ML20209G976

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Denies 860626 Appeal of FOIA Request for Documents Re Insp Repts 50-445/84-32 & 50-446/84-11.Four of Five Documents Listed on Encl App Withheld (Ref FOIA Exemption 5)
ML20209G976
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 09/09/1986
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-86-214, FOIA-86-A-102 NUDOCS 8609150123
Download: ML20209G976 (3)
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See also: IR 05000445/1984032

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Ms. Billie Pirner Garde, Director

Environmental Whistleblower Clinic

Government Accountability Project IN RESPONSE REFER

1555 Connecticut Avenue, NW, Suite 202 TO F01A-86-A-102

Washington, DC 20036 (F01A-86-214)

Dear Ms. Garde:

This is in response to your letter dated June 26, 1986, in which you appealed

Mr. Donnie H. Grimsley's letter dated June 3,1986, which denied-in-part your

Freedom of Information Act (F0IA) request for documents related to Inspection

Report numbers 50-445/84-32 and 50-446/84-11 regarding the Comanche Peak plant.

Acting on your appeal, I have carefully reviewed the record in this case and

have determined that the previously withheld documents will continue to be

withheld pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR

9.5(a)(5) of the Commission's regulations. Your appeal, therefore, is denied.

While reviewing the records subject to this appeal, it was noted that

several of the withheld records consist of an underlying draft record and a

one, two, or three-page cover for the draft, which are routing and distribution

forms and typing cover pages. The forms could be separated from the underlying

drafts, but they will not materially respond to your request and some of the

forms themselves are dated while the underlying drafts are not. Accordingly,

we have identified these forms on the appendix but will continue to treat the

draft and forms as one record.

Document one listed on the enclosed appendix contains the preliminary advice,

opinions, and recommendations of several consultants who assisted in the

preparation of the inspection report. Documents two through five listed on

the enclosed appendix are drafts of the inspection report, notice of violation,

and letters to the licensee. These doc'uments contain the preliminary advice,

opinions and recommendations of the Region IV staff. These documents are

clearly predecisional because they were prepared prior to and in the course

of reaching a final agency decision. Exemption (5) shields from mandatory

disclosure documents generated in the deliberative process that precedes most

decisions of government agencies and was intended to permit the agency's

withholding of such information to preserve the free and candid internal

dialogue necessary for the careful formulation of agency decisions.

8609150123 860909

PDR FOIA

GARDE 86-A-102 PDR

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Ms. Garde -2-

This is a final agency action. As set forth in the F01A-(5 U.S.C.

552(a)(4)(B)), judical review of this decision is available in a district

court of the United States in the district in which you reside, have your

principal place of business, or in the District of Columbia.

Sincerely, 4

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/r or Stello,

xecutive Director for Operations

Enclosure: As stated

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F0IA: 86-A-102

APPENDIX

1. 8/30/84 EG&G consultants handwritten input on inspection report

(36 pages)

2. Undated Draft letter to licensee, notice of violation, and inspection

report (52 pages)

3. Undated Cover form and draft letters to licensee, notice of violation,

and inspection report (39 pages)

4. Undated Cover form, distribution list, and draft letters to licensee,

notice of violation, and inspection report (30 pages)

6. Undated Cover form, distribution list, and draft letters to licensee,

notice of violation, and inspection report (28 pages)

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-GOVERNMENT ACCOUNTABlu1Y PROJECT

1555 Connecticut Avenue, N.W., Suite 202

Washington, D.C. 20036 (202)232-8550

March 24, 1986

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Mr. Donnie H. Grimsley, Director [O7g_f4 gjg

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Division of Rules and Records

Office of Administration h /g g_ g g

U.S. Nuclear Regulatory Commission

Washington, D.C. 20555

Re: FOIA 85-151,86-182

Dear Mr. Grimsley:

In light of the NRC's treatment of our March 6, 1986 appeal

of FOIA 85-151 as untimely, we request that you not only

reconsider the release of all documents specifically denied under

your initial response, but also treat 86-182 as an entirely new

request for the time period of March 6, 1986 to the present.

As you know, the FOIA does not specify how many days a

requestor is allowed in which to file an appeal of initial agency

denials.

We look forward to your response to this request within ten

days.

Sincerely,

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Billie P. Garde

BPG:43428

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Ms. Billie Pirner Garde

Director, Environmental Whistleblower Clinic

Government Accountability Project IN RESPONSE REFER

1555 Connecticut Avenue, NW, Suite 202 TO F01A-86-214 AND

Washington, DC 20036

86-A-82 (F01A-86-214)

Dear Ms. Garde:

This is in response to your letter dated March 24, 1986, which we processed

as a Freedom of Information Act (F0IA) request for all records to March 25,

1986, the date we received your letter, related to Inspection Report numbers

50-445/84-32 and 50-446/84-11 regarding the Comanche Peak plant.

The records identified on the enclosed Appendix A are being made available

for public inspection and copying at the NRC Public Document Room (PDR),

1717 H Street, NW, Washington, DC 20555. The records will be filed in PDR

folder F01A-86-214 under your name.

The records identified on the enclosed Appendix B consist of predecisional

advice, opinions, and recommendations regarding the subject inspection

findings and are being withheld in their entirety pursuant to Exemption (5)

of the F0IA

NRC's (5 U.S.C. 552(b)(5)) of the F0IA and 10 CFR 9.5(a)(5) of the

regulations.

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= Pursuant to 10 CFR 9.9 of the Commission'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

persons responsible for this denial are the undersigned and Mr. Robert D.

Martin, Regional Administrator, Region IV.

This denial may be appealed to the Executive Director for Operations within

j 30 days from the receipt of this letter. Any such appeal must be in writing,

'

addressed to the Executive Director for Operations, U. S. Nuclear Regulatory

Commission, Washington, DC 20555, and should clearly state on the envelope

and in the letter that it is an " Appeal from an Initial F0IA Decision."

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'Ms. Billie Garde

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This completes action on your F0IA request. Therefore, we are taking no

action on your letter dated May 15, 1986, appealing our lack of response to-

your request.

Sincerely,

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Donnie H. Grimsley, Director

Division of Rules and Records

Office of Administration

Enclosures: As stated

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Re: F0IA-86-214

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APPENDIX A

1. 12/6/85 CPSES FSAR Change Rept, Ref 1A(B), pg 59 (1.page)

2. 11/8/85 TUGCo office memo, D.R. Woodlan, FSAR Change Request

(1 page)

3. 11/25/85 TUGCo office memo to file, CPSES FSAR Change Request

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Status (1 page)

Attached,

Request for additional information, CPSES-FSAR Amend-

ment 54 and 55 (1 page)

4. 9/30/85 Memo, Vincent Noonan to W.G. Counsil, TUGCO, Request

for Additional Information Pertaining to Comanche

Peak FSAR Amendment 54 and 55, Chapter 17 (1 page)

Attached,

5. 8/27/84 CPSES/FSAR Page 1A(B)-59 (1 page)

6. 12/5/84 CPSES FSAR Change Request 62-FSR-003, IA(B) (1 page)

Attached,

7. 1/21/85 CPSES/FSAR 1A(B)-59 (1 pg)

s 8 12/3/85 Letter, W.G. Counsil. TUGCo, to V. Noonan, subject:

CPSES Final Safety Analysis Report, Chapter 17 (1 page)

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Re: F01A-86-214

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APPENDIX B

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1. - 8/30/84 Bert Freed to H.S. Phillips, EG&G consultant assist

inspection report input (36 handwritten pages)

Ref: 85-151,86-182

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Undated Typed draft inspection report, H.S. Phillips to

D. Hunnicutt, 50-445/84-32; 50-446/84-11 (52 pgs)

Ref: 85-151,86-182

3. Undated Draft inspection report (computer typed) 50-445/84-32

50-446/84-11 (39 pgs)

Ref: 85-151,86-182

4. Undated Draft inspection report, S Phillips (ref, B5 of .

FOIA 85-151) (30 pgs)

5. Undated Draft inspection report, S Phillips, (ref, B/6 of

FOIA 85-151) (28 pgs)

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