ML20155J721
| ML20155J721 | |
| Person / Time | |
|---|---|
| Issue date: | 02/15/1983 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Rehm T NRC |
| Shared Package | |
| ML19301D984 | List: |
| References | |
| FOIA-86-40 NUDOCS 8605270176 | |
| Download: ML20155J721 (4) | |
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UNITED STATES
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'..f,I February 15, ~ 1983
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t MEMOP.AtiDUM FOR:
Thomas A. Rehm Assistant for Operations THRU:
f.Mtricia G. Norry, Director Office of Administration FROM:
J. M. Felton, Di rector Division of Rules and Records Office of Administration SU5 JECT:
"ItiADVERTENT" RELEASES UNDER THE FOIA In response to your note of January 28, 1983, we have checked with the staff of the FOIA/PA Branch, DRR, OELD, OGC, and SECY.
The only " inadvertent" releases we are aware of since 1975 are the five instances discussed in the enclosure.
During that same period, we processed approximately 3,600 FOIA requests.
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Thomas A. Rehm.
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. M. Felton, Director Division of Rules and Records Office of Administration
Enclosure:
As stated I
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- 1.
F0l A-82-426 (FOI A Appeal 82-A-24).
Request by Diane Curran on Behalf of Union of Concerned 5csentists for all documents considered in connection with the environmental qualification rulemaking.
The Office'of the General Counsel in SECY-83-18 ~ advised the Consnission in its review of the Curran FOIA Appeal that two " inadvertent" disclosures were made in response to the initial FOIA request.
These are discussed in items (a) and (b) below.
(a)
In an October 14, 1982 letter from J. M. Felton, the NRC responded to the Curran FOIA request and released as Document 26 a memorandum dated November 18, 1981 from S. Chilk to W.
Dircks. Also released was an attached memorandum from Consnissioner Ahearne to W. Dircks dated November 17, 1981, asking a number of questions. The attached memorandum was not an enclosure to the original document and was not identified separately on the appendix as an enclosure to Document 26.
However, the same response letter did list a December 2,1981 memorandum from W.
Dircks to Comissioner Ahearne separately as Document 29 on the appendix, and indicated it was still pending review.
Subsequently, in a response by letter dated flovember 8,1982 Document 29 was withheld.
It was not until the review of the documents on appeal that it was recognized that having released the attachments to Document 26 (Commissioner Ahearne's questions),
there was no further point in withholding Document 29 (the responsetothequestions).
Following normal procedures, the documents subject to the
,r October 14 and November 8 responses were cleared with Comissioner Offices by SECY and,'because of the pending court suit by Curran, also reviewed and concurred in by OGC.
(b) By letter dated November 8,1982, from J. M. Felton, Document 34, a December 14, 1981 memorandum from Commissioner Ahearne to W. Dircks asking questions, was withheld.
Document 45, a January 20,1982 memorandum from W. Dircks to Comissioner Ahearne responding to his December 14, 1981 semorandum, was released in the November 8,1982 response.
Although Document 45 repeated the substance of Comissioner Ahearne's questions listed in Document 34, the DRR, 0GC, and SECY staffs failed to connect the two documents.
The staff recomended the release of Document 45, and it was cleared by 0GC and SECY following normal procedures.
2.
F0! A-82-117.
Request by Warren Liebold for documents relatino to the Hayward Tyler Pump Company investigation.
A response letter dated April 12, 1982 from J. M. Felton to the
. requester addressed 31 documents.
Among these was a document containing the name of a confidential source which should have been -
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l withheld. When the error was discovered a few days 'later, all parties, including.the confidential source, weri notified of the r
e rror. The documents were returned to DRR, and clean copies were subsequently made available.
This disclosure was discussed in a memorandum dated May 10. 1982 from P. Norry to the Comissioners.
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4 Request for documents relatino to 10 CFR Part 73.
A Comission paper related to subject request was inadvertently released as an unclassified document when it should have been withheld because it was classified.
A report of inquiry, which also addressed this release, was conducted by SEC, and the EDO provided this information to the Com.ission by classified correspondence dated January 5,1983.
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