ML20203D407
| ML20203D407 | |
| Person / Time | |
|---|---|
| Issue date: | 02/23/1998 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| NUDOCS 9802260051 | |
| Download: ML20203D407 (4) | |
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UNITED STATES E
g NUCLEAR REGULATORY COMMISSION WASHINGTON, D.O. 30006-0001 February 23, 1998 MEMORANDUM FOR:
L. Joseph Callan Executive Director for Operations FROM:
ctor Office of Nuclear Reactor Regulation
SUBJECT:
STATUS OF ACTIONS RESPONDING TO REl. EASE OF AL'.EGATION iNFORMATION IN RESPONSE TO FREEDOM OF INFORMATION ACT REQUESTS The staff has completed most of the actions outlined in your memo on the same topic dated February 11,1998. A status on each action is provided below.
1; Identify and inform the allegers whose identity may have been dividged to the public through incomplete redachon or inappropriate release of information contsined in or pertaining to allegation files. (Ac; ion: Region 11 due 2/13/98)
Between February 6 and 9,1998, t')e Region 11 staff attempted to contact 20 allegers whose identities either may iiave been or were compromised by the FOlA responses. The staff spoke to 15 of the allegers and one spouse. Of the temsining four, messages were left on answering machines for two of the allegers and the telephone numbers of the other two were disconnected.
On February 10,1998,' the Region il staff mailed cc:tified letters to the five allegers who were not reached by telephone.
- 2. Identify the information that was not sufficiently redacted or inappropriately released and inform members of the public known te be in possession of the information of the potential.
implications of divulging '. hat information to others. Request that the insufficiently redacted
. versions be rettmed and provide property redacted versions (Action: NRR due 2/13/98) _
On January 30,1998, the Agency Allegation Advisor contacted the reporter and the editor,.
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explained the error, and asked that they exchange the information for appropriately redacted
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material. The repc,1er agreed to discuss this with the editor and to call back. Region ll contacted the licensde and asked them to retum the information they had received. On
)3 February 4,1998, Mr. Baker spoke to the reporter and the reporter informed him that the paper was willing to exchange the inappropriately released material on a page basis. Based on the newspaper's willingness to retum the "sterial, the licensee agreed to retum the material as well.
The revised Appendix B to FOIA 97484 was faxed to the newspaper on February 6,1998. The rest of the replacement pages for the responses to FOIAs 97461 and 97-484 were express mailed to the newspaper on February 9,1998. During a telephone conversation between tne reporter and a representativa of the FOIA/LPDR branch on February 11,1998, the reporter stated he could not find the original version of Appsndix B and stated he thought either he never received it or he had not kept it. As of February 13,1998, the other original pages had not been retumed.
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- 3. Retract FOIA responses that were inappropriately placed in public document rooms and provide property redacted versions. (Action: FOIA/LPDR Branch / Region 11 due 2/13/98)
The respor,se to FOtA 97-461 was placed in the PDR and put into the NUDOCS system and distributed on microfiche to the LPDRs. The response to FOIA 97-484 was placed in the PDR but was not put into NUDOCS for distribution on microfiche to the LPDRs. On February 2,1998, the responses to both FolAs were removed from the PDR. On February 5,1998, the FOIA/LPDit Branch requested that the local PDRr, retum the original microfiche of FOIA 97-461 to the LPDR Coordinator. On February 13,1998, the appropriately redacted verslogs of the responses were placed in the PDR and resubmitted to NUDOCS for microfilming and redistiibutinn to the LPDRs. On /ebruary 13,1998, Region ll received from the licensee their remaining copy of the response to FOIA 97-461. The licensee indicated that all other copies had been destroyed and that they did not receive a copy of the response to FOIA 97-484.
- 4. Review all Region 11 FOIA responses for the past year that were placed in the public document room to determine if there have been addisanal hstaneet where information regarding l
allegers was not appropriately redacted or inappropriately released to the public. (Action:
Region ll due 2/27/98)
Tnis activity is still underway.
- 5. Co.iduct training on the redaction of information involving allegations with all personnel involved when responding to FOIA requests. (Action: NRR due 2/13/f 8)
Through conference calls on February 5 and February 6,1998, involving allegation and FOIA coordinators and an E mail sent to the FolA coordinators and their supervisors on Fet ruary 5, 1998, the NRC staff members primarily responsible for responding to FOIA requests involving allegations have received training concoming the particular events that resulted in the inappropriate release of allegation related material. The training included 1) a discussion of expectations concoming the protection of the identity of allegers, with examples from the subject responses,2) the appropriate exemption when withholding information that could identify an alleger,3) the fact that appendices are released to the requestor, and 4) instructions to contact the AAA if there is any question concoming whether the !nformation should be withheld. Annual allegation training will be revised to include discussion of the inappropriate release, expectations for rev'ew of material being released, and instructions to contact the appropriate allegation coordinatorif allegation related materialis being released.
cc: H. Thompson, DEDR A. Thadani, DEDE P. Norry, DEDM H. T. Bell, OlG W. - J. Stryker, OlG A. Galante, CIO J.
Blaha, AO OEDO
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- 3. Retract FOIA resoonses that were inappropriately placed in public document rooms and provide properly redacted versions. (Action: FOIA/LPDR Branch / Region il due 2/13/98)
The response to FOIA 97-461 was placed in the PDR and,?ut into the NUDOCS system and distributed on microfiche to the LPDRs. The response to FOlA 97-484 was placed in the PDR but was not put into NUDOCS for distribution on microfiche to the LPDRs. On February 2,1998, the responses to both FOIAs were removed from the PDR. On February 5,1998, the FOtA/LPDR Branch requested that the local PDRs retum the original microfiche of FOIA 97-461 to the LPDR Coordinator. On February 13,1998, the appropriately redacted versions of the responses were placed in the PDR and resubmitted to NUDOCS for microfilming and redistribution to the LPDRs. On February 13,1998, Region ll received from the licensee their remaining copy of the response to FOlA 97-461. The licensee indicated that all other copies had tew destroyed and that they did not receive a copy of the response to FOIA 97-484.
4, IMew all Region 11 FOIA responses "or the past year that were placed in the public cocument room to determine if there have been additionalin tances where information regarding dagers was not sppropriately redacted or inappropriately released to the public. (Action:
Region 11 due 2/27/98)
Th's activity is still underway.
- 5. Conduct training on the redaction of information involving allegations with all personnel involved when responding to FOIA requests. (Action: NRR due 2/13/98)
Through conference calls on February 5 and February 6,1998, involving allegation and FOIA coordinators and an E-mail sent to the FOIA coordinators and their supervisors on February 5, 1998, the NRC staff members primarily responsibie for responding to FOIA requests involving allegations have received training conceming the particuir events that resulted in the inappropriate release of allegation related material. The training included 1) a discussion of expectations conceming the protection of the identity of allegers, with examples from the subject responses,2) the appropriate exemption when withholding information that could identify an alleger,3) the fact that appendices are released to the requestor, and 4) instructions to contact the AAA if there is any question conceming whether the information should be withheld. Annual allegation training will be revised to include discussion of the inappropriate release, expectations for review of material being released, and instructions to contact the appropriate allegation coordinatorif allegation related materialis being released.
cc: H. Thompson, DEDR DISTRIBUTION:
A. Thadani, DEDE File Center /PUBLIC P. Norry, DEDM EBaker H. T. Bell, OlG ABoland, RII W. J. Stryker, OlG RPowell, CIO A. Galante, CIO SCollins J.
Blaha, AO/OEDO Document Name:g:foiamemo (*see_ previous concurrences) d
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- 3. Retract FOIA responses that were inappropriately placed in public document rooms and '
sprovide properly redacted versions. (Action: FOIA/LPDR Branch / Region 11 due 2/13/9.8)
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The response to FOIA 97-461 was placed in the PDR and LPDRs. The response 16 FOIA 97-484 war placed in the PDR but was not distibuted to the LPDRs. On February 2,1998, the e
responses to both FOIAs were removed from the PDR. On February 13,1998, the appropriately redacted versions of the responses were placed in the PDR and NUDOCSf The FO!A/LPDR Lranch'has requested that the local PDRs retum the origi.1al microfiche,/On February 13,1998, Region ILre elved from the licensee their remaining copy of the resporise to FOIA 97-461. They indicated that all other copies had been destroyed and that they did not receive a copy of the response to FOIA 97-484.
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- 4. Review all Region 11 FOIA responses for the past year that were placed in the public document room to determine if there have been additionalinstances where information regarding allegers was not s'ppropriately redacted or inappropriat,ely released to the public. (Action:
Region 11 due 2/27/98)
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This activity is still unde'rway.
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- 5. Conduct training on the'redac. tion of information involving allegations with all personnel involved when responding to FOIA reques,ts'.' (Action: NRR due 2/13/98)
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Through conference calls on Fedruary 5'and February 6,1998, involving allegation and FOIA coordinators and an E-mail sent to'tt)e FOIA coordinators and their supervisors on February 5, 1998, the NRC staff members primarily responsible for resooncing to FOIA requests involving 4
allegations have received training conceming the particular events that resulted in the Inappropriate release of allegation related material. The training ine!aded 1) a discussion of expectations conceming the protection of the identity of allegers, with examples from the subject responses,2) the appropriate exemption when withholding information that could identify an alleger,3) the fact that appendices are released to the requestor, and 4) instructions to contact the AAA if there is any,q6estion conceming whether the information should be withheld. Anr. al allegation training will, be revised to include discus'sion of the inappropriate release, expectations for review of materiaf being released, and instructioris to contact the appropriate allegation coordinatorif allegation related materialis being released.
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cc: H. Thompson, DEDR
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A. Thadani, DEDE x
P. Norly, DEDM
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H. T. Bell, OlG
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W J. Strykar, OlG 7
A. Galante, CIO jd. Blaha, AO/OEDO DISTRIBUTION:
File Center /PUBLIC EBaker Document Name:g:foiamemo RilJ [ M 4RM-C fd D:NRR OFFICE NRP
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j NAME ETBaker ABotand RPowell SCollins DATE
, 2/7/98 2/0/98 2/ /98 2/ /98