ML20214L517

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Responds to FOIA Request for SECY-85-381 & Related Documents.Forwards Apps a & C Documents.App C Documents Partially Withheld & App D Documents Completely Withheld (Ref FOIA Exemption 5.).Apps A-C Documents in PDR
ML20214L517
Person / Time
Issue date: 09/04/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Allison Robinson
AFFILIATION NOT ASSIGNED, THOMPSON, MANN & HUTSON
Shared Package
ML20214L519 List:
References
FOIA-86-470 ACRS, ACRS-GENERAL, NUDOCS 8609100215
Download: ML20214L517 (7)


Text

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SEP 0 41986 Mr. Alfred B. Robinson, Jr.

Thompson, Mann and Hutson The Daniel Building IN RESPONSE REFER Greenville, South Carolina 29602 TO F01A-86-470

Dear Mr. Robinson:

This is in response to your letter dated June 20, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), a copy of SECY-85-381, and documents related to that SECY paper.

The documents identified on enclosed Appendix A are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F0IA-86-470 in your name. SECY-85-381 is identified on enclosed Appendix B and is already available in the PDR. The PDR file location is indicated beside the document description. We are enclosing a notice that provides charges and procedures for obtaining copies of records from the PDR.

Portions of the documents identified on enclosed Appendix C, and the documents identified on enclosed Appendix D contain the predecisional advice, opinions and recommendations of the Commissioners, and between the Commission and the staff on proposed Insider Safeguards Rules.

Because the information reflects the predecisional process among the Commissioners, and between the Commissioners and the staff, the information is exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5), and the Commission's regulations at 10 CFR 9.5(a)(5). Release of the information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The release-able portions of the documents on Appendix C are being placed in the PDR in file folder F0!A-86-470. The documents on Appendix D contain no reasonably segregable factual portions and are being withheld in their entirety.

Pursuant to 10 CFR 9.9 and 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclo-sure, and that its production or disclosure is contrary to the public interest.

The persons responsible for the denial of document 30 on Appendix D are the undersigned and Mr. John G. Davis, Director, Office of Nuclear Material Safety and Safeguards. The person responsible for the denial of the remainder of the documents is Mr. John C. Hoyle, Assistant Secretary of the Commission.

8609100215 860904 PDR FOIA ROBINSOB6-470 PDR

Mr. Robinson The denials by Mr. Davis and myself may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Executive Director for Operations, U.S.

Nuclear Regulatory Conunission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA l

Decision." The denials by Mr. Hoyle may be appealed within 30 days to the Secretary of the Commission and should be addressed to the Secretary of the Coniniss ion.

Sincerely, 1

67'b

}

Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosures:

As stated b

4 k

-A 1

APPENDIX A Documents Being Placed in the PDR 1.

Undated

" Questions on Access Authorization Provisions,"

[ Attachment to Document 1, Appendix C]

2.

Undated

" Guidelines for Industry Nuclear Power Plant Access Authorization Program." [ Attachment to Document 4, Appendix C]

3.

6/20/84 Memo from S.J. Chilk to W.J. Dircks, "SECY-83-311/311A -

Proposed Insider Safeguards Rule." [ Attachment to Document 1, Appendix C]

4.

9/5/85 Letter from J.H. Miller to W.J. Dircks.

[Attachmentto Document 4, Appendix C]

5.

1/14/86 Memo from R.F. Fraley, ACRS, to P. Polk, OCM, "ACRS Commente on SECY-85-381, ' Insider Safeguards Rules'."

6.

2/14/86 Letter from J.H. Miller, NUMARC, to V. Stello.

[ Attachment to Document 4, Appendix C]

7.

2/19/86 Letter from D.A. Ward, Chairman, ACRS, to N.J. Palladino, "ACRS Comments on Proposed Insider Safeguards Provisions."

8.

2/26/86 Letter from James Miller, King & Spalding, to J. Colvin, INP0,

" Appeal Procedure for Access Authorization Program."

9.

3/27/86 Letter from Bruce Kenyon, Chairman, NUMARC Working Group on Security, to N.J. Palladino providing information on access authorization issues.

10. 3/31/86 Letter from Donald Knuth, KMC, Inc., to Secretary of the Commission, " Additional Comments to Commissioners on Proposed Access Authorization Program."
11. 4/2/86 Memo from J.K. Asselstine to H.H.E. Plaine, " Insider Safeguards Rule (SECY-85-381)"

12.

5/9/86 Memo from J.K. Asselstine and V. Stello, "SECY 85-381 --

Insider Safeguards Rules."

113. 5/15/86 Memo form T.M. Roberts to S.J. Chilk, "SECY-85-381 - Insider Safeguards Rule."

14. 6/9/86 Vote Sheet of J.K. Asselstine on SECY-85-381.
15. 6/25/86 Memo from S.J. Chilk to V. Stello, " Staff Requirements -

Affirmation / Discussion and Vote, 3:30 P.M., Wednesday, June 18, 1986,...

-APPENDIX B Document Already in the PDR 1.

11/29/85 SECY-85-381, " Insider Safeguards Rules."

(210pgs)

PDR SECY Paper File.

s f

APPENDIX C

^

D6cuments Being Withheld in Part 1.

12/17/85 Memo from J.E. Zerbe, PE, to Cmrs., " Background Documents on:

Insider Safeguards Rules."

(1 page) 2.

2/3/86 Memo from M.G. Malsch to Cmrs., " Insider Safeguards Rules (SECY-85-381)."

3.

3/5/86 Memo from M.G. Malsch to Cmrs., " Insider Safeguards Rules (SECY-85-381)."

4.

3/13/86 Memo from J.E. Zerbe to Cmrs., " Summary of Comments on Screening Requirements in SECY-85-381 -- On Access Authoriza-tion."

(3 pages) 5.

3/18/86 Affirmation Memorandum of S.J. Chilk, "SECY-85-381 - Insider Safeguards Rules."

l l

0 f

APPENDIX D

. Documents Being Withheld in Their Entirety 1.

Undated Handwritten notes and comments of P. Davis on J.K. Asselstine office copy of SECY-85-381.

2.

Undated Unsigned handwritten notes and comments on L.W. Zech office copy of 2/3/86 memo from M. Malsch to Cmrs.

3.

Undated Unsigned handwritten notes and comments on L.W. Zech Office copy of 2/26/86 letter from James Miller, King & Spalding, to J. Colvin, INP0, " Appeal Procedure for Access Authorization Program."

4.

Undated Unsigned handwritten note on L.W. Zech office copy of 3/5/86 memo from M. Malsch to Cmrs.

5.

Undated Unsigned handwritten comment on L.W. Zech office copy of 3/13/86 memo from J. Zerbe, OPE, to Cmrs.

6.

Undated Unsigned handwritten notes and comments on L.W. Zech office copy of 4/14/86 memo from M. Malsh to N.J. Palladino.

7.

Undated Unsigned handwritten notes and comments on L.W. Zech office copy of 6/5/86 memo from V. Stello to J.K. Asselstine.

8.

Undated Unsigned handwritten notes and comments on L.W. Zech office copy of undated memo from Gail Coad, Chief Regulatory Policy Branch to P. Norry.

9.

Undated Unsigned handwritten note on L.W. Zech office copy of undated memo from J. Zerbe to Cmrs.

10.

Undated Unsigned handwritten notes on SECY office copy of 1 page undated, unsigned draft memo from S.J. Chilk to V. Stello,

" Staff Requirements - SECY-85-381, ' Insider Safeguards Rules'."

11.

8/26/83 Memo from J.E. Zerbe and M. Malsch to Cmrs., "SECY-83-311 (Proposed Insider Safeguards Rules):

Interim Action."

(2pgs.)

[ Attachment to Document 1 on Appendix C]

12.

Undated

" Procedural and Technical Analysis of Proposed Access Authorization Rule."

(13 pgs.)

[AttachmenttoDocument11 listedabove) 13.

9/30/83 Memo from J.E. Zerbe to Cmrs., " Additional Comments on Proposed Insider Safeguards Rules (SECY-83-311 and SECY-83-311A).

(4pgs.)

[ Attachment to Document 1 on Appendix C]

14.

12/13/85 Memo from B.B. Hayes, 01, to Cmrs., " Insider Safeguards Rules (SECY-85-381)."

(2pages)

j d

APPENDIXD(continued)

Documents Being Withheld in Their Entirety

15. 12/17/85 Memo from J.E. Zerbe to Cmrs., " Comments on:

Insider Safeguards Rules (SECY-85-381)."

(3 pages) 16.

1/2/86 Note from W. Parler to M. Clausen.

17. 3/17/86 Vote Sheet of N.J. Palladino on SECY-85-381.

(2 pages)

18. 4/17/86 Note from M. Clausen to L.W. Zech.
19. 4/17/86 Memo from M.G. Malsch to N.J. Palladino, " Application of the Backfit Rule to the Proposed Insider Rules."

(8pages)

20. 4/23/86 VoteSheetofL.ZechonSECY-85-381(1page)
21. 5/6/86 Note from K. Cohen to F. Bernthal, "SECY-85-381 -- Insider Safeguards Rules." (2 pages)
22. 5/8/86 Memo from S. Schinki to F. Bernthal, "SECY-85-381 -- Insider Safeguards Rules." (1page)
23. 5/12/86 Vote Sheet of F. Bernthal on SECY-85-381. (1 page)
24. 5/13/86 Memo from S.J. Chilk to T.M. Roberts and J.K. Asselstine,

" Staff Requirements Memorandum," I page with attached 1 page undated, unsigned draft memo from S.J. Chilk to V. Stello,

" Staff Requirements - SECY-85-381, ' Insider Safeguards Rules.'"

25. 5/20/86 VoteSheetofT.RobertsonSECY-85-381.(1page)
26. 6/5/86 Memo from V. Stello to J.K. Asselstine, "SECY-85-381 - Insider Safeguards Rules."

(1 page)

27. Undated "Backfit Analysis."

(4 pgs.) [ Attachment to Document 25 listed above]

28. 6/11/86 Vote Sheet of N.J. Palladino on SECY-85-381. (1 page) 29, 6/19/86 Memo from S.J. Chilk to Cmrs., " Staff Requirements Memorandum,"

1 page with attached 1 page undated, unsigned draft memo from S.J. Chilk to V. Stello, " Staff Requirements - Affirmation /

Discussion and Vote, 3:30 P.M., Wednesday, June 18, 1986,...;"

30. 6/26/86 Draft Working Paper, subject: Commission Policy Statement on NuclearPowerPlantAccessAuthorizationProgram(3pgs.)

.