ML20151Y282

From kanterella
Jump to navigation Jump to search
Final Response to FOIA Request for Documents.Informs That No Addl Records Subj to Request Available Because Subj Records Discarded or Could Not Be Located
ML20151Y282
Person / Time
Issue date: 08/09/1988
From: Grimsley D
NRC
To: Devine T, Dixon C
GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-84-743, FOIA-84-744, FOIA-84-776 NUDOCS 8808260327
Download: ML20151Y282 (1)


Text

_ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .

U S. NUCLEAR REGULATo?Y COMMIS$10N w sw qwest e,wuse**' FOI A-WM

    • " %* EQIA-84-144_an,e_s. as dF ten OIA-84-7%

.. e., ,

f*j RESPONSE TO FREEDOM OF .X I *' I I' *

/ INFORMATION ACT (FOIA) REQUEST gg g 8toutlfit Mr. Devine and Ms. Dixon PART t.-RECORDS RELEASIO OR NOT LOCATto (See checeed bones)

No evency records hbrect to the request have been located.

No ad&toral agency records hbrect to the roovest have been located Ageacy records Abrect to the roowest thet are coetfed e Appenen are Wrud, available f or putAc arspecten arW copveg in the NRC Putec Docor rent Room.

1717 H 5treet. N W , Wuhegton. DC Agency records sutvect to the request th 1 are asentd ed an Ars+ndia a o teng ma$e svedable for pwtec cac+cton and coeveg in the NRC Pwtec Document Coom,1717 N $treet N W . Wuhegton. DC, m 4 fceder under the FotA numter end teavester name The nonpropretary verson of the propoulist that vow agreed to accept en a tWephone Cor%ersaton **th a member of my staM e no beeg made avslatde for public enspecten end Coyeg at IPs NRC PutAc Dccwereet Room,1717 H $treet. N W WatNngton, DC e m 4 okser f wr%3er the FotA numter and reawester name.

Inclooed 4 informatson on ho* yow fe4y ot'taan access to 4md the charges for copyeg records placed a tne NRC Pwtdic Document Room.1717 H Strwt. N W , Was egton. OC.

Agency records hbrect to the foquest s's encioned Any apphCatde <>4'ge for coces of the recor$s provided and payerent procedures are noted m the comments section.

c. cords Abw to e. rewn, h,,e t.e retcred io .noth.. Fede,, .gency4.si for ,eme and d. rut ruporw to you in oe NRC i racon io e. reawai. no fwr eer utee . e ng m.n on .pp.s iew o.,ed PART 11 A-INFORMATION WITHHELO FROM PUBLIC DISCLOSURE d4cioswe e pwthent to the FoiA esemptions described e end for the reasons stated an Pa's II. sec-Certae eformaton t.on. s. C. ed o Any inr.uthe reowested d porton. of eeruords documentsis t* rg fo,*4tehead h.ch on from pwtes,y pri of the ,uord . t..ng rweid ce b..ng m.de e,.4ae.e fo, puu.c in. puton end copyeg =

es NRC Pwt+c ooe-1 Room. iri? H strut. N W . WpPwegton OC, e a fonder vader the FotA number and reawester name Commeets We have determined that the NRC has no additional recceds subject to your requests. For your information, copies of 22 records which had been previously identified by the staff as subject to your requests had not been provided to the EOIA office. In attetTpting to gather thore records, the FOIA office discovered that the staff person in Region III who participated in the Diablo Canyon Task Force and who had gathered the records had discarded them with the passage of time without knowledge that he had the only copies.

Lastly, one other record previously identified as a staff motion dated March 15, 1984, before the Atomic Safety and Licensing Board could not be located. It is our belief that this was a draft motion that was never filed before the Board because the Board has no record of this motion and staff counsel cannot find a copy of this motion.

8808260327 880009 PDR FOIA DEVINE84-743 PDR 5'Gui DietCf oe Dev'$Co. Utti a 0805 l

t C ;C F R M 464 e ,

e er

GOVERNMENT ACCOUNTADIUTY PROJECT lhstitute for Pohcy Studies 1001 Que Street N W. W:1 agton D C. 20009 (202)23d 038:

September 13, 1984 Of i f Administration IU U.S. Nuclear Regulator r Cor: mission

' NI Washington DC 20555 To Whom It May Concerr.:

FOIA -f V- M3 h $-/ Q.

Pursuant to the Freedon of Information Act (FOIA), 5 U.S.C. 5552, the Government Accountability project (CAP) request copies of any and all agency records and inf ormation, including but not limited to notes, letters, mesoranda, draf ts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures; instructio:s, files, graphs, engineering analyses, charts, maps, photo-graphs, agreements, ha:dvritten notes, studies, data sheets, notebooks, books, tele-phone messages, computations, voice recordings, any other data compilations, interim and/or final reports, status reports, and any other records relevant to and/or generated in connectio: with the Safety Evaluation Report related to the operation..

of the Diablo Canyon Eclear Power Plant, Unit I and 2, NUREG-0675, Supplement No. 26, which provided the NRC Staff's further findings on whistleblower charges. We request that each responsive document be identified by the allegation number (s) to which it may relate.

If any of the materials covered by this request have been destroyed and/or removed, please provide all surrounding documentation, including but tot limited to a de-scription of the actio:(s) taken, relevant date(s), and justification (s) for the action (s).

CAP request that f ees be vaived, because " findings }nformation can be considered as

! primarily benefitting the general public," 5 U.S.C. 5552(a)(4)(A). GAP is a non-profit, non-partisan public interest organization concerned with honest and open government. Through legal representation, advice, national conferences, films, pub-lications and public outreach, the project promotes; whistleblowers as agents of government accountability. We are requesting the above inforsation as part of an on-going monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.

For any documents or portions that you deny due to a specific TOIA exemption, please provide an index itemizing and describing the documents or portion of documents withheld. The index sbauld provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the docu=.ent 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.

Your s , c ruly.

.i

. M4 hocas Devine bC ;stalMkN Dixon Legal Director, CAP legal Intern

  • '&$0$ ? $$$$ If

GOVERNMENT ACCOUNTA0lllTY PROJECT Institute for W cy 5tudies 1901 Ove 5"eet N W Washington D C 20000 (202>234 OSi:

Sept e:nber 13, l H.

~

FREIDOM Of INf0RMAlm Director ACI REQUEST Of fice of Ad:sinistration U.S. Nuclear Regulatory Coccission hg [/y Washingte . DC 20555 Q ig j To Whom It May Concern:

Pursuant to the Freedom of Information Act ( F01A) , 5 U.S.C. 5552, the covernment Accountability Project (CAP) request copies of any and all agency records and information, including but not limited to notes, letters, memoranda, draf ts, ,

minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, files, graphs, engineering analyses, charts, maps, photo-graphs, agreements, handwritten notes, studies, data sheets, notebooks, books, tele-phone messages, computations, voice recordings, any other data compilations, interim and/or final reports, status reports, and any other records relevant to and/or generated in connection with the Safety Evaluation Report related to the operation of the Diablo Canyon Nuclear Power Plant, Unit 1 and 2, NUREC-0675, Supplement No. 22, which provided the NRC Staf f's further findings on whistleblower charges. We request that each responsive document be identified by the allegation number (s) to which it may relste.

If any of the materials covered by this request has been destroyed and/or removed, please provide all surrounding documentation, including but not limited to a de-scription of the action (s) taken, relevant date(s), and justification (s) for the action (s).

CAP request that fees be waived, because " findings information can be considered as primarily benefitting the general public " 5 U.S.C. 5552(a)(4)(A). CAP is a non-l profit, non-partisan public interest organizati:n concerned with honest and open governsect. Through legal representation, advice, national conferences, films, pub-lications and public outreach, the project promstes whistleblowers as agents of government accountability. We are requesting the above information as part of an on-

going monitoring project on the adequacy of the NRC's ef forts to protect public safety and health at nuclear power plants.

For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itenining and describing the documents or portion of documents j, withheld. The index should provide a detailed justification of your grounds for l claiming each exemption, explaining why each exemption is re. levant to the document l or portion of the doeunent withheld. This indez is required under Vauthn v. Rosen(I),

I 484 F.2d. 820 (D.C. Cir.1973), cert. denied, 415 U.S. 977 (1974).

i l We look forvard to your response to this request within ten days.

l Your truly Thomas Devine hM Crystal Dixon Legs 1 Director Legal Intern

. J; 'a

+. n _q, i W20 N7 79 ,f' ,Y

-o-I COVEANMEhi /,CCOUNTADIUTY PAORCT 1555 Cemect. cut Awnve, N.W.. bre 202 wasNewyon.DC 20036 (202)202 6550 Freedom of Information Act Request FREEDOM OF INFORMATON ACT REQUEST Of e f A:t.inistration

" kOIM Y Y~ Db h gton D 2 5 GU' lDYO To Whom it May Concern:

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 5552, the Government Accountability project (GAP), requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, einstes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, prceedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studips, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer run-offs, an/ other data compilationse interim and/or fiori reports, status reports, an: any and all other records' relevant to and with the "Safety Evaluation Report" related to the ope /or . generated ration of Diablo in Canyon connection Nuclear Power Plant, Units 1 and 2 (Docket Nos. 50-275 and 50-323). This report was published by the NRC Office of Nuclear Reactor Regulation in July 1984 j

This request includes all agency records as defined in 10 C.F.R. l9.3a(b) and the i

MRC knual, Appendix 0211, Parts 1. A.2 and A.3 (approved October 8,1980), whether they currently exist in the NRC official, "working," investigative or other files, or at any other location, including private residences.

If any records a5 defined in 10 C.F.R. l9.3a(b) and the NRC knual, supra, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, 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 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 con-sidered as primarily benefitti'ng the general public " 5 U.S.C.j552(a)(4)(a). GAP is a non profit, nonpartisan public interest organization concerned with honest and open government. Through public outreach, the Project promotes whistleblowers as agents of government accountability. Through its Citizens Clinic, GAP of fers assistance te local public interest and citizens groups seeking to ensure the

)

] y , T S G A .4 7 M W C// . -. -_ ._ __ .

l Director Office of Administration page Two health and safety of their c:r.munities. The Citizens Clini'. is cuarently assisting citizens groups, local governments and intervenor', in cc.r.ection with investigations of the Liablo Canyon Nuclear Power Plant in Ca'ifornia.

We are requesting the above infortnation as part of an ongoing monitoring project on the adequacy of the NRC's ef forts to protect public safety and *-ealth at nuclear power plants.

For any documents or portions that you deny due to a specific F01 A exemption, please provide an inden itesizing ar.d describing the documents or portions of documents withheld, The inden should provide a detailed justification of your grounds for claiming each esemption, explaining why each exemption is relevant to the document or portion of the document withheld. This inden is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C.Cir.1973), cert. denied, 415 U.S. 977 (1974).

Yours truly, M

Thos.as Devine Legal Director Richard E. Condit legal Intern I