ML20212P954
| ML20212P954 | |
| Person / Time | |
|---|---|
| Issue date: | 03/12/1987 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-86-215, FOIA-87-A-4 NUDOCS 8703160406 | |
| Download: ML20212P954 (1) | |
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W 12 97 Billie Pirner Garde, Esquire Government Accountability Project Midwest Office IN RESPONSE REFER 3424 Marcos Lane TO F01A-87-A-4 Appleton, WI 54911 (F01A-86-215)
Dear Ms. Garde:
This is in response to your letter dated January 13, 1987, in which you appealed Mr. Donnie H. Grimsley's letter dated December 9,1986, which denied 13 documents subject to your Freedom of Information Act (F0IA) request for documents relating to the proposed NRC Manual Chapter 0517 from May 13, 1985 to March 25, 1986. This response will address the eight documents identified at numbers 1, 2, 3, 5, 6, 7, 10, 12 on Appendix D of Mr. Grimsley's letter dated December 9,1986. Mr. Chilk will respond concerning the remaining five documents.
Acting on your appeal, I have carefully reviewed the record in this case and have determined that the eight documents will conti'nue 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.
Your appeal is, therefore, denied.
The documents are drafts, connents on draf ts, and internal documents that contain the advice, opinions, and recommendations of the staff and were prepared in the course of reaching a final agency decision.
Exemption (5) was intended to permit the agency's withholding of such dccuments to preserve the free and candid internal dialogue necessary for the careful formulation of agency decisions.
This is a final agency action on the eight documents. As set forth in the F01A (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, D
ctor Stello, J Executive Director for Operations 8703160406 870312 PDR FOIA GARDE 87-A-4 PDR
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f'I RESPONSE TO FREEDOM OF N "'*'
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' *g INFORMATION ACT (FOIA) REQUEST DEC 9 M DocaET sevuott.ss is apskeami ID Y MI Og 8kN l'd.
l PART 3.-RECORD /RELEASEDj$R NOT LOCATED (See checked bosset j
No agency records outiect to the request have been located.
No addtsonal egency records subsect to me request have been located.
Agency records subrect to the request that are adent6ed in Appendin are already evadable for public especten and copymg m the NRC Pub 4.c Docur'eet Roo 1717 H Street. N W., Washmston, OC -
l Agency recorde subject to the request eat are identifled h Appendix are being made aveAsbie for pdec inspection and c@ h the NRC Pubile DocM Room.1717 H Street. N.W., Washington, DC, in a folder under the FptA number and requester name.
The nonproprietary version of the proposoffel that you agreed to accept in a telephone conversation wth a morreer of my staff is now being rnede evalable for public espectior and coymg at the NRC Pubhc Document Room.1717 H Street. N W Washington, DC, e a folder under the FOIA rweer and regoester name.
Enclosed is inforrnation on how you rnay obtain accsos to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Was Agency records subrect to the recpest are enclosed. Any applicable charge for cop *es of the records provided and payment procedures are noted in the comments sec*en.
Records subs ct to the request have been referred to another Federal agencytes) for review and direct response to you.
e M 0,Y I5} I bb In view of NRC's response to this request. no further accon is bemg taken on appeaf letter dated l
PART ll.A-INFORMATION WITHHELD FROM PUBLIC'blSCLOSUP!
IX Certain informaron m es requested records e being wthheid from pubhc declosure pursuant to the FOIA esemptsono described in and for the rossons stated in Part R. sec.
tions 8. C. and D. Any released poroons of the documents for which orW part of the record is bemg wethheid are bem erede avenabie for public inspection and cop the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under the FotA number and requester name.
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hd6 FREEDOM OF INFORMATION ACT RESPOh FOIA NUM',E%Si OATE:
PART ft B-APPLICA!LE FOfA EXEMPTIONS Records s@ ject tJ the request that are described in the enclosed Appendices
_ are being withheld in their entirety or in part under FOtA E.sernpuris and*for the reasons set forth below pursuant to 5 U.S.C. 552fbl and 10 CFR 9 5(a) of NRC Regulations.
- 1. Tse mehheld informaten a property dass/ed pursuant to Enocutive Order 12356 (EXEMPTION 11 2_ TN esameld informaton relates solely to the eternal personnel rules and procedures of NRC. (EXEMPTION 2) 3 The useiheld inio'mation is specificaoy esempted from pubic disclosure by statute ed>cated. (EXEMPTION 3) i Secwa 141-145 of the Atomic Erergy Act whch prohets the d sclosure of Restncted Data or Formerfy Restncted Data 142 U S C. 21612165).
hrerwi 147 of the Atomic Energy Act which prohibits the declosure of Unclass(ed Safeguards Informsten 142 U.S C. 2167).
4 TN a-% eld information e a trade sec'et or comrnerc:al or financial esformation that a being
- thheld for the reasonist mdicated: tEXEMPTION 4)
The esformaten is considered to be confidential bus ness (proprietary) mformation.
e T>e esformat>on is considered to be proprietary informaten pursuant to 10 CFR 2.790tdH11.
The e= formation was sut>mstted and recorred in conf 4ence from a foreign source pursuant to 10 CFR 2.790(d:t21.
5 TN me**ield informaton consats of interagency or intraagency records that are not avadable through d1scovery dunng fitigation. Declosure of predecsional infomaton mr. sac *.end to inhitut the open and trank encPange of deas essental to the deliberative process Where records are withhe6d m their enterety. the facts are mentncably reatmaned with the predecesonal eformaten. There also are no reasonably segregable factual portons because the release of the facts would pernt en
,w esqu ry ento the predeceenal process of the agency. (EXEMPTION 5)
- 6. TM asuhheid information is enorreted from public deciosure because its doctosure would result in a dearty unwarranted invasen of personal privacy. (EXEMPTION 6)
- 7. The wahneid mformaten conssts of evestgatory records compied for law enforcement purposes and a te ng wrmeld for the reason (s) indicated. (EXEMPTION 71 I Deczorare would interfere inth an enforcement proceeding because it could reveal the scope, detecten. and focus of enforcement efforts and thus could pr==nry anow them to take acten to seeld potental wrongdomg or a vetation of NRC requerements from mast.gators. (EXEMPTION 7(AH Decsosure would coratitute an unwerranted evas.on of personal pnvecy (EXEMPTION 7tCir The esformation consats of remes of indrviduals and other informaten ths disclosure of whch would reveal etities of confidentel sources. IEXEMPTION 7104 PART fl C-DENYING OFFICIALS Pursu of em U S. Nuct a,d,_aru to 30 CFR 9 9 and/or 915,e e cont,.,, io.est R.egulatory Commason regulatens. it has been determ,med that the eformaton withhe:d e exempt frorn prod uct.n o, meu
.p interest The pe,so-,s.poe e fo, th. den. a,e ihose..d.nt<.d belo, as d.ny g e,ceis and the D., ecto,.
O, vision of and Records. Office of Admmetraton, for any donels that may be appealed to the Execuevs Director for Operatens itoon.
DENYlNG OFFICAL TITLE, OFFICE, RECORDS DENIED _
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.a PART fl D-APPEAL RIGHTS The denief by each denying officialidentrfied in Part II.C maype appealed to the AppeMate Official identfied in that section. Any such appeal must be in wdting and must be inade within 30 days of receipt of this response. Appsals must be addressed as appropriate to the Executive Director for Operations or to the Secreury of the Corronesion, U.S. Nuclear Regulatory Commission, Washington, DC 20665, and should clearfy state on the envelope and in the letter that it is an " Appeal from en initial FOtA Decisaon "
mac Foans ese sPers 21 U.S. NUCLEAR REGULATORY COMMISSIOP tua FOIA RESPONSE CONTlNUATION J
Re: F01A-86-215 APPEN0lX C OATE DOCUMENT DESCRIPTION 1.
07/03/85 Note from C. Abbott to R. B' ady regarding the Recommended r
Change to Draft Manual Chapter 0517 " Management of Allegations" (1 page)
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APPENDIX D (Documents to be Withheld in their Entirety under Exemption 5) 1.
Memo, 12/18/85, Taylor, IE, to Dircks, EDO,
SUBJECT:
ANALYSIS OF. VENDOR INVESTIGATIONS REFERRED TO THE OFFICE OF INVEsilGATIONS contained written note to Dick Brady, NRR, from Tom Rehm, dated 12/20.
l 2.
Note, 6/27/85, Brady, NRR, to Fox, IE, et al RE: DRAFT OF 0517 ON ALLEGATIONS (Please note that the enclosure is missing from this copy.
See 4., below.)
3.
Handwritten note, 7/8/85, Bob 0'Connell, NMSS, to Dick (Brady), attachin four marked-up pages of draft 0517.
4.
Note, 7/18/85, lieberman, OELD, to Brady attaches 2., above with its enclosure, ma,rked up by OELD.NRR, COMMEN
- 5. Draft Manual Chapter 0517, 1/9/86, with hand-written NOTE TO ME (Br dated 1/28/86.
6.
Draft Manual Chapter 0517, 1/9/86, with hand-written note on front cover page, " Marked up. Mark 's comments. "
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- 7. Note,1/10/86, to Dick (Brady) from initials (Mark Williams) providing comments on 0517 and attaching a marked up draft of 0517.
- 8. Draft Manual Chapter 0517, undated, from Dick Hoefling, OELD, providing comments on 0517, with handwritten note, " Received 2/7/86 DB" j
- g. Memo, 9/19/84, Dircks, EDO, to Of fice Directors and Regional Administrat l
with note, "ELO's REWRITE" and attaching CONFIDENTIALITY INSERT
- 10. Note, 2/24/85, to Shropsire et al from R. Brady, ORAFT MANUAL CHAPTE MANAGEMENT OF ALLEGATIONS.
Feb 24, 1986.
This document probably should have been dated
- 11. Note, 3/17/86, K. Cyr, UELD, to R. Brady, NRR, DRAFT MANUAL CHAPTER 05
- 13. OIA Report, " Review of NRC's Allegations Management System" May 1985 l
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'50VERNMENT ACCOUf TABILITY PROJECT 1555 Connecticut Avenue. N.W., Suite 202 Wasfijngton, D.C. 20006 (202)2324550 March 24, 1986 FREEDOM OF INFORMATf0N ACT REQUES' Mr. Donnie H. Grimsley, Director M TA-84-d/,$
Division of Rules and Records Office of Administration h d fagg6 U.S.
Nuclear Regulatory Commission Washington, D.C.
Dear Mr. Grimsley:
In light of the NRC's treatment of our March 6, 1986 appeal of FOIA 85-365 as untimely, we request that you not only reconsider the release of all documents specifically denied under your initial response, but also treat 86-183 as an entirely new request for the time period of May 13, 1985 to the present.
As you know, the FOIA does not specify how many days a requestor is allowed in which to file an appeal of initial agency denials.
We look forward to your response to this request within ten days.
Sincerely, E
Billie P. Garde i
BPG:43427 ws*'*
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