ML20214K817

Responds to Appeal of Denial of FOIA Request for Documents Re Board Notification 84-149.Documents Listed on App Withheld (Ref FOIA Exemption 6)

ML20214K817
Person / Time
Issue date:	08/07/1986
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-86-213, FOIA-86-A-109 NUDOCS 8608220124
Download: ML20214K817 (2)

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AUG 7 1986 Ms. Billie Pirner Garde Director, Environmental Whistleblower Clinic Government Accountability Project IN RESPONSE REFER 1555 Connecticut Avenue, NW, Suite 202 TO F01A-86-A-109 Washington, DC 20036 (F0IA-86-213)

Dear Ms. Garde:

This is in response to your letter dated July 9,1986, in which you appealed Mr. Donnie H. Grimsley's letter dated June 10, 1986, which partially denied your Freedom of Information Act (F0IA) request for records related to the reports listed in Board Notification 84-149. You specifically appealed the denial of portions of the eight records listed in Appendix B to Mr. Grimsley's letter.

Acting on your appeal, I have carefully reviewed the record in this case and have determined that the previously withheld portions of the records will continue to be withheld from public disclosure. Therefore, your appeal is denied.

The withheld portions of the eight records, identified on the enclosed appendix will continue (5 U.S.C. 552(b)(6)) and to 10be withheld CFR 9.5(a) 6)p(ursuant to Exemption of the Commission's (6) of the F0IA regulations.

The withheld information consists of names and one address, the release of which would cause a clearly unwarranted invasion of personal privacy. I am unable to identify any legitimate public interest in the disclosure of this information which outweighs the privacy interests of these individuals.

This is a final agency action. As set forth in the F0IA (5 U.S.C. 552(a)(4)(B)),

judicial review of'this decision is available in a district court of the United States in the district in which you reside, have your principal place of business, or in the District of Columbia.

Sincerely, 7 -

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i{ctorStello,Jr.

Executive Director for Operations

Enclosure:

As stated 1

9608220124 860007 C DE -109 PDR

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FOIA-86-A-109 (FOIA 86-213)

APPENDIX

1. 8/13/85 Allegation Review, subject: Intimidation QC Inspector 4-83-A-069 (1 page)

2. 8/13/85 Allegation Review, subject: Taped Transcript 4-83-A-080

3. 8/13/65.g Allegation Review, subject: Deficiencies in Coating Program 4-83-A-073 (1 page)

4. 8/13/85 Allegation Review, subject:

Co-Workers / Discouragement 4-83-A-052' (1 page)

5. Allegation Review, subject: QA/QC Documentation.

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8/13/85 Independence of (CYGNA) and Intimidacion 4-84-A-018 (1 page)

6. 12/17/84 Letter, Richard P. Denise to ' an individual (1 page)

7. 8/13/85 Allegation Review, subject; Poor QA Practices ,

4-83-A-034 (1 page)

8. 8/13/85 Allegation Review, subject: Improprieties in Construction-Drilling through Rebar 4-83-A-013 (1 page)

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GOVERNMENT ACCOUNTABluTY PROJECT 1555 Connecticut Awnue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 March 24, 1986 FREEDOM OF INFORMAllON ACT REQUEST Mr. Donnie H. Grimsley, Director -

/3 Division of Rules and Records Office of Administration U.S. Nuclear Regulatory Commission

/fMd M.5-M Washington, D.C. 20555 Re: FOIA Requests84-779 and 86-181

Dear Mr. Grimsley:

As you know, the Freedom of Information Act (FOIA) does not specify how many days a requestor is allowed in which to file an appeal of initial agency denials. However, in light of the NRC's treatment of our March 6, 1986 appeal of FOIA 84-779 as untimely, we request that you not only reconsider the release of all documents specifically denied under your initial response, but also treat 86-181 as an entirely new request for the time period of October 1, 1984 through the present.

This request sill include all,. documents as defined by our October 1, 1984 letter and also includes our request for identification of all records which may have been or are destroyed and/or removed from the agency, and a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s); and also a request for a Vaughn index.

We look forward to your response to this request within ten -

working days.

Sincerely, 0 .

Billie P. Garde BPG:43422 l

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Ms. Billie Pirner Garde. Director Environmental Whistleblower Clinic i Government Accountability Project IN RESPONSE REFER 1555 Connecticut Avenue, N. W., Suite 202 TO F01A-86-213  :

Washington, DC 20036

Dear Ms. Garde:

This is in partial response to your letter dated March 24, 1986, in which you requested, pursuant to the Freedom of Information Act (FOIA), documents from October 1,1984, to the present which relate to the rep 3rts listed -in. Board f

Notification 84-149.

The documents listed on the enclosed Appendix A are being placed in the NRC -

Public Document Room (PDR),1737 H Street, NW, Washington, DC. You may obtain access by presenting a copy of this letter to the PDR staff or by requesting PDR folder F0!A-86-213 in your name.

Portions of the documents listed on the enclosed Appendix B are being withheld i

from public disclosure pursuant to Exemption (6) of the FOIA (5 U.S.C. 552(b)(6))

j and 10 CFR 9.5(a)(6) of the Comission's regulations. Release of this information would cause a clearly unwarranted invasion of personal privacy.

Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been detennined that the infonnation withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. Robert D. Martin, Regional Administrator, Region IV.

This denial may be appealed to the Executive Director for Operations within 30 ,

days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Esecutive Director for Operations, U.S.sNuclear Regulatory Comission, Wathingtrin, DC 20555, and shculd clearly state on the envelope and in the lettet that it is an " Appeal from an Initial.

F01A' Decision."

The search for additional documents subject to your request is continuing. As

, soon as our effort is completed, we will notify you.

Sincerely.

A4d' p Donnie H. Grimsley, Director

. Division of Rules and Records

! Office of Administration

Enclosures:

As stated Rt .-

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.g FOIA 86-213

. APPENDIX A

.1 8/13/85 Allegation Review, subject: Falsification of Civil QC Records 4-83-A-032 (1 page) 2 8/13/85 Allegation Review, subject: Falsified Inspection

• Records 4-83-A-046 (1 page) 3 8/13/85 Allegation Review, subject: Intimidation of Electrical Craft Personnel 4-83-A-066 (1 page) 4 8/13/85 Allegation Review, subject: Brown & Root Construction '

Practices 4-84-A-003 (1 page) 5 8/13/85 Allegation Review, subject: Intimidation 4-84-A-017 (1 page) 1 6 8/13/85 Allegation Review, subject: Sensitive 4-84-A-026 (1 page) i .

l 7.. 8/13/85 Allegation Review, subject: Sensitive 4-84-A-029 (1 page) t l

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FOIA 86-213 APPENDIX B

1. 8/13/85 Allegation Review, subject: Intimidation QC Inspector 4-83-A-069 (1 page)

2. 8/13/85 Allegation Review, subject: Taped Transcript 4-83-A-080

3. 8/13/85 Allegation Review, subject: Deficiencies in Coating Program 4-83-A-073 (1 page)

4. 8/13/85 Allegation Review, subject: '

Co-Workers / Discouragement 4-83-A-052 (1 page)

5. 8/13/85 Allegation Review, subject: QA/QC Documentation.

Independence of (CYGNA) and Intimidation j 4-84-A-018 (1 page) '

6. 12/17/84 Letter, Richard P. Denise to ' an individual (1 page)

7. 8/13/85 Allegation Review, subject; Poor QA' Practices .

4-83-A-034 (1 page)

8. 8/13/85 Allegation Review, subject: Improprieties in Construction-Drilling thre gh Rebar 4-83-A-013 (1 page)