ML20211C926

Responds to FOIA Request.App D Document Available in Pdr.App E Document Withheld (Ref FOIA Exemption 5)

ML20211C926
Person / Time
Issue date:	02/12/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Aftergood S COMMITTEE TO BRIDGE THE GAP
References
FOIA-86-775 NUDOCS 8702200266
Download: ML20211C926 (4)

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U.S. NUCLEAR CE!ULATORY COMMISSl!N Nxc rosa uoutsi Nummasi y~e ~s Fort?-24-775 p.

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PART l.-RECORDS RELEASED OR NOT LOCATED (See checked baies)

No agency records subsect to the request have been located.

No additonal egency records subject tc the request have been located.

Agency records subject to the request that are identrhed in Appendia are already avaitaale for pubhc mapecten and copymg in the NRC Public Document Room, 1717 H Street, N W., Washmgton, DC.

Agency records subrect to the request that are identified m Appendia O

are bemg made available for public mspection and copyeg in the NRC Public Document

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foom,1717 H Street, N.W., Washmeton, DC, in a folder under the FOIA number and requester name.

The nonproprietary version of the proposallsi that you agreed to accept in a telephone conversation with a member of my staff is now being made avadable for pubhc inspection tnd coying at the NRC Public Docurnent Room,1717 H Street, N W, Washmgton, DC. in a folde' under this FOIA number and requester name.

Enclosed is information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N W., Washjngton. DC.

Agency records subject to the request are enclosed. Any apphcable charge for copies of the records provided and payment procedures are noted in the comments section.

Records subsect to the request have been referred to another Federal agencyGes) for review and direct response to you.

fn view of NRC's response to this request, no further action a bemg taken on appeal letter dated PART li. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam informaron in the requested records is being withheld from pubhc disclosure pursuant to the FO'A enemptions described in and for the reasons stated in Part li, sec-teons 8. C. and D. Any released portions of the documents for which only part of the record is being withheld are bemg made available for public inspection and copying in f

the NRC Pubhc Document Room.1717 H Street, N W., Washington. DC, e a folder under this FOIA number and requester name Comments 8702200266 870212 PDR FOIA AFTEROD86-775 PDR SIGNA ni piatcfon Division os putts AN ones

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FREEDOM OF INFORMATION ACT CESPONSE FOIA NUMBELSh DATE:

Pali il 8 - APPLICA'LE FOIA EXEMPTIONS E

Records subsect to the request that are descnbed in the enclosed Appendices e,e being witnheid in thei, entirety or in part under FOIA Esemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(bl and 10 CFR 9.5(a) of NRC Regulations.

1. The wthhold information is property classited pursuant to Enecutive Order 12356 (EXEMPTION 1)

2. The wthheld information relates solely to the mternal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The wthheld information is specifically enempted from public disclosure by statute indicated: (EXEMPTION 31 Section 141-145 of the Atomic Energy Act which prohibits the disclosure of Restreted Data or Formetty Restncted Data (42 U S C. 2161-2165L Secten 147 of the Atomic Energy Act which prohituts the discion.ure of Unclassified Safeguards Information (42 U.S C. 2167L

4. The withheld information is a trade secret or commercial or fmancial information that is being withheld for the reason (s) indicated: (EXEMPTION 41 The information is considered to be confidential business (propnetaryl information.

The information is considered to be proprietary informaticin pursuant to 10 CFR 2390(dH1).

The informaten was submitted and received m confidence from a foreign source pursuant tc 10 CFR 2 790idH2).

$. The wthheld informaten coesists of interagency or intraagency records that are not available through discovery durmg Migaten. Osclosure of predecisenal informaten would tend to inhitut the open and frank enchange of ideas essential to the deliberative process Where records are wthheid m their entirety, the facts are ineatocably X

intertwmed wth the predecisional mformation. There also are no reasonably segregable factuel portens because the release of the facts would permit an mdirect equiry mto the predeceenal process of the agency. (EXEMPTION 5) 6 The withheld information is exempted from public disclosure because its disclosure would result m a clearty unwarranted mvasen of personal privacy. IEXEMPTION 61

7. The withheld informaten consists of investigatory records e nmpded for laiv enforcement purposes and is bem3 w.thheld for the reason (s) indicated. (EXEMPTION 71 Deciosure would eterfere wth an enforcement proceeceg because it could reveal the scope, detecten, and focus of enforcement efforts and thus could poesitWy allow them to take action to shefd potential wrongdomg or a violaton of NRC requirements from mvestigators IEXEMPTION 7( AH Disclosure would constitute an unwarranted invasen of personal pnvacy IEXEMPTION 71CH The informaten consists of names of mdeduals and other mformaten the disclosure of which would reveal identities of confidential sources (EXEMPTION 7IDH PART 11 C-DENylNG OFFICIALS Pursuant to to CFR 9 9 and 'or 9.15 of the U.S Nuclear Regulatory Commission regulatens, et has been determined that the mformaten wthheld is enempt from production or disclosure.

and thct its producten or disclosure e contrary to the public interest The persons respons,ble for the denial are those officials identified below as denymg officials and the Director, Osveson of Rules and Records, Office of Administraten, for any deniais ttut may be appealed to the Executive Director for Operations stoot DENylNG OFFICIAL TITLE Of fiCE RECORDS DENIED APPELLATE OFFICIAL SECRETARY toO 44/ G. OMts WCEuon HMSS 6-/

X PART 11 D-APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Re that it is an " Appeal from an initial FOIA Decision.gulatory Commission, Washington, DC 20555, and should clearfy state on the envelope and in the lenc Foam aes teert a U.S. NUCLEAR REGULATORY COMMISSION

• es' FOIA RESPONSE CONTINUATION

Re:

F0IA-7/-77 5 APPENDIX [

RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER NUMBER DATE-DESCRIPTION

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RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION fd'flI S A Y /d(Q,$)UD

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COMMITTEE TO BRIDGE THE GAP 1637 BUTLER AVENUE =203 LOS ANGELES, CALIFORNIA 90025 (213) 478 0829 October 28, 1986 Director Division of Rules and Records FREI. DOM OF INFORMATION Office of Administration ACT REQUEST U.S. Nuclear Regulatory Commission Z4'8b778 Washington, D.C.

20555 M U /0-30~fb This is a request under the Freedom of Information Act.

(This is the third of three concurrent security-related FOIA requests.)

We would like to obtain a copy of all documents generated since January 1,1985 which consider the design basis threat and discuss proposed changes to it.

(The response to this request need not include documents previously released or encompassed by our earlier requests dated October 26 and October 27.)

We request a waiver of search and copying costs, pursuant to 10 CFR 9.14a, on the following grounds:

(1) The potential for sabotage at nuclear power plants is, for obvious reasons, the subject of considerable public interest and concern. The requested documents are of particular interest because the recent incident at Palo Verde and the possibility of truck bomb attacks on nuclear facilities suggest that an upgrade of security standards may be warranted.

(2) The requested documents will be used in out ongoing review of security-related matters, and will be analyzed and widely disseminated through our work, as similar documents have been in the past. Committee to Bridge the Gap members have testified on nuclear reactor security before the NRC's Advisory Committee on Reactor Safeguards, and have published papers on this subject in books and periodicals. We also routinely serve as a resource to the media and members of the public interested in security issues.

(3) No personal or organizational financial benefits will result from release of the requested materials, since they will be analyzed at CBG's expense and disseminated without charge.

(4) We believe that the increased scrutiny of nuclear reactor security problems, as made possible by release of the requested documents, will lead to an improvement in security at nuclear power plants. In particular, the requested documents will serve as a partial basis for a petition for rulemaking which is now being prepared.

We therefore request a waiver on search and copying costs.

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Thank you.

Sincerely, Steven Aftergood Executive Director c,

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