ML20210M865

Responds to FOIA Request for Documents Re Enforcement Action 86-009.Forwards App a Documents.App B Document Available in Pdr.App C Documents Withheld (Ref FOIA Exemption 5)

ML20210M865
Person / Time
Site:	Comanche Peak
Issue date:	09/26/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20210M871	List: ML20210M865 ML20210M884
References
FOIA-86-386, FOIA-86-A-120 EA-86-009, EA-86-9, NUDOCS 8610060088
Download: ML20210M865 (5)

Text

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• 1. 4 UNITED STATES ,

'8  %' NUCLEAR REGULATORY COMMISSION

$ j WASHINGTON, D. C. 20555 j

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• SEP 2 61986 l

billie Pirner Garde, Esquire Government Accountability Project Midwest Office IN RESPONSE REFER 3424 Marcos Lane TO FOIA-86-386-AND Appleton, WI 54911 86-A-120

Dear Ms. Garde:

This is in response to your letter dated May 22, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), records regarding Enforcement Action 86-09 dated May.3, 1986, on the Comanche Peak nuclear power plant.

The four records described on the enclosed Appendix A are subject to your request and are already available for public inspection and copying at the NRC's Public Document Room (PDR) under the accession number ~ listed with each record.

The one record described on the enclosed Appendix B is now available for public inspection and copying at the PDR in file F01A-86-386 under your name.

The two records described on the enclosed Appendix C are withheld in their entirety pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Coitmission's regulations. These records contain drafts of the enforcement action and related correspondence the release of which would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. In addition, record number two on Appendix C is also withheld pursuant to Exemption (7)(A) of the F0IA (5 U.S.C. 552(b)(7)(A)) and 10 CFR 9.5(a)(7)(1) of the Commission's regulations. The release of this record would interfere with an ongoing enforcement proceeding.

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. James M. Taylor, Director, Office of Inspection and Enforcement.

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 "Appeel from an Initial F0IA Decision."

8610060088 860726 PDR FOIA CARDE86-A-120 PDR

. 1 i ,

l Ms. Garde .

In light of this response, we are taking no further action on your letter dated July 16, 1986, appealing our lack of response to your request.

Sincerely,

/AMad.-

Donnie H. Grimsley, Director Division of Rules and Records-Office of Administration

Enclosures:

As stated t

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3 T.

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FOIA'86-386 Documents in PDR

1. 3/27/86 Letter and Inspection Report, Dockets 50-445/86-04 Accession No.

and 50-446/86-03, E.H. Johnson, RIV, to Texas 8604040223 Utilities Generating Company (TUCCo), W.G. Counsil '

- 2. 3/28/86 Letter and Inspection Report, Docket 50-445/85-19, 8604040109 E.H. Johnson, RIV, to Texas Utilities Generating Cpapany TUGCo), W.G. Counsil

3. 4/28/86" Notification of Significant Enforcement Action, 8605080394 I&E, EN 86-27, Proposed Imposition of Civil Penalties - $250,000

4. 5/3/86 Letter and Notices of Violation and Proposed 8605060208 Imposition of Civil Penalties, Appendices A and B, Dockets 50-445/446, I&E to TUGCo, W.G. Counsil e

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b e FOIA 86-386 APPENDIX B Document for Release

1. 5/2/86 NRC/RIV News Release, subject: "NRC Staff Proposes

$370,000 Civil Penalties Against Texas Utilities Electric Company" (1 page)

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RE: F01A-86-386 l

l APPENDIX C Records Subject to F01A-86-386 Withheld in Entirety

1. 01/24/86 Ltr, with comments, fr D. Powers, RIV, to J. Axelrad, ISE, (2 pgs.); forwards draf t ltr. , Docket 50-445/85-19 (2 pgs.)

w Appendix A, Hotice of Violation and Proposed Imposition of Civil Penalty, (4 pgs.), Appendix B, Special Unit 1 Cable Tray Support "As-Built" Program Inspection Report, iiRC/RIV (14 pgs.),

undated -

- 2. 02/26/86 Memo to R. Martin, H..Denton,'and' i G. ' Cunr.'ingham' fr. ' R. Vollmer re: " Enforce- -

ment Action Re Technical Review Team Findings at Comanche Peak" (1 pg) with draft ltr to W. Counsil, TUEC, w Appendices A & B Notice of Violation and Proposed Imposition of Civil Penalty (31 pgs.)

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