ML20214K982

Partial Response to FOIA Request for Documents Re Allegation of Employee Entering Facility Under Influence of Alcohol. Forwards App a & B Documents.App B Documents Partially Withheld (Ref FOIA Exemption 6).App a Documents Also in PDR

ML20214K982
Person / Time
Site:	Davis Besse
Issue date:	05/27/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Maxwell B AFFILIATION NOT ASSIGNED
Shared Package
ML20214K984	List: IA-87-224, Partially Withheld Package of Ltrs Discussing Actions Being Taken as Result of Allegation of Employee Coming to Facility & Acting in Loud Manner After Consuming Alcohol ML20214K982 ML20214L005 ML20214L016 ML20214L024 ML20214L034 ML20214L039 ML20214L044 ML20214L054
References
FOIA-87-224 NUDOCS 8705290135
Download: ML20214K982 (4)

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U.S. NUCLEAR RE ZULATORY COMMISSION NRc poia RtoVEST NUMBEMSs F01A-87-224

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INFORMATION ACT (FOlA) REQUEST

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MAY 2 7 1987 DOCKET NUM8tm.Sp ur opre6es REQUESTER Bruce Maxwell PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked bonest No agency records subrect to the request have been located.

No additonal agency records subsect to the request have been locateo.

Agency records subrect to the request that are ident#ed in Appendix are already available for public inspecten and copying in the NR C Public Document Roorn, 1717 H Street, N.W., Washington, DC.

Agency records subrect to the request that are identifed in Appendia A are be.ng made avaiiabie for public mspection and copying in the NRC Public Document yy Room,1717 H Street, N.W., Washmgton, DC, in a folder under the FOIA number and requester name.

The nonpropretary versen of the proposaus) that you agreed to accept in a telephone conversaton wth a member of my staff is now being made avalable for public inspection and coymg at the NRC Pubic Document Room,1717 H Street, N W., Washington, DC. m a folder under this FOIA number and requester name.

Enclosed is informaten on how you may obtam access to and the charges for copying records placed in the NHC Pubic Document Room,1717 H Street, N.W., Washington, DC.

g Agency records subpect to the request are enclosed Any applicable charge for copes of the records provided and payment procedures are noted in the comments section.

7.ecords subsect to the request have been referred to another Federal agencybes) for review and direct response to you.

In www of NRC's response to the request, no further acten is being taken on appeal ietter dated PART H.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaron in the rs,auested records is bemg wthheid from public disclosure pursuant to the FOiA exemptons described in and for the reasons stated in Part 11. sec-tens B. C. and D. Any reieased portona of the documents for whch only part of the record is bemg withheld are bemp made available for public inspecten and copying in g the NRC Public Document Room,1717 H Street. N.W., Washmgton, DC. in a folder under thes FOIA number and requester name.

Comments 8705290135 870527 ,

PDR FDIA MAXWELL 87-224 PDR

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SIG #REr. TOR. DaviSr os JLES AND RECORDS *

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1 Z.C F;RM 464 iPat H i- it esi

FREEDOM OF INFORMATION ACT CESPONSE FOIA NUMBERtSt 87-224 DATE: MAY 2 7 ' van PA 4T 14.0- APPLICABLE FOIA EXEMPTIONS Records subject to e request that are' described in the enclosed Appendices b - are being withheld in their entirety or in part under FOIA Eaemptions and for the reasons set forth below pursuant to 5 U.S.C. 562(b) and 10 CFR 9.5(a) of NRC Regulations. :

1. The wthheld informanon is properfy closerfied pursuant to Executive Order 12356 (EXEMPTION 1)

2. The withheld informat on relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 21

3. The wthheld information a specAcally esempted from pubic disclosure by statute indicated: (EXEMPTION 3)

Section141146 of the Atomic Energy Act which prohibits the declosure of Restricted Data'or Formetty Restricted Data 142 U.S.C. 2161-2165).

Section 147 of the Atomic Energy Act which prohituts the disclosure of Unclassifed Safeguards Information (42 U.S.C. 2167).

4. The withheld informanon is a trade secret or commercial or fmancial information that is bemg withheld for the ressords) indcated: (EXEMPTION 4) ~

The informate is considered to be confidental busmess (propretary) mformation.

l The information is considered to be proprietary information pursuant to 10 CFR 2.790(d)(1)

The information was submitted and received in confidence frorn a foreign source pursuant to 10 CFR 2.790(dif2).

5. The wthheld information consists of interagency or intraagency records that are not avadable through discovery during litigation. Deciosure of predecisional information would tend to inhibit the open and frank enchange of ideas essental to the deliberative process. Where records are wthheld in their entirety, the facts are inextricably intertwned with the credecisionalinformation. There also are no reasonably segregable factual portions because the release of the facts would permit an inetect mquiry into the predoccional process of the agency. (EXEMPTION 51

6. The withheid informanon is enempted from public declosure te ose as declosure would result in a clearty unwarranted invasien of personal privacy. (EXEMPTION 61

7. The wthheld informanon conents of investigatory records comoded for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 71 Disclosure would interfere with an enforcement proceedeg because it could reveel the scope. direction, and focus of enforcement efforts, and thus could poossbry allow them to take action to shield potental wrongdomg or a violation of NRC requirements from investigators. (EXEMPTION 7(A))

Declosure would constitute an unwrranted invasion of personal privacy (EXEMPTION 7(C))

s lhe information consists of names of individuals and other information the disclosure of which would revealidentines of confidential sources. (EXEMPTION 7(D))

PART ll.C-DENYING OFFICIALS Purkant to 10 CFR 9 9 and/or 9.15 of the U.S. Nuclear Regulatory Commesson regulations, it has been determmed that theinformation withher a exempt from production or disclosure, c iais identifed below as denying officiais and the Director, and that its production or disclosure is contrary to the pubic interest. The persons responseble for the denial are those off' Diveion of Rulee and Records, Office of Adminstration, for any c'enials that may be appealed to the Executive Dirouor for Operations moot DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL Regional Administrator, '"" '

Mr. A. Bert Davis Rea. inn III. Chican.n

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y PART 110- APPEAL RIGHTS The denial by each denying official identified in Part li.C may be appealed to the Appellate Officialidentified 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 20666, and should clearly state on the envelopF .and in the letter that it is an " Appeal from an initial FOIA Decision."

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, *4m U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

Appen' dix A F0IA 87-224' RECORDS MAINTAINED IN THE PDR UNDER'THE'AB0VE REQUEST NUMBER-Date Description

1. '01/09/87 Routing Sheet for Exempt Material -(1 page)

2. 01/16/87 Memo E. G. Greenman to Region III Files (1 page)

3. 03/30/87 Ltr A. B. Davis to P. Smart re: allegation received by RIII (1 page)

. Appendix B FOIA 87-224.

RECORDS PARTIALLY WITHHELD Date Description Exemption

1. 01/07/87 Memo D. C. Kosloff to R. DeFayette re: 6 1

Operator- Coments on an Individual Entering the Plant While Under the Influence of Alcohol (1 page)

2. 01/09/87 Memo C. H. Weil to C. E. Norelius re: 6 Allegation re: Davis-Besse (50-346)-

w/ attachments AMS Form Memo P. M. Byron to R. DeFayette, dtd 01/08/87 (4 pages)-

3. Undated Alleger Identification Sheet (1 page) 6

4. 01/29/87 Ltr J. G. Keppler to P. Smart re: allegations 6 concerning an employee w/ enclosure - Sumary of Allegation (3 pages)

, 5. 02/03/87 Ltr from C. H. Weil (1 page) 6

6. 02/03/87 Ltr from C. H. Weil (1 page) 6

7. 02/03/87 Ltr from C. H. Weil (1 page)- 6

8. 02/03/87 Ltr from C. H. Weil (1 page) 6

9. 02/04/87 Allegation Management System Sheet (1 page) 6

10. 03/02/87 Allegation Management System Sheet (1 page) 6

11. 02/19/87 Ltr P. M. Smart to US NRC w/enclosurt 6 Intra-Company Memo, dtd 02/18/87, D. D. Shelton to P. M. Smart (3'pages) i

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