ML20151S655

Final Response to FOIA Request for Documents.Forwards App C Documents.Documents Partially Withheld (Ref FOIA Exemptions 7,6 & 3)

ML20151S655
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	04/21/1988
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Maxwell B COSMOS BROADCASTING CORP.
Shared Package
ML20151S659	List: ML20151S655 ML20151S735
References
FOIA-88-15 NUDOCS 8804280412
Download: ML20151S655 (3)

Text

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. NUCLEAR RE!ULATORY COMMISSicN N .c toia tiovist uvvalam F01 A-88-15 l eisesi im rs

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INFORMATION ACT (FOIA) REQUEST APR 211988 pocsit wai. si ~, ,

140VistiR Bruce Maxwell PART 1.-RECORDS RELE ASED OR NOT LOCATED (See checaed bones)

No agency records subrect to the request have been located.

No additonal agency records sub, set to the request have been located Agency records subract to the request that are centAed e Append's ars iteasy avadstde for ps%c especten and copyuse e the NRC PA Document Room.

1717 H Street. N W., Washegion. DC C are bemg made asa'.atde for pu%c especten and copyeg e the NRC Putdec Document g Agency records subrect to the reawest 191 are asentded m ApW Room 1717 H Street. N W Washengton. DC. in a folder under the FOIA number and toowester name-The nonpropretary verson of the proposaks) that you agreed to accept ei a teiephone conversaten eth a member of my staM e now beeg made avalatdo for pu%c mspecten and coymg at the NRC F'wpc Document Room 1717 H Street. N W . Washegton, DC. e a fonder wnder this FOIA numoet and roovester name.

Enclosed as bformaton on how you may obtam access to Snd the charges for copyeg records placed m the NRC Pw%c Document Room.1717 H Street. N W., Washmgton DC.

Agency focords hb;ect to the te@est are enclosed Any arAatne cha'ge for copies of the records provided and payerent prosecures are noted m the comrnent? secton.

Kocords subsect to the request have been referred to another Federal agencybes) for revew and d<ect resporse to you.

in v.ew of NRC s ,.pon. to the roove.t. no fonhet act,on a b.ing isien on appeanener daeed PART ll A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certan informaton e the requested records a beirs withheid from puMc disclosure pursuant to the FOI A esemptons described in and for the reasons stated e Part 11. Sec.

tons 5. C. and D Any releaud portens of the darvmeets for which onh pa1 of the record e being wthme4d are terg made avadable for pu%c hspection and copyeg m X the (dRC Pw%c Document Room,1717 H Street. N W., Washegton. DC. m a foeder under the FOI A number and reowester name.

Comments

• Portions of document C-3 are being withheld because release of the information would disclose investigative techniques and procedures. (Exemption 7E) bboM28804p3 M WELLeg-15 peg A ,

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FREEDOM OF INFORMATION ACT RESPONSE FOtA NUMBEL$1: 88-15

~' PA1T fl B- APPLICABLE FOIA EXEMPTIONS oAtEAPR 21 m Records subject to the request that are descrted in the enclosed Appendices C are being withheld in their entirety or in part under FOtA Enemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulatons.

1. The wthheld information e propedy claswfed pursuant to Eiecutive Order 12%6 IExEMPTsON 11

2. The wT held mformacon relates sole #y to the miemal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The wthheid informanon is specificaey esempted from pubhc disclosure by statute anecated: (EXEMPTION &

Secten 141145 of the Atoms Energy Act which prohus the desciosure of hestncted Oata or Formedy Restncted Data (42 U S.C. 21612166L Secten 147 of the Atomic Energy Act whch proNtats the deciosure of Unclassefed Safegwards informaton (42 U.S.C. 21671.

4. The wthhe6d mformation e a trade secret or commer .al or financel eformaton that is being wthhe6d for the reason (s) indicated: (EXEMPTION di The mformaton is considered to be confdentel busmess (propretaryl eformation.

The informaton a cons.dered to be propnetary mfor 'ation pursuant to 10 CFR 2.790(dH1).

The informaton was submatted and recorved m confdence from a foregn source pursuant to 9 CFR 2 790(dH2L

5. The withhe6d informaton conents of interagency or intrangency records that are not evadable througe decovery dunng Irbgetion. Osclosure of p.edecis.onal information would tend to inhibst the open and frank enchange of ideas cuental to the deliberative process. Where records are wthhe6d in their entrety, the facts a e montncably etortwned wth the predecisonalinformaton. There also are w reasonably segregab6e factual portions because the re ease of the f acts would permit en mdroct inqury mto the prodocoonal process of the egency. (EXEMPTION 5)

6. The wthhend informanon e esempted from pubhc dec.ssure becawse ns **<4osure would resutt in a cleady unwarranted invason of personal pervacy. (EXEMPTION 6)

X X 7. The withhe6d eformation consets of mvestigatory records con 4>aed twr lavv enforcement purposes and a bemg wthh:4d for the reason (s) ind.cated. (EXEMPTION 7)

• Desclosure would interfere wth an enforcement proceedeg because et could reveal the scope. darxton and focus of enforcement effortt and thus could possoy snow them to take acton to snio6d potentet wongdomg or a vo'eton of NRC requvements from evestgators. (EXEMPTION 76 AH Disclosure would constrtute an unwstranted evesson of personal pnvecy (EXEMPTION 71CH The informaton consets of names of meviewa4 and other informaron the doctosure of which wow 6d reveal ideettbes of confiwentel sources. IEXEMPTION 710H PART la C-DENYING OFFICIALS Pursuant to 10 CFR S 9 and 'or 9 tlof the U S. Nwetest Regulatory Commasen regviatons, it has bwn cir*ermmed that the eformaton wthrend e esempt from product >on or escioswee.

and that rts producten or doclosure e contra y to the pubhc mterest. The persons responsible for the oenei are those cMiceis centifed below as denymg officers and the Ovector, Divson of RwLes anu Recoros. Office of Adminstraton, for any Genet that may be appealed to the Enocutrve 0<ector for Operations et soi DENYnNG OFHCJAL TITLE, OFFICE RECORDS DENTED APPELLATE OFFICIAL Regional Administator sicast m too A. Bert Davis Region III C-1 s 2s 4 and 5 X -

Director Office of Nuclear s

Hugh L. Thompson Katerial Safety & Safegdards C-3 X P ART 14 D- APPEAL RIGHTS The denial by each denying official identifed in Part F.C may be appealed to the Appellate Official identified in that secton, Any such appeal must be in wnting and must be made within 31 days of receipt of this response. Apoeals must be addressed as appropriate to ths Entcutrve Director for Operatons or to the Secretary of the Commesson. U.S. Nuclear Regulatory Commisson, Washv.gton DC 20555, and should clearty state on the envelope and in the letter that ft is an "Appeal from en initial FOIA Decision mac Fow see iPen a U.S. NUCLEAR REGULATORY COMMISSION

• asi FOIA RESPONSE CONTINUATION

Re: FOI A. 88-15 APPENDIX C RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION

1. 5/14/86 Telefax on Channel 7 Action News Story (5 pages) Exemption 6 2 1/14/87 Transmittal letter, portion of summary page from Inspection Report Nc. 50-255/86-033 (DRSS) Release attaching page from Details Section (4 pages) Exemption 3 and outside scope of request

3. - 7/27/87 Conversation Record (1 page) Exemption 7E

4. Undated Deficiencies in Addressing Equipment Tampering Event (2 pages)

Exemption 3 5 10/8/87 Inspection Report 87010 Response (4 pages) Exemption 3 1

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FREEDOM OF INFORMAT10K Jan. 4, 1988 ACT REQUEST Freedom of Information Officer U.S. Nuclear Regulatory Commission For.A -s 2 -1s Washington, D.C. 20555 /g / //_g 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 certain activities of the NRC's Intelligence Assessment Team and/or the Information Assessment Team.

I have references from the 1980-81 period to an NRC Intelligence Assessment Team, i ich apparently assessed threats against nuclear facilities. I 1.tarned in a phone call today to the NRC Public Affairs office that the group is nor called the Information Assessment Team, with the same purpose as the previous group.

I am interested in receiving any and all documents pertaining to any threats these teams have considered against any nuclear facilities in the states of Ohio and Michigan. I am seeking this information from the date the team was first created to the present date. I am particularly interested in receiving any docuwents these teams may have compiled concerning anti-nuclear groups in the two states.

I am making this reques t 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 reduce or waive the fees "if disclosure of the infomation is in the public interest because it is likely to contribute significantly to public understaading of the operations or accivities of the government and is not primarily in the comercial interest of the requester." I believe that my request fits this category, and I therefore ask that you waive any fees.

[ ,,(pt. [I ^w ,) a/ r t

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Freedom of Information Officer Page 2 As you're aware, the FCIA requires that even if some eaterial 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 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 inform me of your agency's administrative appeal procedures available to me under the law.

! In addition, I ask that your agency exercise its discretion to release information 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 1 look forward to hearing from you within 10 working days , as the law requires.

Sincerely, Yk '

Bruce Ma ell