ML20155J701
| ML20155J701 | |
| Person / Time | |
|---|---|
| Issue date: | 05/16/1986 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML19301D984 | List: |
| References | |
| FOIA-86-40 NUDOCS 8605270167 | |
| Download: ML20155J701 (4) | |
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% , , , , , #, llAY 161986 Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 ( TO F01A-86-40
Dear Ms. Garde:
This is in further response to your letter dated January 14, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of documents generated in connection with SECY-85-404, " Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees," dated December 23, 1985.
Portions of the document identifled on enclosed Appendix E, and the documents identified on enclosed Appendix F, contain the predecisional analyses, opinions and recomendations of the staff for the Comission's consideration of proposed rulcmaking. Because the information reflects the predecisional process between the Commission and the staff, the information is exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5), and the Comission's regulations at 10 CFR 9.5 (a)(5). Release of the information would tend to inhibit the open and frank exchange of ideas essential to the C deliberative process. In addition, portions of the document on Appendix E contain personal information and are being withheld of the F0IA, 5 U.S.C. 552(b)(6) and 10 CFR 9.5(a)(6) pursuant of the to Exemption (6)
Comission's regulations. Disclosure of this information would constitute a clearly unwarranted invasion of personal privacy. The releasable portions of the document on Appendix E are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-86-40 in your name. The documents on Appendix F do not contain any reasonably segregable factual portions and are being withheld in their entirety.
Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined that the information withheld is exempt from produr. tion or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for this denial is Mr. John C. Hoyle, Assistant Secretary of the Comission, g2g7860516 GARDE 86-40 PDR
Ms. Billie Pirner Garde ,
This denial may b_e appealed to the Secretary of the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington', DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."
The search for and review of documents that are subject to your request are continuing. We will notify you upon completion of the searct and review.
Sincerely, Gh a /_ m Donnie H. Grimsley, Director Division of Rules and Records Office of Administration l
Enclosure:
As stated i
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F01A-86-40 APPENDIX E Documents Being Withheld in Part
- 1. 12/23/85 SECY-85-404, " Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees,"
(Approximately 100 pages).
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F01A-86-40 APPENDIX F Documents Being Withheld
- 1. 11/27/84 Note from Jane Mapes to various addressees attachin Office of Auditor and Inspector comments. (5 pages)g
- 2. 07/30/85 Memo from W. Olmstead to P. Bird and R. Brady, subject:
Unauthorized Disclosures of Sensitive Information -
Availability of Administrative Sanctions Against NRC Employees and Special Government Employees. (1 page)
[ Note: The attachment, a 5/2/85 memo from Chilk to Dircks, was addressed in our 4/23/86 response to you on this F0IA request.]
- 3. 11/12/85 Memo from W. Olmstead to various addresses, subject:
Unauthorized Disclosures of Sensitive Information -
Availability of Administrative Sanctions Against NRC Employees and Special Government Employees, attaching various drafts of SECY-85-404. (Approximately 500 pages) 4, 11/12/85 Memo from W. Olmstead to various addresses, subject:
Unauthorized Disclosures of Sensitive Information -
Availability of Administrative Sanctions Against NRC Employees and Special Government Employees, attaching various office comments, handwritten notes and drafts of
/ SECY-85-404. (Approximately 200 pages),
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! 5, 12/20/85 Memo from Guy Cunningham to W.J. Dircks, subject:
i Unauthorized Disclosures of Sensitive Information -
Availability of Administrative Sanctions Against NRC
] Employees and Special Government Employees, attaching i various office comments, handwritten notes and drafts of l SECY-85-404. (Approximately 120 pages).
! 6. Undated Draft copy of SECY-85-404, with comments and cite checks.
! (Approximately 200 pages).
- 7. Undated Various drafts of SECY-85-404, with handwritten notes. (40 -
pages).
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Government Accountability Project
!$55 Connecticat Avenue.N.W.. Suite 202 l n shington. D.C. 20036 - (202) 232 2 50 l l
IlilHe Garde Director. Environmental Whistleblowr G %:
January 14, 1986 FREEDOM OF INFORMATIotJ ACT REQUEST EREWOM OF INFOhMA j EON ACT REQUEST Director Fo.r A- s(,-yo '
Office of Administration Nuclear Regulatory Conunission
/d/dh Washington, D.C. 20S59 To Whom It May Concern:
Pursuant to the Freedom of Information Act ("FOIA"), 5 -
U.S.C. $552, the Government Accountability Project (" GAP")
requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, I interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer runoffs, any other data compilations, . interim and/or final reports, status reports, and a'ny and all other records -
relevant to and/or generated in connection with SECY 85-404,
" Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees," December 23, 1985. Specifically, we seek all records that describe the circumstances which generated this r,tudy.
This request includes all agency records as defined in 10 C.F.R. 59.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 198.0) whether they currently exist in the NRC official, " working", investigative or other files, 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 after this request, please provide all surrounding records, including but not limited to a list of all records which l have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connect' ion with, and/or issued in order to implement the action (s).
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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). GAP is a non-profit, non-partisan 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 offers assistance to local public interest and citizens groups seeking to ensure the health and safety of their communities.
We are requesting the above information as part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.
For any documents or pcrtions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the 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.
Sincerel ,
41E- 'wm Cd Billie Pirner Garde
. Director * ,,
Environmental Whistleblower Clinic t
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