ML20211D300
| ML20211D300 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 10/09/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Garde B ENVIRONMENTAL WHISTLEBLOWER CLINIC, GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-86-179, FOIA-86-A-157 ), NUDOCS 8610220160 | |
| Download: ML20211D300 (2) | |
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WASHINGTON, D. C. 20555 e
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,O',e OCT 9 1986 Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project _
IN RESPONSE REFER 1555 Connecticut Avenue, NW, Suite 202 T0-86-A-157-Washington, DC 20036 (F01A-86-179)
Dear Ms. Garde:
This is in response to your letter dated August 25, 1986, in which you appealed Mr. Grimsley's letter dated July 7,1986, which partially denied your Freedom of Informaticn Act (F01A) request for records concerning the meeting between TUECO officials and the NRC staff regarding the investigations concerning illegal use of drugs at the Comanche Peak plant.
You specifically appealed the denial of the draft letter to Texas Utilities Electric Company with the draft attachments.
Acting on your appeal, I have carefully reviewed the record in this case and have determined that the previously withheld record, a more detailed description of which is included on the enclosed appendix, will continue to be withheld from public disclosure rursuant 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. Therefore, your appeal is denied.
This document is a draft which is clearly predecisional because it was prepared prior to and in the course of reaching a final agency decision. As such, this draft does not reflect a final agency position.
Exemption (5) was intended to permit the agency's withholding of such documents to preserve the free and candid internal dialogue necessary for the careful formulation of a.gency decisions.
i This is a final agency action. 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 w'ich you reside, have your principal phce of business, n
or in the District of Columbia.
Sincerely, 70
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w,f re Vidtoi Stello, Qr/
Executive Director for Operations
Enclosure:
As stated 8610220160 861009 PDR FOIA GARDE 86-A-157 PDR
i Re: 86-A-157 (F01A-86-179)
'APPEI4 DIX 1.
Undated Draft Letter from Bangart to Spence, Texas Utilities Electric Company (2 pages) w/ attachments:
a.
Draf t Appendix A - Notice of Violation (4 pages) b.
Draft Appendix'B - NRC Inspection Report 50-445/84-22 and 50-446/84-07 (19 pages) c.
Draft Letter from Bangart to Spence (subject copy)
(2 pages)
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION iv ASW NG TON, D. C. 20555
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'NN. 7 1986 Ns. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F0lA-86-179
Dear Ms. Garde:
This is in response to your letter dated March 6,1986, which we treated as a request, pursuant to the Freedom of Information Act (F0IA),'for the document denied in Mr. Felton's September 17, 1984, letter to you and any additional documents concerning the June 29, 1984, meeting between TUECO officials and the NRC staff regarding the investigations concerning illegal use of drugs at the Comanche Peak plant.
The documents listed on the enclosed Appendix A are being placed in the NRC Public Document Room (PDR),1717 H Street, NW, Washington, DC. The documents listed on the enclosed Appendix B are already available in the PDR. These documents came into th2 possession of Region IV employees subsequent to the processing of F01A-84-677.
The document denied in NRC's response to F01A-84-677 and listed on the enclosed Appendix C has been re-reviewed.
This document is being 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 Comission's regulations. This document is a draft which is clearly predecisional because it was prepared prior to and in the course of reaching a final agency decision. As such, this draft does not reflect a final agency position.
Exemption (5) was intended to permit the agency's withholding of such documents to preserve the free and candid internal dialogue necessary for the careful formulation of agency decisions. Segregation and disclosure of the factual information contained in this document would reveal the staff's evaluation of which facts were important.
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. Robert Martin, Regional Administrator, Region IV.
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Ms. Garde.
Inis denial may be appealed to the Comission's Executive Director for 0perations 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 F01A Decision."
This completes action on your request.
Sincerely,
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c Donnie H. Grimsley, Director Division of Rules and Records Office of Adminstration
Enclosures:
As stated I
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F01A-86-179 Appendix A 1.
12/1/82 Utilities Nuclear Security Division, Policy regarding Employee Illicit Drug Use (1 page) 2.
4/26/83 Memorandum, Paul S. Check to Richard C. DeYoung, sub:
" Reports of Discussions with Texas Utilities Generating Company (TUGCo) on Drug and Alcohol Abuse".(1 page) attached, Discussions with Texas Utilities Generating Company (TUGCo) Company policy on drug and alcohol abuse (26 pages) 3.
4/4/84 TUGCo office memorandum to John Rumsey, subject:
"Screei.Y.19 Program Review" (1 page) attached, Nuclear Contri ;or Personnel Screening, Audit Guide (1 page) 4.
4/5/84 TUGCo office memorandum to John Rumsey, subject:
" Screening Program Revew" (1 page) attached, Nuclear Contractor Personnel Screening, Audit Guide (1 page) 5.
8/6/84 TUGCo office memorandum to John Rumsey, subject:
" Screening Program Review" (1 page) attached, Nuclear Contractor Personnel Screening, Audit Guide (1 page) 6.
8/14/84 TUGCo office memorandum to John Rumsey, subject:
" Screening Program Review" (1 page) attached, Nuclear Contractor Personnel Screening, Audit Guide (1 page) 7.
9/ 17/84 Letter, Harry L. Conklin, Brown & Root, Inc. to James Kelly enclosing form of basic satety rules for Job #35-1195 (2 pages) 8.
Undated Contractor /sub-contractor Access Agreement Procedure Policy for Meeting 10 CFR 73.55 Security Requirements for Persons Requiring Unescorted Access to Vital and Protected Areas of Comanche Peak Steam Electric Station Indicated on Purchase Order or Contract (6 pages) attached,
- Request for Unescorted Access Form A (1page)
- Request for Unescorted Access Form B (1 page)
- Comanche Peak Steam Electric Station Administration Manual, Processing of Personnel No. STA-906 (8 pages)
- Personnel Screening Program, Procedure No. STA-901, Revision-No. 2 (4 pages) 9.
10/25/82 Inspection and Enforcement Manual, Temporary Instruction 2596/1, Licensee Drug and Alcohol Programs (11 pages)
- 10. Undated Brown & Root, Inc., Medical Examination Record Form (2 pages)
Central Medical 'aboratory, Inc., Laboratory Drug Screen Form
- 11. Undated L
- 4 (1 page)
- 12. Undated Texas Utilities Generating Company Application for Employment Form (2 pages)
.Page 2
- 13. Undated Title 10, Energy, 72.91, Chapter 1, Subpart I. Training and Certfication of ISFSI Personnel (2 pages)
~ 9/17/84 Draft 1, SSER, Allegatiot. Group: Miscellaneous No. 18 14.
(5 pages)
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't F0!A-86-179 Appendix B 1.
NUREG-0703 Potential Threat to Licensed Nuclear Activities from Insiders (Insider Study) 2.
NUREG-0903 Survey of Industry and Government Programs to Combat Drug and Alcohol Abuse 3.
NUREG/CR-2297 Security Management Techniques and Evaluation Checklists ASA No. 635 for S2curity Force Effectiveness RS, 15 4.
NUREG/CR-2075 Standards for Psychological Assessment of Nuclear Facility Personnel 5.
NUREG/CR-2076 Behavorial Reliability Program for the Nuclear Industry i
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F01Ak86-179 Appendix C 1.
Undated
-Draft letter to Texas Utilities Electric Company from 1
i-R.L.'Bangart with attached Draft Inspection Report No.
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50-445/84-22, 50-446/84-07 a
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GdVERNMENT ACCOUNTADILITY PROJECT 1555 Connecticut Avenue, N.W.. Suite 202 Woshington, D.C. 20036 (202)232-8550 1
March 6, 1986-Victor Stello FREEDOM OF INFORMATt0M Executive Director for Operations
- ~ LST U.S.
Nuclear Regulatory Commission
{OM-8h Y7f Washington, D.C.
20555
% 'd.3-u-n APPEAL OF FOIA # 84-677
Dear Mr. Stelle:
This is an appeal, pursuant to subsection (a) (6) of the Freedom of Information Act as amended (5 U.S.C.
552), of the actual and effective denial of the Commission of access to records requested by the Government Accountability Project (GAP) regarding the Comanche Peak nuclear power plant.
On August 7, 1984 GAP requested documents related to a June 29, 1984 meeting Letween TUEC officials and the NRC regarding an investigation into illegal use of drugs at Comanche Peak.
By lett r dated September 17, 1984, J.M. Felton, Director of the Division of Rules and Records, advised us of one document, a draft letter with attached draft Inspection Report ~, which was being denied in its entirety pursuant to FOIA Exemption 5, and of fered no further justification.
This information was denied by Mr. John Collins.
By lotter dated October 10, 1985, Mr. Felton advised that the search had been completed and no additional documents had been located.
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.
Additionally, we strongly believe the Commission possesses additional documents regarding the above-referenced matter and request that another search be performed to locate those documents.
At a minimum, we request that you provide information concerning the adequacy of the initial search, listing all steps taken by your agency to locate the requested materials.
We expect your response within 20 days of your receipt of this appeal so.that we can determine whether to pursue this matter in court.
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Thank you for your attention to this appeal.
Sincerely,
\\A Billie Pirner Garde Director, Environmental Whistleblower Clinic l
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