ML20212C496

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Final Response to Appeal of Denial of FOIA Request for Documents Re Drug Investigations at Plant.Forwards Partially Withheld Document 7 (Ref FOIA Exemptions 6 & 7).Other Documents in Encl App Withheld (Ref FOIA Exemptions 6 & 7)
ML20212C496
Person / Time
Site: Comanche Peak  
Issue date: 12/24/1986
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20212C501 List:
References
FOIA-86-383, FOIA-86-A-205 NUDOCS 8612310051
Download: ML20212C496 (2)


Text

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UNITED STATES 8'

NUCLEAR REGULATORY COMMISSION

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Billie Pirner Garde, Esquire OEC241986 Government Accountability Project Midwest Office IN RESPONSE REFER 3424 Marcos Lane TO F0IA-86-A-205 Appletcn, WI 54911 (F0!A-86-383)

Dear Ms. Garde:

This is in response to your letter dated October 20, 1986, which appealed Mr. Donnie H. Grimsley's letter dated October 3,1986, which denied portions of nine documents subject to your Freedom of Information Act (F0IA) request for documents generated in connection with all NRC data on drug investigations at Comanche Peak.

Acting on your appeal, I have carefully reviewed the record in this case and have determined that some additional information can be made publicly available.

Your appeal is, therefore, partially granted and partially denied.

A portion of document seven listed on the enclosed appendix can now be released and is enclosed.

The initially withheld portions of documents one through six vill continue to be withheld from public disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C. 552(b)(6)) and 10 CFR 9.5(a)(6) of the Commission's regulatinns.

The remaining withheld portions of document seven and the initially withheld portions of documents eight and nine will continue to be withheld from public disclosure pursuant to Exemptions (6) and (7)(D) of the F0IA (5 U.S.C.

552(b)(6) and (7)(D)) and 10 CFR 9.5(a)(6) and (7)(iv) of the Commission's regulations.

The withheld portions of these nine documents contain personal information concerning several individuals and the names and other identifying information of allegers who provided information to the NRC during the agency's investigative activities.

I am unable to identify any legitimate public interest in this information which outweighs the individuals' privacy interests.

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

f gds W$

Victor Stel1

,'Jr.

9 Executive Director for Operations

Enclosures:

As stated 8612310051 861224 PDR FOIA OARDE86-A-205 PDR

86-A-205 (86-383)

APPENDIX 1.

6/19/85 Transcript of proceedings, Brown & Root, Texas Utilities Generating Company (TUCCo), NRC, at Plantation Inn, Cranbury. Texas (28 pages) 2.

1/27/86 Af fidavit of named individual 4-86-A-004 7 (5 pages) w/ attachments.

3.

1/11/85 Physician's note (1 page) 4.

1/10/86 Termination notice (1 page) 5.

12/3/85 Sworn Statement (1 page) 6.

2/18/86 Memorandum from Annette Vietti-Cook to Mark Emerson, RIV (1 page) 7 11/13/84 Allegation Review, 4-85-A-18 (1 page) (Portion Released) 8.

3/5/86 Handwritten note (1 page) 9.

3/7/86 Handwritten note (1 page)