ML20215C573
| ML20215C573 | |
| Person / Time | |
|---|---|
| Issue date: | 10/01/1986 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-86-201, FOIA-86-209, FOIA-86-263, FOIA-86-80, FOIA-86-82, FOIA-86-A-181, FOIA-86-A-182, FOIA-86-A-183, FOIA-86-A-184, FOIA-86-A-185 NUDOCS 8610100348 | |
| Download: ML20215C573 (2) | |
Text
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o mg'o,, UNITED STATES
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20556 h :
\*,,*****s/' October 1,1986 CFFCE OF THE SECRETARY Ms. Billie Pirner Garde Citizens Clinic Director Government Accountability Project 1555 Connecticut Ave., N.W., Suite 202 Washington, DC 20036 Re: FOIA Appeals 86-A181C - 185C
Dear Ms. Garde:
This responds to your September 17, 1986 FOIA appeals from the agency's August 25, 1986 partial response to FOIAs 86-80, -82,
-201, -209, and -263. After reviewing-the withheld documents, I have decided to affirm the. decision to withhold.
The withheld portion of the document listed in' Appendix J of the August 25 letter is a draft response to questions, and is being withheld under Exemption 5 for the reasons set forth in the initial response. Document 7 on Appendix K is also being withheld under Exemption 5 as explained in the initial response. That paper contains predecisional advice and opinions regarding an investigative matter.
Documents 1-6 and 8 on Appendix K are being withheld under Exemption 5, as well as under Exemption 7 (A) . These documents are all requests for investigation which contain predecisional opinions regarding the nature and potential importance of allegations of potential wrongdoing, and whether they should be investigated. This information is being withheld under Exemption 7 (A) for the reasons set forth in the initial response. It is also being withheld under Exemption 5 of the FOIA (5 U.S.C. 552 (b) (5) ) and 10 C.F.R. 9.5 (a) (5) of the Commission's regulations because its release would tend to inhibit the frank and candid exchange of information in future requests for investigations, and thus its release would not be in the public interest. There are no reasonably segregable factual portions because release of any facts would permit an indirect inquiry into the predecisional process of the agency.
t 8610100348 861001 PDR G RD e A-101
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9- 2 This letter represents the final agency action on your FOIA appeal. Judicial review of the decision is available in a federal district court in the district in which you reside or have your principal place of business, or in the District of Columbia. I Sincer y,
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ymamuel k'-
Mhilk Secretar;[ of the Commission 0
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q Uid TED STATES
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\ b . . . ,/ AUG 2 51986 Ms. billid Mtr,cr ferde Citizens Clinic Director IN RESF0 HSE REFER Government. Accountability Project TO F01As-86-EG, 66-02,86-126, 1555 Connecticut /aerte, tW, Suite 202 86-127, 86-131,86-166, 66-201, Washington, DC 20C36 06-209, AND 86-263
Dear Ms. Garde:
This is in further response to your letters dated February 3, February 10, February 17, February 24, March 3, March 10, March 17, March 24, and March 31, 1986, in which you requested, pursuant to the Freedom of Inforn.ation Act (F0IA), documents generated or prepared by Victor Stello since his appointment as Acting Executive Director for Operations. In a telephone conversation with Carol Ann Reed of my staff en January 28, 1986, you narrowed the scope of your previous recuests for the same types of dccuments to 1) handwritten and typed notes of Victor Stello; 21 notes and correspondence i
-dictated by V. Stello; 3) records reflecting V. Stello's oecisions and conar.ents
[ cad the recorcs upon which the decisions and comments were t.esec; 4) corre-spondence and other records-prepared by V. Stelio's staff which carry out a 3- 'V. Stell_o directive; and 5) SECY papers signed by V. Stello. Therefore, these requests have been processed using these same guidelines.
The document listea on the enclosed Appendix I is being placed in the NRC Public Document Room (PDR),1717 H Street, NW, Washington, DC. You may obtain access by presenting a copy of this letter to the PDR staff or by requesting PDR folder F0lA-86-263 under your name.
Portions of the document listed on the enclosed Appendix J and the documents b lisced on the enclosed Appendix K are being withheld from public disclosure.
. pursuant to the exemptions noted next to the document listings on the enclosed appendices. The norexempt portion of the Appendix J document is being_placed in the PDR folder F01A-86-263.
I Information withneia pursuant to Exemption (5) censists of drafts or other documents containing the preliainary advice, opinions, ana reconmendations of
- . members of the staff. Release of this type of information would tend to inhibit the frank and candid exchance of irfornation in future deliberations
~
I and thus would not be in the publir interest. There are no reasonabiy segregable factual portions because reletsc of the facts would permit an indirect inquiry into the predecisional' process of the agency. The information is being withheld frcm public disclosure pursuant to Exception (5) of the FOI A (5 U.S.C. 552(t.)(E)) and 10 CFR 9.5(a)(5) of the Commission's regulations.
!r. formation withheld pursuant to L>emption (7)( A) consists of investigatory records compiled for law:enforcecient purposes the release of which wculd interfere with ar. ongois.g enforcement proceeding. Release of this information could allow those being inustigatea to learn the scope, direction, and focus of investigatory ef f orts , ar e' ; bus could possibly allow thel to take action to 07 M omf*str
-v+s ev- iw L __ ___ . . --- -. . - - - - -
Ms. Garde
_2 shield poter.tial wrongdoing or a violation of hkL requirements from investigttrs.
Tbc. it.fon.ia ion is being withheio t rua public disclosure pursuant to Exenption (7)(A) of the FOIA (S U.S.L. SS2(b)(7)(A)) and 10 CFL 9.5(a)(7)(i) of the Lcnu.ission's regulations.
Pursuant to 10 CFh 9.1S of the Lcerission's regulations, it hed been ceterminec that the information withheld is exempt from production or disclosure ana that its proGuctier or disclosure is contrary to the public interest. The person re:por.sible for the denial of portions of the Appendix J document is Mr. Victor Stello, Jr. , Executive Director for Operations. The person responsible for the denial of the Appendix K documents is Mr. Ben b. Hayes, Director, Office of Investigations.
This denial may be appealed to the Secretary of the Commission within 30 days frcm the receipt of this letter. Any such appeal must be in writing, adoressec to the Secretary of the Cornissicr. U.S. Nuclear Regulatory Commission, kashington, DC 20555, and should clearly state en the envelope and in the letter that it is en "Apperl frcm an Initial F0IA Decision."
The review of additional documents subjt.ct tc your requests is continuino. As soon as our review is cor.plette, we will notify you.
Sincerely,
- & s V
/
Ocnnie b. Grimsley, Director Division of Rules and Recoros Office of Administration
Enclosures:
As stated
F01As-86-80, 86-82,86-126, 86-127,86-131, 86-166,86-201, 86-209 ar.d 86-263 APPENDIX I DATE TO FROM F0IA 86-263
- 1. April 9, 1986 , lim Taylor, et al. T. A. Rehm RE: TVA w - - -
-e-- - - - . - ._ ~
F01As-86-80, 86-82,86-126, 86-127,86-131, 86-166,86-201, 86-209 and 86-263 i
APPENDIX J DATE -TO FROM EXEMPTION F01A-86-80 and 86-82
- 1. January 30, 1986 Samuel J. Chilk Victor Stello, Jr. 5 RE: RESPONSES TO SENATOR M0YNIHAN'S QUESTIONS 4
4 t'
4 t
I 4
- - _ . ~ . - _ - . . - _ , . _ _ _ _ _ - . . ___ , , _ _ _ _ . _ _ _ _ . . - . _ _ - - _ . _ . , _ _ _ - . _ - . _ _ _ - . _ _. _ _ . _ _ _ .
9 F01As-86-80, 86-82,86-126, 86-127,86-131, 86-166,86-201, 86-209 and 86-263 APPENDIX K DATE TO FROM EXEMPTION F01A-86-80 and 86-82
- 1. February 5,1986 Ben B. Hayes Victor Stello, Jr. 7A RE: REQUEST FOR INVESTIGATION -
TELEMECANIQUE
- 2. February 5,1986 Ben B. Hayes Victor Stello, Jr. 7A RE: REQUEST FOR INVESTIGATION -
WESTINGHOUSE-WATER REACTOR DIV.
J
- 3. Janua ry 29, 1986 Ben B. Hayes Victor Stello, Jr. 7A RE: REQUEST FOR INVESTIGATION -
NUTHERM CORPORATION
- 4. January 30, 1986 Ben B. Hayes Victor Stello, Jr. 7A RE: REQUEST FOR INVESTIGATION -
POWER INSPECTION, INC.
FOIA 86-201 and 86-209
- 5. March 5, 1986 Ben B. Hayes Victor Stello, Jr. 7A RE: REQUEST FOR INVESTIGATION -
BAILEY AhD O'CONNELL
- 6. March 17, 1986 Ben B. Hayes Victor Stello, Jr. 7A RE: REQUEST FOR INVESTIGATION -
SEQUOYAH FUELS CORP.
- 7. April 4, 1986 Victor Stello, Jr. Ben B. Hayes 5 RE: SECY 86-61
- 8. April 1, 1986 Gen B. Hayes Victor Stello, Jr. 7A RE: REQUEST FOR INVESTIGATION VALLEY STEEL PRODUCTS C0.
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