ML20212R481

Partial Response to FOIA Request for Documents Re Alcohol & Drug Use by Const Workers at Nuclear Reactor Plant Sites. App E & F Documents Partially & Completely Withheld (Ref FOIA Exemptions 5 & 6)

ML20212R481
Person / Time
Site:	Prairie Island, Duane Arnold, 05000000
Issue date:	01/29/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Shawanna Heath WASHINGTON LEGAL FOUNDATION
Shared Package
ML20212R483	List: ML20212R481 ML20212R525 ML20212R546 ML20212R568
References
FOIA-84-827 NUDOCS 8702020676
Download: ML20212R481 (4)

Text

U.S. NUCLEAR REGULATORY COMMISSION NRc toiA F.toutst huwsExisi F01A-84-827 g a%,,g i T I RESPONSE TO FREEDOM OF ggg , l **'

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INFORMATION ACT (FOlA) REQUEST (e ..h.

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MN 2 9 W LEQUESTER Mr. Steven J. Heath PART l.-RECORDS RELEASED OR NOT LOCATED (See checked bases}

No agency records subrect to the request have been located.

No additenal egency records subject to the request have been located.

Agency records subsect to the request that are identifed en Appendix are already available for pubhc inspecten and copWng en the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.

Agency records subsect to the request that are identated in Appendix are being made available for public inspecten and copying in the NRC Pubhc Document Room,1717 H Street, N.W., Washington, DC. in a folder under the FOIA number and requester name.

The nonpropretary version of the proposalts) that you agreed to accept in a telephone conversation with a member of my staff is now bemg made avadable for pubhc inspecten and coying at the NRC Public Document Room 1717 H Street, N W., Washington, DC, in e folder under the FOIA number and requester name Enclosed is informator on how you may obtain access to and the charges for copying records placed in the NRC Pubhc Document Room,1717 H Street, N.W., Washington, DC.

Agency records subsect to the request are enclosed, Any apphcable charge for copies of the records provided and payment procedures are noted in the comments secton.

Records subject to the request have been referred to another Federal agencyfiest for review and direct response to you.

In view of NRC's response to the request, no further action is being taken or. appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records is being withheld from public disclosure pursuant to the FOIA exemptons descnbod in and for the reasono stated in Part it, sec-t : ens 8. C, and D. Any released portons of the documents for which only part of the record is being withheld are being made available for public inspection and copying in XX th. NRC Pubisc Document Room.17 7 H Street N.W., Washington, DC, in a foider under this FOIA number and requester name.

Comments Additional records subject to this request are currently undergoing review.

As soon as the review has been completed, we will communicate with you.

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'8702020676 870129 PDR FOIA HEATH 84-827 PDR N2C FNM 464 iPat n 1989

s FZEEDOM OF INFCRMATION ACT RESPONSE FOIA NUMBER (SI: F0IA-84-827 OATE. JAN 2 9 1987 PART 18 O- APPLICA'LE FOIA EXEMPTIONS Records subject to the request that are described in the enclosed Appendices EAF are being withheld in their entirety or in part under FOIA Esemptions and for the reasons set forth below pursuant to 5 U.S.C. 552!b) and 10 CFR 9.5(a) of NRC Regulations.

1. The withheld information a property classefed pursuant to Enocutive Order 12356 IEXEMPTION 11

2. The withheld informaton relates solely to the internal persormel rules a,d procedures of NRC. (EXEMPTION 2)

3. The withhe6d informaton e specificalty exempted from public disclosure by statute moscated. (EXEMPTION 3)

Secten 141-145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data .or Formerly Restricted Data 142 U S.C. 2161-21651.

Secten 147 of the Atomec Energy Act which prohibits the disclosure of Unclassified Safeguards informaton (42 U.S C. 2167).

4. The withheld information is a trade secret or commercial or fmancial information that is being withheld for the reason (s) indicated: (EXEMPTION 4)

The mformation is considered to be confidential business (proprietary) information.

The informaton is considered to be propretary mformation pursuant to 10 CFR 2.790ddHil.

The mformaton was submitted and received m confidence from a foreign source pursuant to 10 CFR 2 790tdM2).

5 The withheld mformation conssts of interagency or intraagency records that are not available through discovery dunng litigation. Osclosure of predecisional mformation Q would tend to chibit the open and trank enchange of ideas essential to the debberateve process Where records are withheld in their entirety, the facts are inemtncably mtertweed with the predecisenal mformaton. There also are no reasonabiv segregable factual portons because the release of the facts would permit an indirect inquiry into the predeciseonal process of the agency, IEXEMPTION 5) g 6. The withheld informr ten o enempted from public disclosure because its disclosure would result in a clearly unwarranted invesion of personal pnvacy. IEXEMPTION 6)

7. The withheld informaton conssts of investigatory records comp 3ed for law enforcement purposes and is being withheld for the reason (s) indicated. IEXEMPTION 7)

Disclosure would interfere with an enforcement proceeding because it could reveal the scope. directen, and focus of enforcement efforts. and thus could possebly allow them to take acton to sFeld potential wrongdoing or a violaten of NRC requerements from mvestigators. IEXEMPTION 7tA))

Disclosure would constitute an unwarranted invason of personal privacy lEXEMPTION 7(CH The mformaton consists of names of individuals and other information the disclosure of whch would revea. identities of confidential sources. IEX5MPTION 7(DD PART 11 C-DENYING OFFICIALS Fur.uant to 10 CFR 9 9 and 'or 9.15 of the U S. Nuclear Regulatory Commason regulatons, et has been determined that the oformaton w@. held e exempt from producten or disclosure, md that its producten or disclosure e contrary to the public interest. The persons responsible for the demal are those offic6als identified below as denying officials and the Director.

Dewsaon et Rules and Records, Office of Admmistraten, for any denials that may be appealed to the Enecutive Director for Operations tEDol DENYING OFFICIAL l TITLE / OFFICE RECORDS DENTED APPELLATE OFFICIAL hsst. Gen. Counsel for '

James A. Fitzgerald Adjudications / Opinions E-1 XX Samuel J. Chilk Secretary of the Comm. E-2s E-3. F-5 XX Region III James G. Keppler Regional Administrator F-1 through F-4 XX PART II D- APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals mud be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, 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 FOIA Decision."

nac ronu ens (Pert 2) ro ssi U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

b RE: F01A-84-827 APPENDIX E RECORDS WITHHELD IN TiiEIR ENTIRETY '-

F0IA EXEMPTION

1. February 2,1982 Memorandum.,for the Commissioners from Leonard 5 Bickwit, re: Zion Investigation (2 pages) j 2. September 30, 1983 Memorandum for the Commissioners from J. Zerbe, 5 re: Comments on Fitness for Duty Rule (6 pages)

3. Hovember 30, 1983 Draft Staff Requirements Memo, re: SECY-83-399, 5

' Final Rulemaking concerning Fitness for Duty for

' Personnel with Unescorted Access to Protected Areas, with handwritten notations of Commissioner Asselstine (1 page) 4 f

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RE: F0IA-84-827 r.

APPENDIX F

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q RECORDS PARTIALLY WITHHELD FOIA EXEMPTION

1. February 24, 1983 Letter to J. A. Hind from C. E. Larson, re:

6 Information regarding an individual's employment at Prairie Island (1 page) '

2. March 8,1983 Letter to J. A. Hind from Lee Liu, re: Sworn 6 Allegation regarding employees at the Duane Arnold Energy Center, without attachments (2pages)

3. March 16,1983 Routing and Transmittal Slip to L. Cobb from '6 Jack Hind, re: Employment of individuals at nuclear power plants (1 page)

4. April 7,1983 Letter to J. A. Hind from Lee Liu, re: Trans- 6 mitting confidential information (1 page), with attached

a. 4/6/83 Letter to Lee Liu from S. J. Tuthill, re: Information regarding report by E. G.

Matthews (1 page), with attached

b. 4/5/83 Letter to S. J. Tuthill from E. G.

Matthews, re: Investigation of two individuals (2 pages) '

5. December 21, 1983' SECY-83-517, Discussion regardin 5 Against Insider Threat (3 pages)g Protecting w