ML20206D765
| ML20206D765 | |
| Person / Time | |
|---|---|
| Issue date: | 10/20/1988 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Hirsch D COMMITTEE TO BRIDGE THE GAP |
| Shared Package | |
| ML20206D770 | List: |
| References | |
| FOIA-84-454 NUDOCS 8811170269 | |
| Download: ML20206D765 (6) | |
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fQ UNITED STATES og NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D. C. 20665
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OCT c 01988 Mr. Daniel Hirsch Comittee to Bridge the Gap 1637 Butler Avenue, #203 IN RESP 0NSE REFER Los Angeles, CA 90025 FOIA-84-454
Dear Mr. Hirsch:
This is in further response to your letter dated May 29, 1984, in which you requested, pursuant to the Freedom of Information Act (F0IA), documents concerning the Office of Inspector and Auditor's report entitled "G LB - Allegations Concerning Three NRC Employees."
Documents which were subject to your other FOIA requests and also documents served on the parties to the University of California at the Los Angeles Reactor License Renewal Proceeding will not be addressed in response to this request.
Copies of eight documents listed on enclosed Appendix B are enclosed and are being placed in the NRC Public Document Room.
ithheld Documents 1 through 37 and 56 thrcugh 59 listed on Appendix C are being)w(5)) and in their entirety pursusnt to Exemption (5) of the FOIA (5 U.S.C. 552(b 10CFR9.17(n)(5)oftheCommission'sregulations. These documents include:
raw interview notes, drafts of interview reports, drafts of analyses and drafts of the Office of Inspector and Auditor's (OIA) final report and transmittal memorandum to the Commission. These documents are all clearly predecisional because they were )repared prior to and in the course of reaching a final decision.
Thus, t1e predecisional character of these documents has not changed by virtue of OIA's issuance of a final report. Moreover, because the release of these draft documents would reveal important aspects of the deliberative process, the Ccmission believes that disclosure of these documents is not in the public interest.
In addition, documents 36 through 61 listed on Appendix C are being(withheld in their entirety (pursuant to Exemptions (6) and (7 the F0IA the Comission's regulations. Disclosure of this withheld information could reasonably be expected to constitute a clearly unwarranted invasion of personal privacy.
There is no reasonably segregable factual information in these documents that is not already publicly available.
Since documents 1 through 35 of Appendix C were the subject of a FOIA appeal and the Comission itself made the above withholding determination, this letter represents the final agency action on the 35 documents. Judicial review of the decision is available in a district court of the United States in the district in which you reside or have your principal place of business or in the District of Columbia.
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1 Mr. Daniel Hirsch l The denying efficial for documents 36, 37, and 38, Appendix C, is Mr. James A. '/itzgerald, Assistant General Counsel for Adjudications and Opinions. The denying official for documents 39 through 61, Appendix C, is Ms. Sharon Connelly, Director, Office of Inspector and Auditor. The denial of these records may be appealed to the Secretary of the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state oil the envelope and 1
in the letter that it is an "Appeal from an Initial FOIA Decision."
This completes action on your request.
Sincerely, hM lb W Donnie H. Grimsley, Dir ctor Division of Freedom of Infonnation and Publications Services Office of Administration and Resources Management
Enclosures:
As stated
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Re: F01A-64-454-APPENDIX B
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1.
1/4/84 UPI newspaper article entitled, "Nuclear Foes: Terrorists my AttackUCLAReactor"(1page) i 2.
1/31/84 Telephone or Verbal Conversation Record Hirsch to Smith.
(1page) 3.
2/13/84 Report of Interview, Daniel Hirsch.
(2pages) 4.
2/23/84 Receipt of Materials (1 page) 5.
2/29/84 Review of Document (1 page) 6.
3/13/84 ReviewofReports(1page) 7.
5/16/84 Affidavit of Loren L. Bush, Jr. (5 pages) 8.
5/17/84 Memo, Smith to File 84-9, Review of Additional CBG Materials w/o attachments (Attachments were provided to 0IA by CBG)
(1 page)
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Re: FOIA-84-454 APPENDIX C 1.
Undated Notes outlining possible allegations 2.
1/24/84 Draft of Document C-44 3.
1/30/84 Draft of Document C-45 4,
2/6/84 Interview notes - Daniel Hirsch 5.
2/6/S4 Draft of Document B-3 6,
2/15/84 Interview Notes - Donald M. Carlson 7,
2/23/84 Draft of document B-4 8.
2/28/84 Draft of document C-47 9,
2/28/84 Conversation Record Hirsch to Smith, subject, Follow-up to Interview 10.
2/29/84 Interview notes of James R. Miller
.11.
2/29/84 Draft of document B-5.
12.
2/29/84 Draft of document C-48 13, 3/2/84 Conversation Record, Hirsch to Smith, subject, Inspection Reports from Argonant Reactors 14.
3/12/84 Interview notes - James Miller 15.
3/13/84 Draft of document C-50 16, 3/14/84 Conversation Record, Bay to Smith, subject, NRC Submission 9
dated 3/9/84
- 17. 3/15/84 Interview notes - Russel R. Rentschler 18.
3/20/84 Draf t of document C-51 19.
3/20/84 Draft of document C-52 20.
3/27/84 Draft of document C-53
- 21. 4/16/84 Interview notes - Loren 81ush 22.
4/20/84 Draft of Document C-54 23.
S/9/84 Interview notes - Mathhew D. Schuster 24.
5/10/84 Draf t of Document C-55
1^
Re:
F0!A-84-454 APPENDIX C (Continued) 25.
5/10/84 Draf t sumary, Report of Investigation
- 26. 5/15/84 Draft of transmittal, Report of Investigation, subject, ASLB - Allegations Concerning Three NRC Employees (new draft)
- 27. 5/15/84 Draft of document C-26 (for final typing)
- 28. 5/15/84 Draft of sumary, Report of Investigation (document C-25)
- 29. 5/16/84 Draft of document C-26
- 30. 5/16/84 Draft of document C-25
- 31. 5/23/84 Draf t of transmittal (document C-26) with sumary (documentC-25)
- 32. 5/24/84 Draf t of documents C-25 and C-26, with markings
- 33. 5/25/84 Draf t of document C-32
- 34. 5/25/84 Draft of docunient C-32 (second draft), transmittal and pages 2 and 3 of sumary only
- 35. 5/29/84 Draft of document C-26
- 36. 5/29/84 Memorandum for Chairman Palladino and Comissioners Gilinsky, Roberts, Asselstine and Bernthal from George H. Messenger, subject: ASLB - Allegations Concerning ihree NRC Employees.
(2 pages)
- 37. 6/11/84 Marked up draft of page 2, basic memorandum and Report of Investigation.
(10 pages) 38, 6/12/84 Memorandum for Chaiman Palladino and Comissioners Gilinsky, Roberts, Asselstine and Bernthal from George H. Messenger, subject: ASLB - Allegations Concerning Three NRC Employees, with attachments (295 pages)
- 39. Undated Note Luebke to Smith (1 page) 40.
12/29/83 Case Sumary Sheet.
(2pages) 41.
1/10/84 Memo, Smith to File, subject, Receipt of Additional Materials.
(1page) 42.
1/11/84 Report of Interview Donald M. Carlson (1 page) 43.
1/11/84 Report of Interview, James R. Miller (1 page) 44, 1/24/84 Analysis of Miller affidavits (2 pages)
Re:
F0!A-34-454 APPENDIX C (Continued) 45.
1/30/84 Comparison of Carlson affidavits (2 pages) 46.
1/30/84 Comparison of Woodhead presentations (1 page) 47, 2/28/88 Report of Interview, Donald M. Carlson.
(1page) 48, 2/29/84 Report of Interview, James R. Miller.
(2pages)
- 49. 3/1/84 Report of Interview, Donald M. Carlson.
(1page)
- 50. 3/13/84 Report of Interview, James R. Miller.
(2pages) 51, 3/20/84 Report of Interview, Donald M. Carlson (1 page) 52.
3/20/84 Report of Interview, Russel R. Rentschler (1 page)
- 53. 3/27/84 Report of Interview, Joseph R. Gray (1 page) 54, 4/20/84 ReportofInterview,LorenBush(3pages)
- 55. 5/10/84 Report of Interview, Matthew D. Schuster (1 page) 56, 2/22/84 Interview Notes - Colleen Woodhead (1 page) 57, 2/24/84 Draft Report of Interview - Woodhead (2 pages)
- 58. 3/16/84 Interview notes - Woodhead (2 pages)
- 59. 3/20/84 Draft Report of Interview - Woodhead (2 pages) 60.
2/24/84 Report of Interview.
(3pages) 61.
3/20/84 Draft Report of Interview - Colleen Woodhead (1 page)
COMMITTEE TO BRIDGE THE GAP 1637 BUTLER AVENUE m203 LOS ANGELES CALIFORNIA 90025 (213) 478-0829 May 29, 1984 J.M. Felton 0irector PREEDOM OF INFORMATION Division of Rules and Records ACT REQUEST Office of Administration U.S. Nuclear Regulatory Commission
/
d' b' ' h g
ggy Washington, D.C. 20555 FOIA Request
Dear Director Felton:
This is a request under the Freedom of Information Act, as amended.
By Memorandum and Order of February 24, 1984, the Atomic Safety and Licensing Board presiding over the UCLA reactor relicensing case forwarded to the NRC's Office of Inspector and Auditor (01A) allegations by the Board of misconduct and material false statements by the NRC Staf f and its Counsel on security matters relevant to that case.
In particular, the Board accused Staff and Counsel of "substantial misrepresentations" related
' sabotage protection for research reactors, misrepresentations contained both in statemeetts made to the Board and to the Commission (the latter in SECY 83-500).
In late December, the Board had forwarded to OIA other allegetions related to misrepresentations by Staff and Counsel on security matters for research reactors in general and the UCLA reactor in particular, related both to sabotage and theft protection.
OIA has, we understand, beenconducting an investigation of these matters.
We hereby request regarding said investigation the final report and all attachments thereto, any drafts thereof, and any and all other agency records and information as to the OIA investigation, including but not limited to, notes, letters, memoranda, instructions, drafts, minutes, diaries, logs, transcripts, files, handwritten notes, interim and final reports, status reports, and any and all other information relevant to and/or generated in connection with the OIA investigation of these matters.
This request covers all material generated by and/or currently (or formerly) in possession of the NRC Staff, including but not limited to, the Of fice of the Inspector and Auditor, NMSS, 0IE, OELD, OGC, the Commission-ers, Nuclear Reactor Regulation, and Region V.
This 'equest includes all agency records as defined in 10 CFR 9.3a(b and NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980), whether they currently exist in NRC official, "working",
investigative, or other files, or at any other location, including private residences.
hNNSOO!?
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If any records as defined in 10 CFR 9.3a(b) and NRC Manual, supra _, and covered by this request have been destroyed or removed..following this request, please provide a list of all surrounding documents and all documents detailing the circumstances l
surrounding the destruction or removal.
The Committee to Bridge the Gap is a non-profit, public interest group, and hereby requests a fee waiver for search and j
copying costs because the information sought is principally benefitting the general public.
5 USC 552 (a)(4)(a).
CBG, party l
to the UCLA proceeding, needs the information to resolve a most important j public interest concern--whether representations mede by NRC Staff, and VCLA, to the Atomic Safety aid Licensing Board on key i
security matters have been materially false.
Additionally, 1
CBG is conducting a study, for submission to the Commissioners, the Congress, and the general public, on the proposal to eliminate sabotage protection requirements at the nation's research reactors, a most important public policy matter, and the information sought will form the basis for substantial portions of the analysis of the veracity of and risks associated with Staf f's proposal contained in SECY 83-500.
Therefore, CBG requests fee waiver.
For any document or portions of documents denied, due to a specific F0IA exemption, index and itemize detailed justification of the grounds for each exemption, as required under Vaugh Rosen (I),
484 F 2d 820, DC Cir 1973, cert denied 415 US 977 (1974).
Please respond to the above address and phone number.
A Sincerely,,
/b$ &
, O k Daniel Hirsch