ML20214C801

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Partially Withheld Memo Forwarding Comments on Ofc of Inspector & Auditor Draft Rept, Review of Various Aspects of NRC Relationship W/Doe, Per 851212 Request
ML20214C801
Person / Time
Issue date: 01/22/1986
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Connelly S
NRC OFFICE OF INSPECTOR & AUDITOR (OIA)
Shared Package
ML20214C749 List:
References
FOIA-86-53, FOIA-86-54, FOIA-86-55, FOIA-86-A-207, FOIA-86-A-207C NUDOCS 8611210245
Download: ML20214C801 (1)


Text

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  • j JAN 2 21986 MEMORANDUM FOR:

Sharon R. Connelly, Director l Office of Inspector and Auditor i FROM:

Victor Stello, Acting Executive Director for Operations

SUBJECT:

" REVIEW OF VARIOUS ASPECTS OF NR RELATIONSHIP WITH THE DEPA This is in response to your December 12, 1985 consnents on the subject report. memorandum requesting our Our conenents attached. on each of the report's recommendations n the are pr Original signed by Victor Stello Victor Stello Acting Executive Director for Operations

Attachment:

As stated

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  1. 'o,, UNITED STATES

! o NUCLEAR REGULATORY COMMISSION i I wAss NGTON, D. C. 20555

\ . . . . . +*l OCT 011996 Ms. Billie Pirner Garde Government Accountability Project IN RESPONSE REFER 1555 Connecticut Avenue, NW, Suite 202 TO F01A-86-53, F01A-86-54, Washington, DC 20036 AND F01A-86-55

Dear Ms. Garde:

This is in further response to your letters dated January 13, 20, and 27,1986, which were received in this office on January 28, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), documents generated or prepared by Victor Stello since his appointment as Acting Executive Director for Operations. In a telephone conversation with Carol Ann Reed of my staff on January 28, 1986, you narrowed the scope of your requests to 1) handwritten and typed notes of V. Stello; 2) notes and correspondence dictated by V. Stello; 3) records reflecting V. Stello's decisions and coments, and the records upon which the decisions and coments were based; 4) correspondence and other records prepared by V. Stello's staff which carry out a V. Stello directive; and 5) SECY papers signed by V. Stello.

On Appendix J enclosed with my letter to you dated August 12, 1986, I indicated that the first enclosure to document J-8 was referred to the Office of Manage-ment and Budget (OMB) for review. The OMB has responded to NRC, and this document is now being placed in the NRC Public Document Room (PDR), 1717 H Street, NW, Washington, DC 20555 in folder F0!A-86-53.

Portions of the documents listed on the enclosed Appendix N are being 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 Comission's regulations. The withheld infonnation consists of drafts or other documents containing advice, opinions, and recomendations. Release of this type of information would tend to inhibit the frank and candid exchange of information in future deliberations and thus would not be in the public interest. The nonexempt portions of these documents are being placed in the PDR in folder F01A-86-53 in your name.

Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been detennined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for the denial of documents N-1, N-2b, N-21, N-2j, and N-2k in whole or in part is Mr. Victor Stello, Jr., Executive Director for Operations. The person responsible for the denial of documents N-2c and N-2d is Ms. Sharon Connelly, Director, Office of Inspector and Auditor.

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Ms. Garde These denials may be appealed to the Secretary of the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed 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."

The review of additional documents subject to your requests is continuing. As soon as our effort is completed, we will notify you.

Sincerely, bEs )h Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated i

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F01As-86-53, 86-54, & 86-55 l

1 APPENDIX N

1. 01/23/86 Memo for S. Chilk from B. Hayes re: 01 Investigation Thresholds and Priorities (Com TR-85-7) (Memo-Release; Note - EX 5) (2 pages),
a. 10/29/85 Memo to B. Hayes from S. Chilk re: 01 Investigation Thresholds and Priorities (Release) (1 page).
b. 01 Investigation Thresholds and Priorities (COMTR-85-7)

(Release) (6 pages).

c. 11/21/85 Commission Paper from W. Dircks re: Thresholds and Priorities for Conducting Investigations (Release) (5.pages).
d. Appendix, Guidance for Initiation, Establishment of Priorities and Termination.of Investigations (Release) (4'pages).
e. 07/05/85 Memo for H. Denton, J. Davis, J. Taylor, T. Murley, N. Grace, J. Keppler, R. Martin, and J. Martin from W. Dircks re: Procedure for Requesting 01 Investigations (Release)

(2pages).

f. Request for Investigation (Release) (3 pages).
g. 08/26/85 Memo for Chairman Palladino from B. Hayes re:

< Investigation Threshold Levels and Priorities (Release)

(5pages).

2. 12/13/85 EDO Principal Correspondence Control #001256, Desc Request Coments on Draft DIA Report, " Review of Various Aspects of ith the Department of Energy", due date:

NRC'sRelationshipw(1page).

01/10/86(Release)

a. 12/12/85 Memorandum for William J. Dircks, from Sharon R.

Connelly,

Subject:

Review of Various Aspects of NRC's Relationships with the Department of Energy (Release)

(1page).

b. 12/12/85 Memorandum for William J. Dircks, From Sharon R.

Connelly,

Subject:

Review of Various Aspects of NRC's Relationships with the Department of Energy (MEMO-Release; Note-EX5)(1page),

c. Undated draft for Chairman Palladino, Comissioner Roberts, Comissioner Asselstine, Comissioner Bernthal, Comissioner Zech, from Sharon R. Connelly,

Subject:

Review of Various Aspects of NRC's Relationships with the Department of Energy (EX 5) (2 pages).

d. Report - Review of Various Aspects of NRC's Relationship with the Department of Energy (EX 5) (25 pages).
e. 9/24/84 Memorandum for Regional Administrators, et al. from Darrell G. Eisenhut, Director,

Subject:

OL Review Management Report (Release) (1 page).

f. 9/24/84 Memorandum for Regional Administrators et al., from Darrell G. Eisenhut,

Subject:

OL Review Management Report (Release) (1 page).

g. 9/24/84 Memorandum for Regional Administrators, et al., from Darrell G. Eisenhut,

Subject:

OL Review Management Report (Release) (1 page).

h. 5/2/85 Memorandum for William J. Dircks, from Thomas E. Murley,

Subject:

DOE Talk with Region I Resident Inspectors (Release)

(1page).

i. 1/22/86 Memorandum for Sharon R. Connelly, from Victor Stello, Jr.,

Subject:

OIA Draft Report " Review of Various Aspects of NRC's Relationship with the Department of Energy" (EX 5)

(2pages).

j. Report - Recomendations and Responses Draft DIA Report

" Review of Various Aspects of NRC's Relationship with the Department of Energy (EX 5) (2 pages),

k. 1/10/86 Memorandum for Sharon R. Connelly, from N. J.

Palladino,

Subject:

Review of Various Aspects of NRC's

' Relationships with DOE (Memo-Release; Notes-EX 5) (2 pages).

. GOVERNMENT ACCOUNTADILITY PROJECT 1555 Connecncut Avenue, N.W., Suite 202 Washington, D.C. 20006 (202)232-8550 January 13, 1986 FREEDOM OF INFORMATION ACT Director Office of Administration FRE % y ,

Nuclear Regulatory Commission g gg MATION Washington, D.C. 20555 To Whom It May Concern:

h NT Q ,,

h fyhh Pursuant to the Freedom of Information Act ("FOIA"). 5 USC section 552, the Government Accountability Project (GAP) and the Trial Lawyers for Public Justice (TLPJ) request copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, policy discussion papers, recommenda-tions, SECY papers, telephone messages, voice recordings, and any other information compilation or issuances and any and all other records or reports generated or prepared by Victor Stello beginning with his appointment as Acting Executive Director.

This request should be broadly construed to include all the daily activity logs of Mr. Stello, and any documents generated by his office staff and over which he excercises control. We expect that this request will produce records of all meetings Mr. Stello has with any industry representatives, such as representatives of NUMARC, or the Atomic Industrial Forum including all records of conversations with Mr. Stello's predecessor.

This request includes all agency records, whether they currently exist in the NRC official," working," investigative or other residences.

files, or at any other location, including private If any records as defined in 10 C.F.R. 9.3a(b) and the NRC i

manual, 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).

GAP and TLPJ request that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 USC section 552 (a) (4) (a) . GAP is non-profit, non-partisan public interest organization concerned with honest and open government. Through public outreach, the Project yy 4i p pv .,. } Y (b ! O &(L

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,1 January 13, 1986 Page Two promotes whistleblowers as agents of government accountability.

The Trial Lawyers for Public Justice's Citizen Legal Clinic is also a non-profit, public interest group which assists individuals throughout the country to right intentional or unintentional wrongs caused by the actions of others. TLPJ is assisting citizen intervenors in several cases now before the NRC.

We are requesting the above informatilon as part of an ongoing monitoring project on the adequacy of the NRC staff's performance of their responsibilities in protecting public health and safety.

For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and derscribing the documents or portions of documents withheld. The iindex 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 document withheld.

This index is required under Vaughn v. Rosen (I), 484 F.2d.

section 820 (D.C. Cir. 1973), cert. denied, 415 U.S. section 977 (1974).

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

Siphcerely W -_

Billie Pirner Garde BPG:41901

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