ML20211P434

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Final Response to Appealing Denial of FOIA Request for Documents.Portion of Document 2 Re Violations Available in Pdr.Remaining Portions of Document 2 & Entire Document 1 Withheld (Ref FOIA Exemption 5.)
ML20211P434
Person / Time
Site: Comanche Peak  
Issue date: 12/16/1986
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20211P439 List:
References
FOIA-86-386, FOIA-86-A-197 EA-86-009, EA-86-9, NUDOCS 8612190075
Download: ML20211P434 (2)


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DEC 16 266 Ms. Billie Pirner Garde Government Accountability Project Midwest Office IN RESPONSE REFER 3424 Marcos Lane TO 86-A-197 Appleton, WI 54911 (F01A-86-386)

Dear Ms. Garde:

This is in response to your letter dated October 3, 1986, which appealed Mr. Donnie H. Grimsley's letter dated September 26, 1986, which denied two l

documents subject to your Freedom of Information Act (F0IA) request for l

documents concerning Enforcement Action 86-09 dated May 3,1986, regarding the Comanche Peak nuclear power plant. This also responds to your letter dated November 24, 1986, regarding this appeal.

Acting on your appeal, I have carefully reviewed the record in this case and have determined that some additional infonnation can be provided to you.

Therefore, your appeal is partially granted and partially denied.

The lists entitled " Potential Violations Not Included in the Proposed Enforce-ment Package" and " Violations of Little Safety Significance Not Included in the Proposed Enforcement Package", which are part of document two listed on the enclosed appendix, can now be made publicly available and are enclosed.

The remaining portions of document two and the entire document one listed on the enclosed appendix will continue to be withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.

The withheld information consists of drafts and other internal documents which contain the advice, opinions, and recommendations of the staff in the deliberative process of determining proper enforcement actions regarding the Comanche Peak nuclear power plant. Exemption (5) shields from mandatory disclosure documents generated in the deliberative process that precedes most decisions of government agencies.

This is a final agency action. As set forth in the F0IA (5 U.S.C. 552(a)(4)(B)),

judicial review of this decision is available in a district court of the United States in the district in which you reside, have your principal place of business, or in the District of Columbia.

Sincerely,

$d7 /.

Victor Stello,'Jry.

Executive Directdr for Operations

Enclosures:

As stated 8612190075 861216 PDR FOIA GARDE 86-A-197 PDR

F01A-86-A-197 (F01A-86-386)

Appendix 1.

1/24/86 Memo with annotations from D. A. Powers, RIV, to J. A. Axelrad, IE (2 pages) with enclosed draft letters to TUGCo (5 pages),

draft Appendix A - Notice of Violation with annotations (4 pages),

draft Appendix B - Inspection Report with annotations (11 pages) 2.

2/26/86 Memo from R.H. Vollmer, NRR, to R.D. Martin, RIV, H.R. Denton, NRR and G.H. Cunningham, III, 0GC (1 page) with enclosed draft letter to TUGCo (4 pages), draft Appendix A - Notice of Violation with annotations (15 pages), draft Appendix B - Notice of Violation with annotations (4 pages), List of Potential Violations Not Included in the Proposed Enforcement Package, (5 pages) (RELEASED) List of Violations of Little Safety Significance Not Included in the Proposed Enforcement Package (3 pages) (RELEASED) i

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