ML20209G840

Further Response to FOIA Request for Three Categories of Documents Re Facility.App G Documents Encl.Documents Also Available in Pdr.Portions of Items 1,2,4,5 & 6 in App G Withheld (Ref FOIA Exemptions 6 & 7)

ML20209G840
Person / Time
Site:	Waterford
Issue date:	09/10/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Bernabei L GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20209G843	List: ML20209G840 ML20209G853 ML20209G866 ML20209G872 ML20209G880 ML20209G883 ML20209G893 ML20209G907 ML20209G923
References
FOIA-85-123 NUDOCS 8509190710
Download: ML20209G840 (2)

Text

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[pany'o ~ UNITED STATES P' o NUCLEAR REGULATORY COMMISSION h

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/ O Ho SEP 101155 Ms. Lynne Bernabei Government Accountability Project 1555 Connecticut Avenue, NW Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-123

Dear Ms. Bernabei:

This is in further response to your letter dated February 19, 1985, in which you requested, pursuant to the Freedom of Infomation Act (FOIA), three categories of documents relating to the Waterford Steam Electric Station, Unit 3.

In response to Category 2 of your request, the documents identified on the enclosed Appendix G are now available for public inspection and copying at the NRC Public Document Room (PDR) in PDR file F01A-85-123 under your name.

Portions of items 1, 2, 4, 5, and 6 on Appendix G are being withheld from public disclosure pursuant to Exemptions (6) and (7)(C) of the FOIA (5 U.S.C.

552(b)(6) and (7)(C)) and 10 CFR 9.5(a)(6) and (7)(iii) of the Comission's regulations. These portions of these records are withheld because their release would cause a clearly unwarranted invasion of personal privacy.

Pursuant to 10 CFR 9.15 of the Connission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the denial of portions of the records listed on Appendix G is Mr. Ben B. Hayes, Director, Office of Investigations.

This denial may be appealed to the Secretary of the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Conunission, 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."

For your infomation, additional documents subject to this request have been addressed in NRC's response to a related request, FOIA-84-717, which is maintained in the PDR.

This completes NRC's action on your F0IA request.

Si erel J. M. Felton, Director Division of Rules and Records Office of Administration

Enclosure:

As stated 8509190710 850910

$hRNA 123 PDR

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Re: F01A-85-123 i

i APPENDIX G

! RECORDS IN PDR FILE F01A-85-123 j

1. Report of Inquiry, plus exhibits,12 pages 4

2. Investigation status record, 2 pages

3. Allegation data form, 1 page

4. NRC interoffice correspondence from R. Martin to R. Herr,.

I page 1

5. NRC interoffice correspondence frcm1 G. Constable to T. Westerman, 3 pages

6. Investigator's notes, 6 pages I

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i GOVERNMENT ACCOUNTABluTY PROJECT 1555 Connecticut Awnje, N.W., Suite 202 Washington. D.C. 20036 (202)2324550 February 19, 1985 FREEDOM OF INFORMATION ACT REQUEST fBEEDOM OF INFORMATION 3CI REQUEST Director b ~

Office of Administration U.S. Nuclear Regulatory Commission

, , %gg,,y Washington, D.C. 20555 To Whom It May Concern:

Pursuant to the Freedom of Information Act (FOIA) 5 U.S.C.

5 552, et seq., the Government Accountability Project (GAP),

requests copies of all agency records and information includ-ing but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, sum-maries, 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, and  ;

other data compilations on which or through which information is transmitted, interim and/or final reports, status reports, and all other records relevant to or generated in connection with the following:

(1) Any meetings, discussions or other briefings between or among the following offices of the NRC concerning the decision to grant a low-power license to the Waterford Steam Electric Station, Unit 3, which was issued on December 18, 1984: The Commissioners or their offices; the Office of General Counsel; the Office of Executive Legal Director; the Office of Inspec-tion and Enforcement; Revion V; the NRC Staff; the Office of Nuclear Reactor Regulation; the Office of Investigations; and the Office of Inspector and Auditor. This request includes all transcripts of briefings of the Commission and/or the Commissioners by NRC, the Waterford l Task Force, OI, Darrell Eisenhut or Dennis Crutchfield; l

(2) Supplemental Safety Evaluation Report No. 9, issued concerning Waterford 3 in the December, 4 11984-January, 1985 time period. This request I

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Page Two FOIA Request February 19, 1985 includes all documents which support or justify the conclusions found in the SSER 9; all documents discussing the impact of SSER 9 on the motions to reopen the record pending before the Atomic Safety and Licensing Appeal Board; and all input from witnesses or allegers, including but not limited to George Hill and his document review team.

(3) Any arrangements, agreements, contracts or other understandings between or among the Waterford Task Force, the NRC, NRR, Mr. Crutchfield, or OI, on the one hand, and any witness or alleger, on the other hand. This request includes but is not limited to copies of the contracts or agreements; documents related to any OIA investigation into the issue of retaining and paying witnesses; any briefing of the Commission on this matter; and any proposed or effected action taken as a result of discussion of the propriety of paying witnesses or allegers who make allegations to the NRC about potential safety problems at nuclear power plants.

If any records have been destroyed and/or removed, 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 date(s), individual, office and/or agency-wide policies and/or justification (s) for the action (s) , identification of all personnel involved with the action (s), and any and all records relevant to, generated in connection with, and/or issued in order to implement the action (s).

GAP requests that fees be waived, because " finding the informa-tion can be considered as primarily benefitting the general public." 5 U.S.C. S 552 (a) (4) (A) . The Government Accountability Project is a non-profit, nonpartisan public interest organization

, concerned with honest and open government. Through legal repre-

'contation, advice, national conferences, films, publications and public outreach, the Project promotes whistleblowers as agents of government accountability. GAP requests 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

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Page Three FOIA Request February 19, 1985 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 rele-vant 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 days.

Sincerely yours, ,

- A-L ne Bernabei General Counsel

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