ML20197E578

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Further Response to FOIA Request for Six Categories of Documents Re Ofc of Investigations.Documents Listed on App a Available in Pdr.Apps B & C Documents Partially Withheld (FOIA Exemptions 5,7 & 6)
ML20197E578
Person / Time
Issue date: 04/03/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Adato M
UNION OF CONCERNED SCIENTISTS
Shared Package
ML20197E584 List:
References
FOIA-85-334 NUDOCS 8605150284
Download: ML20197E578 (5)


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  1. ~(o UNITED STATES 8 NUCLEAR REGULATORY COMMISSidN' g E WASHINGTON, D. C. 20555

%.....} m , me Ms. Michelle Adato, Research Associate Union of Concerned Scientists 1346 Connecticut Avenue, NW, Suite 1101 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-334

Dear Ms. Adato:

This is in further response to your letter dated May 1, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), that six cate-gories of documents that were originated by or pertain to the Office of Investigations be placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555.

The additional records listed on the enclosed Appendix A (continued) as items 84 thrnugh 91 are being placed in the PDR in folder F01A-85-334 under your name. Document 91 listed on Appendix A (continued) has been released following the NRC's consultation with the Department of Justice.

The document described in category two of your request is dated August 16, 1983 and is on file in the PDR as Accession No. 8411260158.

Portions of the records listed on the enclosed Appendix B as documents B1 e through B5, and documents C1 through C9, and C13 and C14 listed on the enclosed Appendix C, in their entirety, contain information which constitutes advice, opinions and recommendations of the staff. The documents pertain to possible staffing plans for the Office of Investigations and other predenisional matters.

This information is being 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. The documents listed on Appendix C do not contain any reasonably segregable factual portions.

Portions of document B5, and documents C10 through C12 in their entirety, are investigatory records compiled for law enforcement purposes, and the disclosure of this information would interfere with an enforcement proceeding. 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. This information is being withheld from public disclosure pursuant to Exemption (7)(A) of the F0IA (5 U.S.C.

552(b)(7)(A)) and 10 CFR 9.5(a)(7)(i) of the Commission's regulations.

Document C2 also contains a name the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, and it is being withheld from public disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C. 552(b)(6))

and 10 CFR 9.5(a)(6) of the Commission's regulations.

8605150284 860403 PDR FOIA ADATO85-334 PDR

Pursuant to 10 CFR 9.15 of the Commission's regulations, it has.been determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for the denial of documents B1 through B5, C1 through C7, and, C13 and C14 is Mr. John C. Hoyle, Assistant Secretary of the Commission. The person responsible for the denial of documents C8 and C9 is Mr. James A. Fitzgerald, Assistant General Counsel. The person responsible for the denial of documents C10 through C12 is Mr. Ben B. Hayes, Director, Office j of Investigations.

This denial may be appealed to the Secretary of the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

Finally, the subject was discussed in several NRC budget hearings before the Subcommittee on Energy and Water Development of the House Committee on Appropriations. These have been printed and are available from the Government Printing Office. Cites: Energy and Water Development Appropriations for 1985, Part 6 and Energy and llater Development Appropriations for 1986, Part 6. The subject was discussed during the April 17, 1985 hearing before the Subcommittee on Energy Conservation and Power, House Committee on Energy and Connerce.

Access to the transcript should be obtained through contact with the Subcommittee staff.

In light of this response to this request, we are taking no further action on your letter dated May 30, 1985, concerning our lack of response to your request.

This completes action on your request.

2 Sincerely, f& k w A)

Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated 1

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Re: F0IA-85.-334 APPENDIX A (Continued)

84. 08/05/82 tiemo to multiple addressees from Turovlin (5 pages)
85. 08/06/82 Memo to multiple addressees from Triner (18 pages)
86. 08/10/82 Memo to multiple addressees from Turovlin (6 pages)
87. 12/27/82 Memo to multiple addressees from Barry (21 pages)
88. 12/15/83 Memo to multiple addressees from Turovlin (5 pages)
89. 04/26/84 Meme to Triner from Schofield (6 pages)
90. 05/11/84 Memo to multiple addressees from Triner (3 pages)
91. 03/18/85 Letter to Chairman Palladino from Stephen S. Trott, Dept. of Justice (3 pages) a

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Re: F01A-85-334 APPENDIX B

1. 11/10/83 Memo to Commissioners from B. Hayes

Subject:

" Request from the House Committee on Appropriations." (12 pages)

2. 03/30/84 Memo to Commissioners from B. Hayes

Subject:

"First-Year Analysis-Workload vs. Staffing." (3 pages)

3. 12/27/84 Memo to B. Hayes from Levi

Subject:

" Additional Resources for 01." (11 pages)

4. 01/10/85 Memo to Fox from Schofield

Subject:

" Coordination of 01 Staffing Plan and SECY-83-453." (8 pages)

5. 03/26/85 Memo to N. J. Palladino from B. Hayes

Subject:

" Resources for the Office of Investigations." (28 pages) e h

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't Re: F01A-85-334

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l APPENDIX C l

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1. 05/17/82 Memo to Commissioners from J. A. Fitzger2.;d,

Subject:

" Staff Resources Requirements." (13 pages)

2. 01/11/83 Memo to N. J. Palladino from J. A. Fitzgerald,

Subject:

" Revised FY 1984-1985 Budget Estimates." (3 pages)

3. 07/27/83 Memo to N. J. Palladino from B. Hayes,

Subject:

" Partial Response to Greenspun Letter (Reference CR-83-79)." (4 pages)

4. 11/04/83 SECY-83-453,

Subject:

" Realignment of the Resources of the Office of Investigations." (7 pages)

5. 01/09/85 Memo to Commissioners from B. Hayes,

Subject:

" Resources for the Office of Investigations." (4 pages)

6. 02/04/85 Memo to Commissioners from N. J. Palladino,

Subject:

" Increasing OI's FTE Allocation for FY 1985." (2 pages)

7. 02/19/85 Memo to N. J. Palladino from S. J. Chilk,

Subject:

" Increasing 01's FTE Allocation for FY 1985." (5 pages)

8. 11/23/84 Memo to H. Plaine, General Counsel, from Comm. Zech,

Subject:

Investigations (1 page); Attachment, draft memorandum to Comm. Zech from J. Fitzgerald, Assistant General Counsel,

Subject:

Investigations. (9 pages)

9. 01/09/85 Memo to Comm. Zech from J. Fitzgerald, Assistant General Counsel,

Subject:

Investigations. (6 pages)

10. 07/08/85 Memo to Chairman Palladino from Ben B. Hayes,

Subject:

Notification of Opening of OI Investigations (2 pages)

11. 07/25/85 Memo to Chairman from Ben B. Hayes (2 pages)
12. 08/03/84 Memo to N.J. Palladino from Ben B. Hayes,

Subject:

Notification of Opening of OI Investigations (2 pages)

13. 05/10/84 Memo to Commissioners from Sharon Connelly,

Subject:

OIA Inspection of 01 Activities, w/ attached report & appendices (145 pages)

14. 07/25/83 Memo to Chairman Palladino from Hayes,

Subject:

Demetrios Basdekas. (1 page)

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UNION OF CONCERNED SCIENTISTS 1346 camiicuuveme, N.W. . S. I101. WasMngte, DC 20036. g00 296m May 1, 1985 Mr. J. M. Felton, Director ESEEi>0M OF INFORMATION Division of Rules and Records " w j GT.flEQUEST Office of Administration U.S. Nuclear Regulatory Comission Washington, D.C. 20555 {g,ggg3 FREEDOM OF INFORMATION ACT REQUEST

Dear Mr. Felton:

Pursuant to the Freedom of Information Act, please make available for ptablic review at the NRC's Public Document Room in Washington, D.C., a copy of the following documents:

1. Memoranda from Mr. Fitzgerald, then of the Office of Investigations, to Chairman Palladino, during the period of July-August 1982.
2. Memoranda from Mr. Hayes of OI, to Chairman Palladino, during the

,, period of July-August 1983 3 Menorandum from Hayes to Palladino, dated July 9,1985, with attachments.

4. All OIA audits of OI.
5. All documents, including but not limited those produced by the Office of Congressional Affairs, pertaining to staffing levels at OI.
6. All documents pertaining to the possible moving of OI from a Commission level office to an office under the EDO.

Should there be any questions regarding this request, please do not hesitate to contact me at UCS's Washington, D.C. office at 296-5600. Your cooperation in responding to this request within 10 working days is appreciated.

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Sincerely,

--(ap5*^A '

h h j // k k f PDA I'f Michelle Adato Research Associate Main Office: 26 Church Street . Cambridge, Massachusetts 02238 . (617) 547-5552 i