ML20215A370
| ML20215A370 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 07/23/1986 |
| From: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| FOIA-85-299, FOIA-85-59, FOIA-86-A-135, FOIA-86-A-136 NUDOCS 8612110264 | |
| Download: ML20215A370 (2) | |
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14 YaOVERNMENT ACCOUNTADILITY PROJECT s
1555 Connecticut Avenue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 July 23, 1986 Victor Stello APPE W gq1m PGA DECSON Executive Director for Operations U.S. Nuclear negulatory Commission h-N*/djk k-f Washington, D.C.
20555 Re:
Appeal of FOIA 85-59 and 85-299 f lo - A - / 3 6 c C p u t )
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, and documents requested on April 22, 1985 regarding the allegation tracking system.
By letter dated June 23, 1986, Mr. Donnie Grimsley, Director of the Division of Rules and Records advised us that records subject to the two requests were designated as Appendices P and O.
Mr. Grimsley informed us that portions of the July 11, 1985 and July 11, 1986 list of allegations which pertained only to 85-299, were withheld pursuant to FOIA Exemption 7(A) because their release would interfere with an ongoing investigation.
He advised that portions of I document contained in Appendix P were being withheld pursuant to FOIA Exemption 5 because they contain the advice, opinions and recommendations of the staf f concerning potential violations.
In addition he advised that of the 238 documents listed on Appendix P portions of 74 docu-ments and 23 documents in their entirety were being withheld pursuant to an agreement reached between the staff and myself at a May 8, 1985 meeting, that the names and identifying details of allegers and other individuals would be protected.
Mr. Grimsley also advised that of the 203 documents listed on Appendix 0 portions of 100 documents and 26 documents in their entirety were being withheld pursuant to the May 8,
1985 agreement.
8612110264 860723 PDR FOIA GARDE 86-A-136 PDR
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Please be advised that the agreement reached at tihe 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 infers.
To the extent the documents withheld pursuant to the May 8, 1985 relate to anyone but "allegers" we appeal their denied release.
We believe we are entitled to release of the 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, b& d% N~k Billie Pirner Garde Director, Environmental Whistleblower Clinic
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