ML20202F818

Responds to FOIA Request for 3 Categories of Documents Re TMI-1.Forwards First Two Documents Listed on App.Documents Also Available in Pdr.Third Document Listed on App Withheld (Ref FOIA Exemptions 5 & 7)

ML20202F818
Person / Time
Site:	Three Mile Island
Issue date:	07/03/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Voigt H LEBOEUF, LAMB, LEIBY & MACRAE
Shared Package
ML19310H044	List: ML20202F818
References
FOIA-86-369, FOIA-86-A-93 NUDOCS 8607150238
Download: ML20202F818 (3)

Text

>RQtGy h

UNITED STATES i E # ), NUCLEAR REGULATORY COMMISSION r, s ; ivASHINGTON, D. C. 20555 s, v /

Harry H. Voigt, Esquire JUL 3 M LeBoeuf, Lamb, Leiby & MacRae IN RESPONSE REFER 1333 New Hampshire Avenue, NW TO FOIA-86-369 AND Washington, DC 20036 F01A-86-A-93

Dear Mr. Voigt:

This is in response to your letter dated May 23, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), three specified records relating to the TMI-1 plant.

The three requested records are listed on the enclosed appendix. The records identified at numbers one and two are being placed in their entirety in the NRC's Public Document Room in file folder F01A-86-369 under your name.

The record identified at number three is being withheld pursuant to Exemptions (5) and (7)(A) of the F0IA (5 U.S.C. 552(b)(5) and 7(A)) and 10 CFR 9.5(a)(5) and (7)(i) of the Commission's regulations. This record is a two-page memorandum to the Director, Office of Investigations, and the former Executive Director for Operations from the Secretary of the Commission reflecting predecisional matters discussed at a closed Commission meeting on a pending investigation regarding the TMI-1 plant. Release of this type of information would inhibit the frank and candid exchange of information in future Commission deliberations and inter-fere with an enforcement proceeding. Therefore, release of this information

, would not be in the public interest. This record does not contain any reasonably segregable factual portions and is being withheld in its entirety.

Pursuant to 10 CFR 9.15 of the Commissio.n'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 this denial is Mr. John C. Hoyle, Assistant Secretary.

This denial may be appealed to the Secretary of the Commission within 30 days g 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."

0607150238 860703 PDR FDIA PDR <

VOIGT86-A-93 t

i i

{ Mr. Voigt- .'!

<. This completes' action on this FOII request. In light of this response, no

! further action will be taken on your. letter of June 13, 1986, appealing our lack of response to this FOIA request.

Sincerely, i.

1 <.

/ /

1 f)M::d . , ( m,>,sl/ &-

Donnie H. Grimsley, Director '

4 Division of Rules and Records Office of Administration

Enclosure:

As stated i

l i

l i

l I

h l

i 1

i-i

)

i 1

h 4

_. . . . . . ._ . _ ~ . . . . . _ . _ , . . . . . . . _ _ . . . . . , . . _ _ _ _ . . . . . _ . - . , , . . . . ~ . - .. - . . _ . - - - ,

\

Re: F01A-86-369 APPENDIX

1. 05/03/84 Memorandum for Ben Hayes from Harold R. Denton re: NRR Review of OI investigation Materials Concerning Hartman Allegations of Falsification of Leak Rate Data at TMI Unit 2 (2 pages) er. closing a memorandum for Harold Denton from W.T. Russell re: NRR Review of 01 Investigation Materials Concerning Haitman Allegations of Falsification of Leak i Rate Data at IM: Unit 2 (8 pages) with enclosure re: TMI j Unit 2 Licensed Operations (3 pages)

2. 01/24/85 Memorandum for Harold R. Denton from William T. Russell re: Follow-up Action on Additional TMI-2 Operators

, (2 pages) with enclosures: Summary of Leak Rate Tests Performed by Currently Licensed Operators (Jan. 1, 1979 to March 28, 1979) (1 page) and Summary of Leak Rate Tests Performed by Individuals Who Are No Longer NRC Licensees January 1, 19/9 to March 28, 1979 (1 page)

3. 04/02/84 Memorandum for Ben B. Hayes and W. J. Dircks from j Samuel J. Chilk re: Staff Requirements - Discussion of 4

Pending Investigations - TMI (2 pages) l l

i 1

4-

h

%w

~ ,. - ,_y . . _ , - . _ -