ML20211G541

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Final Response to FOIA Requests for Documents Re Allegation 4-86-A-019.Forwards Apps B & C Documents.App C Documents Fully & Partially Withheld (Ref FOIA Exemptions 6 & 7). Documents Also Available in PDR
ML20211G541
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 02/20/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Bauman L
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20211G546 List:
References
FOIA-86-726 NUDOCS 8702250425
Download: ML20211G541 (4)


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INFORMATION ACT (FOlA) REQUEST O FD 2 0 387 T g DOCKET huMetRs$> ur apeaceaes REQUtsitR g g

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PART l.-RECORDS RELEASED OR NOT LOCATED (See checaed bones)

No egency records subtect to the request have been located.

No addstenal egency records subtect to the request have been located.

Agency records subgt to the request that are identified in Apperds are already available for public inspection and copymg in the NRC Public Document Room, 1717 H Street, N W., Washington. DC.

X Agency records subrect to the request that are identifed in Appendia b are bemg made avadable for public inspecten and copymg in the NRC Public Document Room,1717 H Street. N W . Washengton, DC, in a folder under the FOIA nuinber and requester name.

The nonpropnetary version of the proposa4sl that you agreed to accept m a telephone conversaten with a member of my staff is now being made avadable for public 6nspection and coymg at the NRC Public Document Room,1717 H Street, N W . Washington, DC. m a folder under the FotA number and requester riame.

Encioned is aformaten on how you may obtain access to and the charges for copymg records placed m the NRC Public Document Room,1717 H Street, N W., Washington, DC.

Agency records subiect to the requent are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted m the comments section.

Records subpect to the request have been referred to another Federal agencybes! for review and direct response to you.

in view of NRC e response to this request, no further accon a being taken on appealletter dated PART 11 A-INFORMATION WITHHELD FROM PU8LIC DISCLOSURE Certain nons a.mformaten m the requwed records e beng withhesd from public disclosure pursuant to tee Foi A esemptons desenbod in and for the reesono state X C and D. Any reieased porvons of the documents to, ww.ch ontv part of the record a bemg witaheid are bemg made eveilabie for public inspection end copyeg a the NRC Pube.c Document Room, m7 H street N W , Washington. DC. m a folder under this FOIA number and requester name i Comenents

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t, ATE P0 W PA 4T 84 8- APPLICABLE FOIA EXEMPTION 5 '

Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under F01A Esemptions and for the reasons set forth below pursuant to 5 U.S.C. 5521b) and to CFR 9.5(a) of NRC Regulations.

1. The wth5e&d mformation a property classifed pursuant to Enocutive Order 12356 IEXEMPTION 11
2. The withheld mformanon relates sodery to the anternal personnel rules and procedures of NRC. (EXEVPTION 21 3 The wthheld informa00n a specifically esempted from public disclosure by stature mecated. IEXEMPTION 3)

Secten 141135 of the Atomic Energy Act which prohibits the declosure of Restncted Data or Formerty Restncted Data 142 U S.C. 2161-2166L Section 147 of the Atomic Energy Act which prohibits the esclosure of Unclass fed Safeguards information 142 U S C 2167).

4. The wthheed information e a trade secret or commercial or fmancial information that a being withheid for the reason (s) indicated: IEXEMPTION 4)

The information es considered to be conficer'tial buseness (propretaryl information.

The information e considered to be proprietary mformation pursuant to 10 CFR 2.730id?(1).

The information was submitted and receeved in confidence from a fore.gn source pursuant to 10 CFR 2.790tdM2).

$ The withhe6d informaten corsists of eteragency or etraagency records that are not avalable through escovery durmg litigation. Declosure of predecisional mformation would tend to inhibit the open and fiank enchange of nieas essential to the deliberative tirocess Where records are withheid in their entirety, the facts are inentncably intertened wth into the {e edecisenas eformaten. There sino are no reasonabt segregable f (wel sows because the reisese of the facts would permet an inetect mquiry t predecisenes process of the agency IEXEMPflON 6 The wthhead informanon is esempted from put$c disclosure because its esclosure would resuit in a clearty unwarranted invasion of personal pnvacy. (EXEMPTION 61

7. The withheld infu tion consists of investigatory records compded for law enforcement purposes and is bemg wthbeid for the reasonist mecated (EXEMPTION 7)

Orsclosure would interfere wth an enforcement proceeeng because it could reveal the scope. erecten, and focus of enforcement efforts and thus could posseDfy allow them to take acten to shield potent as wrongdomg or a violation of NRC requirements from evestigators. (EXEMPTION 7(AH Declosure would conshtute an unwerranted invasaon of persoeal pr6vecy (EXEMPTION 7tCH The information consste of names of individuale and other information the d sclosure of whech would reveal identices of confidented sources IEXEMPTION 710H PART ll C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and ror 916 of the U $ Nucteer Regulatory Commesen regulatone. se has toen determoed that the information withheld is esempt from production or disclosure.

and that its production or esclosure e cont'ary to to put$c mterest The persone responsible for the denial are those officials 6dentifed below as denymg officials and the Director, Oweson of Ru6es end Records. Office of Adminstration, for any demale that may be appealed to the Esecueve Director for Operatene isooi OENYING OFF6CIAL TITLE 4 0F FICE RECORDS DENIED APPELLATE OFFICIAL

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x b Dow M s PART H D. APPEAL RIGHTS The denial by each denying officialidentifed in Part fl.C may be appealed to the Appellate Official identified 6n that section Any such appeal must be in wetteg and must be made wthin M dets of receipt of this response Appeals must be addressed as appropriate to the Eaecutive Director for Operations or to the Sectef ary of the Commason, U S. Nuclear Regulatory Commiss.on, Washington, DC 20%5, and should cleerty state on the envelope and en the letter that et 6e an "Appest from an initial FOLA Decoinn.

Nne Fonu aos iP.,t at U.S. NUCLEAR REGULATORY COMMISSION c asi FOIA RESPONSE CONTINUATION

4 Re: FOIA. 86 - 726 APPENDIX B RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBE NUMBER DATE DESCRIPTION 1, 1/2/86 Memorandum from Vincent S. Noonan, Director.

CPP, to Robert D. Martin, RIV, subject: " Revision To Allegation Randling Procedure" (1 page) 2 10/9/86 Letter from Robert D. Martin, RIV, to Billie Carde, GAP (1 page) e I

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Re: FO!A 726 -_

APPENDIX C _-

Documents Withheld in llhole or in Part NUMBER DATE DESCRIPil0N

1. 10/25/85 Letter from Robert D. Martin, RIV, to Juanita Ellis, CASE (1 page) - Exemption 7(A) -
2. 3/7/86 Handwritten note, unsigned, re allegation (1 page) - Exemption 7(A)
3. 3/11/86 Handwritten note, signed "Richins."

re named individual (1 page) - Exemption 7(A)

4. 4/29/86 Memorandum from Mark Emerson, RIV, To File, subject: " Contact With 01 Regarding Allegation Made By A11eger A-4" (1 page) - Exemption 7(A)
  • 5. 5/23/86 Letter from Mark Emerson to Juanita Ellis, CASE, Ref: Allegation No. 4-86-A-019 (3 pages) - Exemption 6
6. 6/1/86 Allegation Data Input re A-4 '(1 page) - Exemption 7(A) ,
7. 6/4/86 Allegation Review, subject: Various CPSES Concerns (1 page) - Exemption 7(A)
  • 8. 12/18/85 Memorandum from L. Shao, Comanche Peak Project

. Group. Leader...to, Vincent,8. Noonan, Director .

CFF, subject: " Status of New A-4 Allegations" (1 page) v attachment Status of Potentially New Allegations Received >

From A11eger A-4 (3 pages) - Exemption 6

9. Undated Handwritten note, unsigned (1 page) - Exercption 7(A)
  • Documents Withheld in Part