ML20211C588

Responds to FOIA Request for Info Re Investigation Rept of Individual Operator Actions on Falsification of Leak Rate Test Data at Tmi.Forwards App a Record.App Record Completely Withheld (Ref FOIA Exemption 5)

ML20211C588
Person / Time
Site:	Three Mile Island
Issue date:	10/15/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Voigt H LEBOEUF, LAMB, LEIBY & MACRAE
References
FOIA-86-682 NUDOCS 8610210429
Download: ML20211C588 (2)

Text

5 PD&olk, 7 "*%,$

+ ' UNITED STATES NUCLEAR REGULATORY COMMISSION y -,j WASHINGTON, D. C. 20555 e

OCT 151886 Harry H. Voigt, Esquire LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Avenue, NW IN RESPONSE REFER Washington, DC 20036 TO F0IA-86-682

Dear Mr. Voigt:

This is in partial response to your letter dated September 12, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), two categories of records relating to a memorandum to the Comissioners from Mr. Ben B. Hayes dated April 11, 1986, regarding the Report of Investigation of Individual Operator Actions Concerning the Falsification of Leak Rate Test Data at the Three Mile Island plant.

The record identified on enclosed Appendix A is being withheld pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Comission's regulations. This record is a two-page memorandum to the Director, Office of Investigations, from James A. Fitzgerald, Office of the General Counsel. Release.of this predecisional record would violate the attorney-client privilege and would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The withheld record does not contain any reasonably segregable factual portions and is being withheld in its enti rety.

Pursuant to 10 CFR 9.15 of the Comission'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 this denial is Mr. James A. Fitzgerald, Assistant General Counsel for Adjudications and Opinions.

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 Comission, 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 F0IA Decision."

The review of additional records subject to your request is continuing. As soon as our review is completed, we will notify you.

Sincerely, Q $ N Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated 8610210429 861015 PDR FOIA VOIGT86-682 PDR

4 4

Re: F01A-86-682 APPENDIX A 3/26/86 Memorandum for Ben B. Hayes from James A. Fitzgerald, subject:

Consultation on Referral to the Department of Justice (Case No.

1-84-022) Three Mile Island-2: Investigation of Individual Operator Actions Concerning the Falsification of Leak Rate Data.

(2 pages) 1 I

i