ML20205D938

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Responds to Appeal of Denial of FOIA Request for Records Re Insp Repts 50-445/84-32 & 50-446/84-11.Documents Listed in App Still Withheld (Ref FOIA Exemption 5)
ML20205D938
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 08/07/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-86-182 NUDOCS 8608180211
Download: ML20205D938 (2)


See also: IR 05000445/1984032

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UNITED STATES

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WASHINGTON, D. C. 20555

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Hs, Billie Pirner Garde

Government Accountability Project

1555 Connecticut Avenue, NW, Suite 202

IN RESPONSE REFER

Washington, DC 20036

TO F01A-86-182

Dear Ms. Garde:

This is in regard to your letter dated March 6, 1986, which we treated as a

request, pursuant to the Freedom of Information Act (F0IA), for copies of the

six records denied by NRC's letter dated June 27, 1985, responding to your

request F01A-85-151 for all records regarding inspection report 50-445/84-32

and 50-446/84-11.

-

The staff has completed its review of the six denied records subject to

F01A-85-151 and has determined that these six records, identified on the

enclosed appendix, will continue to be 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 Commission's regulations. These six documents (a draft letter to Texas

Utilities Electric Company, four drafts of inspection report 50-445/84-32 and

50-446/84-11, and input to this draft inspection report by an EG&G consultant)

are withheld in their entirety because they are predecisional, working drafts

of the staff of the Region IV office.

Release of these records could inhibit

the frank and candid exchange of information in the deliberative process.

Pursuant to 10 CFR 9.9 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 persons

responsible for denial of the information are the undersigned and

Mr. Robert D. Martin, Regional Administrator, Region IV.

This denial may be appealed to the NRC's Executive Director for Operations

within 30 days from the receipt of this letter. As provided in 10 CFR 9.11,

any such appeal must be in writing, addressed to the Executive Director for

Operations, 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."

Sincerely,

[.,,, //N*d9

Donnie H. Grimsley, Director

Division of Rules and Records

Office of Administration

Enclosure: As stated

8608180211 860807

PDR

FOIA

GARDE 86-182

PDR

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APPENDIX

WITHHELD DOCUMENTS SUBJECT TO FOIA-86-182

1.

08/30/84

Handwritten document by Bert Freed, INEL, entitled "EG&G

Input" (36 pages).

2 '. Undated

Draft inspection reports 50-445/84-32 and 50-446/84-11

(52 pages).

3.

Undated

Draft inspection reports (computed typed) 50-446/84-32

and 50-446/84-11 (39 pages).

4.

Undated

Draft letter to M. D. Spence, TUGCO, from Dorwin R. Hunter,

Region IV, regarding TUGC0 letter of 03/11/85 in response

to NRC letter and Notice of Violation dated 02/15/85 (1 page).

5.

Undated

Draft inspection reports 50-445/84-32 and 50-446/84-11

(29 pages).

-

6.

Undated

Draft inspection reports 50-445/84-32 and 50-446/84-11

(28 pages).

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