ML20204G250
| ML20204G250 | |
| Person / Time | |
|---|---|
| Issue date: | 07/31/1986 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML20204G253 | List: |
| References | |
| FOIA-86-40, FOIA-86-A-97 NUDOCS 8608070146 | |
| Download: ML20204G250 (3) | |
Text
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o UNITED STATES
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g NUCLEAR REGULATORY COMMISSION 5
- p WASHIN GTON, D.C. 20555
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CFFICE OF THE July 31, 1986
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SECRETARY Ms. Billie P. Garde, Director Environmental Whistleblower Clinic Government Accountability Project 1555 Connecticut Avenue, N.W.
Suite 202 IN RESPONSE REFER Washington, D.C.
20036 TO 86-A-97(86-40)
Dear Ms. Garde:
This letter responds to your June 20, 1986 appeal of.the denial of documents in the Nuclear Reguistory Conunission's May 16, 1986 response to F0IA 86-40.
In response to your appeal, the documents were re-reviewed. Based on that review, portions of documents 1-5, Appendix F, are now being released, as listed in Appendix G.
They are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, N.W., Washington, D.C. 20555, in file folder F0IA 86-40 in your name.
With respect to the balance of the dccuments, I affirm the Agency's initial action. These documents or portions of documents withheld pursuant to Exemption (5) of the Freedom of Information Act (F0IA) contain the predecisional legal analysis, opinions, and recommendations of the staff and Office of the General Counsel to the Commissioners and are part of the Agency's predecisional process concerning a draft proposed rule that has not yet been published for public comment. The purpose of the deliberative process privilege is to " prevent injury to the quality of agency decisions." NLRB v. Sears Roebuck & Company, 421 U.S. 132, 151 (1975). Disclosure of these predecisional documents and portions of documents would be likely to " stifle honest and frank communication within the agency." Coastal States Gas Corp. v. Depart-ment of Eneray, 617 F.2d 854, 866 (D.C. Cir. 1980).
Documents 3 through 7 as listed in the May 16, 1986 response are also withholdable under Exemption (5) as draft documents. The withheld documents or portions of documents contain no reasonably segregable factual information as any factual material is inextricably intertwined with exempt portions.
Additionally, portions of document 1, Appendix E, have also been with-held pursuant to Exemption (6) of the F0IA. Disclosure of this informa-tion would constitute a clearly unwarranted invasion of personal privacy.
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8608070146 860620 PDR FOIA GARDE 86-A-97 PDR
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Finally, the release of the withheld information would be misleading and could lead to confusion since a proposed rule has not been jublished for public comment. Accordingly, it would not be in the public interest to release the information.
This letter represents final agency action on your May 16, 1986 F0IA Appeal. Judicial review of the denial of documents is available in Federal district Court in the district in which you reside or have your principal place of business, or in the District of Columbia.
S'ncerely, f
1M &(
s Slmuel J.
Ik f ecretary f the Commission S
Attachments:
1.
Appendix G - List of Portions of Documents Being Released
APPENDIX G List Of Portions Of Documents Being Released 1.
11/27/84 Note from Jane Mapes to various addresses attaching Office of Auditors and Inspector comments, w/o comments (1page) 2.
7/30/85 Memo from W. Olmstead to P. Bird and R. Brady, subject: Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Govern-ment Employees, w/o attachment (1 page) 3.
11/12/85 OGC's copy of Memo from W. Olmstead to various addresses, subject: Unauthorized Disclosures of Sensitive Information - Availability of Administra-tive Sanctions Against NRC Employees and Special Government Employees, w/o drafts, (2 pages) 4.
11/12/85 ELD's (now part of OGC) copy of Memo from W. Olmstead to various address, subject: Unauthor-ized Disclosures of Sensitive Information - Avail-ability of Administrative Sanctions Against NRC drafts (1 page)pecial Government Employees, w/o Employees and S 5.
12/20/85 Memo from Guy Cunningham to W.J. Dircks, subject:
Unauthorized Disclosures of Sensitive Information -
Availability of Administrative Sanctions Against NRC Employees and Special Government Employees, w/o drafts (2 pages) i
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'o UNITED STATES e8 \\"
' "g NUCLEAR REGULATORY COMMISSION n
- p WASHINGTON, D. C. 20S55 AIAY 161986 Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-86-40
Dear Ms. Garde:
'This is in further response to your letter dated January 14, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of documents generated in connection with SECY-85-404, " Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees," dated December 23, 1985.
Portions of the document identified on enclosed Appendix E, and the documents identified on erclased Appendix F, contain the predecisional analyses, opinions and recommendativos of the staff for the Commission's consideration of proposed rulemaking. Because the information reflects the predecisional process between the Commission and the staff, the information is exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5), and the Commission's regulations at 10 CFR 9.5 (a)(5).
Release of the information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process.
In addition, portions cf the document on Appendix E contain personal information and are being withheld of the F0IA, 5 U.S.C. 552(b)(6) and 10 CFR 9.5(a)(6) pursuant to Exemption (6) of the Commission's regulations. Disclosure of this information would constitute a clearly unwarranted invasion of personal privacy.
The releasable portions of the document on Appendix E are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F0IA-86-40 in your name. The documents on Appendix F do not contain any reasonably segregable factual portions and are being withheld in their entirety.
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 this denial is Mr. John C. Hoyle, Assistant Secretary of the Commission.
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Ms. Billie Pirner Garde,
This denial may be appealed to the Secretary of the Comission within 30 days from the receipt of +.his letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."
The search for and review of documents that are subject to your request are continuing. We will notify you upon completion of the search and review.
Sincerely,
/WY w&
Donnie H. Grimsley Director Division of Rules and Records Office of Administration
Enclosure:
As stated O
G A
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APPENDIX E i
Documents Being Withheld in Part 1.
12/23/85 SECY-85-404, " Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees."
(Approximately 100 pages).
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F01A-86-40 APPENDIX F Documents Being Withheld 1.
11/27/84 Note from Jane Mapes to various addressees attachin Office of Auditor and Inspector comments. (5 pages)g 2.
07/30/85 Memo from W. Olmstead to P. Bird and R. Brady, subject:
Unauthorized Disclosures of Sensitive Information -
Availability of Administrative Sanctions Against NRC Employees and Special Government Employees. (1 page)
[ Note: The attachment, a 5/2/85 memo from Chilk tc Dircks, was addressed in our 4/23/86 response to you-on this F0IA request.]
3.
11/12/85 Memo from W. Olmstead to various addresses, subject:
Unauthorized Disclosures of Sensitive Information -
Availability of Administrative Sanctions Against NRC Employees and Special Government Employees, attaching various drafts of SECY-85-404. (Approximately 500 pages) 4.
11/12/85 Memo from W. Olmstead to various addresses, subject:
Unauthorized Disclosures of Sensitive Information -
Availability of Administrative Sanctions Against NRC Employees and Special Government Employees, attaching various office comments, handwritten notes and drafts of SECY-85-404. (Approximately 200 pages).
5.
12/20/85 Memo from Guy Cunningham to W.J. Dircks, subject:
Unauthorized Disclosures of Sensitive Information -
Availability of Administrative Sanctions Against NRC Employees and Special Government Employees, attaching various office comments, handwritten notes and drafts of SECY-85-404. (Approximately 120 pages).
6.
Undated Draft copy of SECY-85-404, with comments and cite checks.
(Approximately 200 pages).
7.
Undated Various drafts of SECY-85-404, with handwritten notes. (40 pages).
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Government Accountability Project 1555 Connecticit Avenue.N.W.. Suite 202 Wahington. D.C. 20036 (202) 232-8550
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$11ie Garde Director. Envirormenut Whisudtowr Cinic January 14, 1986 FREEDOM OF INFORMATION ACT REQUEST FREbOOt.1 OF 3r#OR;,g ;,9;.,.
ACT REQUEST For A-8G-4o Director Office of Administration
/-2 / -f 6 Nuclear Regulatory Commission Washington, D.C.
20555 t
To Whom It May Concern:
Pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C.
552, the Government Accountability Project (."G AP " )
requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawing;. f.les, graphs, charts, maps, photographs, agreements,'handwricten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer runoffs, any other data compilations, interim and/or final reports, status reports, and a'ny and all other records relevant to and/or generated in. connection with SECY 85-404,
" Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government. Employees," December 23, 1985.
Specifically, we seek all records that des'cribe the circumstances which generated this study.
This request includes all agency records as defined in 10 C.F.n. $9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved Octobar 8, 198.0) whether they currently exist in the NRC official,
"-'ork i n g ", investigative or other files, or at any other location, including private", residences.
If any records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connect ~ ion with, and/or issued in order to implement the action (s).
f' t ft e t *% n a me OVW7ulMif h
-2 GAP requests that fees be waived, because " finding the information can be considere.d as primarily benefitting the general public," 5 U.S.C.
552(a)(4)(a).
GAP is a non-profit, non partisan public interest organization concerned with honest and open government.
Through public outreach, the Project promotes whistleblowers as agents of government accountability.
Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the health and safety of their communities.
We are requesting the above information as part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safe
- y and health at nuclear power plants.
For any docume- ; or portions that you deny due to a specific FOIA exel..jtion, please provide an index itemizing and describing the documents or portions of documents withheld.
The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.
This index is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).
We look forward to your response to.this request within ten days.
Sincerel O%
L 'O Billie Pirner Garde Director Environmental Whistleblower Clinic e
.