ML20209B329

Responds to Appeal of FOIA Request.Addl Portions of Documents Listed in Apps P & O of 851107 Response Discretionarily Released

ML20209B329
Person / Time
Site:	Wolf Creek
Issue date:	01/23/1987
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Matt Young JONES, MACK, DELANEY & YOUNG (FORMERLY DELANEY &
Shared Package
ML20209B334	List: ML20209B329 ML20209B358 ML20209B405 ML20209B516
References
FOIA-85-101, FOIA-85-A-42 NUDOCS 8702040016
Download: ML20209B329 (1)

Text

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'o UNITED STATES NUCLEAR REGULATORY COMMISSION o

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OFFICE OF THE uCasTAny January 23, 1987 l

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Marya C. Young, Esq.

l Delaney & Young Suite 201 1555 Connecticut Avenue, ii.W.

Washington, D.C.

20036 Re:

FOIA-85-101; 85-A-42C

Dear Ms. Young:

Upon further review of withheld documents listed on Appendices O and P of the agency's tiovember 7, 1985 response to FOIA-85-101, the Commission has decided to discretionarily release additional portions of these documents.

j For your convenience, I have attached these documents.

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ncerely,

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a ue D hilk Secretat@ of the Commission i

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Enclosures:

l 1.

Nov. 7 letter and App. O & P 2.

Released documents I

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0702040016 870123 PDH FOIA YOUNoe5-101 PDR

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NOV 71985 Ps. Michele Yarricchin

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Mr. Thomas Devine Government Accountability Pro.iect 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO FOIA-85-101

Dear Ms. Varricchio and Mr. Devine:

6,1985, in i

This is the fourth partial response to your letter dated February (FOIA), six which you reouested, pursuant to the Freedom of infomation Act categnries of documents regarding the Wolf Creek Generating Station.

The docements listed on the enclosed Appendices F throuch 0 are responsive to your request. The documents are already in the NRC Public Document Room (PDR),

are being released in their entirety or in part, or are being withheld in their entirety, as noted on each appendix. The applicable FOIA exemptions for withheld infomation are noted next to the document descriptions on the appendices.

Copies of the documents released in whole or in part are being placed in the PDR. You may obtain access to these records by reauesting PDR folder FOIA 85-101 under your names. Documents already available for public in.

spection in the PDR may be obtained by referrina to the file Incation which is noted next to the descriptinn of each document.

Infomation withheld pursuant to Exemption (51 consists of predecisional analyses, opinions and reconnendations of members of the staff, the General Counsel and Comissioners. Release of this information would tend to inhibit the open and frank exchange of ideas essantial to the deliberative process.

There are no reasonably segregable factual portions of the documents identified on Appendix P.

This infomation is being withheld from public disclosurepursuanttoExemption(5)oftheF01A(5U.S.C.552(b)(5))and 10CFR9.5(a)(5)oftheCommission'sregulations.

Information withheld pursuant to Exemption (2) of the Government in the Sunshine Act (5 U.S.C. 552b(c)(2)) and 10 CFR 9.104(a)(2) of the Comission's regulations consists solely of internal personnel rules and practices of the agency.

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Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been detenmined that the information withheld is exempt from production or diselosure and that its production or disclosure is contrary to the public interest. The person responsible for the denial of a portion of the document listed on Appendix 0, the docunents numbered 2, 3, 5 and 6 on Appendix P, and the document listed on Appendix Q is Mr. John C. Hoyle, Assistant Secretary of the Comission. The person responsibleWtFdenlal of document number 1 on The Apperdix P, is Mr. Ben B. Hayes, Director, Office of Investigations.

person responsible-fordhe denial of document number 4 of Appendix P is Mr. James Adi,tzgrald, Assistant General Counsel.

This denial may be appealed to the Secretary of the Comission within 30 days fron the receipt of this letter. Any such appeal must,be in writing, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC, 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

Sincerely, 7 J,11, reWre' J. M. Felton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated O

a DISTRIBUTION DRR Rdg HSn'ith DRR Subj ECShomaker POR TCombs LLRobinson RBecker PGNorry JGross JBartlett MSweeney CPappas THajost RFortuna NBrown 4 Tsi.s pneut. Ouusswa DTC

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NAME :C as/ne

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11/ 7 /85

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DATE :ll/l /85

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OFFICIAL RECORD COPY r

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Re: F01A-85-101 (FourthResponse) i APPENDIX 0

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PORTIONS OF RECORD DELETED i

EXEMPTION l

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11/24/82 Memo from Chilk to Fitzgerald, 5

subject: Staff Requirements - Discussion i

of Office of Investigations Policy and Procedures (Cont'd),10:00 A.M., Monday l

November 8,1982, Comissioners' Conference l

l Room, D.C. Office (Closed--Exemption 2)

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Re: F0!A-85-101 (FourthResponse)

APPENDIX P

~ ~~iRECORDS DENIED IN ENTIRETY - EXEMPTION 5 l

1.

12/10/84 Memofrom Hayes to H.H.E. Plaine, subject: Reportability of i

'WrongdoingtoNRC(0-4-85001)(1page)

Memo from Hayes to Palladino and Cm rs., subject: Wolf Creek 2.

12/24/84 Generating Station - Character Issues Pertaining to Two Senior Managers (Q4-85-001)(3pages) 01/08/85 Memo from T. Roberts to Hayes, subject: Ol's December 24, 1984

~ ~ ' Request for Comission Guidance (04-85-001) (2 pages) 3.

Memo from Fitzgerald to Hayes, subject: Reportability of 4.

01/09/85 WrongdoingtoNRC(Q-4-85001)(4pages)

Memo from Hayes to Roberts, subject: Ol's December 24, 1984

' T67 01/15/85

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Request for Comission Guidance (Q4-85-001) (5 pages)

Pemo from Palladino to Hayes, subject: Your December 24,1984 6.

01/16/85 MemorandumRegardingWolfCreek(Q4-85-001)(1page) o..

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GOVERNMENT ACCOUNTADIUTY PROJECT 1555 Cor,wcticut Avenue. N.W Suite 202 (202)2324550 Woshington, D.C. 20036 February 6, 1985 gyta OF INFORMN Director gggg$1 office of Administration Suclear Regulatory Commission Washington, D.C.

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$44, To Whom It May Concern Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.

8552, the Government Accountability Project (GAP) requests copics of any and all agency records and information, ' ncludi rn; but rivt limited to notes, inter-offico memoranda, lotters, memoranda, drafts, minutos, diarios, logs, calendars, tapos, transcripts, summarios, interview reports, proceduros, instructions, engineering analysos, drawings, filos, graphs, maps, photographs, agroomonts, handwritten notos, studios, data sheets, notobooks, tolophono messagos, books, computations, voico recordings, computer run-offs, representative records, interim and/or final reports, status reports, and any and all other records rolovant to and/or generated in connection with the Wolf Crook Gonorating Station STN-50-482 in the following areas:

Institute of tiuclear Power Operations 1983 (ItiPO) Report on Wolf Crock.

This report,roferred to in an October 9, 1981 Ictter from Darrel G. Eisenhut, Director of the Office of tiucicar Reactor Regulation, to Micholo Varricchio of the Government Accountability Project, was roccived on the Wolf Crook site by tiRC Of fice of Inspection and Enforcement and !!RC Region IV representativos, Investigations conducted during construction and licensing of the Wolf Crook Gonorating Station by the t1RC Office of Investigations, URC mooting of January 15, 1905 with Kansas Gas and Electric to discuss the operational readinoss of Wolf Crook and a February 6,1985 mooting hold for the samo purposo, NRC mooting hold in Bothonda Maryland on November 28, 1984 to discuss the status of complation and fut;ro schedulo for licensing of Wolf Crook, f7"W app y

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.o Director ~

Page two difice of Administration February 6, 1985 NRC investigations and inspections regarding the allegations of James Wells, employee at Wolf Creek.

NRC Rogion IV meeting October 29, 1984, Enforcement Conference If any records as defined in 10 CFR E9.3(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, please provide all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, gonorated in connection with, and/or issued in order to implement the action (s).

GAP requests that fees be waived, because providing the requested 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 legal representation, advice, national conferences, films, publications, and public outreach, GAP promotos whistle-blowers as agents of governmental accountability.

GAP is currently working with citizons groups in the Kansas area concerning the Wolf Creek Generating Station.

For any documents or portions of documents that you deny access to, please provide an index, as required by Vaughn v. Rosen, 484 F.2d 820 (D.C.ci r. 19 7 3 ), cort. doniod, 415 U.S. 977 (1977),

itemizing and describing the documents or portions of documents withhold, and providing a detailed justification of your grounds for claiming each exemption.

Thank you for your prompt response to this request.

We look forward to such a response within ten days.

Sinc (rgly, WL MA Michele Varricchio Law Clerk e-Thomas Devine Legal Director I

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