ML20207R839
| ML20207R839 | |
| Person / Time | |
|---|---|
| Issue date: | 03/13/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-86-211 NUDOCS 8703180190 | |
| Download: ML20207R839 (2) | |
Text
U.S. NUCLEAR CEIULATORY COMMISS!!N NJ+C FOM.EQUEST NUM8 EMS 8 p
F01A-86-211 g,. g,,g.
usesE tm
[
l RESPONSE TO FREEDOM OF
[Ij'"
I l "''
(e.../
INFORMATION ACT (FOlA) REQUEST MM 13 27 i
1 e
h DOCKET huMBER.51 Ur upoemi REQUESTER Billie Pirner Garde GAP s
PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked bones)
No agency records subject to the request have been located.
No additonal agency records subsect to the request have been located.
Agency records subject to the request that are identifed m Appendix are already avadable for public inspectaon and copying in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.
Agency records subject to the request that are identified in Appendix are bemg made available for public mspecton and copymg in the NRC Pubhc Document Coom,1717 H Street, N.W., Washmgton, DC, in a folder under the FOIA number and requester name.
The nonpropnetary version of the proposaHal that you agreed to accept in a telephone conversation with a member of my staff is now being made avadable for public inspection and coying at the NRC Public Document Room.1717 H Street, N W., Washington, DC, e a folder under this FOIA number and requester name.
Enclosed is information on how you rnay obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street. N.W., Washegton, 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.
Gecords subject to the request have been referred to another Federal agency 6es for review and direct response to you.
)(
in view of NRC's response to the request, no further action es being taken on appeal letter da*ed A pri l 9, 1986 (86-A-60)
PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certan lnformation m the requested records is bemg withheld from public disclosure pursuant to the FOIA ewemptions described in and for the reasono stated in Part II, sec.
X tions 8 C, and D. Any released portions of the documents for wh ch only part of the record is being withheid are being made avadable for public inspection and copying in the NRC Pubhc Document Room,1717 H Street. N W., Washington, DC, in a folder under this FOIA number and requester name Comments The remaining records in 01 files subject to this request relate to an ongoing investigation and are being withheld pursuant to Exemption (7)(A).
0703100190 870313 PDR FOIA GARDEGb-211 PDR 0
H
/
NbY b he DRR e
NRC FORM 4H (Pet 11 is esi
FftEEDOM OF INFORMATION ACT CESPONSE FOIA NUVBER+S)
F01A-86-211 DATEW I3 C7 e
PA%T ll.8-APPLICAILE FOIA EXEMPTIONS e
Recorris subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under FOi A Eaemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(bs and 10 CFR 9.5(a) of NRC Regulations.
- 1. The mthheld anformacon as property classifed pursuant to f secutive Order 12356 (EXEMPTION 11
- 2. The wthheld information relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2)
- 3. The wthheld information is specifcally exempted from public disclosure by statute indicated- (EXEMPTION 3)
Section 141145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerty Restncted Data 142 U.S.C. 216121661.
Section 147 of the Atomic Energy Act whch prohibits the disclosure of Unclassified Safeguards information (42 U.S C. 2167).
- 4. The mthheld information is a trade secret or commercial or *mancial information that a being withheld for the reason (s) indicated: (EXEMPTION 4)
The information is considered to be confidental business (propretary) mformation.
s The information is considered to be proprotary information pursuant to 10 CFR 2390tdH1).
The aformation was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790tdM2).
- 5. The withheld informaten consists of interagency or intraagency records that are not available through discovery durmg litigation. Osclosure of predecisional informatcn would tend to inhibit the open and frank exchange of ideas essential to the deliberatsve process. Where records are wthheld in their entrety, the facts are anentncab4 antertweed with the predecisional informaten. There also are no reasonably segregable factual portons because the release of the facts would permit an indrect mquery mto the predecisional process of the agency, tEXEMPTION 51
- 6. The withheid informanon is exempted from public disciosure because its disclosure would result in a clearfy unwarranted invasion of personal privacy. (EXEMPTION 6-X
- 7. Th. -thh.id information cona.ts of investigatorv records compiied for iaw enforce-eet purposes and is bemg withneid for the reason <si ind<ated. <ExEuPTiON 7
,oo.los,ure would interfere with en enforcement proceeding because it could reveal the scope, direction, and focus of enforcement e forts. and th Disc r
X ib y aliow enem to iaine scion to snioid pot.ntei wrongdomg or. v iat,on of NRC,eauerements f,om investigators (EXEMPTION 7 tall Declosure would constitute an unwarranted mvasion of personal pnvacy IEXEMPTION 7(CH The information consists of names of individuals and other informaten tne disclosure of whch would reveal identities of conf;dential sources. IEXEMPTION 710n PART ll C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and /or 915 of the U S. Nuclear Regulatory Commissen regulatons, it has been determined that the information withheld is exempt from producten or discicsure.
and that its production or disclosure e contrary to the public enterest. The persons responsible for the denial are those officials identifed bekiw as denymg officials and the D 'ector, Dmeen of Rules and Records. Office of Adminstraton, for any densais that may be appealed to the Execunve Director for Operations tEco DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL sECliETafiY DO Ben B. Hayes Director 0I X
s PART 18 D-APPEAL RIGHTS The denial by each denying officialidentrfied in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within M days of receipt of this responsa. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commiseson, U.S. Nuclear Regulatory Commission, Washington, DC 20556, and should clearly state on the envelope and in the letter that it le an " Appeal from an initial FOIA Decision.
mac Foaw ese iPori n U.S. NUCLEAR REGULATORY COMMISSION io ni FOlA RESPONSE CONTINUATION
f GOVIRNMENT ACCOUNTABILITY PRDJECT 1555 Connecticut Awnue, N.W., Suite 202 WasNryton, D.C. 20006 (202)232-8550 March 21, 1986 FREEDOM OF INFORMATION ACT REQUEST FREEDOM OF INFORMATION Director ACT REQUEST Office of Administration Nuclear Regulatory Commission M
N Washington, D.C.
20555 b 'dMS 46 To Whom It May Concern:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.
552, the Government Accountability Project (GAP) requests copies of all completed OI investigations of the Waterford facility; more specifically we request any and all reports into harassment and intimidation, records falsification, and material false statements made by Waterford officials.
This request should include but not be limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer runoffs, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to the investigations.
This request includes all agency records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NRC official, " working", investigative or other files, or at any other location, including private residences.
If any records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).
r AI h W 0 l ll [
Cj w
-s).Lv w,7
{
GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 U.S.C. 552 (a) (4) (a).
GAP is a non-profit, non-partisan public interest organization concerned with honest and open government.
Through public outreach, the Project promotes whistleblowers as agents of government accountability.
Through its Environmental Whistleblower Clinic, GAP offers assis-tance to local public interest and citizens groups seeking to ensure the health and safety of their communities.
The Environ-mental Whistleblower Clinic is currently assisting several citizens groups, local governments and intervenors in Louisiana concerning the construction of the Waterford nuclear power plant.
We are requesting the above information as part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.
For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld.
The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.
This index is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).
We look forward to your response to this request within ten working days.
Sincerely, OdAe. fm $~k Billie Pirner Garde Director, Environmental Whistleblower Clinic l
I I
l
._