFORMATl0M 0

S Freedom of Information Officer h k"M U.S. Nuclear Regulatory Commission Washington, D.C.

20555 FREEDOM OF INFORMATION REQUEST

Dear Sir or Madam:

This is a request for information under the provisions of the Freedom of Information Act as amended (5 U.S.C. 552).

I request a complete and thorough search of all filing systems for all records or documents maintained by your agency concerning an incident at the Fermi nuclear power plant.

The documents I'm interested in concern a request by the Nuclear Regulatory Commission to the U.S. Justice Department asking it to investigate whether a breakdown in the Fermi security system was concealed by Detroit Edison.

I understand that this recuest was submitted in February of this year.

The documents I'm interested in include, but are not limited to, investigative reports by the NRC about this incident; correspondence between the NRC and the Justice Department about the investigation request; correspondence between the NRC and Detroit Edison about the incident and investigation; and internal NRC documents about the incident and investigation request.

I am making this request in my capacity as a reporter for WTOL-TV.

I plan to use the requested information for a news story.

If there are any fees for searching for, or copying, the records I have requested, please supply the records without informing me if the fees do not exceed $50.00.

As you know, the Act permits you to :: educe or waive the fees "if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not prinarily in the commercial interest of the requester."

I believe that my request fits this category, and I therefore ask that you waive any fees.

W!!-CrW 2jef

l o

c,

. Freedom of Information Of ficer Page 2 As you're aware, the FOIA regures that even if some material is properly exempt from mandatory disclosure, all segregable portions must be released.

If all material covered by this request is withheld, please inform me of the specific exemptions that are being claimed; if material is being released with deletions, I ask i

that each deletion be marked to indicate which exemption (s) is (are) being claimed to authorize each particular withholding.

If any information is withheld, please also infor me of your agency's administrative appeal procedures availatie to me under the law.

In addition, I ask that you agency exercise its discretion to release infornation that may be technically exempt but where withholding would serve no important public interest.

I would appreciate your handling this request as quickly as possible, and I look forward to hearing from you within 10 working i

days, as the law requires.

Sincerely, Bruce Ma ell Reporter l

,