ML20205M474

Final Response to FOIA Request for Documents.Forwards App C, D & E Records.App D & E Records Partially Withheld (Ref FOIA Exemptions 3,4,5 & 6).Document 7 in App E & Addl Records Withheld (Ref FOIA Exemptions 3,5 & 7).W/o App C & D Info

ML20205M474
Person / Time
Site:	Palo Verde
Issue date:	03/27/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Thompson B AFFILIATION NOT ASSIGNED
Shared Package
ML20205M477	List: IA-86-329, Forwards Security Insp History for Aug 1983 - Mar 1986. Numerous Deficiency/Violations & Followup Items Identified, Including Failure of Licensee Security Mgt to Properly Rept Security Events to NRC IA-86-363, Partially Deleted Notice of Violation & Proposed Imposition of Civil Penalties in Amount of $100,000 Due to Security Violations IR 05000528/1986007 IR 05000528/1986014 ML20205M474 ML20205M510 ML20205M566 ML20205M580 ML20205M675 ML20205M810
References
FOIA-86-329, FOIA-86-363, FOIA-86-A-175 NUDOCS 8704020405
Download: ML20205M474 (5)

Text

jM UNITED STATES O ^

e, Q n o NUCLEAR REGULATORY COMMISSION ld

% WASHINGTON, D. C. 20655 i!

\...**/ Oik 3pg 37 M Mr. Blaine P. Thompson IN RESPONSE REFER 4910 W. Diana TO F01A-86-363, Glendale, AZ 85302 F01A-86-329 and 86-A-175

Dear Mr. Thompson:

This is the final response to your letters dated May 6 and May 16, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), records relevant to the complaint of Blaine V. Thomspon v.

Arizona Public Service Company / Arizona Nuclear Power Project and three categories of records regarding security-related matters at the Palo Verde plant. While pertinent records were previously addressed by NRC under the subpoena, this letter addresses the records also requested under the F0IA.

The two records identified on the enclosed Appendix C are enclosed.

Also enclosed are portions of records indicated on the enclosed Appendices D and E as being released to you.

Porticns of the records identified on the enclosed Appendix D are being withheld from public disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C. 552(b)(6)) and 10 CFR 9.5(a)(6) of the Comission's regulations.

Disclosure of the information would constitute a clearly unwarranted invasion of personal privacy. The records identified on the enclosed Appendix E are being withheld from public disclosure in whole or in part pursuant to Exemptions (3), (4), and (5) of the F0IA (5 U.S.C. 552(b)(3),

(4), and (5)) and 10 CFR 9.5(a)(3), (4), and (5) of the Commission's regulations. The applicable exemptions are noted at the record descriptions on Appendix E. These records are drafts and other records that are predecisional (Exemption (5)) and/or contain unclassified safeguards information (Exemption (3)) as well as information which identifies procedures for safeguarding licensed special nuclear material at a licensed plant (Exemption (4)). The statutory authority for withholding the information withheld under Exemption (3) is found in Section 147 of the Atomic Energy Act (42 U.S.C. 2167).

Certain additional records are being withheld from public disclosure pursuant to Exemptions (5), (6), (7)(A), (7)(C), and (7)(D) of the FOIA l (5 U.S.C. 552(b)(5), (6), (7)(1), (7)(iii), and (7)(iv) of the l Commission's regulations. The records are predecisional and investigatory records compiled for law enforcement purposes, disclosure of which would interfere with an ongoing enforcement proceeding.

870402o40S 870327 P-P A-17S PDR

Mr. Blaine P. Thompson Pursuant to 10 CFR 9.9 and 9.15 of the Comission's regulations, it has 1

been determineo that the information withheld is exempt f rom production or disclosure, ano that its production or disclosure is contrary to the public interest. The persons responsible for the denial of documents listed on Appendices D and E and certain predecisional and investigatory records noted above are the undersigned and Mr. John B. Martin, Regional Administrator, Region V. The person responsible for the denial of certair, additional records denied under Exemption (7)(A) is Mr. Ben B.

Hayes, Director, Office of Investigations.

The denials by Mr. Martin and myself may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter.

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." The denial by Mr. Hayes may be appealed within 30 days to the Secretary of the Commission and should be addressed to the Secretary of the Commission.

An additional record subject to F01A-86-329 was originated by the Department of Labor (D0L). It has b a n referred to D0L for a disclosure determination and direct response to you.

In light of this letter, we are taking no further action on your letter dated July 16, 1986 letter appealing our lack of response to your F0IA requests.

Sincerely,

&YN Donnie H. Grimsley, Direct r Division of Rules and Records Office of Administration

Enclosures:

As stated i

l l

t l

Re: F01A-86-363 APPENDIX C DOCUMENTS DISCLOSED ONLY TO B. THOMPSON

1. 3/3/86 Memo from Blaine Thompson to Mike Deblo (Released in entirety to B. Thompson) (2pages)

2. 1/26/86 Calendar Entry - (Deleted entry is not within scope of the request) (1 page) i l

3 J

s Re: F01A-86-363 APPENDIX D (INFORMATION WITHHELD UNDER EXEMPTION (6))

1. Statements and/or interview with persons and personnel data en three persons. (Exemption (6) withheld in part - portions released only to B. Thompson) (34 pages)

2. 11/29/86 Memo from M. Deblo (Exemption (6) Only - Only portions released to B. Thompson) (1 page)

3. 11/29/86 Memo from M. Deblo (Exem released to B. Thompson) (1 p6ge) ption (6) Only - Only portions

4. Friday, February 1986 Calenaar Entry (Exemption (6) - Only portions releaseo to B. Thomspon) (1 page) i i

e i

9

,..o Re: F01A-86-363 APPEh0IX E RECORDS CONTAINING UNCLASSIFIED SAFEGUARDS INFORMATION WITHHELD IN PART OR IN ENTIRETY PORTIONS RELEASED TO B. THOMPSON AND PLACED IN PDR

1. 4/2/86 E. VanBrunt, Jr., from R. Scarano (Exemptions 3 & 4 Portions Released; cover letter in PDR/AD0CK/50-528Q/

1. 86040900)

2. 5/5/86 Letter to E. VanBrunt, Jr. , from John B. Martin (Exemptions 3 & 4) Portions Released.

3. 4/17/86 Memo from A. Johnson to J. Axelrad ano drafts of a letter and inspection report (Exemptions 3, 4 & 5 -

Portions Released from Memo - drafts withheld in their entirety)

4. 4/18/86 Memo from D. Schaefer to Palo Verde File (Exemption 3 -

Portions Released)

5. 4/30/86 Letter from R. Scarano to E. VanBrunt (Exemption 3 & 4 Portions Released including attached letter dated 4/4/86, cover letter in PDR/IE/EN 86-028/#860508391)

6. 4/22/86 Letter from E. VanBrunt to John Martin (Exemption 3 -

Portions Released)

7. Drafts of letter from John Martin to E. VanBrunt that were sent 5/5/86 (withheld in entirety under Exemptions 3 and

5) (14 pages)

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