ML20214H653
| ML20214H653 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1987 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Bauman L GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-87-93, FOIA-87-A-21 NUDOCS 8705270451 | |
| Download: ML20214H653 (1) | |
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,d, UNITED STATES e
7.
NUCLEAR REGULATORY COMMISSION E.
I wAsmwo1 row. o. c. 20ess
\\.....j MAY 21 ggg7 Ms. Linda Bauman Government Accountability Project Midwest Office IN RESPONSE REFER 104 E. Wisconsin Avenue TO F01A-87-A-21 1
/ppleton, WI 54915-8605 (F01A-87-93)
Dear Ms. Bauman:
This is in response to your letter dated April 16, 1987, in which you appealed Mr. Donnie H. Grimsley's form response dated April 9, 1987.
Mr. Grimsley's form response denied two documents subject to your Freedom of Information Act (F0IA) request for copies of all documents related to the December 23, 1986 letter to Billie Garde from V. Stello regarding Rockbestos Cable.
Acting on your appeal, I have carefully reviewed the record in this case and have determined that the previously withheld information will continue to be 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. Your appeal is, therefore, denied.
The two documents are drafts that contain advice, opinions, and recommendations of the staff and were prepared in the course of reaching a final agency decision. Exemption (5) was intended to permit the agency's withholding of such documents to preserve the free and candid internal dialogue necessary for the careful formulation of agency decisions.
This is a final agency decision. As set forth in the FOIA (5 U.S.C.
552(a)(4)(B)), judicial review of this decision is available in a district court in the district in which you reside or have your principal place of business or in the District of Columbia.
Sincerely,
/
/
r Stel
,J Executive Director for Operations g52 1 870521 BAUMAN87-A-21 PDR.
o, GOVERNMENT ACCOUNTADILITY PROJECT
^ 1555 Connecticut Avenue, N.W.. Suite 202 (202)232-8550 Washington. D.C. 20036 GOVERNMENT ACCOUNTABILITY PROJECT MIDWEST OFFICE 3424 MARCOS LANE APPLETON, WISCONSIN 54911 January 29, 1987 fM.EDM4 OF INFORMsTDpt FREEDOM OF INFORMATION ACT REQUEST ACT REQUEST f () (([ j(
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Director Office of Administration f
U.S.
Nuclear Regulatory Commission d At /C3 2 -/O
,p 2 Washington D.C.
20210 TO WHOM IT MAY CONCERN:
Pursuant to the Freedom of Information Act (FOIA), S U.S.C.
- 552, the Government Accountability Project (GAP) requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calanders, tapes, transcripts, summaries, interview reports, proced:*res, instructions, engineering analyses, drawings, files, graphs; charts, maps, photographs, agreements, 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, and any and all other records relevant to and/or generated in connection with a letter dated December 23, 1986 from the Nuclear Regulatory Commission, signed by Victor Stello, Jr.,
Executive Director for Operations, regarding Rockbestos.
This request includes all agency 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 destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, an/or issued in order to implement the action (s).
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 4
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 l i
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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 a 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. 1973), cert. denied, 415 U.S.
977 (1974).
We look forward to your response to this request within ten (10) working days.
Sincerely, V
9 UMGJ7 Linda Bauman FOIA Coordinator Midwest Office Responses to this request should be mailed to :
Government Accountability Project Midwest Office 3424 Marcos Lane Appleton, Wisconsin 54911 n
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- A-87-93 osuss.n
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RESPONSE TO FREEDOM OF i,
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INFORMATION ACT (FOIA) REQUEST APR S W ooc.c %.vete s n -,,
f EQutstia Ms. Linda Baurean PART I -RECORDS RELEASED OR NOT LOCATED ISee checaea co,es.
No agency recors subact to the west have been located No addetonal agency records si.bget to the request have been located X
Agency records meject to the recast that are identated in Appendia A
are already availabee for pubhc irspecten and coccas m the NRC Put6c Occument acom.
17t7 H Street. N W, Wasmington. OC X
Agency records subsect to the request that are identrfed e Appendia - 8 are being made availabie for puche espection and copying in the NRC Pubhc DocWet Coom.1717 H Street. N W. Washington. DC. m a folder under the FOIA numcor and recuester name The nonproprietary version of the proposansi that you agreed to accept in a te;ecnone coeve<sation with a member of my sta" e now beeg made avaiable for pubhc rapection and coving at the NRC Pubhc Document Room.1717 H Street. N W. WasNoston. OC e a foider under this FOIA nurtier and reques er name Enclosed e informaten on ho* you rnav obtain access to and the charges for copying recores placed in the NRC Pubhc Docu eat Room.1717 H Street. N W. Washegten DC Agency records strect to the reauest are enclosed. Any apphcable cha go for copes of the records o'owided and paywat procedures are noted m the comments sectice Cecords subsect to the request have been referred to another Federal agencytess for review and direct response to you in view of NRC's response to the request. no further acten is being taken on appeal leiter dated PART 18 A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain eformaton in the requeswd records e being withheld from pubhc d.scicsure pursuant to the Fol A esemptions desented in and for the reasons stated m Part ti sec.
tions 8. C. and O. Any released portens of the documents for which only part of the record 4 being wohheld are beq made avadable for pubhc anspecten and copyeg et X
the NRC Pubhc Document Room.1717 H Street. N W. Washington. OC. in a folder under this FOIA number and requester name Comments Additional documents relative to your request have already been made available at the NRC Public Document Room (PDR).
These documents have been filed in POR folder F01A-84-441 under the name of Garde, y ~a r. - Jmmg Q f f j { vy n iw sic [mt. DiatCYoa. Div' roh 08 ANDmiconos hY i
NRC F!RM 404 6 Pen e 19 eli
87-93 F;EEDLM CF l%FORMATi!N ACT RESPONSE so a...veta S APA 3 m
- .i PATsf 113 - FMLICA BLE FOtt. E NE MPTIO_NS C
Onords 5.:cct to the request tMt are described e the snclosed Appendicts tre be e 9
- mheid in ther Enticity or in prrt under FOIA Egermp'.r.,*,3 and for the reasons set forth below pursuant to 5 U S C. 552tbi and 10 CFR 9 Stal of NRC Re;. at ons 1 The -- edd information e property ciassied pumaat to Ene uv =e Orcer 1235E EsEVPTION 18 2 T>e a-"eid informaten relates soleiv to the eteaai pe sonnei ruiet aad procewes of NRC IEXEVptiON 2s i
3 The e-- e6d eformation e specifically eserected from ps.Di.c disclosu e by statu'e.ed.cated IExEVPTION 3 r
Secx-141.ta5 of the Atomic Energy Act w ich proh.b.ts the o sceosu e of meso.cted Data or Formerfy Restr.c ee Osta i42 U S C 21612'65:
a r
1 1
! Socicn 147 of the Atomic Energy Act whch prohetzts Pe disclos.re of UnclassAed Safeguards leformation sa2 '. $ C 2167) i i
4 The e-- eid information e a trade secret or commerc.ai or financ.a' eformation taat is being witSheid for the reasce s.edicated tExtVPTION di The **ormation e5 Coeside'ed to be conf.dentaal tNsecess iprop eta yl informaten N.-*ormaten is cons 4ered to be prope.etary informat.on purs6 ant to 10 CFR 2 790f dH t!
-*e e*ormaten was submitted and receved an confidence from a fore.gn source pu suant to.0 CFR 2 7904d i2 r
5 The * ---ed eformaten coesists of eteragency or intrugency rec vos that are not ava lable through d.scovery du ; ht gaten Osclosure of predecrs.onal informaten r
X wose tend to enhibit the open and frant enchange of ideas essent.at to the debe anve process Where records a e a--reid e their ent.rety. the facts are centricabey inter
- weed with the predeceanal eforenatea. There arno are no rusonably seg egabie factual portens because the reease of the facts would permit an indrwt equiry eto the predeceonal process of the agency IExEMPTiON 51
- 6. The wr-*eid eformanon a enempted from public draciosure because its disclosu e would result e a clearty unwarramed evas.on of personal privacy. (?xEMPTION 61 r
- 7. The w --aeid eformaten conents of evestigatory records comoded for law enforcement purposes and a being wit **e o for the reasonis) indicated (EXEMPTION 7)
' Decesure would etervere with an enforcement proceeding because it could reveal the scope. detecten, and focus of enforcement e' forts and thus could poencry anow them to take acten to shead potect.a' wrongdoing or a volation of NRC reouvements from evesy,ators IExtMPTION 7tAH Oocusure woved constitute an unwerranted evasen of personal onvecy aExEMPTION 7tCH The Mormaten consists of names of edmduals and other eformaten the desctosure of which woud reve9.dentaes of conf.dential sources itxEMPTION 7t.M PART 11 C-DENYING OFFICIALS Pursuant *o tC *FR 9 9 and.or 915 of the U $ Nucinar Regulatory Cornmessen regulatens a has been dete m red that the efo-aten withhed e esempt from producten or disclosu e e
r and thas r:s predeten or dectosure e contrary to eie puoi.c eterest The persons respoes.bie for the demal a e those oM.cas centifed below as denyeg officiais and the Dwettor.
Deve.on or R..es and Records. OMee of Admestraten, for any demals that may be appesied to the Esecutve Detector for Operatens stoon DE%* NG OFFICIAL TITLE OFFICE RECOROS DENIED APPELLATE OFFICIAL Director Off1Ce Of s
- secantaa, eoo Mr. James M. Taylor Inspection & Enforcement Appendix C-le C-2 X
PART Il O-APPEAL RIGHTS The deruas by each denying official identsfied in Part it.C may be appealed to the Appettate Officialidentified in that section. Any such appeal must be in wnting and must be made within M deys of receipt of this response. Appeals rnust be addressed as apprognate to the Executive Director for Operations or to i
the Secreta y of the Commason, U.S. Nuclear Regulatory Commission, Washington, DC 20566. and should clearty state on the envelope and in the letter that it e an Appeal from an Inftel FOIA Decision."
seRc PORw ama < Pert II U.S. NUCLEAR REGULATORY COMMISSION foes.
FOIA RESPONSE CONTINUATION
's. -
Re: F0lA-87-93 APPENDIX A 1.
2/28/84 Memorandum for Le f rom Klinger, re: Rockbestos Cable. (20 pages)AN0: 8501240119 2.
9/6/84 QA Program Inspection Report 99900277/84-01. (22 pages)
ANO: 8410110515 3.
1/30/85 QA-Program Inspection Report 99900277/84-03. (11 pages)
ANO: 8502210142 4.
4/18/85 QA Program Inspection Report 99900277/85-01. (11 pages)
AN0: 8504230497 5.
4/19/85 Notice of nonconformance. (2 pages) ANO: 8504230491 6.
10/3/85 QA Program inspection Report 99900277/85-02.(21pages)
AN0: 8510210027 7.
2/24/86 QA Program inspection Report 99900277/86-01. (10 pages)
AN0: 8602280167 i
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Re: F01A-87-93 2
i APPENDIX B.
i.
1.
11/24/86 Letter from Garde to Stello, re: Electrical Equipment Qualification, Rockbestos Cable. (2 pages) l 4
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s Re: F01A-87-93 APPEhDIX C 1.
Uncated Draft answer to " Question 2." (1 page) 2.
Undated Draft answer to " Question 2." (1 pace)
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