ML20207T107

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Final Response to FOIA Request.App C Documents Encl & Available in Pdr.App D Documents Partially Withheld (Ref FOIA Exemption 6).App E Documents Completely Withheld (Ref FOIA Exemption 7)
ML20207T107
Person / Time
Site: South Texas  STP Nuclear Operating Company icon.png
Issue date: 03/19/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Harris J
AUSTIN AMERICAN-STATESMAN, AUSTIN, TX
Shared Package
ML20207B356 List:
References
FOIA-86-885 NUDOCS 8703230198
Download: ML20207T107 (7)
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b. Mw rA PM4 PART 1.-RECORDS RELEASED OR NOT LOCATED ISee checAed bonesi No agency records subject to the request have been located.

No additional agency records subloct to the request have been located. j t to the equest at are identified in Appendia are stready available for public inspection and copying in the NRC Putdic Document Room, Agency records subsect to the request that are identified in Appendix h are being made available for putdec inapection and copying in the NRC Public Doc" ment X Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

The nonpropnetary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made avstable for public inspection and coying at the NRC Public Document Room,1717 H Street, N W , Washington, DC, in a folder under this FOIA number and requester name.

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Enclosed is information on how you may obtam access to and the charges for copying records placed in the NRC Pubhc Document Room,1717 H Suset, N.W., Washington, 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.

Records subiect to the request have been referred to another Federal agency 0es) for review and direct response to you.

In view of NRC's ruponse to this request, no further action is being talten on appeal letter dated PART li.A-INFORMATION WITHHELD FROM PUBUC DISCLOSURE Certam information in the requested records is bemg withheld from public declosure pursuant to the FOIA enemptione described in and for the reasone stated in Part II, esc-tiona 8. C. and D. Any released portions of the documents for which only part of the record is bemg withheid are being made evedable for public inspection and copymg in the NRC Public Document Room,1717 H Strat, N.W., Washington, DC, in a folder under this FOIA number and requester name.

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBE24SI:

PART 118- APPLICABLE FOIA EXEMPTIONS

-h DATE:

Records subject to the Iequest that are described in the enclosed Appendices +E a,e being witnheid in thei, enti,ery o, in pa,, unde, FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The wthheld information is property classefed pursuant to Executive Order 12356 (EXEMPTION 1)
2. The withheld information relates solely to the intamal personnel rules and procedures of NRC. (EXEMPTION 2)
3. The withheld information is specifically esempted from public declosure by statute indicated: (EXEMPTION 3)

Section 141145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data'or Formerty Restricted Data 142 U.S.C. 21612166).

Secten 147 of the Atomic Energy Act which prohibits the declosure of Unclasssfed Safeguards information (42 U.S C. 2167).

O. The withheld information 6 e trade so ret or commercial or financialinformation that is being withheld for the reason (s) indicated: (EXEMPTION 4)

The information is considered to be confidential business (proprietary) information.

The informaten is considered to be propretary inforrnation pursuant to 10 CFR 2.790(dH1).

The information was submitted and received in confidence from a fore.gn source pursuant to to CFR 2.790(d)(2).

5. The withheld informaten consists of interagency or intraagency records that are not available through discovery during litigation. Osclosure of predecisenal informaton would teri to inhibit the open and frank exchange of ideas essantet to the deliberatrwe process. Where records are withheld in their entirety, the facts are inextricably intertwened wth the predecisional informaten. There also are no reasonably segregable factual portions because the release of the facts would permet an indirect enquiry into tne predeceenal process of the egency. (EXEMPTION 5)
8. The wthheld informanon is enempted from public disclosure because its d actosure would result in a clearfy unwarranted invasion of persoril privacy. (EXEMPTION 6)
7. The wthheld information conosts of investigatory records compied for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7)

Doctosure would interfere wth an er.forcement proceeding because it could reveal the scope, directen, and focus of enforcement efforts, and thus could X possely allow them to take action to shield potentel wrongdoeng or a violation of NRC requirements from investigators. (EXEMPTION 7tAH Q

Doctosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7lCH The information wnsists of names of individuals and other information the disclosure of which would reveal identities of confidentel sources. IEXEMPTION 710))

PART it.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 915 of the U S. Nuclear Regulatory Commssion regulatons, it has been determined that the informaten wthheld is esempt from pruduction or disclosure, and that etsproduction or dedosure is contrary to the public interest. The persons responsable for the denial are those officials identifed below as denying officials and the Director, Deveen of nules and Records. Office of Admmistration, for any derwals that may be appealed to the Execunve Director for Operatensitoot DENylNG OFFIOAL TITLE /OFFICJ A RECORDS DENIED APPELLATE OFFICIAL

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Md L,asMydbbd.X 1Aou PART 11 D- APPEAL RIGHTS The denial by each denying official identified in Part II.C may t,e appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Esecutive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state ori the envelope and in the letter that it 6e an " Appeal from en Brutial FOIA Decision.

mac Fonu ese leert a U.S. NUCLEAR REGULATORY COMMISSION is esi FOlA RESPONSE CONTINUATION

Re: FOIA 885 APPENDIX 1 RECORD $ MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NU NUM8tR DATE _

DESCRIPTION

1. undated tetter, vice , r stello Jr., to The Honorable Lloyd Bentsen (1 page) 11/13/86 Same as above (1 page) concurrence copy g 9

Re: F0IA 885 __

APPENDIX 1 REEORDS MAINTAINED IN THE POR UNDER THE AB0VE REQU NUM8ER OATE DESCRIPTION

1. undated I.etter, victor stello, Jr., to The Honorable Lloyd Bentsen (1 page) 11/13/86 Same as above (1 page) concurrence copy g I

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, Re: FOIAo 86 - 885 APPENDIX D RECORDS PARTIALLY WITHHELD NUM8ER DATE DESCRIPTION 4 EXEMPTION -

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  • )* 10/24/86 Cover sheet attached - Released, with handwritten notes. (1 page) Withheld in pars 10/16/86 Pursuant to EDO Principal Correspondence Control sheet
  • EDO control No. 002249 (1 page)
  • Partially Withheld
  • Exemption (6) 10/16/86 Letter. f rom (named individual) to NRC, subject:

South Texas Nuclear Power Plant (2 pages) - Partially Withheld ** -

2* 10/30/86 Cover sheet, Routing and Transmittal $ lip copy of Same as above NRC form, Dale to Emerson (RIV) (1 page) - Released 10/27/86 RIV Routing slip (1 page)- Released.

i 10/16/86 ED0 Principal Correspondence Control sheet.

E00 control No. 002249 (I page) ~ Partially Withheld

  • 10/21/86 office of The Secretary Correspondence control ~

Ticket. Paper Number CRC-86-lll3 (1 page) - Released 10/16/86 Letter, (named individual) to NRC subject:

South Texas Nuclear Power Plant (2 pages) -

Partially Withheld **

3. 12/19/86 RIV Action Ites cover sheet No.85-632(1 page)-Released ame S as above EDO Principal Correspondence Control sheet, 100 control No. 002405 (1 pa8e) - Partially Withheld
  • 12/8/86 Letter, (named individual) to NRC, tando teck, subjects South Texas Nuclear Power Plant (3 pages)- Partially Withheld 0
    • Denial by SECY l

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Re: FOIA 885 __

APPENDIX D

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RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION

'l"' 10/24/86 Cover sheet with handwritten notes, (1 page) Withheld ir. part attached - Released 10/16/96 pursuant to EDO Principal Correspondence Control sheet.

EDO control No. 002249 (1 page)

  • Partially Withheld
  • Exemption (6) 10/16/85 Letter, f rom (named individual) to NRC, subject:

South Texas Nuclear Power Flant (2 pages) - Partially Withheld ** -

A 2, 10/30/86

. Cover sheet, Routing and Transmittal Slip copy of Same as above 10/27/86 NRC form Dale to Emerson (RIV)

' Rtv Routing slip (1 page)- Relea(sed 1 page) - Released 10/16/86 EDO Principal Correspondence Control sheet.

EDO control No. 002249 (1 page) - Partially Withheld

  • 10/21/86 of fice of The Secretary Correspondence Control Ticket. Paper Number CRC-86-1113 (1 page) - Released 10/1(/86 Letter, (naned individual) to NRC, subject:

South}'exasNuclearPowerPlant (2 pages) - Partially Withheld **

3. 12/19/86 RIV Action Ites cover sheet No.86-632(1 page)-Released ame S as above

, EDO Principal Correspondence Control sheet, 100 control No. 002405 (1 page) - Partially Withheld

  • 12/8/86 Letter, subject:(named individual) to NRC, Lando teck, South Texas Nuclear Power Plant (3 pages) - Partially Withheld **

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  • Denial by EDC.
    • Dental by SECY f

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Re: f01A _86 - 885  ;

APPEN0!X E RECORDS TOTALLY WITHHELD NUMBER DATE -

DESCRIPil0N ,

1. No date -Taped telephone conversation with named Withheld in entirety individual and NRC Region IV inspector pursuant to ,

(tape in envelope)

Exemption (7)(A)

2. '

Nc' date Draf t meno, from D. R. Carpenter. South Same as above Texas Project resident inspector. 50-498/499 e

to C.' L. Constable. Region IV office, subject: " Allegation 4-86-A-111" (10 pages)

3. No date Copies of photographs numbered I thru 19b (5 pages) Same as above f
4. 10/24/86 Allegation Data Input aheet. M. Emerson. Same as above e RIV 86-A-111 subject: alleged lack of P

accessibility (1 page)

5. 11/6/86 Allegation Review. 4-86-A-111. subject: Same as above alleged lack of safe accessibility (1 page)
6. 11/7/86 Handwritten note by (initiale) ME (1 page)' Same as above
7. 11/12/86 Transcript of telephone conversation Same as above between G. L. Constable and (named individual) (5 pages)
8. 11/6/86 Transcript of Deposition of Named Individual Same as above l

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'l Aus(in Amorican-Statesman December 18,1986 FREEDOM OF INFORMATION ACT REQUEST U.S. Nuclear Regulatory Commission Freedom of Information Act Office Fron 3-washington, D.C. 20555 QQ l jg g g

Dear Sirs:

This is a request under the Freedom of Information Act as amended (5 U.S.C. Sec. 552) on behalf of my news organization, the Austin American-Statesman.

We request a copy of the following:

1 --

Transcript of the deposition taken from Mr. John Corder of Brazoria, Texas, on November 6, 1986, in a meeting with Mr. Don Driskill, director of the Office of Investigations Field Office, in Arlington, Texas.

2 -- Reports and related documents from a meeting at the South Texas Nuclear Project, Bay City, Texas, between Mr. Corder and Mr.

Dan Carpenter on November 7, 1986.

As you know, the amended Act provides that if some parts of a file are exempt from release that " reasonably segregable" portions shall be provided. I therefore request that, if you determine that some portions of the requested information are exempt, you provide me immediately with a copy of the remainder of the information. I, of course, reserve my right to appeal any such decisions.

If you determine that some or all of the information is exempt from release, I would appreciate your advising me as to which exemp-tion you believe covers the material which you are not releasing.

My organization is prepared to pay reasonable costs for locating the requested file and reproducing it.

As you know, recent amendments to the Act permit you to reduce or waive the fees if it "is in the public interest because furnish-ing the information can be considered as primarily benefiting the public." Since the information is sought for publication in the Austin American-Statesman, I believe that this request plainly fits that category and ask you to waive any fees.

If you have any questions regarding this request, please tele-phone me at 512-445-3625.

As provided in the amended Act, I will expect to receive a reply within ten working days.

166 EAST RIVERSIDE, P. O. BOX 670, AUSTIN, TEXAS 78767,512-445-3500 2MWQ

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Freedom of Information Act Office -- Page Two Sincerely, o

John Harris Reporter-The Austin American-Statesman d

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