ML20206C031
| ML20206C031 | |
| Person / Time | |
|---|---|
| Issue date: | 04/09/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Aftergood S COMMITTEE TO BRIDGE THE GAP |
| References | |
| FOIA-86-774 NUDOCS 8704100133 | |
| Download: ML20206C031 (3) | |
Text
U.S. NUCLEAR RE2ULATORY C'MMISS15N m;C FOiA LEQUEST huMBEMSI
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INFORMATION ACT (FOlA) REQUEST
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APR 9 tony DOCKET NUM8ER($s ut apsuseh REQUESTER h1I?. StwGW A F 7 M'sosD PART l.-RECORDS RELEASED OR NOT LOCATED (See checked boxes)
No agency records subject to the request have been located.
No additonal agency records subject to the request have been located.
Agency records subject to the request that are ident#ied in Appendix are already available for public inspection and copying in the NRC Public Docurnent Room, 1717 H Street, N.W., Washington, DC.
Agency records subpset to the request that are identdied 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 this FOIA number and requester name.
The nonproprietary version of the proposalts) that you agreed to accept in a telephone conversation with a member of my staff is now being made avalable for public inspectx>n and coying at the NRC Public 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 section.
% cords subject to the request have been referred to another Federal age,cyties) for review and direct response to you.
In vow of NRC's response to this request, no further action is being taken on appeal letter dated PART tl.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records is being withheld from public disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part 11 sec-tions B, C, and D. Any released portens 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 Sweet, N.W., Washington, DC, in a folder under this FOIA number and requester narne.
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i 8704100133 870409 PDR FOIA AFTERGOB6-774 PDR SIGN
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NRC FORM 404 iPart 11 0 46:
FREEDOM OF INFORMATION ACT CESPON^E FOIA NUMBERiSh [Nf * (fh Mf DATE:
PAkT ll 5-APPLICA LE FOIA EXEMPTIONS Reco'ds subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under FOIA r
Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 5521b) and 10 CFR 9.5(a) of NRC Regulations.
- 1. The wthheld informaton is properly classifed pursuant to Executive Order 12356 (EXEMPTION 1)
- 2. The wthheld informaton relates solely to the intomat personnet rules and procedures of NRC. (EXEMPTION 2)
- 3. The withheld information a specsfically enempted frorn public declosure by statute indicated: (EXEMPTION 3)
Secten 141145 of the Atomic Err,rgy Act which prohibits the disclosure of Restricted Data 'or Formerly Restncted Data (42 U.S.C. 2161-2165).
Section 147 of the Atomic Energy Act which prohibits the declosure of Unclassifed Safeguards informaton 142 U S C. 2167).
- 4. The withheld information is a trade secret or commeroal or financial informa son that is being withheld for the reasonis) indicated: (EXEMPTION 4)
The information is considered to be confidential business (proprietary) inforrnaton.
The informaton is ennsidered to be propnetary information pursuant to 10 CFR 2.790(dll11.
The informaton was submitted and received in confidence from a foreegn source pursuant to 10 CFR 2.790(dH21.
- 5. The withheld informaton consists of interagency or intraagency records that are not available through d scovery dunng litigation. Osclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberatn,e process. Where records are withheld in their entirety, the facts are inextncably intertened with the credecisenal informaton. There also are no reasonably segregable factual portons because the release of the facts would permit an indirect anquiry mto the predecrsonal process of the agency. (EXEMPTION 5)
- 6. The withheld information is exempted from psiic disclosure because its declosure would result in a clearfy unwarranted invasion of personal privacy. (EXEMPTION 61
- 7. The ethheld 'information consests of investigatory records compted for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7)
Disclosure would interfere wth an enforcement proceeding because it could reveal the scope, direction. and focus of enforcement efforts. and thus could possibly allow them to take action to shield potentaal wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7(A))
Desclosure would constrtute an unwarranted invasion of personal privacy (EXEMPTION 7(Cl)
The information consists of names of individuals and other informaton the d sclosure of which would reveal identities of confidential sources. eEXEMPTION 7(01)
PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 915 of the U.S Nuclear Regulatory Commission regulatons, 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 mterest. The persons responsible for the denial are those officiats identifed below as denying c,fficials and the Director, Dewsion of Rules and Records. Office of Admenestraton, for any denials that may be appealed to the Executive Director for Operations stoon.
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL
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i PART If D-APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Officialidentified 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 the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20566, and should clearfy state on the envelope and in the letter that it is an " Appeal from an initial FOIA Decision."
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s COMMITTEE TO BRIDGE THE GAP 1637 BUTLER AVENUE m203 LOS ANGELES. CALIFORNIA 90025 (213) 478 0829 j
October 26, 1986 Director Division of Rules and Records FREEDOM OF INFORMATION
[ O h -QUESTgy}
ACT RE office of Administration U.S. Nuclear Regulatory Commission Washington, D.C.
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Dear Sir:
This is a request under the Freedom of Information Act.
(This is the first of three concurrent security-related FOIA requests.)
We would like to obtain a copy of the following categories of documents pertaining to the suspected sabotage incident on May 14, 1986 at Arizona Nuclear Power Project (Palo Verde), and its implications for nuclear power plant security regulations:
(1) All documents which describe the incident itself. These should include, but not be limited to, documents which discuss how many individuals may have been involved, the level of expertise exhibited by their action, whether there may have been insider assistance, which accesory equipment and vehicles may have been involved, etc.
(2) All documents which consider this incident in relation to the design basis threat. These should include, but not be limited to, documents which discuss now this incident may have exceeded the design basis threat, and documents which discuss any changes to be made in the design basis threat in light of this incident.
We request a waiver of search and copying costs, pursuant to 10 CFR 9.14a, on the following grounds:
(1) 'Ihe 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 Palo Verde incident described in the requested documents suggests that an upgrade of security regulations may be warranted.
(2) The requested documents will be used in our ongoing review of s.ecurity-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 by invitation 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 materia]s, since they will be analyzed at CEG's expense and disseminated without charge.
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em (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.
Thank you.
Sincerely, Steven Aftergood Executive Director i
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