ML20196B216

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Responds to Appeal of Denial of FOIA Request for Documents Listed on App C,Per Dh Grimsley .Encl Documents Listed on App Also in Pdr.Documents Partially Withheld (Ref FOIA Exemptions 5 & 7)
ML20196B216
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 02/05/1988
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Bauman L
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20196B221 List:
References
FOIA-87-558, FOIA-87-A-97 NUDOCS 8802110093
Download: ML20196B216 (3)


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Ms. Linda Bauman Government Accountability Project FEB - 51988 Midwest Office IN RESPONSE REFER 104 E. Wisconsin Avenue TO FOIA-87-A-97 Appleton, WI 54911 (F01A-87-558)

Dear Ms. Bauman:

This is in response to your letter dated November 6, 1987, in which you appealed Mr. Donnie H. Grimsley's response dated October 29, 1987.

Mr. Grimsley's response denied seven documents subject to your Freedom of Information Act (F0IA) request for documents concerning the establishment of an allegation review comittee and their findings at the June 25 and July 15, 1987 meetings.

Acting on your appeal, I have carefully reviewed the ecord in this case and have determined that some additional information can now be made publicly available. Your appeal is, therefore, partially granted and partially denied.

Documents two and four and portions of documents three, five, six, arid seven listed on the enclosed appendix can now be made publicly available and are enclosed. Document one and the remaining portions of documents three, five, six and seven listed on the enclosed appendix will continue to be withheld from public disclosure aursuant to Exemptions (5) and (7)(A) of the FOIA (5 U.S.C. 552())(5) and (7)(A)) and 10 CFR 9.5(a)(5) and (7)(i) of the Consnission's regulations.

Document one and the enclosure to document :cven are drafts which are clearly predecisional because they were prepared prior to and in the course of reaching a final agency decision. These documents describe the preliminary opinions of the staff. Exemption (5) was intended to permit the agency's withholding of such documents to preserve the free and candid internal dialogue necessary for the careful formulation of agency decisions.

The withheld )ortions of documents three, five, and six contain information t1e release of which could reasonably be expected to interfere with an ongoing enforcement action.

Release of this information could allow those being investigated to learn the scope, direction, and focus of investigatory efforts, and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators.

G802110093 000200 NmA A-97 PDR

Ms. Bauman This is a final agency decision. 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 or have your principal place of business or in the District of Columbia.

Sincerely, I

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W VitorStell,J[

xecutive Director for Operations

Enclosures:

As stated 1

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Re: F0!A-87-A-97 (FOIA-87-558)

APPENDIX 1.

Undated Draft of OSP Office Procedure 0170 on Management of Allegations. (45 pages) 2.

Undated 6/25/87 ARC Meeting Agenda. (1 page) 3.

7/8/87 Minutes of OSP Comanche Peak Allegation Review Comittee Meeting. (8 pages) 4.

Undated 7/15/87 ARC Meeting Agenda. (1 page) 5.

7/24/87 Minutes of OSP Comanche Peak Allegation Review Comittee Meeting. (3 pages) 6.

6/25/87 Memo from I. Barnes to P. McKee - Status of Post TRT Allegations shown as open AMS. (2 pages) 7.

Undated Handout from meeting on Allegation Management Process includina a 5/19/87 draft of OSP Procedures 0170.

(Release ~ cover page) (36 pages)

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