ML20214R558
| ML20214R558 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point, River Bend, 05000000 |
| Issue date: | 12/02/1986 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Davis L DRINKER, BITTLE & REATH |
| Shared Package | |
| ML20214R560 | List:
|
| References | |
| FOIA-86-162 NUDOCS 8612080020 | |
| Download: ML20214R558 (7) | |
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Ms. Lori R. Davis Drinker Biddle and Reath Broad and Chestnut Streets IN RESPONSE REFER Philadelphia, PA 19107 TO F01A-86-162
Dear Ms. Davis:
This is in partial response to your letter dated March 3,1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of records relating to a named individual or an anonymous alleger who filed allegations in April 1983 against Stone & Webster at the Nine Mile Point nuclear plant and records in files R1-83-A37 and Q-1-83-12.
With regard to the portion of your request regarding a named individual or an anonymous alleger in accordance with recent U.S. Department of Justice guidance and F0IA case law, the NRC will neither confirm nor deny the existence of records on persons who submit allegations to the NRC. The exceptions are:
(1) when the third-party subject of a request has provided the requester with a written, notarized waiver of his or her prive.cy rights, which in turn is provided to the NRC with regard to the F0IA request; (2) when the NRC is aware of the third-party subject's death; (3) when the NRC is aware of official public confirmation by the Federal Government that the third-party subject was or is the subject of a federal investigation related to NRC activities; or (4) when the third-party subject has publicly disclosed his or her contacts with the NRC.
In the absence of any of the above exceptions, the U.S. Department of Justice has advised the NRC to neither confirm nor deny the existence of such records and to claim Exemptions (7)(C) and (D) of the F0IA as the legal basis for this action.
Accordingly, this portion of your request is denied pursuant to Exemptions (7)(C and (D) of the F0IA (5 U.S.C. 552(b)(7)(C) and (D)) and 10 CFR 9.5(a (7)(iii) and (iv) of the Commissio..'s regulations. The person responsible for this denial is the undersigned.
This denial 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 Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."
With regard to that portion of your request that references specific files, RI-83-A37 and Q-1-83-12, the records identified on the enclosed Appendixes A through E are being addressed below, l
0612080020 961202 IG 62 PDR
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The record identified on the enclosed Appendix A is already publicly available at the NRC Public Document Room (PDR),1717 H Street, NW, Washington, DC 20555.
You may obtain access to this record by referring to the PDR accession number included in the description of the record.
The records identified on the enclosed Appendix B and the released portions of the records identified on the enclosed Appendixes C and D are being placed in the PDR. You may obtain access to these records by requesting PDR folder F01A-86-162 under your name.
Enclosed is a notice which explains charges and procedures for obtaining records from the PDR.
The denied portions of the records identified on Appendixes C and D and the entire record denied on the enclosed Appendix E are being withheld from public disclosure.
Because disclosure of this information could reasonably be expected to reveal the identity of a confidential source, it is being withheld from public disclosure pursuant to Exemption (7)(D) of the F0IA (5 U.S.C. 552(b)(7)(D)) and 10 CFR 9.5(a)(7)(iv) of the Ccmission's regulations.
Pursuant to 10 CFP 9.9 and 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest.
The persons responsible for the denial of portions of the record identified on Appendix C are the undersigned and Dr. Thomas E. Murley, Regional Administrator, Region I.
The person responsible for the denial of portions of the record identified on Appendix D and the entire record identified on Appendix E is Mr. Ben B. Hayes, Director, Office of Investigations.
The denials by Dr. Murley 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 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 denials by Pr. Hayes may be appealed within 30 days to the Secretary of the Comission and should be addressed to the Secretary of the Comission.
One record is still undergoing review.
We will notify you as soon as possible with regard to that record.
Sincerely,
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Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosures:
As stated
^t F01A-86-162 (First Partial)
APPENDIX A Record Already Available in POR 1.
08/11/83 Letter from NRC to Niagara Mohawk Power Corp. Inspection Report 50-410/83-06, PDR Accession No. 8308240462
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APPENDIX B Records Being Placed in PDR 1.
04/22/83 Report of Allegation (1 page) 2.
04/22/83 Allegation Data Form (1 page) 3.
12/02/83 Memo to Donald Haverkamp from Clifford Anderson Re: Nine Mile Point, Unit 2/ Allegations Concerning Deficiencies in the Emergency Diesel Generator System, Radiation Containment System and Qualifications of Contracts Personnel (1 page) 4.
12/19/83 Memo to Donald Haverkamp from Robert Gallo Re: Allegation RI-83-A-037 at Nine Mile Point 2: Deficiencies in the Emergency Diesel Generator System, Radiation Containment System and Qualification of Contractor Personnel (1 page) 5.
Undated Outstanding Items File, 50-410 (1 page) 6.
Undated Inquiry Status Record Q-1-83-012 (1 page) h
F01A-87-162 (First Partial)
APPENDIX C Portions of Record Deleted Exemption 7(D) 1.
Undated Memo from Stewart Ebneter Re: Allegation Related to Nine Mile Point 2 Diesel Generator System (2 pages) 4 4
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G F01A-86-162 (First Partial)
APPENDIX D Portion of Record Deleted j
Exemption 7(D) l i
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Undated Report of Inquiry Re: Nine Mile Point Nuclear Station, Unit 2/
Allegations Concerning Deficiencies in the Emergency Deisel Generator System. Radiation Containment System and Qualification of Contractor Personnel (2 pages) l l
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F0lk-85-162 (First Partial)
APPENDIX E l,
Record Denied in Entirety
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Exemption 7 (D) j.
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4/27/83 Confidentiality Agreement and attachments (24 pages)
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