ML20206F585

Responds to 860304 FOIA Request for All Documents Re Agency Communications on J Macktal in Connection W/Facilities.App a Documents Placed in Pdr.Portions of App B & All of App C Documents Withheld (Ref FOIA Exemption 5)

ML20206F585
Person / Time
Site:	Comanche Peak
Issue date:	06/09/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20206F590	List: ML20206F585 ML20206F643 ML20206F685 ML20206F701 ML20206F721 ML20206F727 ML20206F743 ML20206F769 ML20206F791 ML20206F794 ML20206F805
References
FOIA-86-157, FOIA-86-A-44 NUDOCS 8606240530
Download: ML20206F585 (5)

Text

UNITED STATES

[ , NUCLEAR REGULATORY COMMISSION ,

a j IVASHINGTON, D. C. 20655

% ... /

Ms. Billie Pirner Garde Director Mg g Environmental Whistleblower Clinic Government Accountability Project IN RESPONSE REFER 1555 Connecticut Avenue, NW, Suite 202 TO F01A-86-157 Washington, DC 20036 AND F0lA-86-A-44

Dear Ms. Garde:

This is in response to your letter dated March 4,1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of all records of agency communications regarding a named individual concerning the Comanche Peak plant.

I have been told that subsequent to the NRC receiving your F0IA request you had a telephone conversation with Edward Shomaker of our Office of the Executive Legal Director in which you modified your request in that you asked for any records the NRC might have used in making a decision to issue a subpoena on or about March 4, 1986.

In regard to the issuance of a subpoena, the records identified on the enclosed Appendix A and the released portions of the records identified on the enclosed Appendix B are being placed in the NRC Public Document Room (PDR), 1717 H Street, NW, Washington, DC. You may obtain access to these records by presenting a copy of this letter to the PDR staff or by requesting PDR folder F01A-86-157 under your name.

The denied portions of the records identified on Ap)endix B and the two records identified on the enclosed Appendix C are being wit 1 held from public disclosure pursuant to the applicable FOIA exemptions noted on the appendices.

Document number 1 of Appendix C is a predecisional memorandum from the Executive Director for Operations to the Commission and is being withheld in its entirety.

However, the sample subpoena which was an attachment to that memorandum is being released, as identified at number 7 of Appendix A. Document number 2 of Appendix C is a draft of the above memorandum.

Information withheld pursuant to Exemption (5) consists of preliminary advice, opinions, and recomendations of members of the NRC staff. Release of this information would tend to inhibit the frank and candid exchange of information in future deliberations and thus would not be in the public interest. There are no reasonably segregable factual portions because release of the facts would permit an indirect inquiry into the predecisional process of the agency.

This information is being withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.

62 0 860609 GARDE 86-A-44 PDR

__'____i__________._____________________.-- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

l Ms. Garde j Information withheld 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 consists of the home address and telephone number of an individual the disclosure of which would cause a clearly unwarranted invasion of personal privacy.

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 production or disclosure and that its production or disclosure is contrary to the public interest. The persons responsible for the denial of the documents identified on Appendix B i are the undersigned and Mr. Robert D. Martin, Regional Administrator, Region IV.

The person responsible for the denial of the documents identified on Appendix C is Mr. Victor Stello, Jr., Executive Director for Operations.

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. Stello may be appealed within 30 days to the Secretary of the Comission and should be addressed to the Secretary of the Comission.

One other record dated February 28, 1986, from Mr. Devine of your organization which is addressed to Mr. Stello, is subject to your request. Since this record was submitted to us by your organization, we are not providing to you a copy of this record.

On March 25, 1986, we received your March 24, 1986, letter appealing our lack of response to this request. Since this office now has provided you with a response to your request and you have been given appeal rights in this letter, no further action will be taken on your March 24, 1986, appeal letter.

Sincerely, '

b o

Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosures:

As stated i

F01A-86-157 APPENDIX A Records in PDR Folder F01A-86-157

1. 1/31/86 Letter from T. Carpenter to Chairman Falladino and Commissioners Zech, Asselstine, Bernthal and Roberts, with enclosure (4 pages)

2. 2/3/86 Memorandum from M. Emerson to R. D. Martin (1 page)

3. 2/3/86 Letter from T. Carpenter to V. Stello (3 pages) 4, 2/14/86 Note to Files from J. Lieberman (1 page)

5. Undated Memorandum from R. D. Martin to G. H. Cunningham (memo not sent) (2 pages)

6. Undated Memorandum from R. D. Martin to J. Sniezek (1 page)

7. Undated Draft Subpoena, which is the attachment to the memorandum dated 2/19/86 which is identified at Appendix C-1 l

i 1

1 F01A-86-157 APPENDIX B Portions of Records Deleted Exemption 6

, 1. 1/23/86 Handwritten notes (1 page)

2. 2/19/86 Letter from V. Stello, Jr., to T. E. Carpenter (2 pages)

3. 2/19/86 Letter from R. D. Martin to J. Macktal (3 pages) l 4. 2/25/86 Letter from R. D. Martin to J. Macktal (2 pages)

5. Undated Letter from V. Stello to T. E. Carpenter (2 pages) i 6. Undated Letter from R. D. Martin to J. Macktal (1 page) 4 i

i

F01A-86-157

, APPENDIX C I Denied Records - Exemption 5

1. 2/19/86 Memorandum from V. Stello to Chairman Palladino, Commissioners Roberts, Asselstine, Bernthal and Zech,

Subject:

Issuance of a Subpoena to Former Comanche Peak Construction Worker (2 pages)

Note: The attachment, which is the undated draft Subpoena, is as identified at Appendix A-7 as a released record

2. Undated Draft Memorandum from V. Stello to Chairman Palladino,

Commissioners Roberts, Asselstine, Bernthal and Zech,

Subject:

Issuance of a Subpoena to Former Comanche Peak Construction Worker (2pages) i 4

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