ML20211K158

Responds to Appeal of Denial of FOIA Request for Documents Re SECY-85-404, Unauthorized Disclosures of Sensitive Safeguards Info.... Document Partially/Completely Withheld (Ref FOIA Exemption 5)

ML20211K158
Person / Time
Issue date:	06/23/1986
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-85-A-77, FOIA-86-40, FOIA-86-A-77 NUDOCS 8606270338
Download: ML20211K158 (1)

Text

.

$d$~~0lA u s t m s i c, :

O' [_ ii i ! s L G U L AT O T (:  ;!(,.1

• , ~3

. , . r. m,o

'r- .-? ,

o

+....~

June 23, 1986 oma m riu pcm:any L*s. Billie P. Garde, Director Eruircirental hhistleblcwer Clinic

( cverr: rent lccountability Project 1555 Cerr.ecticut Avenue, U.W.

Suite 202 IN RESPONSE REFER TO Washingten, D.C. 20036 86-A-77(86-40)

Dear Ms. Carde:

This letter respends to your Ib/ 15,19E6 appeal of our denial of docuraants in cur April 23, 1986 response to FCIA 86-40.

In response to your appeal, the documents withheld pursunnt to this request were re-reviewed. Accordingly, I affim the agency's initial action with re an' te all of the dcctrEnta.

Tha dccuxnt.3 cr pcrtiens of decrnents withhald purcuart to Fme;tien 5 of tha Freedcr. of Infor::atim Act (FCIA) are part of the CcTini m ien's predecicicnal prccesscc. Tha p'm;c:e of the dalil'erative process privilcga is to "prcvent injury to the qualir; of agency decisiens." IcIJ3 v. Sears, rctbuch & Co._, 421 U.S. 132, 151 (1975). Dicciosure of these predecisional accccnts wculd be likely to " stifle horost and frank ccnntnication within the agancy." Coastal Statcs Ce Corp. v. D=mrtn=nt of Enercy, G17 F.2d G54, 866 (D.C. Cir. 1980). Additionally, Doctrents 7 cnd L3 on Appendia: D are drafts, this letter represents final agency action on ycur Ihy 15,19E6 FOIA Appeal.

Judicial review of t".c denial of Cccrents is a'/ailable in Fcdaral district ccurt in the district in which you reside or have ycur principal place of busiresa, cr in the District of Colt-bin.

j sincord y,

\,

! f f 4o J ,\

q ,S A: m J .xc (ma/*c ~. -

ir

)

{ Secretary of the Camiission 8606270338 860623 PDR F IA CARDEG -A-77 PDR

i -.

4 ,

Government Accountability Project e 1555 Connecticut Avenue.N.1V.. Suite 202

\Vashington. D.C. 20036 (2021 232-8550

~

milie Carste Direcwr, Environmental Whistcblower Canic 4

1 January 14, 1986 EdhEUUfei Or N U h q,3 FREEDOM OF INFORMATION ACT REQUEST ACT REQUEST FO.r A-RV40

\

Director i office of Administration / -2,/ --[ h j' Nuclear Regulatory Commission Washington, D.C. 20555

/

i-l To Whom It May Concern:

i

! Pursuant to the Freedom of Information Act ("FOIA"), 5 .

! U.S.C. $552, the Government Accountability Project (" GAP")

j requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, ,

) minutes, diaries, logs, calendars, tapes, transcripts, summaries,

interview reports, procedures, instructions, engineering 1 analyses, drawings, files, graphs, charts, maps, photographs,

] agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, lj computer runoffs, any other data compilations, interim and/or

final reports, status reports, and any and all other records relevant to and/or generated in connection with SECY 85-404,

" Unauthorized Disclosures of Sensitive Information ' Availability of Administrative Sanctions Against NRC Employees and Special l Government Employees," December 23, 1985. Specifically, we seek i all records that describe the circumstances which generated-this

study.

I f This request includes all agency records as defined in 10

! C.F.R. 69.3a(b) and the NRC Manual, Appendix 0211,-Parts 1.A.2 l

and A.3 (approved October 8, 1980) whether they currently exist

! in the NRC official, " working", investigative or other files, or at any other location,-including private residences.

i If any records as defined in 10. C.F.R. 59.3a(b) and the NRC j Manual, supra, and covered by this request have been' destroyed

and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which i have been or are destroyed and/or removed, a description of the i action (s) taken relevant to, generated in connection with, and/or j issued in order to implement the action (s).

.).pp

^ s w i i 7) 1 5 . __

GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 U.S.C. 3552(a)(4)(a). GAP is a non-profit, non-partisan public interest organization concerned with' honest 4

and open government. Through public outreach, the Project i promotes whistleblowers as agents.of government accountability.

l Through its Citizens Clinic, GAP offers assistance to local

, public interest and citizens groups seeking to ensure the health l

and safety of their communities.

We are requesting the above information as part of an J ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.

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

• l relevant to the document or portion of the document withheld.

l This index is required under Vaughn v. Rosen (I), 484 F.2d 820 1

(D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).

?

We look forward to your response to this request within ten i days.

Sincerely,

)b M CJb i

! Billie Pirner Garde

! Director Environmental Whistleblower Clinic I

I i

i I

\

J i

i l

f

/- .i .

GOVEkNMENT ACCOUNTABILITY PROJECT 1555 Comecticut Awave. N.W., Suite 202 Washington, D.C 20036 (202)232-8550 May 15, 1986 O @ EN 2b-A-77c (26-40)

Secretary of the Commission ~!

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Appeal from an Initial FOIA Decision, FOIA 86-40

Dear Sir:

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 denial of the Commission to release documents requested on January 14, 1986 by the Government Accountability Project regarding SECY 85-404. 3 By letter dated April 23, 1986 Mr. Donnie Grimsley, Director of the Division of Rules and Records advised us of 2 documents being released to the PDR, 1 document being withheld in part and 13 documents being withheld in their entirety pursuant to FOIA Exemption 5, because they contain the predecisional analyses, opinions and recommendations of the Commissioners, the release of which would tend to inhibit the open and frank exchange of ideas essential to the deliberative process.

For reasons stated in our April 11, 1986 appeal letter, we believe we are entitled to the release of these documents. At a minimum there chould be reasonably segregable portions of the I documents which are releasable.

We expect your response to this appeal within 20 working days of your receipt so that we can determine whether to pursue I

this matter further in the courts.

Thank you for your consideration of this appeal.

1 Sincerely,

.h ,

Billie Pirner Garde Director, Environmental Whistleblower Clinic ybbv' IY

~

T l

g pcung

. pg UNITED STATES y g NUCLEAR REGULATORY COMMISSION 3' E WASHINGTc N, D. C. 20555

'g .

,o APR 2 31986 Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-86-40

Dear Ms. Garde:

This is in further re::ponse to your letter dated January 14, 1986, in which you requested, pursuant to the Freedom of Information Act (FOIA), copies of ,

documents generated in connection with SECY-85-404, " Unauthorized Disclost res of Sensitive Infonnation - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees," dated December 23, 1985.

The documents identified on enclosed Appendix B are being released at Comissioner Asselstine's discretion and are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-86-40 in your name.

Portions of the document identified on enclosed Appendix C, and the documents identified on enclosed Appendix D contain the predecisional analyses, opinions, and recomendations of the Comissioners, and between the Comissioners and their staffs, concerning proposed rulemaking. Because the information reflects the predecisional process among the Commissioners, and between the Commissioners and the staff, the information 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. The released portions of the document on Appendix C are being placed in the PDR in file folder F01A-86-40 in your name. The documents on Appendix D contain no reasonably segregable factual portions and are being withheld in their entirety.

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. John C. Hoyle, Assistant Secretary of the .

Commission.

7 e

,1 .- m -l et*- 7_

h) b )

- l 2

Ms. Billie Pirner Garde' 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 envelo letter that it is an " Appeal from an Initial F0IA Decision." pe and in the The Staff Requirements memorandum dated May 2, 1985, for SECY 85-20, entitled,

" Relationship Between Investigations / Inspections and Adjudications (SECY-84-276/276A)--Proposed Amendment to 10'CFR Parts 0 and 2 Establishing Special Ex Parte In Camera Procedures for Resolving Conflicts Concerning the Disclosure or Non! Disclosure of Information," was addressed in our April 17, 1986, response to another F0IA request and released in part. A copy of that response and the released portions,of the document are available in the NRC PDR in file folder F0IA-86-56 under the name Ryan.

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, 1 y L Oky p Don'h'ie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosures:

As stated

)

, l F

e

, , ,, ___,,7 ,, ,,, , _ ,

Re: F01A-86-40 '

APPENDIX B Documents Being Released -

1. '

02/06/86 Vote Sheet of J.K. Asselstine on SECY-85-404.

2.

! 02/26/85 Vote Sheet of J.K. Asselstine on SECY-85-20.. 1

! I i  !

F 1

i n

a

I 4

i l

/

4 1

G l

• .m en e 4

-, , - - - . , - - - - , , . ,,w- -

, . - . . - , ., 9 -- . , , - ,. - - . . - - , .

Re: F01A-86-40 APPENDIX C Document Being Withheld :in 'Part -

1. 02/14/86 Memo'from'S. Chilk to V. Stello and H. Plaine, subject:

SECY-85-404.

e m 6 e

yogs.,.q-

, Re: F01A-86-40 APPENDIX D Documents Being Withheld in Their Entirety -

1. 01/14/86 Vote Sheet of L. Zech on SECY-85-404, " Unauthorized Disclosures of Sersitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees." (2 pages)

2. 01/26/86' Vote Sheet of N. Palladino on SECY-85-404 (1 page)

3. 01/28/86 Vote Sheet of T. Roberts on SECY-85-404 (1 page) 4.

01/30/86 Note from S. Sohinki to F. Bernthal Re: SECY-85-404 (3 pages)

5. 01/31/86 Vote Sheet of F. Bernthal on SECY-85-404 (3 pages)

6. 02/06/85 Vote Sheet of L. Zech on SECY-85-20, " Relationship Between Investigations / Inspections and Adjudications (SECY-84-276/276A)

Proposed Amendments to 10 CFR Parts 0 and 2 Establishing I Special Ex Parte In Camera Procedures for Resolving Conflicts Concerning the Disclosure or Nondisclosure of Information."

(2 pages) 7.

02/07/86 Memo from S. Chilk to Commissioners, " Staff Requirements Memorandum," - 1 page w/ attached draft memo from S. Chilk to V. Stello and H. Plaine, "SECY-85-404. . ." (3 copies - 2 versions of 2 pages and 1 of 1 page) 8.

02/18/86 Memo from V. Stello to F. Bernthal, " Response to Questions on Your Notation Vote Response Sheet on January 31, 1986 Re:

SECY-85-404. . ." (3 pages) 9.

02/20/85 Vote Sheet of N. Palladino on SECY-85-20 (2 pages)

10. 02/25/85 Vote Sheet of T. Roberts on SECY-85-20 (1 page) '

11. 03/06/85 Vote Sheet of F. Bernthal on SECY-85-20 (1 page)

12. 03/06/85 Note from S. Sohinki to F. Bernthal Re: SECY-85-20(1page)

13. 04/26/85 Memo from S.J. Chilk to Commissioners, " Staff Requirements Memorandum," - 1 page w/ attached draft memo from S. Chilk to W. Dircks, " Staff Requirements--SECY-85-20. . ." (3 copies -

1 version of 2 pages and 2 of 1 page) '

j

.e e

m

_ , , ' " vs.

1 t

Government Accountability Project 1555 Connecticut Avenue, N.W.. Suite 202 Washington, D.C. 200% (202) 232-8550 Billie Garde Dwector Envuonmentil Whistleblower Clinic January 14, 1986 FREEDOM OF INFORMATION ACT REQUEST MhEUOM OF AMORMAlrO a ACT REQUEST Director FO.t A- Bl.-40 Office of Administration f"'1/

Nuclear Regulatory Commission h Washington, D.C. 20555 To Whom It May Concern:

U.S.C.

Pursuant to the Freedom of Information Act ("FOIA"), 5 -

$552, the Government Accountability Project (" GAP")

requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, sunuuaries ,

interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer runoffs, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with SECY 85-404,

" Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees," December 23, 1985. Specifically, we seek all study.

records that describe the circumstances which generated this This request includes all agency records as defined in 10 C.F.R. $9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they currently exist .

in the NRC official, " working", investigative or other files, or at any other location, including private residenc es.

If any records as defined in 10 C.F.R. 59.3a(b) and the NRC Manual,: supra, and/or removedand covered by this request have been destroyed after_this request, please provide all surrounding -

records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connect' ion with, and/or issued in order to implement the action (s).

~

%Qv 2%Co Dep)

=

", ~

~

GAP requests that. fees be. waived, because'" finding the information can be considered as: primarily benefitting the general public," 5 U.S.C. $552(a)(4)(a). GAP is a non-profit, non-partisa'n public interest organization concerned with honest and open. government. -Through public outreach, the Project promotes.whistleblowers as agents of government accountability.

Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the health and safety of their' communities. '

We are requesting the above information as part of an ,

ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.

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 relevant to the document or portion of the document withheld.

This index is required under Vaughn 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.

Sincerel ,

'\W Billie Pirner Garde Director 4

Environmental Whistleblower Clinic I

4 r

e

, M

~

g e

i .,-

- -- _ ._. ._ _ ,__ _-, . -__ _ _ - ~