ML20211J361

Appeals Commission 861003 Denial of Documents Requested on 860324

ML20211J361
Person / Time
Site:	Comanche Peak
Issue date:	10/20/1986
From:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
References
FOIA-86-217, FOIA-86-A-206 NUDOCS 8611110115
Download: ML20211J361 (1)

Text

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[ GOVERNMENT ACCOUNTADIUTY PRO 5CT.

1555 Connecicut Avenue, N.W Suite 202

' Woshington. D.C. 20036 (202)2024550 COVERNMENT ACCOUNTABILITY PROJECT MIDWEST OFFICE 3424 MARCOS LANE APPLETON, WI 54911 getomar go, im APPEAL OF INITIAL FDIA DECISION cretary sh the Commissian 8h-$-MOhd 22.1%C "*?"nn? *'"'" Qa'd lo-a?-ahI "U f' RE: Appeal ' rom an In!'.ial F02A Decision or .01A 66-217 03ar Mr. Jh11k:

This is an appeal purssant_to subsect. ton ass's of the Freedom cf Int'ormation Act. as amended (S U.S.C. *2E:, cf the actual cental of the Commission to release documents requested on March 24, 1986. :.y the Csvernment Ac countab111 ty Proj ect.

By let, tor dated October 3, 198e, Donnat H. Grim 21ey, Director vi tho Davision of Rules and Recarcs, informed us'that portions of dccuments identified as Appendix B were being withhe.J i r o n. pubitc d:s. closure pursuant to FOIA exemption 6 because they consist of nameo and other idantifying intsrmation r egar di ng indaviduals who resigned or had baen terminatec as a result of the Utilities investigatlan of drug abuse.

We believe we are entitled to Ine reler.se'of the documents c.41 ng w11,nh e i d .

We expect your response to t.bts appeal witnin 20 working days of your roceipt so that we can determane whether to pursue this matter further in the courts.

Thank you for your consideration of this appeal.

Sincere 1y, (A/N M Billie Plener Garce Director, Environmental h/$)

Whistleblower Clinic R 5 861020 GARDE 86-A-206 PDa

s-i 2 * \a UNITED STATES NUCLEAR REGULATORY COMMISSION 5 wAswiscrow. o. c. 2osss

%, *. . .. /l OCT 8 W Ms. Billie Pirner Garde Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F0IA-86-217

Dear Ms. Garde:

This is in further response to your letter dated March 24, 1986, which we treated as a new Freedom of Information Act (F0IA) request for the information that NRC withheld under F01A-85-152.

By letter dated July 25, 1986, we informed you that the one document withheld in its entirety under F01A-85-152 was being placed in the Public Document Room (PDR) in file F01A-86-217 under your name. After additional review, the NRC

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has determined that portions of the two documents listed on the enclosed Appendix 8 must continue to be withheld. The withheld portions consist of the names and other identifying infonnation regarding individuals who resigned or l had been terminated as a result of the utility's investigation of drug abuse at the Comanche ~ Peak plant. To disclose the names and other identifying 4 information concerning these individuals would constitute a clearly unwarranted invasion of This information is bein withheld pursuant to Exemptions (personal privacy.6) and (7)(C) of the F0IA 6 (5 U.S.C. 552(b)(g) and (7)

CFR 9.5(a)(6) and (7)(iii) of the Comission's regulations. The nonexempt portions of the two documents are being placed in the PDR.

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. Ben 8. Hayes, Director, Office of l Investigations.

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 FOIA Decision."

This completes action on your request.

O 'lna / y, O .

. mk 6L --

Don le H. Grimsley, Director Division of Rules and Records Office of Administration j

Enclosure:

As stated

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X GOVERNMENT ACCOUNTABILITY PROJECT ' '

1555 Connecticut Awnue, N.W., Suite 202 Wasing+on, D.C. 20036 , (202)2324550

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i March 24, 1986 s

Mr. Donnie H. Grimsley, Director f A N Division of Rules and Records ACT REQUEST office of Administration s gfj/- f'f d/ 7 U.S. Nuclear Regulatory Commission e Washington, D.C. 20555 h N c2.I oPd Re: FOIA 85-152

Dear Mr. Grimsley:

i This appeals the denial of the agency to provide all documents responsive to the March'6, 1985 request for,all documents produced by the agency in its review of the' comanche Peak drug abuse terminations.

Our initial request was filed March 6, 1985. The agency responded August 1, 1985. The August 1, 1985 response did not identify it as a final agency response. On February 10, 1986 we

. requested the status of this and other outstanding requests. The NRC replied on February 14, 1986 informing us for the first' time that they. considered the August 1, 1985 response as final.$

This appeal is therefore timely within the NRC's regulations and under the Act.

t Ue look forward to your response within 20 days.

r

,(. Sincerely, t

Billie P. Garde BPG:43425 n ,

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