ML20211P432
| ML20211P432 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 06/09/1986 |
| From: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| FOIA-86-223, FOIA-86-A-94 NUDOCS 8607230232 | |
| Download: ML20211P432 (1) | |
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GOVERNMENT ACCOUNTADlLITY PROJECT 1555 Connecticut Avenue, N.W., Suite 202 Washington, D.C. 20036 (202)2324550 June 9, 1986 Victor Stello Executive Director for Operations APPEAL OE INITIAL EDIA DEDSiON U.S. Nuclear Regulatory Cominission g, 4,, y g Qf 2, 3)
Washington, D.C.
20555
& $l/3l86 Re:
Appeal of FOIA 86-223
Dear Mr. Stello:
This is an appeal pursuaat to subsection a(6) of the Freedom of Information Act as amended (5 U.S.C.
522), of the actual denial of the Commission to release documents requested by the Government Accountability Project (GAP) regarding the EG&G report on harassment and intimidation at the Comanche Peak nuclear power plant.
.c G AP's original request for documents was made by letter dated September 18, 1984.
On October 16, 1985 your office denied the release of portions of four documents.
GAP appealed the denied release of those documents by letter dated March 19, 1986.
On April 1,
1986 we were advised that our appeal had been untimely and was therefore being treated as a new request for the denied documents.
A May 7, 1986 letter from Mr. Donnie Grimsley advised that the denied documents had been reviewed again and had been determined a second time to be unreleaseable.
This letter appeals the second denial.
We believe we are entitled to the withheld portions of documents.
'We expect your response to this appeal within 20 working days of your receipt so that we can determine whether to pursue this matter further in the courts.
Thank you for your consideration of this appeal.
Sincerely, "7!><I.
f Billie Pirner Garde Director, Environmental Whistleblower Clinic
/ sis 0607230232 060609 PDR FOIA GARDE 86-A-94 PDR
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Ms. Billie'Pirner Garde Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F0!A-86-223
Dear Ms. Garde:
This is in response to your letter dated March 19, 1986, which we treated as a new Freedom of Information Act (F0IA) request, rather than an appeal, for denied portions of the four records addressed.in our October 16, 1985, response to request F0IA-84-751 regarding the EG&G report on the Comanche Peak plant with regard to harrassment and intimidation.
We have reviewed the denied portions of the four records, which are identified on the enclosed appendix, and are again denying those portions for reasons noted below.
The total estimated project cost was disclosed in the record identified at number four on the appendix. The withheld portions of the records identified at numbers one, two, and four consist of the breakdown of proposed subcontractor costs and other costs.
This proprietary information is being withheld from public disclosure pursuant to Exemption (4) of the F0IA (5 U.S.C.
552(b)(4)) and 10 CFR 9.5(a)(4) of the Consnission's regulations.
Of the resumes contained in the record identified at number three on the appendix, the portions withheld consist of home addresses, home telephone number, dates of births, and a Social Security number.
This personal information is being withheld from public disclosure of the F0IA (5 U.S.C. 552(b)(6)) and 10 CFR 9.5(a)(6) pursuant to Exemption (6) of the Commission's regulations to prevent a clearly unwarranted invasion of personal privacy.
Pursuant to 10 CFR 9.9 of the Commission'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 persons responsible for this denial are the undersigned and Mr. Harold Denton, Director, Office of Nuclear Reactor Regulation.
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Ms.. Garde.
This denial may be appealed to the Commission's Executive Director for' Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in, writing, addressed to the Executive Director for Operations, 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 F0IA Dec'ision."
Sincerely,
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Q Donnie 11. Grimsley, Directo Division of Rules and Records Office of Administration s
Enclosure:
As stated
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Re:
F01A-86-223 d_;
APPENDIX 1.
07/17)84 Ltr to Sims from Leach, w/ attachment (3 pages) s 2,
07/31/84 Ltr to Sims from Eisenhut, subject: INEL Technical Assistance to the Division of Licensing, NRR, NRC: " Evaluation of Selected s
NRC Open items Before Plant Fuel Load" (FIN A-6819, Project 2) s-(6 pages) 3.
07/31/84 Ltr to Sims from Leach, subject: Transmittal of Task Team
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Description and Qualification, and Task Schedule for Comanche s
,t Peak Management Issues Team - LPL-339-84 (35 pages) s
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09/11/84 Ltr to Milam from Marx, subject: Tranmittal of Modifications to Form 189 Front Pages - FINS A6819 and A6821 - Marx-307-84 (14 pages)
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GOVERNMENT ACCOUNTADlLITY PROJECT 1555 Connecticut Awnue, N.W., Suite 202 Washington, D.C. 20036 (202)2324550 March 19, 1986 Victor Stello Executive Director for Operations U.S. Nuclear Regulatory Commission ME UOM OF INFOHMAT!ON Washington, D.C.
20555 ACT REQUEST FarA -na 3 APPEAL OF FOIA # 84-751
Dear Mr. Stello:
This is an appeal, pursuant to subsection (a) (6) of the Freedom of Information Act as amended (5 U.S.C.
552), of the commission's actual denial of access to records requested by the Government Accountability Project (GAP) regarding the Comanche Peak nuclear power plant.
On September 18, 1984 GAP requested records relating to the EG&G report on harassment and intimidation and the EG&G/NRC contract.
By letter dated November 13, 1984, J.M.
Felton, Director of the Division of Rules and Records, advised us of records being released to the PDR.
By letter dated October 16, 1985, Mr. Felton informed of 12 documents being placed in the PDR and of portions of three documents dealing with confidential business information being withheld pursuant to FOIA Exemption 4.
We were also informed that portions of one document were being withheld pursuant to FCIA Exemption 6, because its release would cause a clearly unwarranted invasion of personal privacy.
We believe we are entitled to access to the withheld documents.
We expect your response within 20 days of your receipt of this appeal so that we can determine whether to pursue this matter in court.
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. Thank you for your attention to this appeal.
Sincerely, Billie Pirner Garde Director, Environmental Whistleblower clinic
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