ML20207L391
| ML20207L391 | |
| Person / Time | |
|---|---|
| Issue date: | 04/07/1986 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Bartlett J, Combs T, Dopp R NRC, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20207L144 | List: |
| References | |
| FOIA-86-796 NUDOCS 8701120145 | |
| Download: ML20207L391 (6) | |
Text
.. O&P ROUDNG f/h; UNITED STATES
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Action Du'e 177 M April 7, 1986 fmf-[ wl - IO MEMORANDUM FOR: Jeff Bartlett Richard Dopp James McDermott ELD SEC OLP Tom Combs Suzanne Schuyler William Kerr SECY* OGC SDBU/CR FROM: Donnie H. Grimsley, Director Division o.f Rules and Records, ADM
SUBJECT:
FOIA REQUEST FROM LISA SHEA FOR COPIES OF ALL RECORDS REGARDING HER EEO MATTER, THE VIOLATION OF HER SECURITY' FILE, THE DECISION TO REINSTATE SHARON CONNELLY, AND ANY DISCIPLINARY ACTION AGAINST GEORGE MESSENGER (FOIA-86-250)
Please find enclosed a copy of the subject FOIA request. Please inform me by April 11, 1986, of your responses to the questions on the enclosure to this memorandum.
Please provide to me all agency records subject to this request no later than April 16, 1986.
When submitting records responsive to the request, a careful review should be undertaken to identify (1) any material which should be withheld specifi, gally as classified, safeguards, or proprietary information; and (2) all records received from, or transmitted to, one or more Commissioners, or which contain substantive excerpts from records received from, or transmitted to, the Commissioners.
Records should be grouped on separate lists as follows: (A) records in the PDR; (B) records to be placed in the PDR; (C) records to be wi thheld in part or in whole with exemptions noted; and (D) records to be referred to the Commissioners, other NRC offices, submitters f or proprietary review, and other Federal agencies.
Special instructions regarding FOIA search requirements are provided on the enclosure to this memorandum. If you have any questions, please telephone me at x27211.
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Donnie H. Grimsley, Director Division of Rules and Records, ADM 8701120145 570103 PDR FOIA AIROZOO6-796 PDR
Enclosures:
As stated
1-FOIA AND PRIVACY ACT REQUEST DONNIE GRIMSLEY FREEtioM OF INFORMATiON FOIA/ PRIVACY ACT DIVISION ACI. REQUEST NUCLEAR REGULATORY COMMISSION $7A -[fy-cMd TO WHOM IT MAY CONCERN: G d ~k ~h'd:p PURSUANT TO THE FREEDOM OF INFORMATION ACT, 5 USC 552, AND THE PRIVACY ACT OF 1974, 5 USC 552A, I REQUEST COPIES OF ALL AGENCY RECORDS AND INFORMATION REGARQING THE LISA A. SHEA EEO MATTER, THE VIOLATION OF LISA A. SHEA*S SECURITY FILE RESULTING IN A REFERRAL TO DOJ FOR A PRIVACY ACT VIOLATION AND ALL DOCUMENTATION GENERATED IN THE DECISION TO REINSTATE - -
SHARON CONNELLY AS WELL AS ANY DOCUMENTS GENERATED IN ANY DI9NPLINARY ACTION AGAINST GEORGE MESSENGER. THIS REQUEST CONCERNS BUT IS NOT LIMITED TO NRC STAFF, NRC COMMISSIONERS, NRC CONSULTANTS, SPECIAL EMPLOYEES OR CONTRACTORS.
T r4IS REQUEST INCLUDES BUT IS NOT LIMITED TO MEMORANDA, CORRESPONDENCE, DRAFTS. DIARIES, LOGS, CALENDARS, TAPES, COMMISSION MEETING TRANSCRIPTS, COMMISSION VOTE SHEETS, AFFIDAVITS, BRIEFINGS, VOICE RECORDINGS, STATUS REPORTS. -
INTERIM OR FINAL REPORTS, RECORDS OF TELEPHONE MESSAGES AND ANY AND ALL DOCUMENTS SUBMITTED TO THE COMMISSION IN CONNECTION WITH THESE MATTERS BY SHARON CONNELLY. GEORGE MESSENGER AND/OR THEIR RESPECTIVE LEGAL COUNSEL.
THIS REOUEST INCLUDES ALL AGENCY RECORDS AS DEFINED IN 10 CFR 9.3A(B) AND 10 CFR 9.51(C) AND THE NRC MANUAL. WHETHER THEY CURRENTLY EXIST IN THE NRC OFFICIAL, WORKING INVE,STIGATIVE, OR OTHER FILES OR AT ANY OTHER LOCATION.
IN THE EVENT THAT ANY OF THE RECORDS REQUESTED HAVE BEEN DESTROYED OR REMOVED AFTER THIS REDUEST, PLEASE PROVIDE ALL SURROUNDING CIRMCUMSTANCES, INCLUDING BUT NOT LIMITED TO A-LIST OF ALL RECORDS REMOVED OR DESTROYED, AND A DESCRIPTION OF THE RELEVANT ACTION.
I FURTHER REQUEST THAT YOU ITEMIIZE AND INDEX ANY DOCUMENTS OR PORTIONS OF DOCUMENTS WHICH ARE DENIED DUE TO A SPECIFIC FOIA/ PRIVACY ACT EXEMPTION, PROVIDE THE GROUNDS FOR CLAIMING EACH EXEMPTION, AND EXPLAIN WHY EACH EXEMPTION IS RELEVANT TO THE DOCUMENT OR PORTION OF THE DOCUMENT WITHHELD.
HOWEVER, I WOULD NOTE THAT ACCORDING TO NRC ANNOUNCEMENT NO. r_
,, . j, , 4 3, DATFg MARCH, 23, 1986. THE COMMISSION HAS DETERMINED TH MS. CONNELLY COMMITTED NO OFFENSES AND HAS REINSTATED HER.gTg*g',@~ M' h
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" e THIS CONSTITUTES A FINAL AGENCY ACTION AS DEFINED UNDER FOIA. CONSEQUENTLY. NO EXEMPTIONS UNDER FOIA SHOULD APPLY.
IN SIMILAR MANNER, SINCE THERE IS NO ONGOING INVESTIGATION NO EXEMPTIONS UNDER THE PRIVACY ACT SHOULD APPLY TO ANY DOCUMENTS, OR PORTIONS OF DOCUMENTS, WHICH DIRECTLY RELATE
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TO NE. I AM AWARE FROM MR. ALOOT, OGC, THAT THE DOCUMENTS I AM SEEKING ARE ALL READY CONSOLIDATED AT THE COMMISSION LEVEL, AND THEREFORE NO SEARCH IS REQUIRED. I SEEK EXPEDITIOUS HANDLING OF THIS REQUEST.
PLEASE ADVISE ME IN ADVANCE IF THE FEE CHARGED FOR THIS REQUEST WILL BE GREATER THAN $50.00.
SINCERELY YOURS
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$ ~3 $4 LI A. SH A 6 BENTRIDGE COURT POTOMAC,,MD' 20854 -
CC: J. ALDRICH, ESO.
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Enclosure to FOIA Distribution Memorandum QUESTIONS: Please inform the FOIA Branch staff of your responses to the following questions within five days of your receipt of an F0IA request:
- 1. Does your office have agency records subject to this request? If y,es, will significant search time be required? NOTE: If expected search time exceeds two hours, do not begin search until first talking to the FOIA Branch contact.
- 2. Do you anticipate any significant problems in processing this request and responding in the allotted time? If so, inform the FOIA Branch contact imediately.
- 3. Is there any other office not listed above which might have records subject to this request? If so, inform the FOIA Branch contact immediately.
FOIA SEARCH INSTRUCTIONS: The following instructions are to be used in searching for records and processing FOIA requests:
Scope of Search
_ 1. As a general rule, a search is adequate when all records are located which individuals familiar with the subject matter of the request can reasonably be expected to find in a reasonable amount of time.
- 2. The staff does not have to look into every conceivable file for records subject to a request, but the staff likely to be familiar with the subject matter must be consulted, and those files likely to contain records must be reviewed.
Agency Records
- 3. A request applies only to records in existence on the date the request is received by NRC. "In existence" includes records in a computer data file. Even though a copy of the computer data file may be subject, no new programming is required to extract the data. However, if the information is retrievable by use of an existing print program the subject information can be provided by printout. (Recordscreatedafter 4
a request is received by NRC may be made available as a matter of discretion with the staff, i.e., if the additional records are necessary to provide a complete
- picture of a situation or to avoid possible ambiguity).
, 4. If the requested information does not exist in record or computer format at the time a request is received, there is no obligation under the F0IA to create a record in order to be responsive to the request.
- 5. If records have been destroyed prior to the receipt of the request, there is no obligation under the FOIA to tell the requester what was destroyed, when it was destroyed, or why it was destroyed. Note, however, that no records may be destroyed after a request is received.
- 6. If a request also asks for all records created in connection with the processing of the request, it is not necessary to make these records available since the records were not in existence at the time the request was received. The FOIA imposes no obligation on staff offices to retain such records. (However,theremaybea separate,laterrequest,fortheserecords).
- 7. If a request asks for records maintained at a person's residence, and a staff member has any question as to whether the records are personal records or agency records, the 1
staff member should contact the FOIA Branch. (Normally records maintained at a person's residence are not " agency records").
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A oote ROUTING AND TRANSMITTAL SUP 10 {Name. office symbol. toom number, Initials Date ouilding, Agency / Post)
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Action File Note and Retum Approval For Clearance Per Conversation As Requested For Correction Prenare Reply Circulate For Your infosmetion See Me Comment lavestigste Signature Coordination Justify REMARKS
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DO NOT use tNs form as a RECORD of approvels, concurroness, disposses, clearances, and similar actions l FROM:(Name, org. symbol, Agency / Post) Room No.-Side.
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' OPTIONAL FORM 41 (Rev. 7-76)
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(' Appendix g,,,Q(~d 6 81
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0 /15/86 MerroforG.MessengerfromN.J.Palladinosubj:g44'S (1page) c htai N C f 8 8 8i"'
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. 8/20/86 Policy Issue Memo to the Commissioners from V. Stello, Jr,[ + MIi'
Subject:
Office of Information Resources Management [ 'V . J dre -.i .
(10pages)
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- 3. 7/10/86 Memo for Chairman Zech from D.A. Ward, ACRS, subject:
ACRS Consultant on Legal Matters (2 pages) h) [
- 4. Undated Memo to the Commissioners from V. Stello, Jr.. subject: .,4
" {-
Information Resources Management Office (12 pages) i. y Wl r. : ,l v . ,..4... ,
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