ML20212C458
| ML20212C458 | |
| Person / Time | |
|---|---|
| Issue date: | 12/24/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-86-53, FOIA-86-54, FOIA-86-55, FOIA-86-A-222, FOIA-86-A-24, FOIA-86-A-25, FOIA-86-A-26 NUDOCS 8612310017 | |
| Download: ML20212C458 (2) | |
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DEC 2 41986 Billie Pirner Garde, Esquire IN RESPONSE R.EFER Government Accountability Project TO F01A-86-A-222 Midwest Office (F0!A-86-53,'S4,55; 3424 Marcos Lane F01A-86-A-24, Appleton, WI 54911 86-A-25,86-A-26) l
Dear Ms. Garde:
l This is in further response to your letter dated November 5,1986, in which you appealed Mr. Grimsley's letter dated October 21, 1986, which denied-in-part your Freedom of Information Act (F0IA) request for records generated or prepared by Victor Stello since his appointment as Acting Executive Director for Operations.
You specifically appealed the withheld portions of the records identified on Appendix 0 of Mr. Grimsley's letter. This response addresses the January 27, 1986, memorandum to Chairman Palladino from Victor Stello and the attachment. By letter dated December 2, 1986, the Secretary of the Commission addressed the other two records subject to your appeal.
Acting on your appeal, I have carefully reviewed the record identified on the enclosed appendix and have determined that the previously withheld portions of the record will continue to be withheld from public disclosure. Therefore, your appeal is denied.
The denied portions of the record are being withheld from public disclosure pursuant to Exemption (1) of the F0IA (5 U.S.C. 552(b)(1)) and 10 CFR 9.5(a)(1) of the Commission's regulations. These portions contain information classified Confidential National Security Information pursuant to Executive Order 12356.
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, A
C-j
/,4 j ctorSteblo,/
Executive Dire or for Operations
Enclosure:
As stated 86123go017861224 chDE8 A--222 PDR
F01A-86-A-222 (86-53,54,55)
APPENDIX
^
Portions Denied - Exemption (1) 1.
1/27/86 Memorandum to Chairman Palladino from Victor Stello,
Subject:
Staff. Requirements for Desigr Basis Threat Meeting with Commission - January 28, 1986, Portions Withheld Ex. 1 (3 pages) w/ attachment:
Portions Withheld - Ex. 1 (6 pages) f 1
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6 GOVERNMENT ACCOUNTADluTY PROJECT 1555 Connecncut Awnue, N.W., Suite 202 Woshington, D.C. 20036 (202)232-6550 GOVERNMENT ACCOUNTABILITY PROJECT MIDWEST OFFICE 3424 MAR *2OS LANE APPLETON, WISCONSIN 54911 a c. c i.. t, v r 5, 19e6 APPEAL OF LNITIAL F0m DEC1 SON Victor Stello 96-A-z z 2.csCtb-s.s,si E::e cutive Director ice Operaticr.c U.S. Nuclear Regulatorj Commis s ;cn h h //-/2 -gh Washington, D.C.'.
2G555 RE:
Appeal from an lntilal Fu... cecision of FUIA d6-53,do-34, 66-55 and 86-A-24, et-A-25, Ec-A-26
Dear Mr. Stello:
This is an appeal purcuant to sut,socticn ate, of the Freedom of Inf ormation t.n
- . acaencea t., U.S.C.
522), of the actual dental of the Con..ul.clon to relasse port. ions of t n e do c u.:.e r.t lis toa on Aripei.ai:: 0, :0.1.c), requested on Jwf.uury 13, 2G, 27, 19ds t,y t he Go v e r na.u nt A c c o u nte:.411 ty P r oJ o c t by letter dated OctoLer L1, 1ve6, Donnte H. Grimsley, Director of the Divation of tiul e : and Records informed us Inat portions of th e Do c un.=.it li s tec on Appe nd1:: O are being withhold f ron disclosure pursuant ts 701s E:temption (1), and (S) because they consist of Se curi ty Inf o rir.ation pur s uantinfor;.. ;2on classified Confidential National t e. C::ecutive Order 12356, or advice, opinions, and r e c orun....d. t t o n t, of the staff.
We helieve we are entitle; to the release of the documents being withheld.
We expect your response to this appeal within 20 working oays of your receipt so that we can determine whether to pursue this matter further in the courts.
Thank you for your consiaer.ation of this appaal.
S t r.c e r e l y M
h Li;41e Pirner Garde Director. Environmental h'n i s t le bl owe r Cli ni c dhtO
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NUCLEAR REGULATORY COMMISSION UNITED sT ATES c
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CA SHING TON. D. C. 20$55
,.....j 001 2 1 M Billie Pirner Garde. Esquire Government Accountability Project IN RESPONSE REFER Midwest Office TO F01A-86-53, FOIA-86-54, 3424 Marcos Lane F01A-86-55 AND 86-A-24 Appleton, W1 54911 86-A-25 AND 86-A-26
Dear Ms. Garde:
This is in final response to your letters dated January 13, 20, and 27,1986, which were received in this office on January 28, 1986, in which you requested, pursuant to the Freedom of Information Act (F01A), documents generated or prepared by Victor Stello since his appointment as Acting Executive Director for Operations.
In a telephone conversation with Carol Ann Reed of my staff on January 28, 1986, you narrowed the scope of your requests to 1) handwritten and t ped notes of V. Stello; 2) notes and correspondence dictated by V. Stello; records reflecting V. Stello's decisions and coments 3
which the decisions and coments were based; 4) correspon and the records up prepared by V. Stello's staff which carry out a V. Stello directive; and 5) SECY papers signed by V. Stello.
Portions of the document listed on Appendix 0 are beinq withheld from public disclosure based upon Exem tions (
and(5)oftheFO.'A(5U.S.C.552Kb(1) and(5))and10CFR9.5(a)p(1)and
)oftheCommission'sregulations.
hese ortions contain information classified Confidential National Security nformation pursuant to Executive Order 12356, or advice, opinions, and recomendations of the staff. The page identified at number one.and the nonexempt portions of the attachment < dentified at letter C*on Appendix 0 are being placed in the NRC Public Document Room,1717 H Street NW, Washington, DC. in folder F01A-86-53 in your name.
Pursuant to 10 CFR 9.9 and 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 persons responsible
.th hatal of information in attachment 10?X'are the undersigned and Mr aymond J. Bradyc Director. Divistaa of sacuroy ige mq grson responsible or the denial of attachments,
nd 0.'t.T Tsc 6 7 -
- 4r.. John.C.' Hoyle.' Assistant Secretary of the C 16
Ms. Garde The denials by Mr. Brady and myself may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Executive Director for Operations.
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 F0IA Decision." The denials by Mr. Hoyle may be appealed within 30 days to the Secretary of the Comission and should be addressed to the Secretary of the Comission.
This completes NRC's action on these requests. Therefore, we are taking no further action on your letter dated March 3,1986, appealing our lack of responses to your requests.
Sincerely, W
Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosure:
As stated i
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F01A-86-53, 86-54, 86-55 APPEN0!X 0 1.
1/16/86 EDO Principal Correspondence Control #001340 Desc. Staff Requirements for Design Basis Threat Meeting with Consission, January 28,1986(Release)(1page).
1/15/86 Memorandum to Victor Stello from Nunzio J.
a.
Palladino(EX5)(2pages),
b.
1/22/86 Memorandum for Chairman Palladino from ThomasM.Robarts(EX5)(1page).
3 c.
1/27/86 Memorandum to Chairman Palladino from Victor Stello, subject: Staff Requirements for Design Basis Threat Meeting with Commission January 28, 1986 (portions withheld) (EX 1) (8 pages).
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GOVERNMENT ACCOUNTADIUTY PROJECT 1555 Connecicut Awnue, N.W., Suite 202 Wostungron. D.C. 20036 (202)232-6550 January 13, 1986 nd:EDOM OF INFORMATION ACT Director fHE % y D MATIOh office of Administration g
NT Nuclear Regulatory Commission Washington, D.C.
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To Whom It May concern:
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Pursuant to the Freedom of Information Act ("FOIA").
section 552, the Government Accountability Project (GAP) 5 USC Trial Lawyers for Public Justice (TLPJ) and the all agency records and information, including but not limited torequest copie notes, letters, memoranda, drafts, ninutes, diaries
- logs, calendars, tapes, transcripts, summaries, interview, reports procedures, instructions, policy discussion papers, recommen,da-other information compilation or issuances and any and records or reports generated or prepared by Victor Stallo beginning with his appointment as Acting Executive Director.
This request should be broadly construed to include all the his office staff and over which he excercises control. daily ac that this request will produce records of all meetings Mr. Ste11 owe expect has with any industry representatives, such as representatives of NUMARC, or the Atomic Industrial Forum including all records of l
conversations with Mr. Ste11o's predecessor.
This request includes all agency records, whether they currently exist in the NRC official," working," investigative or other files, or at any other location, including private residences.
If any records as defined in 10 C.F.R. 9.3a(b) and the NRC manual, 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 have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).
the information can be considered as primarily benefitting t general public," 5 USC section 552(a) (4) (a).
CAP is non-profit, non-partisan public interest organization concerned with honest and open government.
Through public outreach, the Project 4 4cyT6 Total -
January 13, 1986 Page Two promotes whistleblowers as agents of government accountability.
The Trial Lawyers for Public Justice's Citizen Legal Clinic is also a non-profit, public interest group which assists individuals throughout the country to right intentional or unintentional wrongs caused by the actions of others.
TLPJ is assisting citizen intervenors in several cases now before the
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NRC.
We are requesting the above informatilon as part of an ongoing monitoring project on the adequacy of the NRC staff's performance of their responsibilities in protecting public health and safety.
For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and derscribing the documents or portions of documents withheld.
The lindex 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.
section 820 (D.C. Cir.1973), cert denied, 415 U.S. section 977 (1974).
We look forward to your response to this request within ten Si[cerely
's %
Billie Pirner Garde l
BPG:41901 l
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GOVERNMENT ACCOUNTADIUTY PROJECT 1555 Connecncut Awnue, N.W Suite 202 Wcmhangton, D.C. 20036 (202)232M50 January 20, 1986 FREEDOM OF INFORMATION A q fRE500W OF INFORMAT10M Dire'ctor M
J office of Administration f0T k h *$ h Nuclear Regulatory Commission Washington, D.C.
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l ef To Whom It May Concern:
Pursuant to the Freedom of Information Act ("FOIA"). 5 USC section 552, the Government Accountability Project (GAP) and the Trial Lawyers for Public Justice (TLPJ) request 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, policy discussion papers, recommen,da-tions, SECY papars, telephone messages voice recordings, and any other information compilation or issuan,ces and any and all other records or reports generated or prepared by Victor Stallo beginning with his appointment as Acting Executive Director.
This request should be broadly construed to include all the daily activity logs of Mr. Stallo, and any documents generated by hisieffice staff and over which he excercises control.
We expect that' this request will produce records of all meetings Mr. Stello r ' has with any industry representatives, such as representatives of INMARC, or the Atomic Industrial Forum including all records of conversations with Mr. Stello's predecessor.
This request includes all agency records, whether they i
currently exist in the NRC official," working," investigative or other files, or at teny other location, including private residences.
If any recordss as defined in 10 C.F.R. 9.3a(b) and the NRC manual, and covered. by this request have been destroyed and/or removed after this request, please provide all surrounding records, including laut not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) takan reinvant to, generated in connection with, and/or issued in order: to l implement the action (s).
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i GAP and TLPJ request that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 USC section 552 a)( ) (a).
GAP is non-profit, non-partisan public interest organ zat on concerned with honest and open government.
Through public outreach, the Project k
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January 20, 1986 Page Two promotes whistleblowers as agents of The Trial Lawyers for Public Justice' government accountability.
s Citizen Legal Clinic is also a non-profit, public interest group which assists individuals throughout the country to right intentional or i
unintentional wr6ngs caused by the actions of others.
TLPJ is assisting citizen intervenors in several cases now before the NRC.
l We are requesting the above informatilon as part of an ongoing monitcring project on the adequacy of the NRC staff's performance of their responsibilities in protecting public health and safety.
)
For any documents or portions that you deny due to a I
specific FOIA exemption, please provide an index itemizing and derscribing the documents or portions of documents withheld.
i The lir.dex should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is j
relevant to the document or portion of the document withheld.
This index is required under Vaughn v. Rosen (I), 484 F.2d.
section 820 (D.C. Cir. 1973), cert. denied, 415 U.S. section 977 (1974).
We look forward to your response to this request within. ten days.
Signeerely,
$_O J iM Billie Pirner Garde BPG:41901
F GOVERNMENT ACCOUNTADILITY PROJECT 1555 Connecncut Awnve. N.W., Mre 202 Woshangton. D.C. 20036 550 January 27, 1986 I
T FREEDOM OF INFORMATION ACT p
fRE500M OF LNFORMATION a
Director Office of Administration ACT REQUEST i
Fo@-P4, -g Nuclear Regulatory Commission Washington, D.C.
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To Whom It May concern:
H Pursuant to the Freedom of Information Act ("FOIA"). 5 USC section 552, the Government Accountability Project (GAP) and the L
Trial Lawyers for Public Justice (TLPJ) request copies of any and i
all agency records and information, including but not limited to E
s notes, letters, memoranda, drafts, minutes, diaries, logs, d
E calendars, tapes, transcripts, summaries, interview reports procedures, instructions, policy discussion papers, recomarn,da-
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tions, SECY papers, telephone messages voice recordings, and any other information compilation or issuan,ces and any and all other records or reports generated or prepared by Victor Stello
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beginning with hie appointment as Acting Executive Director.
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This request should be broadly construed to include all the daily activity logs of Mr. Stello, and any documents generated oy e
his office staff and over which he excercises control.
We expect t
that this request will produce records of all meetings Mr. Stallo has with any industry representatives, such as representatives of F
NUMARC, or the Atomic Industrial Forum including all records of 5
conversations with Mr. Ste11o's predecessor.
g This request includes all agency records, whether they
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currently exist in the NRC official," working," investigative or
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other files, or at any other location, including private y
residences.
,k If any records as defined in 10 C.F.R. 9 3a(b) and the NRC t
manual, and covered by this request have been destroyed and/or k
removed after this request, please provTde all surrounding
=
records, including but not limited to a list of all records which L
have been or are destroyed and/or removed, a description of the y
action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).
A GAP and TLPJ request that fees be waived, because " finding 5
the information can be considered as primarily benefitting the k
general public," 5 USC section 552 (a) (4) (a).
GAP is non-profit, e-non-partisan public interest organization concerned with honest f
and open government.
Through public outreach, the Project Fg a
r s
January 27, 1986 Page Two promotes whistleblowers as agents of government accountability.
The Trial Lawyers for Public Justice's Citizen Legal Clinic is also a non-profit, public interest group which assists individuals throughout the country to right intentional or unintentional wrongs caused by the actions of others.
TLPJ is assisting citizen intervenors in several cases now before the NRC.
We are requesting the above informatilon as part of an ongoing monitoring project on the adequacy of the NRC staff's performance of their responsibilities in protecting public health and safety.
For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and derscribing the documents or portions of documents withheld.
The lindex should provide a detaiTWh 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.
section 820 (D.C. Cir.1973), cert. denied, 415 U.S. section 977 (1974).
We look forward to your response to this request within ten days.
Si/ncerely, h
Billie Pirner Garde BPG:41901 t
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