ML20205P084

Final Response to FOIA Request for Documents Re Plant.App B Documents & Addl Records Withheld (Ref FOIA Exemptions 5,6 & 7)

ML20205P084
Person / Time
Site:	Palo Verde
Issue date:	03/31/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Michael Scott COALITION FOR RESPONSIBLE ENERGY EDUCATION
References
FOIA-86-314 NUDOCS 8704030174
Download: ML20205P084 (4)

Text

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[por\ UNITED STATES 8" N NUCLEAR REGULATORY COMMISSION g .p WASHINGTON, D. C. 20555

...../

E 31 W Mr. Myron Scott Coalition for Responsible Energy Education 315 W. Riviera Drive IN RESPONSE REFER Tempe, AZ 85282 TO F01A-86-314

Dear Mr. Scott:

This is the final response to your letter dated April 28, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), five categories of records regarding activities at the Palo Verde plant.

The records identified on the enclosed Appendix B 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 Commission's regulations.

Disclosure of the information would constitute a clearly unwarranted invasion of personal privacy.

Certain additional records are being withheld from public disclosure pursuant to Exemptions (5), (6), (7)(A), (7)(C), and (7)(D) of the F0IA (5 U.S.C. 552(b)(5), (6), (7)(1), (7)(iii), and (7)(iv) of the Commission's regulations. The records are predecisional and investigatory records compiled for law enforcement purposes, disclosure of which would interfere with an ongoing enforcement proceeoing.

Pursuant to 10 CFR 9.9 and 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from proouction or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the cenial of records listed on Appendix B and certain predecisional and investigatory records noted above are the undersigned and Mr. John B. Martin, Regional Administrator, Region V. Tne person responsible for the denial of certain 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 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 denial by Mr. Hayes may be appealed within 30 days to the Secretary of the Comission and should be addressed to the Secretary of the Commission.

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87040gi74 870331 14 PDR hTT86

Mr. Myron Scott For your information, portions of records subject to a related request, F01A-86-363, have been placed into the NRC Public Document Rcom. In the event you may be interested in obtaining copies of those records, we are enclosing a list of the records (see enclosed Appendix C) ano a notice that provides information on charges and procedures for obtaining copies of records from the PDR.

This ccmpletes NRC's action on your F0IA request.

Sincerely, W /

Donnie H. Grimsley, Director Division of Rules and Records /

Office of Administration

Enclosures:

As stated l

Re:'F01A-86-314 APPENDIX B (DOCUMEhTS WITHHELD IN ENTIRETY UNDER FOIA EXEMPTION (6))

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

2. 1/26/86 Calendar Entry (1 page)

3. Statements and/or interview with persons and personnel data on three persons. (34 pages)

4. 11/29/86 Memo from M. Deblo (1 page)

5. 11/29/86 Memo from M. Deblo (1 page)

6. Fricay, February 1966 Calendar Entry (1 page) 1 I

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e Re: F01A-86-363 APPENDIX C RECORDS CONTAINING UNCLASSIFIED' SAFEGUARDS IhFORMATION WITHHELD IN PART OR IN ENTIRETY

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

1. 86040900)

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

3. 4/17/86 Memo from A. Johnson to J. Axelrad and 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 Pelo Verde File (Exemption 3 -

Portions Released

5. 4/30/86 Letter from R. Scarano to E. VanBrunt (Exemptions 3 & 4 Portions Released including attached letter dated 4/4/86, l

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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Energy .

Education 315 W. RIVIERA DRIVE

• TEMPE, AZ 85282 * (602) 968-2179 April 28, 1986 0FFrCERS .

g , ,,, Director , , , fitEfeQW y wCHNATiON mRc$tocar office of Administration U.S. Nuclear Regulatory Commission g MMST

'"E*EcuIiv!"o7RccicR c.rotyn casa rRcA$URcA Washington, D.C. 20555 [OM Md- 3/

C ccQR0!NAr0R (o,, FREEDOM OF INFORMATION ACT REQUEST 78Md To Whom It May Concern:

BOARD OF OtttCWi$

""I'".EI'"*"to :et:c > Pursuant to the Freedom of Information Act (5 U.S.C.

• • "iM."l'"Or taent ica. 522), as amended, the Coalition for Responsible Energy nu :.n. .e son.a.,) Education (" CREE',) hereby requests any and all

""U."*P"* u .a r us: NRC records and information relevant to and/or generated

'"7t %?'""cu. unc, in cennection with the following:

alSOC.)

the December 3, 1985, expression of concern

"'IR.00'".u.rruin un ear s) uau.: by Palo Verde Nuclear Generating Station

• • "U.UU"J. . .nr> (APS/ANPP) employee Blaine P. Thompson to the

""Ir%"l" .tstri Palo Verde Resident Inspector's Office regarding

'"tL%'"ucu.o alleged aberrant behavior by members of the Palo

..... ..').' i r'. . , Verde security staff and any and all subsequent contacts between Mr. Thompson and any NRC

'".'asa.l'is.'n""".i.)

are AC u n. .> office whatsoever; any and all contacts whatsoever between the

((*[",*"" NRC and Palo Verde plant management and/or 30" E"la"Hin. APS/ANPP regarding said aberrant behavior

in"l";ag") allegations; o

<run t.a>.u ce i.ru vorte.

. any and all contacts related to the Department

'*"7.EP""ec nur. re.cci of Labor case of Blaine P. Thompson v. APS/ANPP; the appearance, in the Arizona Republic, February 26, 1986, of an article discussing exit interview comments of the NRC on Palo Verde security and any and all subsequent contacts between NRC and APS/ANPP, Department of Labor, the media, the Arizona Corporation Commission, or any other .

entity or individual whatsoever, regarding said 1 article and/or subsequent investigations relating thereto; the use of polygraphs at Palo Verde Nuclear Generating Station.

Please consider " records and information" as including but not being limited to reports, memoranda, lists, correspondence, notes and summaries of conversations and interviews including telephone memos, meeting notes, meeting minutes, working papers, tapes, graphs, charts, diagrams, photographs and photocopies, studies, test results, computer records and printouts, attendance lists, b / A M / m /'/ /T /_

v o w t w w v u o(7 .29 1.

._. - _ _ _ _ . ~ _ _ _ _ - _ _

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• Inspbetion Reports and Notices, investigation reports and notes, and any written communication whatsoever, including-internal NRC Staff memoranda.

'This includes but.is not limited to: allegation reports and.

investigative notes and findings related to the December 3,.1985, contact, the February 26, 1986, article,.and any'other relevant allegations and/or investigations whatsoever; any and all correspondence

and/or discussions between NRC and any representative of Arizona Public Service Company / Arizona Nuclear Power Project whatsoever related to i said allegations / investigations; attendance' lists for the NRC Exit Interview Meeting of February 14, 1986, and any^and all other meetings related to that inspection; any and all materials related to

discussions.between Blaine P. Thompson and each of the following:

Dennis Schaeffer (February 10, 1986), Ron Meeks (February 10, 1986),

'0 wen Shackleton (February 11,-1986 and February 12,-1986); any and l- communication between'NRC and any representative of APS/ANPP,. Depart-ment of Labor, and/or Department of Justice'or any other entity or

, individual whatsoever regarding possible safeguards implications of the February 26, 1986, Arizona Republic article and related media i contacts and/or the use of polygraphs in relation.thereto; any and

! all investigations into release of Palo Verde safeguards information j to the media by NRC or any other governmental agency whatsoever.

1 i For any specific documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld. The index should provide a detailed justification o,f your grounds'for i 1

claiming each exemption, explaining why each exemption is relevant to the document or-portion of the document withheld. This index is

} required under Vaughan v. Rosen (I), 484 F. 2d 820 (D.C. Cir. 1973),

, cert.-denied, 415 U.S. 977 (1974).

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CREE requests that cogying and search charges be waived, pursuant to 5 U.S.C. 522(a)(4)(a), because furnishing the information can be considered as primarily benefiting.the general public." CREE is a  !

volunteer-supported, non-profit, non-partisan public education and advocacy organization. CREE has petitioned to intervene in the DOL l

' case of Blaine P. Thom> son v. APS/ANPP or, in the alternative, to file'an amicus curiae )rief therein. CREE intervenes in matters.

related to Palo Verde Nuclear Generating Station before the Arizona

! Corporation Commission and in other proceedings.

i These requests, where appropriate, should be deemed. continuing in nature.

j We look forward to hearing frca you within 10 days as the law stipulates.

Sincerely i

' yron Scott, cc: Palo Verde Resident Inspector's Office C.R.E.E.

Region V

, file t

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