ML20205F199
| ML20205F199 | |
| Person / Time | |
|---|---|
| Issue date: | 03/25/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Aftergood S COMMITTEE TO BRIDGE THE GAP |
| References | |
| FOIA-86-775 NUDOCS 8703310111 | |
| Download: ML20205F199 (3) | |
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S INFORMATION ACT IFOlA) REQUEST un v e DOCiLET huMBERist W eagwce6el REQUESTER
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PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked boxes)
No agency records subject to the request have been located.
No additional agency records subsect to the request have been located.
Agency records subject to the request that are identifed in Appendix are already avadable for public inspection and copying in the NRC Public Docurnent Room, 1717 H Street, N.W., Washington, DC.
Agency records subsect to the request that are identified in Appendix are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under the FOIA number and requester name.
The nonpropnetary version of the proposaHs) that you agreed to accept in a telephone conversation wwth a member of my staff is now being made avalable for public insoection and coying at the NRC Pubric Document Room.1717 H Street. N.W.. Washington, DC, in a folder under this FOIA number and requester name.
Enclosed is information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.
Agency records subject to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments secton.
Records subject to the request have been referred to another Federal agencyties) for revow and derect response to you.
In view of NRC's response to this request, no further action is being taken on appealletter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records is being withheld from public disclosure pursuant to the FOIA exemptons described in and for the reasons stated in Part II, sec-tions B, C and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street. N.W., Washington, DC, in a folder under this FOIA number and requester name.
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NRC FORM 464 (Part 1)
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PA T ll 5-APPLICABLE FOIA EXEMPTIONS e
o Records subject to the request that are described in the enclosed Appendices are being vrthheld in their entirety or in part under FOIA Esemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC RegJations.
- 1. The withheld informaton is property classafed pursuant to Executrve Order 12356 (EXEMPTION 1)
- 2. The withheld inforrnaten relates solely to the intemal personnel rules and procedures of NRC. (EXEMPTION 2)
- 3. The withheld information is specifically exempted from public disclosure by statute indcated: (EXEMPTION 3)
Section 141146 of the Atornic Energy Act which prohibits the drsclosure of Restricted Data'or Formerly Restncted Data (42 U.S.C. 21612166).
Secuon 147 of the Atomic Energy Act which prohetzts the dsclosure of Unclassfied Safeguards information 142 U S C. 2167).
- 4. The withheld information is a trade secret or commercial or financial information that is being withheld for the reasor si indicated: (EXEMPTION 4)
The information is considered to be confidental busmess (proprietary) information.
The informaten is considered to be propnetary information pursuant to 10 CFR 2390id)(1).
The information was submitted and received in confidence from a foregn source pursuant to 10 CFR 2.790(dH2).
- 5. The withheld information consists of interagency or intraagency records that are not available through discovery dunr1 litgation. Osclosure of predecisional informaton would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are ehheld in their entirety, the facts are anextricably intertweed with the predacraionalinformation. There also are no reasonably segregable factual portons because the remase of the facts would permit an indirect mouery into tne predecisenal process of the agency. (EXEMPTION 5)
- 6. The withheld information is exempted from public disclosure because its disclosure would result in a clearty unwarrar ed invasen of personal pnvecy. (EXEMPTION 6)
- 7. The withheld informaten conssts of investigatory records comp 3ed for law enforcement purposes and is being witt+eso for the reason (s) indicated. (EXEMPTION 7)
Disclosure would interfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow them to take acton to shield potential wrongdomg or a violation of NRC requirements from investigators. (EXEMPTION 7(A1)
Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7(CH The information consets of names of individuals and other information the disclosure of which would reveal identees of confidential sources. (EXEMPTION 740))
PART 11 C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 9.1$ of the U S. Nuclear Regulatory Commesen regulatons, it has been determined that che inForntion withheld is exempt from production or disclosure, and that its production or declosure is contrary to the public interest. The persons responsible for the denial are thsse officials dentifed below as r,ying officials and the Director, Division of Rules and Records, Office of Adminstraten, for any denials that may be appealed to the Execunve Director for OperatensIEDot DENylNG OFFICIAL TITLEIOFFICE RECORDS DENIED APPELLATE OFFICIAL SECRETARY EDO N NU A%G Sit' Y 0&M17L s$/Yf40ZM f Dolf N
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PART li D-APPEAL RIGHTS The denial by each denying official identified in Part H.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to that it is an ** Appeal from an initial FOIA Decision.g'the Secretary of the Commission, U.S. Nuclear Re ulatory Commission, Washington, DC 20 mac tonos ese trert 21 U.S. NUCLEAR REGULATORY COMMISSION
<s es FOIA RESPONSE CONTINUATION
R2: FOIA-86-775 APPENDIX F
RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION
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- 1..
6/12/86 Commission Paper " Design Basis Threats-Options for Consideration" (3 pages) (Ex.1 & 5) 2.
Undated Draft Commission Paper (3 oages) (Ex. 1 & 5) 3.
9/9/85 Page of Markey Testimony Transcript (1 page) (Ex.1 & 5) 4.
8/7/86 Letter to R. McDaniel from T. Roberts (1 page) (Ex.1 & 5) 5.
-7/29/86
-Commission Paper (3 pages) (Ex. 1 & 5) 6.
1/23/85 SECY-85-24 " Consideration of Modification of NRC Design Basis Threat Statement (7 pages) (Ex.1 & 5) 7.
3/31/86 SECY-86-101 "Deisgn Basis Threat - Options for Consideration" (11 pages) (Ex. 5) 8.
7/18/86 Memo to V. Stello from S. Chilk re: SECY-86-101/101A Design Basis Threat - Options for Consideration (1 page)
(EX.5) 9.
4/1/86 Issue Paper ('1 page).(Ex. 5) 10.
Undated Comments of Commissioner Bernthal on SECY-86-101 (1 page)
(Ex.5) 11.
Undated Question 46 and Answer (2 pages ) (Ex. 5) 12.
Undated Question 5 and Answer (1 page) (Ex. 5) 13.
Undated.
Question 6 and Answer (1 page) (Ex. 5)
Question 8 and Answer (1 page) (Ex. 5) 14.
Undated 15.
Undated Slide 5'- Issues (1 page) (Ex. 5) 16.
3/19/86 Question D.7 and Answer (2 pages) (Ex. 5) 17.
12/19/85 Memo to N. Palladino from W. Dircks re: Discussion of Threat level and Physical Security (1 page) (Ex. 5) 18.
Undated Draft letter to J. Poindexter from N. Palladino (1 page)
(Ex. 1 & 5) 19.
7/31/85 Letter to R. McFarlane from N. Palladino (3 pages) (Ex.1) 20.
8/11/85 Letter to N. Palladino from R. McFarlane (1 page) (Ex. 1) l 1
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COMMITTEE TO BRIDGE THE GAP 1637 BUTLER AVENUE m203 LOS ANGELES, CALIFORNIA 90025 (213) 478 0829 October 28, 1986 Director Division of Rules and Records FREI. DOM OF INFORMATION office of Administration ACT REQUEST Q74 b,7 78 U.S. Nuclear Regulatory Commission Washington, D.C.
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his is a request under the Freedom of Information Act.
(This is the third of three concurrent security-related FOIA requests.)
We would like to obtain a copy of all documents generated since January 1, 1985 which consider the design basis threat and discuss proposed changes to it.
(The response to this request need not include documents previously released or encompassed by our earlier requests dated October 26 and October 27.)
We request a waiver of search and copying costs, pursuant to 10 CFR 9.14a, on the following grounds:
(1) We potential for sabotage at nuclear power plants is, for obvious reasons, the subject of considerable public interest and concern. The requested documents are of particular interest because the recent incident at Palo Verde and the possibility of truck bomb attacks on nuclear facilities suggest that an upgrade of security standards may be warranted.
(2) The requested documents will be used in our ongoing review of security-related matters, and will be analyzed and widely disseminated through our work, as similar documents have been in the past. Committee to Bridge the Gap members have testified on nuclear reactor security before the NRC's Advisory Committee on Reactor Safeguards, and have published papers on this subject in books and periodicals. We also routinely serve as a resource to the media and members of the public interested in security issues.
(3) No personal or organizational financial benefits will result from release of the requested materials, since they will be analyzed at CBG's expense and disseminated without charge.
(4) We believe that the increased scrutiny of nuclear reactor security problems, as made possible by release of the requested documents, will lead to an improvement in security at nuclear power plants. In particular, the requested documents will serve as a partial basis for a petition for rulemaking which is now being prepared.
We therefore request a waiver on search and copying costs.
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'Ihank you.
Sincerely,gam J Steven Aftergood Executive Director ii
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