ML20211H007

Appeals Denial of FOIA Request for Documents Re Ofc of Investigation Cases Occurring Since 850820 & Quality First Files within NRC Control or Possession Concerning Facility

ML20211H007
Person / Time
Site:	Wolf Creek
Issue date:	05/09/1986
From:	Stephens S NUCLEAR AWARENESS NETWORK
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
References
FOIA-86-59, FOIA-86-A-76 NUDOCS 8606200442
Download: ML20211H007 (1)

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May 9, 1986 nucear owareness netuJorc 1347% massachusetts. lourence. kansas 66 0 44.(913)749-1640 Mr.

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Chilk secretary of the commission APPEAL OF INITIAL EOIADECISION

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gton, D.C.

20555 C2u S-/ 16 Rie -

Arw.* I ur ro:N-66-59

Dear Mr. Chi.lk,

"i:is is an appeal purstta nt to subsection (a)(6) of the>

informatinn Act (FOI A) as amended, 5 U.S.C. 2 552.

Freedon or ily ictter dated Jonuary 27, 1986, the Nuclear Awa reness Natwork i !A !) requeste.-f docut ents relating to s

1) Any a:d eti1 infor: ration within. the of fico of Inves tigsstion 's cas'en reg.irdi ng inveuttgal. ions which have occurred and/or' closed withi n the ti:.e frane of 8/20/1985 and receipt c ' the request.

The r eque r.s t ex t.e ndud to any and.s11 d ocumni. t s froM any other NRC offices which may have hoon involved in any way.

2) Any and oI! Quality First. riles. or portions of files, within the !!1tC' u cont rol and/or possesutou concerning the Unl C Creek Nitalear Generatsing Station.

%,lef;ned the re< guest to inclufo: reports, studies, test results,

c. rresNndence, :nemo ra nda, v.eeting notes, n.ect ing r.inutes, work-ing v.pers, 3r.sphs, cnartn, diagrate.s, notes and su.ra ri es of

s. nvern t. tons a nd int e rv i ous,- corr.pute r reco rd,s, and any other f o rt:s n wri t ten co:= tun tcat ion including internal MEC st.af f n:ro r.: r d a.

ihe documentu were specifically requested from, it.:r. e.o t I u.:i L e d t o, t.he folioving offices of the NRC:

Office,

or.'usalys i s ar.J Evalu.s ton of Djerational Data (A.rD)) Office

' uc!c a r Feactor Ngalation (NMR); Office of Nucler.r Requia-tarl Mesearch desearch); Office of. inspection

.i n:i Eo f o rce:1ent t! W : Generi.c Issues Granch of the t Dtvisien of Sa fet.y Tech-t'.u te 3y s Ope r.it.ing Meactors l' ranches :of the riivision of ' icensinu;

.ina the Orfi.ce vf Inves t e.sa t t ons (OI).

We received a rosponne dated May 1,.1986 from the Director of.

Rules and Records, Donnic Grimsley in which Mr.; James Fitzgerald dunled one document in Appendix B dated 12/20/85. Consider thiu an appeal of that. decision.

.% pro uted under t he. Par A, we expect.rcuponse to this ktmt r:is-t c,i t i.v o appeal w i t nin r.want y.: ( 20 ) working days.

Sin.coroly,

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January 27, 1986 nucear owoteness networc 1347% massachusetts. burence, kansas 66 0 44.(913)749-164 0 FREEDOM OF INFORMATION Director ACT REQUEST

[0JA-[4-N Office of Administration US Nuclear Regulatory Commission h h /~M 9-M Washington, D.C.

20555 FREEDOM OF INFORMATION ACT REQUEST To Whom It May concern:

Pursuant to the Freedom of Information Act, U.S.C.

522, as amended, the Nuclear Awareness Network requests the following documents regarding the Wolf Creek Nuclear Generating Plant.

Please consider " documents" to include reports, studies, test results, correspondence, memoranda, meeting notes, meeting,

minutes, working papers, graphs, charts, diagrams, notes and summaries of conversations and interviews, computer records, and any other forms of written communication, including inter-nal NRC staff memorands.

The documents are specifically re-quested from, but not limited to, the following offices of the NRC:

Office of Analysis and Evaluation of Operational Data ( AEOD); Office of Nuclear Reactor Research (NRR); Office of Nuclear Regulatory Research (Research); Office of Inspection and Enforcement (I&E); Office of Investigations (OI); Generic Issues Branch of the Division of Safety Technology, and the Operating Reactors Branches of the Division of Licensing.

In your response, please identify which documents correspond to which requests below.

Pursuant to this request, please provide all documents prepared or utilized by, in the possession of, or routed through the NRC related to the Wolf Creek Nuclear Generating Plant:

1) Any and all information within the Office of Investigation's cases regarding investigations which have occurred and/or closed within the time frame of August 20, 1985 and the receipt of this letter.

This request extends to any and all documents from any other NRC offices which may have been in-volved in any way, or have information pertaining to any OI cases.

2) Any and all, Quality First files, or portions of files, withi_n the NRC's cont'rol and or possession.

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If.any of~the materia.1. covered by this request has been des-

'troyed and/or removed, please provide all. surrounding docu-mentation, including.but not limited to a description of the action (s) taken, relevant date(s), and justification (s) for-

' the actions.'

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 rele-vant to the document or portion of the document withheld.

This index is required under Vauchn 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. -ma further request that a copy of your response to this FOIA be placed in the Kansas Local Public Document Rooms (LPDRs).

Sincerely, p

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'Stevi Stephens 2

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Ms. Stevi Stephens Nuclear Awareness Network 13471 Massachusetts IN RESPONSE REFER lawrence, KS 66044 TO F01A-86-59

Dear Ms. Stephens:

This is in further response to your letter dated January 27, 1986, in which you requested, pursuant to the Freedom of Information Act (FOIA),1) records within the Office of Investigations' cases regarding investigations at the Wolf Creek Generating Station which have occurred or been closed within the time frame of August 20, 1985, and January 29, 1986, and 2) any and all Quality First files related to Wolf Creek.

The documents identified on enclosed Appendix A are being placed in the NRC Public Document Room located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-86-59 in your name.

The documents are also being placed in the local Public Document Rooms for Wolf Creek.

The document identified on enclosed Appendix B contains the predecisional legal analyses, opinions and recommendations of the Office of the General 9

Counsel (0GC) to the Office of Investigations and Region IV regarding a proposed response to Congressman Glickman's questions on Wolf Creek.

Because the information reflects the predecisional process between OGC and staff, it is exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C.

552(b)(5), and the Commission's regulations at 10 CFR 9.5(a)(5).

Release of the information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. There are no reasonably segregable factual portions, and the document is being withheld in its entirety.

Pursuant to 10 CFR 9.15 of the Commission's regulations, it has bean determined that the information withheld is exempt from production disclosure and that its production or disclosure is contrary to the 'ublic interest. The person responsible for this denial is Mr. James A. Fitzgerald, Assistant General Counsel.

This denial may be appealed to the Secretary of the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, 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 FOIA Decision."

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Ms. Stephens.,

The search for and review of documents that are subject to your request are continuing. We will notify you upon completion of the search and review.

Sincerely, Q

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i Donnie H. Grimsley, Director-Division of Rules and Records Office of Administration

Enclosures:

As stated N

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Re: F0lN-86.

APPENDIX A Documents Being Placed in the PDR-.and LPDRs

1.. '05/24/85 Memo from'J. Lieberman to H. Denton, subject: 2.206 Petition by the Government. Accountability Project-Re: Wolf Creek-2.

11/21/85. Letter from Congressman Glickman to Chairman Palladino, subject: investigations at Wolf Creek 3.

01/17/86 Letter from Chairman Palladino to Congressman Glickman, subject: operating license for Wolf Creek l

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Re:-F01A-86-59 APPENDIX B Document Being Withheld-in Its Entirety 1.

12/20/85 Memo'fromHerzblPlainetoBenHayesandRobertMartin, subject: Response'to Congressman Glickman

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