ML20210G653
| ML20210G653 | |
| Person / Time | |
|---|---|
| Issue date: | 09/22/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-86-182, FOIA-86-A-154 NUDOCS 8609250447 | |
| Download: ML20210G653 (1) | |
Text
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1 UNITED STATES E
NUCLEAR REGULATORY COMMISSION o
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ffp f f g Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project IN RESPONSE REFER 1555 Connecticut Avenue, NW, Suite 202 TO F01A-86-A-154 Washington, DC 20036 (F01A-86-182)
De'ar Ms. Garde:
This is in reply to your letter dated August 25, 1986, in which you appealed Mr. Donnie H. Grimsley's letter dated August 7, 1986. That letter denied six records subject to F01A-86-182.
For your information, these same records were denied in Mr. Grimsley's letter to you dated June 3, 1986, in response to F0IA-86-214. On June 26, 1986, you appealed the denial of the records and your appeal was designated as F01A-86-A-102. On September 9, 1986, I responded to F01A-86-A-102 and continued to deny these records.
This is a final agency action on your letter dated August 25, 1986. As set forth in the F0IA (5 U.S.C. 552(a)(4)(B)), judicial 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,
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,,. aa-Victor Stello,,Jr.
Executive Director for Operations l
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Ms. Billie Pirner Garde Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-86-182
Dear Ms. Garde:
This is in regard to your letter dated March 6, 1986, which we treated as a request, pursuant to the Freedom of Information Act (FOIA), for copies of the six records denied by NRC's letter dated June 27, 1985, responding to your request F01A-85-151 for all records regarding inspection report 50-445/84-32 and 50-446/84-11.
The staff has completed its review of the six denied records subject to F01A-85-151 and has determined that these six records, identified on the enclosed appendix, will continue to be withheld from public disclosure 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.
These six documents (a draft letter to Texas Utilities Electric Company, four drafts of inspection report 50-445/84-32 and 50-446/84-11, and input to this draft inspection report by an EG&G consultant) are withheld in their entirety because they are predecisional, working drafts of the staff of the Region IV office.
Release of these records could inhibit the frank and candid exchange of information in the deliberative process.
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 denial of the information are the undersigned and Mr. Robert D. Martin, Regional Administrator, Region IV.
This denial may be appealed to the NRC's Executive Director for Operations within 30 days from.the receipt of this letter. As provided in 10 CFR 9.11, 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."
Sincerely,
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Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosure:
As stated
O APPENDIX WITHHELD DOCUMENTS SUBJECT TO FOIA-86-182 I.
08/30/84 Handwritten document by Bert Freed, INEL, entitled "EG&G Input" (36 pages).
2.
Undated-Draft inspection reports 50-445/84-32 and 50-446/84-11 (52 pages).
3.
Undated Draft inspection reports (computed typed) 50-446/84-32 and 50-446/84-11 (39 pages).
4.
Undated Draf t letter _ to M. D. Spence, TUGCO, from Dorwin R. Hunter, Region IV, regarding TUGC0 letter of 03/11/85 in response to NRC letter and Notice of Violation dated 02/15/85 (1 page).
Draft inspection reports 50-445/84-32 and 50-446/84-11 5.
Undated (29 pages).
6.
Undated Draft inspection reports 50-445/84-32 and 50-446/84-11
-(28 pages).
GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Avenue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 March 6, 1986 Victor Stello Executive Director for Operations emD v Of RdUMMATION U.S.
Nuclear Regulatory Commission
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20555 p' o r p -/ 4 - A 2 APPEAL OF FOIA # 85-151 E
Dear Mr. Stello:
This letter is an appeal, pursuant to subsection (a) (6) of the Freedom of Information Act as amended (5 U.S.C.
552), of the actual denial of the Commission to release documents requested by the Government Accountability Project (GAP) regarding the Comanche Peak nuclear power plant.
On March 6, 1985, GAP requested documents relating to IE Report 50-445/84-32, 50-446/84-11.
By letter dated June 27,
- 1985, J.M.
Felton, Director of the Division of Rules and Records, informed us of 102 documents being released to the PDR for our inspection and copying.
That letter also advised that 6 documents, mostly drafts of the inspection report, were being withheld in their entirety pursuant to FOIA Exemption 5 because they were predecisional, working drafts.
This information was denied by Mr. Felton, Mr. Robert Martin and Mr. Harold Denton.
We believe we are entitled to access to the denied documents.
At a minimum there should be reasonably segregable portions of the withheld documents which are releasable.
We expect your response to this appeal within 20 working days of your receipt so that we can determine whether to pursue this matter in court.
Thank you for your attention to this appeal.
Sincere
\\W Billie Pirner Garde p[D Director, Environmental
((PCT f Whistleblower Clinic i