ML20214X195

Appeals Denial of FOIA Request for Commission to Release Documents Requested on 850121 Re Comanche Peak Task Force Established in Mar 1984

ML20214X195
Person / Time
Site:	Comanche Peak
Issue date:	06/26/1987
From:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
To:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-85-59, FOIA-86-A-100 NUDOCS 8706160370
Download: ML20214X195 (2)

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GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Awnue, N.W., Suite 202 Woshington, D.C. 20036 (202)232-8550 June 26, 1986 Victor Stello AP L f INITIAL FDIA DECtS!O Executive Director for Operations U.S. Nuclear Regulatory Commission b *P1 g

- 100 E Qs-a Washington, D.C. 20555 1~l,tb Re: Appeal of FOIA 85-59

Dear Mr. Stello:

This is an appeal pursuant to subsection a(6) of the Freedom of Information Act as amended (5 U.S.C. 522), of the actual denial of the Commission to release documents requested on January 21, 1985 by the Government Accountability Project (GAP) regarding the Comanche Peak Task Force established in March 1984.

By letter dated May 28, 1986, Mr. Donnie Grimsley, Director of the Division of Rules and Records advised us that a review of QA/QC documents covering Appendix T records numbered 1-131 and Appendix U records numbered 1-130 had been completed.

We were informed that of the 131 documents listed in Appendix T: 1 document was withheld in its entirety pursuant to FOIA Exemption 5 because it contains the advice, opinions and recommendations of the staff concerning potential violations; and portions of 27 documents were being withheld pursuant to an agreement reached at a May 8, 1985 meeting that identifying information concerning allegers would be protected from dis-closure.

We were informed that of the 130 documents listed in l Appendix U: 1 document was withheld in its entirety pursuant to

! FOIA Exemption 5; 1 document was withheld in its entirety pursuant to FOIA Exemption 4 because it contains commercial information which was provided in confidence to the NRC; and 2 documents were withheld in their entirety pursuant to the agree-i ment reached at the May 8,1985 meeting.

Please be advised that the agreement reached at the May 8, 1985 meeting was that the confidentiality of allegers would be protected from disclosure and at no time was it meant to extend to " interviewees" and "other individuals" as your letter states.

To the extent the documents withheld pursuant to the May 8, 1985 relate to anyone but "allegers" we appeal their denied release.

8706160370 870626 hhE A-100 PDR

4 We believe we are ' entitled to release of the documents and portions of documents being withheld.

We expect your response to this appeal within 20 working days of your receipt so that.we can determine whether to pursue this matter further in the courts.

Thank you for your consideration of this appeal.

Sincerely, w4 hwb Billie Pirner Garde Director, Environmental Whistleblower Clinic

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