ML20213F913

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Final Response to FOIA Request Re Investigation Case A4-86-003.Encl App B & D Documents Also in Pdr.App D Documents Partially Withheld (Ref FOIA Exemptions 6 & 7).App E Documents Completely Withheld (Ref FOIA Exemptions 6 & 7)
ML20213F913
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 05/13/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Bauman L
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20213F915 List:
References
FOIA-87-91 NUDOCS 8705180040
Download: ML20213F913 (10)
v • d • e


Text

U.S. NUCLEAR RE!ULATORY CIMMISSl'.N Noc tointoutsT huvetais>

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RESPONSE TO FREED!M CF Of6 M'*"

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INFORMATION ACT (FOIA) REQUEST MAY 13 jgg7 (o ees / e DocmET hvM8ER:St W sos *ceam S. # fl MIM4 h A PART 1.-RECORDI RELEASED OR NOT LOCATED (See checaed bonest No agency records subsect to he request have been located.

No additonal agency records subrect to the request have been located.

Agency records subsect to the request that are identified in Appendia O are already evadable for public inspecten and copymg >1 the NRC Public Document Room, 1717 H Street, N.W., Washmgton, DC .

Agency records subject to the request that are identifed in Appendia b are being made available for putM inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, m a folder under this FOIA number and requester name.

The nonpropretary verson of the proposaHsl that you egreed to accept in a telephone conversation with a enember of my staff is now being made avaiable for public inspection and coving at the NRC Public Document Room,1717 H Street. N W . Washington, DC. in a folder under the FOIA number and requu;ar name.

Enclosed is informaton on how you may obtam access to and the charges for copymg records placed in the NRC Pubhc Document Room.1717 H Street, N.W., Washington, DC.

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

Records subject to the request have been referred to another Federal agencybes) for review and direct response to you. s in view of NRC's response to thes request, no further sceon a beng taken on appeal letter dated .--.-

PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam informaton in the requested records is being withheld from putgic disclosure pursuant to the FOIA exemptions desenbed in and for the reasono stated in Part 11, sec-tons B, C, and D. Any released portons of the documents for which only part of the record is bang withheld are bemg made avadable for public inspection and copying in the NRC Pubhc Document Room,1717 H Street, N W., Washegton, DC, in a folder under the FolA number and requester name.

Comments j

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NRC FORM 464 iPart is s0 es#

FREEDOM OF INFORMATION ACT RESPONSE FOIA NUVBEllS)

PA. T ll.8- APPLIC4BLE FOIS EXE ' PTION '$

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D-TE E Ia m Records sub t to the request that are described in the enclosed Appendices band E a,e deing withheid in tnei, ente,eiy o,in ,a,t under FOIA Esemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(al of NRC Regulations.

1. The wthhead information as property classified pursuant to Executive Order 12356 (EXEMPTION 11
2. The wthheld lnformaten relates sole 4y to the internal personnet rules and procedures of NRC. (EXEMPTION 21
3. The withheld informanon is specifically enempted from public disclosure by statute mdecated: (EXEMPTION 31

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Secten 141-145 of the Atomic Energy Act which prohibets the disclosure of Restncted Data or Formerfy Restncted Data 442 U.S.C. 21612165).

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1 Secten 147 of the Atomic Energy Act which prohibits the disclosure of Unclassif ad Safeguards information (42 U.S C. 2167).

4. The withheld informanon is a trade secret or commercial or fmancial info ~ nation that is being withheld for the reason (s) indicated: (EXEMPTION 41 The information is considered to be confidential bus ness loroonetary) information.

The nformation is considered to be propnetary information pursuant to 10 CFR 2.790fdH fl.

The information was submatted and received in confidence from a foreign source pursuant to 10 CFR 2.790tdH21.

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$ The wethheld informetion consssts of interagency or intraagency records that are not available through discovery durmg litigation. Doclosure of predecisional information would tend to inhabst the open and frank enchange of ideas essent.al to the deliberative process. Where records are withheld en their entwety, the facts are mentncably intertwned with the predecisenal informaton. There also are no reasonably segregable factual portions because the release of the facts would permit an mdwect inquwy into tne predecisional process of the agency. (EXEMPTION 5)

K 6. The wthheld informanon is enempted from public disclosure because its disclosure would result in a clearty unwarranted evasion of personal privacy. (EXEMPTION 6)

K 7. The withheld information consists of investigatory records compded for law enforcement purposes and es being wethheld for the reason (s) indicated (EXEMPTION 71 Disclosure would interfors wrth an enforcement proceedmg because it could reveal the scope, directen, and focus of enforcernent e4 orts. and thus could possely allow them to taf e yten to sneeld potential wrongdomg or a violation of NRC requirements from evestigators. IEXEMPTION 7(AH f

X Desclosure would constitute an unwarranted invasion of personal pnvecy (EXEMPTION 7tCH

, The informanon consists of names of individuals and other informaton the disclosure of which would reveal identrues of confidential sources. (EXEMPTION 7(Dil PART If C-DENYING OFFICIALS l

Pursuant to 10 CFR 9 9 and 'or 915 of the U.S. Nuclear Regulatory Commisson regulations. et has been determmed that the oformanon withheid is enempt from producten or disclosure, and that its producten or disclosure is contra y to the public interest. The oorsons responsible for the derwal ate those officials identified below as denymg officials and the Director.

Devisen of Rules and Records. Office of Admmestraten. for any denials that may be appealed to the Enocuove Director for Operatonsitooi DENYING OFFICIAL TITLE / OFFICE RECORDS DENTED AP"FLLATE OFFICIAL 1 sECAETAmy 100 l < F b. MA NW ha 6hh- x J N& win 2c d % A bh ben Ebes bc.YOMu Append 8 #

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ber4HL PANT If D- APPEAL RIGHTS The denial by each denying offe.ial idertfied in Part ll.C m.sy be appealed to the Appellate Officialident>fied in that secton. Any such appeal must be in writeg and must be made within 30 days of receipt of this respce. Appesfs must be addressed as approcriate to the Ema cutive Director for Operations or to the Secetary of the Commission, U.S. Nuclear Regulatory Cor maion, Washington, DC 20555, and shculd clearly statif on t.ie envelope and in the letter that it 6e en " Appeal from an initial FOM Decision.

,, mac Foana see we,i as t "s asi U.S. NUCLEAll MOULATORY COMMISSION FOIA RESPONSE CONTINUATION t

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Re F0!A 91 APPEN0!X 1 RECORDS MAINTAINED IN THE POR UNDER THE ABOVE REQUEST NUM8 M ER DATE. DESCRIPTION

1. 2/14/86 Case Chronology (g p.g.)
2. Undated Investigation Status Record (1 page)
3. 2/14/86 Investigative Plan (1 page)
4. Undated OIMIS Data Entry Form (1 page)
5. 2/14/86 Memo from Herr to Martin (1 page)
6. 2/14/86 Memo from Herr to Martin (1 page)
7. 3/7/86 Memo from Herr to Martin (1 page)
8. 3/7/86 Title Page to ROI (1 page) e 1

Re: F0IA 87 - 91 APPEN0!X 1 RECORDS MAINTAINED IN THE POR UNDER THE A80V _ REQUEST NUM NUMBER DATE DESCRIPTION

1. 2/14/86 case Chronology (1 page)
2. Undated Investigation Status Record (1 page)
3. 2/14/86 Investigative Plan (1 page)
4. Undated OIMIS Data Entry Form (1 page)
5. 2/14/86 Memo from Here to Martin (1 page) 4 6.

2/14/86 Memo from Herr to Martin (1 page)

7. 3/7/86 Memo frow Herr to Martin (1 page)
8. 3/7/86 Title Page to ROI (1 page)

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Re: FOIA- 87 -

91 APPENDIX C RECORDS MAINTAINED AMONG PDR FILES NUMBER DATE DESCRIPTION

1. 11/13/86 Memorandum from V. Noonan to Comanche Peak ASLBP members regarding: Assist in Review of TUGC0 Investigation -

(Case NO. A4-86-003 - Board Notification 86-22) 3 pages ANO 8611170012 I

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Re: FOIA _87 -

91 APPENDIX D RECORDS PARTIALLY WITHHELD NUM8ER DATE DESCRIPTION & EXEMPTION

1. 12/2/85 Allegation Data Input - Comanche Peak, Withhold in part 50-445/446, anonymous caller to M. pursuant to 10 CFR Emerson. A4-86-003 (1 page) 9.5(a)6, personal privacy F0IA Exemption 6
2. 12/2/85 Handwritten note, unsigned (1 page) Same as above
3. 12/2/85 Allegation Review Form, case No. 4-85-A- Same as above 123, Anonymous Walkdown Engineer (1 page)
4. 12/16/85 Handwritten note, unsigned (1 page) Same as above
5. 12/17/85 Memorandum, T. F. Westerman to Mark Same as above Emerson, subject: " Allegation 85-A-123 (Anonymous Allegation)" (1 page)
6. 1/31/86 Memorandum, Robert D. Martin, RIV, to Same as ateve Richard K. Herr, OIRIV, subject: " Request For Investigative Assistance During Upcoming Comanche Peak Inspection" 4-85-A-123 (1 page) l 1
7. 4/16/86 Allegation Review, 4-85-A-123 "H&I" Same as above (1 page) -
8. Undated Memorandus, Mark Emerson to File Same as above 85-A-123, subject: " Receipt of )

Anony sus Allegation" (1 page)

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9. Undated Handwritten note, unsigned (1 page) Same as above l

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Re: F0IA- 87 -

91 APPENDIX 0 RECORDS PARTIALLY WITHHELD NUM6ER DATE

_ DESCRIPTION & EXEMPil0N

10. Undated Details of Assist (3 Pages) Exemptions 6. and 7C
11. Undated Page 2.of Investigative (2 pages) Exemotions 6. and Assist with changes made, 7C datad 3/7/86 t

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Re: FOIA- 87 91

,. APPENDIX' E __

RECORDS TOTALLY WITHHELD NUMER DATE-DESCRIPTION F0IA EXEMPTION

1. 2/18/86 Handwritten investigator's notes (3 pagee) Exemptions 6, and 7C l

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o h Re: FOIA- 87 -

91 APPENDIX D RECORDS PARTIALLY WITHHELD NUM8ER DATE DESCRIPTION & EXEMPTION

1. 12/2/85 Allegation Data Input - Comanche Peak. Withhold in part 50-445/446, anonymous caller to M. pursuant to 10 CFR Emerson. A4-86-003 (1 page) 9.5(a)6, personal privacy F0IA ,

Exemption 6

2. 12/2/85 Handwritten note, unsigned (1 page) Same as above
3. 12/2/85 Allegation Review Form, case No. 4-85-A- Same as above 123, Anonymous Walkdown Engineer (1 page)
4. 12/16/85 Handwritten note, unsigned (1 page) Same as above
5. 12/17/85 Memorandum, T. F. Westerman to Mark Same as above Emerson, subject: " Allegation 85-A-123 (Anonymous Allegation)" (1 page)
6. 1/31/86 Memorandum, Robert D. Martin, RIV, to Same as ateve Richard K. Herr, OIRIV, subject: " Request For Investigative Assistance During Upcoming Comanche Peak Inspection" 4-85-A-123 (1 page) 7 .' 4/16/86 Allegation Review, 4-85-A-123. "H&I" Same as above (1 page)
8. Undated Memorandum, Mark Emerson to File Same as above 85-A-123, subject: " Receipt of Anonymous Allegation" (1 page)
9. Undated Handwritten note, unsigned (1 page) Same as above

- s Re: F01 A- 87 -

91 APPENDIX 0 RECORDS FARTIALLY WITHHELD NUM8ER DATE DESCRIPTION & EXEMPTION

10. UnJaced Details of Assist (3 Pages) Exemptions 6. and 7C
11. Undated Page 2.of Investigative (2 pages) Exemptions 6. and Assist with changes made, 7C dated 3/7/86 t

GOV 5RNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Avenue, N.W.. Suite 202 Washington, D.C. 20036 (202)232-8550 GOVERNMENT ACCOUNTABILITY PROJECT MIDWEST OFFICE 3424 MARCOS LANE APPLETON, WISCONSIN 54911 January 29, 1987 FREEDOM OF INFORMATION ACT REQUEST M4 OF INFCHMATION ACT REQUEST Director Office of Administration [C{ .p g/

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U.S. Nuclear Regulatory Commission Washington D.C. 20210 kl g

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TO WHOM IT MAY CONCERN:

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, the Government Accountability Project (GAP) requests copies of any and cll agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calanders, tapes, transcripts, summaries, interview: reports, procedures, instructions, engineering analyses, drawings, files, graphs; charts, maps, photographs, cgreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer runoffs, any other data compilations, interim and/or final reports, status reports, cnd any and all other records relevant to and/or generated in connection with OI Investigation (Case No. A4-86-003) discussed in Board Notification 86-22.

This request includes all agency records as defined in 10 C.F.R. 9.3a (b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NRC "offical 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, supra, 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).

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GAP requests that fees be waived, because " finding the information can be considered as primarily benefiting the general public," 5 U.S.C. 522 (a) (4) (a). GAP is a non profit, non-partisan public interest organization concerned with honest and open government.

Through public outreach, the Project promotes whistleblowers as agents of government accountability. Through it Enviromental Whistleblower Clinic, GAP offers assistance to local public interest and citizens groups and intervenors in the concern for safety at nuclear power plants.

We are requesting this information as part of an ongoing monitoring project of the NRC's efforts to protect public health and safety at and near nuclear processing plants and radioactive waste facilities.

For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld. The index should provide e detailed justification of your grounds for claiming each exemption, explaining why each exemtion is relevant to the document or portion of the document withheld. This index is required under Vaughn v. ,

Rosen (I), 484 F2d 820 (D.C. Cir. 197.3), cert. denied, 415 U.S. 977 (1974).

We look forward to your response to this request within ten (10) working days.

Sincerely,

()$h WGO Linda Bauman FOIA Coordinator Midwest Office Responses to this request should be mailed to :

l Government Accountability Project Midwest Office ,

3424 Marcos Lane l Appleton, Wisconsin 54911 i

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