ML20211M449

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Final Response to FOIA Request Re NRC Insp Repts.App C Documents Available in Pdr.App D Documents Partially Withheld (Ref FOIA Exemption 4)
ML20211M449
Person / Time
Site: 07001113
Issue date: 12/05/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Ratner M
RATNER, M.G.
Shared Package
ML20211M455 List:
References
FOIA-86-704 NUDOCS 8612170273
Download: ML20211M449 (6)


Text

I 9.S. NUCLEAR [E!ULATORY C"3MMISSCN  %:4C FOG s EOVEST NUMlEMSI s "% , Fo i8 -% - W k "

w.ESPONSE 'sYPE 5*

D i RESPONSE T3 FREEDOM OF '

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g e...e h INFORMATION ACT (FOIA) REQUEST

"'M 5 W DOCKET hum 8ERtS) ut appkabel REQUESTER R AMER, NzoRT C, PART l.-RECORDS RELEASED OR NOT LOCATED (See checkedbones)

No agency records subject to the request have been located.

No additonal agency records subject to the request have been located.

Agency records subject to the request that are identifed in Appendix are already available for public mspecten and copying in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.

Agency records subject to the request that are identrNed in Appendix are being made available for public inspecten and copying in the NRC Public Document Room,1717 H Street N W., Washington, DC, in a folder under this FOIA number and requester name.

The nonproprietary version of the proposalls) that you agreed to accept in a telephone conversaten with a member of my staff is now being made avaiable for public inspection and coying at the NRC Public Document Room,1717 H Street, N W , Washington, DC, in a folder under this FOIA number and requester name.

Enclosed is information on how you may obtain access to and the charges for copyeg records placed in the NRC Public Document Room,1717 H Street, N.W., Washington DC Agency records subject to the request are enclosed. Any applecable charge for copes of the records provided and payment procedures are noted in the comments secton, Records subsect to the request have been referred to another Federal agexyles) for review and direct response to you.

In view of NRC's response to this request, no further action a being taken on appeal letter dated PART !!.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam information in the requested records is bemg withheld from public declosure pursuant to the FOIA exemptions desentred in and for the reasons stated in Part II, sec-tons 8. C, and D. Any released portions of the documents for which only part of the recor' , being withheld are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N W., Washington, DC, in a folder under this FOIA number and requester name.

Comrnents A b SIG W KTOR. DIVIS' RULF AND R,ECORDS . .

b V y  ;-

s 8612170b!73 PDR FOIA 861205

.. RATNER 86-704 PDR NRC FIRM 464 iPan it 19 861

FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBETdSL [O lh - *7O DATE: fg p g

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ene PART 81.5- APPLICA LE FOIA EXEMPTIONS ~"

Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

I

1. The mthheld information is property class < fed pursuant to Executn,e Order 12356 IEXEMPTION 11
2. The withheld informaten relates solely to the intemal personnel rules and procedures of NRC. IEXEMPTION 2)
3. The withheld information is spec #ically enempted from public disclosure by statute mdicated: tEXEMPTION 3)

Section 141145 ot the Atomer Energy Act which prohibits the disclosure of Restncted Data or Formerly Restricted Data 142 U.S.C. 216121651.

Section 147 of me Atomic Energy Act which prohitzts the declosure of Unclassifed Sa reguards informaton 142 U.S.C. 2167).

4. The withheld eformation is a trade secret or commercial or financial informaton that is being withheld for the reason (s) indicated: (EXEMPTION 4)

The informaton is considered to be confidential business (propnetary) informaton.

The information is considered to be propretary mformaton pursuant to 10 CFR 2.790(dHIL The mformation was submitted and received m confidence from a foreign source pursuant to 10 CFR 2 7904c H2L

5. The withheld informaron consists of inte' agency or mtraagency records ths.1 are not available through ds:os er) dunng litigaton. Osclosure of predecisionai information would tend to mhibit the open and frank enchange of ideas essential to the deliberative process. Where rtecrds are withheld in their entirety, the facts are ineatncably intertweed with the prooecmenal eformaten. There also are no reasonably segregable factual portiar s because the release of the facts would permit an indirect inquey into the predecesenal process of the agency. (EXEMPTION 5)
6. The withheld informaton is enempted from public d4 closure because its disclosure would result in a clearly unwarranted invasen of personal pnvacy. (EXEMPTION 61
7. The withheld information conssts of investigatory records compiled for law enforcement pu poses r and is being withheld for the reason (s) indicated. (EXEMPTION 7)

Disclosure would interfere with an enforcement proceeding because et could 'eveal the scope, directen, and focus of enforcement effoits. and thus could possibly allow them to take acten to shield potential wrongdoing or a volaten of NRC requirements from investigators. (EXEMPTION 7BAO Declosure would ccinstitute an unwarranted evasion of personal privacy (EXEMPTION 7(Cl)

The information consets of names of individuals and other mformation the disclosure of which would reveal identitses of confidential sources. tEXEMPTION 710))

PART 11 C-DENylNG OFFICIALS Pursuant to 10 CFR 9 9 and 'or 915 of the U S. N clear Regulatory Commasen reaulatons. it has been rietermined that v4 irstnemation wth%id is exempt from product.cn or d.sctwe, and that its producten or declosure is contrary to the public interest. The persons respoesible for the denial are those offeciais identified below as denying officials and the Director, Divesson of Rules and Records, Office of Admirstration, for any denials that may be appealed to the Executive Detector for Operatens !EDot DENylNG OFFICIAL TITLE < OF FICE RECORDS DENIED APPELLATE OFFICIAL DiRECTC& cfPCE OF Pe R'in C 6 of '

"Jo tW @ hAV16 AlucLEMninTHi A L ApoEu Dd N X." -

' F soFe rg gJp Jggs AdRDs PART 11 D-APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or 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."

anC Fonu ase irert 21 U.S. NUCLEAR REGULATORY COMMISSION

FOIA RESPONSE CONTINUATION

4 c

FOIA-86-704-APPENDIX C Records Released in Entirety and Being Placed in PDR

1. 07/16/86 Letter to Eugene Lees from Kenneth Barr Re: NRC Inspection Report No. 70-1113/86-13 (1 page) '

Attachment:

a. NRC Inspection Report No. 70-1113/86-13 (1 page)
b. Report details (2 pages)
2. 08/28/86 Letter to J. Philip Stohr from T. Preston Winslow Re:

Results of Inspection (1 page) w/ attachment (2 pages) b 1

, - . - - , - . - - , ,, , --,-----,-----.---.----.-----,..,-,.a. , - . . - - , ~ ,

F01A/86-704 APPENDIX D RECORDS PARTIALLY WITHHELD - EXEMPTION (4)

1. 02/21/85 Letter from Stohr to Lees Re: Report No. 70-1113/85-01 (2 pages) - Release Attachments:
a. 02/21/85 Enclosure 1 - Notice of Violation - Portions deleted (2 pages)
b. 02/21/85 Suninary (1 page) release w/ attached report details Report No. 70-1113/82-01 w/ attached report -

Portions deleted (4 pages)

2. 03/22/85 Letter from Vaughan to Stohr (1 page) - Release

Attachment:

a. 03/22/85 - Portions deleted (4 pages)
3. 04/22/85 Letter to J. Philip from Charles Vaughan Re: Report of Inspection (1 page)

Attachments:

a. 04/22/85 Attachment - Portions deleted (3 pages)
4. 07/26/85 Letter to J. Nelson Grace from Charles Vaughan Re: Supplemental Response (2 pages)

Attachment:

Attachment - Portions deleted (2 pages)

5. 09/05/85 Letter to Eugene Lees from J. Philip Stohr Re: Report No.

70-1113/85-12 (1 page)

Attachment:

a. Inspection Report No. 70-1113/85 Portions deleted (11 pages)
6. 09/23/85 Letter to Eugene Lees from Kenneth Barr Re: Report No.

70-1113/85-14 (1 page)

Attachment:

a. Inspection Report No. 70-1113/85 Portions deleted (10pages)
7. 12/18/85 Letter to Eugene Lees from J. Philip Stohr Re: Report No.

70-1113/85-18 (2 pages)

Attachments:

a. Notice of Violation - Portions deleted (1 page)
b. Inspection Report No. 70-1113/85 Portions deleted (10 pages) i

APPENDIX D F01A-86-704 E. 01/15/86 Letter to Philin Stahr from T. Preston Winslow Re: Results of Inspection (1 page)

Attachment:

a. Notice of Violation - Portions deleted (3 pages)
9. 03/04/86 Letter to Eugene Lees from Kenneth Barr Re: Report No.

70-1113/85-17 (1 page)

Attachment:

a. Inspection Report No. 70-1113/85 Portions deleted (12 pages)
10. 04/10/86 Letter to Eugene Lees from Kenneth Barr Re: Report No.

70-1113/86-06 (2 pages)

Attachment:

a. Inspe: tion Report No. 70-1113/86 Portions deleted (5pages)
11. 05/02/86 Letter to Eugene Lees from Kenneth Barr Re: Report No.

70-1113/86-07 (1 page)

Attachment:

a. Inspection Report No. 70-1113/86 Portions deleted (9 pages)
12. 06/05/86 Letter to Eugene Lees from Kenneth Barr Re: Report No.

70-1113/86-09 (2 pages)

Attachments:

a. Notice of Violation (1 page)
b. Inspection Report No. 70-1113/86 Portions deleted (5 pages)
  • 3.

. 06/17/86 Letter to Eugene Lees from Kenneth Barr Re: NRC Inspection Report No. 70-1113/86-11 (2 pages)

Attachment:

a. NRC Inspection Report No. 70-1113/86 Portions deleted (8 pages)
14. 07/01/86 Letter to K. Barr from T. Preston Winslow Re: Results of Inspection (1 page)

Attachment:

a. Notice of Violation - Portions deleted (2 pages)

APPENDIX D F01A-86-704

15. 08/01/86 Letter to Eugene Lees from Kenneth Barr Re: Notice of Violation (2 pages)

Attachments:

a. Notice of Violation - Portions deleted (3 pages)
b. NRC Inspection Report - Portions deleted (6 pages)
16. 08/06/86 Letter to Eugene Lees from J. Philip Stohr (2 pages)

Attachments:

a. Notice of Violation (1 page) b.~ NRC Inspection Report - Portions Celeted (4 pages)
17. 08/29/86 Letter to Kenneth Barr from T. Preston Winslow Re: Results of Inspection'(1 page)

Attachment:

a. Notice of Violation - Portions deleted (3 pages) 4 4

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