ML20210U588
| ML20210U588 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 09/30/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Garde B, Garede B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-86-84, FOIA-86-A-99 NUDOCS 8610100096 | |
| Download: ML20210U588 (2) | |
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E 3 0 MB6 Ms. Billie Pirner Garde Director, Environmental Whistleblower Clinic Government Accountability Project IN RESPONSE REFER 1555 Connecticut Avenue, NW, Suite 202 TO F01A-86-A-99 Washington, DC 20036 (F01A-86-84)
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 2,1986, which denied-in-part your Freedom of Information Act (FOIA) request for records developed subsequent to the issuance of the August 30, 1985, 0IA report about the T-shirt incident at the Comanche Peak plant.
Acting on your appeal, I have carefully reviewed the record in this case and have determined that the previously withheld information 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.
Your appeal is, therefore, denied.
Documents 1, 2 and 4 as listed on the enclosed appendix are undated, unsigned, annotated draft documents. Occument 3 as listed on the enclosed appendix contains the predecisional advice, opinions, and recommendations of members of the Enforcement Staff.
Exemption (5) shields from mandatory disclosure documents generated in the deliberative process that precedes most decisions of government agencies.
This is a final agency decision. 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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tN Vi or Stello, Jr.,j '
Executive Director for Operations
Enclosure:
As stated 861010o096 e60930 o
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FOIA-06 c9 l
Appendix 1.
. Undated copy of a February 19, 1986 memorenct.r tc Petert D. Martin, Regional Administrator, RIV; harold R. Denton, Director, Office of
. Nuclear Reactor Regulation; ano Guy H. Cunninghar.', III. Executive. Legal j
Director from Richard H. Vollmer, Deputy Director, Office of Inspection and Enforceraent;
Subject:
Enforcement Action Regarding. Harassment and Intimidation at Corraoche Peak with eticlosed draf t enforceinent action.
(25pcses) 2.
bndatea brdft hotice of Violation and Proposed Imposition of Civil Pena l ties. (3 pages) 3.
Undated chcrt listing Potential Cases of Harassment, Intimidation, and i
Discrimination at Comanche Feck Steam Electric Station (CPSES) (4 pages).
I 4.
Undated copy of a February 19, 1986, mernorancum to Robert D. Martin, Regional Administrator, RIV; Harold R. Denton,' Director, Office of hoclear Feactor Regulation; and Guy H. Cunningham, III,-Executive Legal Director from Richard H. Vollraer, Deputy Director, Office of Inspection and Entercement Action Regarding Harassment and Intimidation at Comanche Peak with enclosed draft enforcement action. (29 pages) t
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Jt)N 0 21986 Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project IN RESPONSE REFER 1555 Connecticut Avenue, NW, Suite 202 TO F01A-86-84 Washington, DC 20036
Dear Ms. Garde:
This is in further response to your letter dated February 10, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of all records developed subsequent to the issuance of the August 30, 1985, OIA report about the T-shirt incident at the Comanche Peak plant.
With the exception of one page identified at number four on the enclosed Appendix D, the records identified on Appendix D are being withhheld in their entirety.
The contents of these records and annotations thereon contain predecisional advice, opinions, and recommendations prepared by the staff during the deliberative process involving an enforcement action.
This information is being withheld from public disclciure of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) pursuant to Exemption 5 of the NRC's regulations.
The factual matter in the records is presented in the record EA 86-63, issued May 2,1986, which is publicly available at the PDR under accession number 8605060096.
Pursuant to 10 CFR 9.9 of the NRC's regulations, it has been determined that
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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 " Appeal from an Initial F0IA Decision."
This completes NRC's action on your request.
Sincerely, iz n" it^A 1
Donnie H. Grimsley, Director Divisiwi of Rules and Hecords Office of Adm nistration
Enclosure:
As stated g(ogfo
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i A-86-84 APPENDIX D
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Undated copy of a February 19, 1986 memorandum to Robert D. Martin, Regional
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Administrator, RIV; Harold R. Denton, Director, Office of Nuclear Reactor Regulation; and Guy H. Cunningham, III, Executive Legal Director from Richard H. Vollmer, Deputy Director, Office of Inspection and Enforcement;
Subject:
Enforcement Action Regarding Harassment and Intimidation at Comanche Peak with enclosed draft enforcement action.
(25 pages)
Note: The original and concurence ccpies (2 pages) of the undated memo are annotated duplicates of the memo identified at number 4 below.
2.
Undated Oraft Notice of Violation and Proposed Imposition of Civil Penalties.
(3 pages) 3.
Undated chart listing Potential Cases of Harassment, Intimidation, and Discrimination at Comanche Peak Steam Electric Station (CPSES) (4 pages).
4*
Undated copy of a February 19, 1986 memorandum to Robert D. Martin, Regional Administrator, RIV; Harold R. Denton, Director, Office of Nuclear Reactor Regulation; and Guy H. Cunningham, III, Executive Legal Director from Richard H. Vollmer, Deputy Director, Office of Inspection and Enforcement;
Subject:
Enforcement Action Regarding Harassment and Intimidation at Comanche Peak with enclosed draft enforcement action.
(29 pages)
Note:
The cover typing identification sheet is being disclosed and is being placed in PDR file F01 A-86-84.
The enclosures to this memo are duplicates of the enclosure identified at number 1 and the record identified at number 3 above. However, there are different annotations on the enclosure.
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GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Avenue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 February 10, 1986 FREEDOM OF INFORMATION ACT REQUEST gygg.
FEA %- F Y Director Office of Administration g
Nuclear Regulatory Commission S* / !"[bP Washington, D.C.
20555 To Whom It May Concern:
Pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. $552, the Government Accountability Project
(" GAP")
requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, 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, computer runoffs, any other data compilations, interim and/or final reports, status reports, and any and all other records developed subsequent to the issuance of the August 30, 1985, OIA report about the T-shirt incident including but not limited to any memoranda, comments, etc., submitted to OIA from Region IV, EDO, NRR, ELD, or any other branch of the NRC.
This request includes all agency records as defined in 10 C.F.R. }9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NRC official, " working", investigative or other files, or at any other location, including private residences.
If any records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, 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 to, generated in connection with, and/or issued in order to implement the action (s).
8404 0476
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' GAP requests that fees be waived, because " finding the 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 public outreach, the Project promotes whistleblowers as agents of government accountability.
Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the health and safety of their communities.
The Citizens Clinic is currently assisting several citizens groups, local governments and intervenors in Texas concerning the construction of the Comanche Peak nuclear power plant.
We are requesting the above information as part of an ongoing monitoring project on the adequacy of Region II and 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 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 relevant 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, O C ' '. b h g w Billie Pirner Garde Director Environmental Whistleblower Clinic
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