ML20206H610

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Responds to Appeal Re Denial of FOIA Request for Documents on T Westerman to Util Re Allegation 4-86-A-019. Forwards Portions of Documents 1,3 & 9 & Documents 2,4,6 & 7.Info Partially Withheld (Ref FOIA Exemptions 5 & 6)
ML20206H610
Person / Time
Site: Comanche Peak  
Issue date: 04/13/1987
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20206H613 List:
References
FOIA-86-726, FOIA-87-A-12 NUDOCS 8704150399
Download: ML20206H610 (2)


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O(b APR 131987 Billie Pirner Garde, Esquire Government Accountebility Project Midwest Office IN RESPONSE REFER 3424 Marcos Lane TO FOIA-87-A-12 Appleton, WI 54911 (FOIA-86-726)

Dear Ms. Garde:

This is in response to your letter dated February 26, 1987, in which you appealed Mr. Donnie H. Grimsley's letter dated February 20, 1987, which denied, in whole or in part, nine documents subject to your Freedom of Information Act (FOIA) request for documents related to the May 30, 1986, letter from Thomas Westerman to Texas Utilities Generating Company regarding 4-86-A-019.

Acting on your appeal, I have carefully reviewed the record in this case and have determined that some additional information can now be made publicly available.

Your appeal is, therefore, partially granted and partially denied.

I Portions of documents 1, 3, and 9, and documents 2, 4, 6, and 7 listed on the enclosed appendix can now be made publicly available and are i

enclosed. The remaining portions of documents 1, 3, and 9, and the initially withheld portions of documents 5 and 8 will continue to be 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.

The withheld information consists of names and other identifying information concerning individuals who have made allegations regarding the Comanche Peak plant.

I am unable to identify any legitima.te public interest in this information which outweighs the privacy interests of the individuals.

This is a final agency action. As set forth in the F0IA (5 U.S.C.

552(a)(4)(B)), judicial review of this decision is available in a district court of the United States in the district in which you reside, have your principal place of business, or in the District of Columbia.

l Sincerely, f.

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VTItor Stello, 'Jr. /

Executive Director for Operations

Enclosures:

As stated 8704150399 870413 PDR FOIA GARDE 87-A-12 PDR

Re: F0!A-87-A-12 (F01A-86-726)

APPENDIX 1.

10/25/85 Letter from Robert D. Martin, RIV, to Juanita Ellis, CASE (1 page) 2.

3/7/86 Handwritten note, unsigned, re allegation (1 page) 3.

3/11/86 Handwritten note, signed "Richins" re named individual (1 page) 4.

4/29/86 Memorandum from Mark Emerson, RIV, to File, subject:

" Contact with 01 Regarding Allegation Made by Alleger A-4" (1page) 5.

5/23/86 Letter from Mark Emerson to Juanita Ellis, CASE, Ref:

Allegation No. 4-86-A-019 (3 pages) 6.

6/1/86 AllegationDataInputreA-4(1page) 7.

6/4/86 Allegation Review, subject: Various CPSES Concerns (1 page) 8.

12/18/85 Memorandum from L. Shao, Comanche Peak Project Group Leader, to Vincent S. Noonan, Director, CPP, subject:

" Status of New A-4 Allegations" (1 page) w/ attachment, Status of Potentially New Allegations Received from Alleger A-4 (3 pages) 9.

Undated Handwritten note, unsigned (1 page)