ML20214A388

Seventh Partial Response to FOIA Request.Forwards Portions of Documents.Portions of App E Documents Withheld (Ref FOIA Exemption 7)

ML20214A388
Person / Time
Site:	Diablo Canyon
Issue date:	05/14/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20214A391	List: ML20214A388 ML20214A458 ML20214A550
References
FOIA-84-21 NUDOCS 8705190435
Download: ML20214A388 (3)

Text

U.S. NUCLEAR CE!ULATORY C!MMISSION N;c roa rtout$r Nuwstwp '

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1. I# RESPONT: E TO FREEDOM CF 1J O l'* NC'"' 9 g

eeeee f' INFORMATION ACT (FOIA) REQUEST gy}.1ggy DOCKET NUM0EfhSi ut sponceael

'~""" URDE, niLLE '7 ' I FC- 9 5 UU 3 PART 1.-RECORDS RELEASED OR NOT LOCATED (See checaed bonest I-No agency records s%ect to the request have been located No additional agency records subsect to the request have been located.

AQancy records subrect to the request that are identified in Appendix are already available for public inspecten and copying in the NRC Public Document Room, 1717 H Street, N W., Washington, DC.

Agency records subsect to the request that are identdied in Appendix are bemg made available for public especten a,sd copying in the NRC Public Document Coom,.1717 H Street, N W., Washington. DC, e a folder under the FOIA number and requester na,ne.

The nonpropnetary versson of the proposalls) that you agreed to accept m a telephone conversateon with a member of rr'y staff is now bemg made avalabie for public inspection and coying at the NRC Public Document Room 1717 H Street, N W . Washington, DC. m a folder under this FOIA number and requester name.

Enclosed as informaten on how you may obtain access to and the charges for copying records placed m the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

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

Tocords subsect to the request have been referred to another Federal agenrybest for review and direct response to you.

In view of NRC's response to thes request, no further acton is being taken on appeal letter dated PART 18.A-INFORMATION WITHHELD FROM PU8LIC DISCLOSURE Certain informaton in the requested records as bemg withheld from public disclosure pursuant to the FOIA enemptons descnbod in and for the reasons stated in Part II, sec-t.ons B. C, and D. Any released portions of the documents for which only part of the record is being withheld are bemg made avadable for public inspectaon and copying in the NRC Public Document Room.1717 H Street. N.W . Washmaton. DC, in a folder Wer this FOIA number and requester name.

Comments sic Am Eqrom.OnOSc . . LES aND RECORD $

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F1EEDOM OF INFOAMATION ACT C ESPONSE FOIA NUMBERISL  ! DATE MAY 14 m e PAMT ll 8- APPLICA!LE FOIA EXEMPTIONS RecorIfs subsect to'the request that are described in the enclosed Appendices _ - are being withheld in their entirety or in part under FOIA Esempt ons 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 wthheld mformaton a properly classefed pursuant to Executwo Order 12356 (EXEMPTION 11

2. The whhheld informatson re'ates solely to the intamal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The wthheld information is specifically esempted from public disclosure by statute indicated- (EXEMPTION 3)

Secten 141-145 of the Atome Energy Act which prohibits the disclosure of Restncted Data nr Formody Restncted Data 442 U.S.C. 2161-21651.

Socison 147 of ste Atomac Energy Act whch prohibits the J4 closure of Unclassefed Safeguards Informaton (42 U S.C. 2167).

4. The withheld information is e trade secret or commercial or fmancial informaten that a bemg withheid for the reason (s) in$cated: (EXEMPTION 4)

The information is considered to be confidential business lpropnetaryl information.

The informaton is considered to be proprietary informaton pursuant to 10 CFR 2.790td41).

The informaten was submitted and recewed in confidence from a fore.gn source pursuant to 10 CFR 2.790tdH2).

5. The withheld information consists of interagency or intraagency records that are not available through descovery dunng litigation. Onclosure of predecisional information would tend to inhabit the open and trank exchange of edeas essential to the deliberative process. Where records are wthheld in their entirety, the facts are aneutncably mtertwmed wth the ,iredecisenal anformaten. There also are no reasonably segregable factual portions because the release of the facts wasid permet an mdirect mquery into tne predecisenal process of the agency. tEXEMPTION 58

6. The wthheld information e exempted from public disclosure because its disclosure would result in a clearly unwarranted invason of personal pnvacy. (EXEMPTION 61 7

7. The withheld information conssts of investigatory records comp 3ed for law enforcement purposes and is bemg ethheld for the reason (s) mdicated (EXEMPTION 7)

Desclosure would interfere with an enforcement prcceedmg because it could reveal the scope, directen, and focus of enforcement efforts. and thus could possibly allow them to take action to sheid potential wrongdomg or a violation of NRC requirements from investigators. (EXEMPTION 7(A))

Osclosure would constitute an unwarranted mvason of personal pnvacy (EXEMrTION 7(Cl)

The information consists of names of indwiduals and other information the desclosure of whch would reveal identities of confidential sources. (EXEMPTION 7(01)

PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and for 9.15 of the U S. Nuclear Regulatory Commason reguletons, it has been determmed that the mformaton wthheld e exempt from producten or disclosure, and that its producten or disclosure e contrary to the public mterest. The persons responsible for the denial are those officials identified below as denyi ig offcials and the Director, Oswision of Rules and Records. Office of Admmestraten, for any denials that may be appealed to the Executwe Director for Operatens stoot DENYING OFFICIAL TITLE (OFFICE RECORDS DENIED APPELLATE OFFICIAL SECWA" E%

f 5 0Chf 0 b D QOh & b T Nf W f 10dki SrNARild RaGrcu Z APP w obl E - '>c fCf?TICMS PART 810- APPEAL RfGHTS 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 dag 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 clearty state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

senc Fonaa eseiPo,t a U.S. NUCLEAR REGULATORY COMMISSION

• • si FOIA RESPONSE CONTINUATION

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Re: F01A-84-21 (Seventh Partial)

APPENDIX E ,

PORTIONS OF RECORDS WITHHELDL DATE DESCRIPTION EXEMPTION

1. 1/17/84 Summary of Special Inspection -

Related Information (1 page) 7D

2. 3/7/84 Memo from Kirsch to Allegation Tracking 70 System File No. RV-83-A-0046 re:

H.P. Foley - Resolution of These NRC's and Intimidation Issue - Portions deleted (2 pages) w/following attachments:

a. Five Nonconformance Reports Denied 7D in Entirety (6 pages)

b. 10/20/83 - Facsimile Transmittal ,

Request - Release (1 page) +

c. Memo from Bishop to Eisenhut re:

Recommendation for Diablo Canyon Board Notification Regarding Allegations Received October 19, 1983 -

Release (1 page)

3. 3/15/84 Problem Statement Allegation 7C & 7D

1. 20-RV-83-A-0018(2pages) i t

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GOV.ERNMENT ACCOJC AKITY PROJEG

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• O c". D C 20000 (202,2 N G January 9,1984 HAND-DELIVERED 9 January 1994 FREEDOM OF INFORMATION ACT REQUEST Director Fora -24 al Office of Administration U.S. Nuclear Regulatory Commission ka,. g / -/ o -P /

Washington, D.C. 20555 To Whom it May Concern:

Pursuant to the Freedom of Information Act (F0I A), 5 U.S.C. 5552, the Government Accountability Project (GAP) of the Institute for Policy Studies, requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, craf ts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, draw-ings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, and any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with the Safety Evaluation Report related to the operation of the Diablo Canyon Nuclear Power Plant, Units 1 and 2, NUREG-0675, Supplement No. 21 (December,1983)

("SSER 21"). This includes, but is not limited to, any and all NRR regulations, calculations, and judgments used to evaluate any of the allegations referred to in SSER 21. We request that each responsive document be identified by the allega-tion number (s) to which it may relate.

If any of the material covered by this request has been destroyed and/or removed, please provide all surrounding documentation, including but not limited to a des-cription of the action (s) taken, relevant date(s), and justification (s) for the action (s).

GAP requests that fees be waived, because " finding information can be considered as primarily benefitting the general public," 5 U.S.C. 5552(a)(4)( A). The Government Accountability Project is a non-profit, non-partisan public interest organization concerned with honest and open government. Through legal representation, advice, national conferences, films, publications and public outreach, the Project promotes whistleblowers as agents of government accountability. Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups who seek to ensure the health and safety of their communities. The Citizens Clinic is currently assisting citizens groups in the California area concerning the Diablo Canyon Nuclear Power Plant.

For any documents or portions that you deny due to a specific F0I A exemption, please provide an index itemizing and describing the documents or portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the docunent withheld. This index is required under

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O vaop.r. v. Roser. (1), 484 F.2d 020 (D.C.Cir.1973), cert. denied, 415 U.S. 977 (1974.

We look forward to your response to this request within ten days.

Very truly yours.

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Billie Pirner Garde Citizens Clinic Director BPG:me

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