ML20213F935

Partial Response to FOIA Request.Forwards App F Document & Weld Allegations.App G Documents Partially Withheld (Ref FOIA Exemption 6)

ML20213F935
Person / Time
Site:	Midland
Issue date:	05/08/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20213F939	List: ML20213F935 ML20213F973
References
FOIA-85-213 NUDOCS 8705180047
Download: ML20213F935 (4)

Text

U.S. NUCLEAR RE*,,ULATORY COMMISSION Nac toia stoutsi Nuvetnis,

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e INFORMATION ACT (FOlA) REQUEST Docatt NuM8ERiS8 W aarwsoet 1987 REQUESTER Ms. Billie P. Garde ~

PART 1.-RECORDS RELE ASED OR NOT LOCATED (See checked bones) _

No agency records subrect to the request have been located.

No additonal agency records sobrect,to the request have been located.

Agency records subsect to the request that are identded in Appendia are already avadable for public inspection and copymg in the NRC Public Document Room, 1717 H Street, N W., Washington, DC.

Agency records sobrect to the request that are identifed in Appendia F a,e be,ng made a,aiiabie ,,, pubiic msp.cion and copyeg in the NRC Public Document 7.oom,1717 H Street, N W., Washengton, DC, in a folder under the FOIA number and requester name.

The nonproonetary version of the proposaltsi that you agreed to accept in a telephone conversation with a member of my staff is now be.rq made avaistle for public inspection and coymg at ths NRC Pubhc Document Room,1717 H Street, N W , Washmgton, DC, m a foider under this FOIA number and requester name.

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

Agency records subre ct to the re@est are enclosed Any apphcable 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 agencyGes) for review and direct response to you.

In vow of NRC's response to this request, no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELO FROM PUBLIC DISCLOSURE Certain informaton in the requested records is bemg withheld from public disclosure pursuant to the FOIA exemptions descnbod in and for the reasons stated in Part 11 sec-tons 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 X ihe NRC Pubhc Documeni Room. i7i7 H street. N w., washmgton. DC. m a foide, under this FOIA rumber and requester name.

f Comments Additional records subject to this request are currently undergoing review for releasability determination. As soon as that determination has been made, we will coninunicate with you.

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PDR FOIA GARDE 85-213 PDR

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FZEEDOM CF INFIRMATl!N ACT RESPONSE FOIA NUMBERISi: F01A-85-213 om- MAY 8 g PART 11_14 - APPLICATLE FOIA EXEMPTIONS Records subject to the request that are described in the enclosed Appendices 6 are being withheld in their entirety or in part under FOIA Exemptions and for the reasons set forth below purs , ant to 5 U S.C. 552(b) and 10 CFR 9 5(a) of NRC Regulations.

1. The wthheld information as properly Classified pursuant to Executive Order 12356 IEXEMPTION 1)

2. The withheld informaton relates solely to the eternal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The withheld information is specifically exempted from pubhc dsclosure by statute indicated. (EXEMPTION 31 SOClion 141146 of the Atomic Energy Act which prohib4ts the disclosure of Restncted Data or Formerly Restreted Data 142 U.S C. 21612165L Secton 147 of the Atomic Energy Act whch prohsbits the declosure of Unclassified Safeguards informaton (42 U.S C. 2167L

4. The witnheid information is a trade secret or commercial or financial informaton that is bemg withheld for the reason (s) endecated. (EXEMPTION 4)

The informate is considered to be confidential busmess (proprietary) mformaton.

The information is consx3ered to be propnetary informat on pursuant to 10 CFR 2 790(d)(1).

The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(dH2}.

5. TM wethheld information consists of interagency or intraagency records that are not avadable through discovery dunng litigaten. Osclosure of predecisional informaton would tend to mhibit the open and frank exchange of ideas essential to the dehberative process. Where records are withheld in their antarety, the facts are mentricably mtertwmed with the predecisenal mformaton. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect mquiry mto the predecisional process of the agency. (EXEMPTION 51

6. The wthheld indormation is exempted from public disclosure because its desclosure would result in a clearly unwarranted invasion of personal pnvacy. (EXEMPTION 61

7. The withheld informaton consists of investigatory records compied for law enforcement purposes and is bemg withheld for the reason (s) indicated. IEXEMPTION 7)

Disclosure would interfere with an enforcement proceedeg because at could reveal the scope, directon, and focus of enforcement efforts. and thus could possDry allow them to take action to snioid potential wrongdoing or a violauen of NRC requirements from investigators IEXEMPTION 7(A))

Osclosure would constitute an unwerranted invasion of personal pnvacy (EXEMPTION 7(C))

The informaten consists of names of mdividuals and other information the disclosure of which would reveal identities of confidential sources. IEXEMPTION 710))

PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and tor 9.15 of the U S. Nuclear Regulatory Commesson regulatons, it has been determined that the information withheld e exempt from production or disclosure.

and that its produClion or disclosure is contrary to the pubhc interest. The persons responsible for the denial are those offcials adentified below as denying offcials and the DireC?or, Division of Rules and Records. Off ca of Administraton, for any denials that may be appealed to the Executive Director for Operations IEDot DENYtNG OFFICIAL TITLE! OFFICE RECOROS DENIED APPELLATE OFFICIAL Regional Administrator 5'ca"= '"

As Cert Davis Region III G-1 through G-3 XX PART 11 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 must 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."

NRC Fout 464 (Part 21 U.S. NUCLEAR REGULATORY COMMISSION

• asi FOIA RESPONSE CONTINUATION

RE: F01A-85-213 APPENDIX F ,

RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER

1. January 10,1985 Letter to R. Warnick from John H. Taylor, re:

-Transmitting a BNL report regarding welding allegations at the Midland Nuclear Power Plant (1 page) with attached " Report on Welding Allegations" by BNL (35 pages).

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RE: F0IA-85-213 APPENDIX G RECORDS PARTIALLY. WITHHELD l 1. . February 22,-1982 Bechtel Inter-office memo to QC Personnel File from E.-Smith, re: Job 7220/ Midland Project; Employee Counseling Session.(1 page) with attached March 8 1982 Bechtel Inter-office memo to QC File from W. . J. Creel /D. Fredianelli, re: Hidland Project, Units 1 & 2, Investigation of Undersize Weld Allega-tions4- Interface with MPQAD and NRC (2 pages)

2. . March 3,1982 Memo for Region III. Files from James E. Foster, re:.

3 Additional Contact, Allegations Re Welding at Midland (Ref. Foster Memo of March 3,1982)(2pages)

'3. August 12, 1982 Transcript of Interview with Earl Kent by James Foster, i Kavin Ward, and William Key (78 pages) i i

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