ML20195C397
| ML20195C397 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 05/21/1986 |
| From: | Steelo V, Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML20195C402 | List: |
| References | |
| FOIA-85-614, FOIA-86-A-38, RTR-NUREG-CR-3795, RTR-REGGD-01.075, RTR-REGGD-1.075, RTR-REGGD-RG1.075 NUDOCS 8605300259 | |
| Download: ML20195C397 (3) | |
Text
PL)e-ofb 8
e arroy'o, UNITED STATES 8
3 NUCLEAR REGULATORY COMMISSION h
WASHINGTON, D. C. 20555
\\...../
Ms. Billie Pirner Garde, Director MAY 2119lE Environmental Whistleblower Clinic Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F0IA-86-A-38 (F01A-85-614)
Dear Ms. Garde:
This is in response to your letter dated March 19, 1986, in which you appealed Mr. Donnie H. Grimsley's letter dated March 7,1986, which denied-in-part your Freedom of Information Act (F0IA) request for documents concerning the staff's determination of a potential material false statement on U-Bolt sample (BN-85-077).
Acting on your appeal, I have carefully reviewed the record in this case and have determined that some additional information will be provided to you.
Therefore, your appeal is partially granted and partially denied.
Document three and portions of documents one, two, and four listed on the enclosed appendix are now being made publicly available and are enclosed.
The remaining portions of documents one, two, and four will continue to be withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C.
552(b)(5)) and 10 CFR 9.5(a)(5) of the Consnission's regulations, d
The withheld portions of documents one and two listed on the enclosed appendix contain the advice, opinions, and recommendations of a member of the Enforcement Staff to the Director of the Enforcement Staff. As such, they do not reflect final agency decisions. Exemption (5) was intended to pennit the agency's withholding of such information to preserve the free and candid internal dialogue necessary for the careful formulation of agency decisions.
Document four is an undated, unsigned draft of a memorandum that was never issued. The segregable factual portions are being made publicly available, as noted above. The withheld portion contains the opinions of the Enforcement Staff which were predecisional to the decision of whether or not the NRC should conduct an investigation into the matter of a possible material false statement.
Exemption (5) shields from mandatory disclosure documents generated in the deliberative process that precedes most decisions of government agencies.
8605300259 860521 PDR FOIA GARDE 86-A-38 PDR
Ms. Garde This is a final agency action. As set forth in the F0IA (5 U.S.C. 552 (a)(4)(B)), judicial review of this decision is available in a district court of the United States in the district in which you reside, have your principal place of business, or in the District of Columbia.
Sincerely,
~
Victor Stblio, Jr.
Executive Directo for Operations
Enclosures:
As stated i
APPENDIX 1.
Undated notes of E. Holler (4 pages) 2.
January 9,1985 - Note to J. Axelrad, IE, from E. Holler, IE,
Subject:
Comanche Peak - Alleged "U" Bolt Material False Statement (1 page) 3.
March 21, 1985 - Memorandum for W. J. Dircks, EDO, from J. M. Taylor, IE,
Subject:
Request for an Investigation by the Office of Investigations (1 Page) 4.
Undated / Unsigned memorandum to B. Hayes, 01, from W. J. Dircks, EDO,
Subject:
Possible Material False Statement Concerning U-Bolt Supports at Comanche Peak Steam Electric Station (1 page) i i
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