ML20215E667

Further Response to Appeal of Denial of FOIA Request for Records Generated in Connection W/Nrc Data on Drug Investigations at Plant.Portions of Encl App B Documents Withheld (Ref FOIA Exemptions 6 & 7).Documents Also in PDR

ML20215E667
Person / Time
Site:	Comanche Peak
Issue date:	10/03/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20215E668	List: IA-86-383, Partially Withheld Transcript of 850619 Interview W/Alleger in Granbury,Tx.Pp 1-28 ML20215E667 ML20215E690 ML20215E717 ML20215E732
References
FOIA-86-383, FOIA-86-A-127 NUDOCS 8610150439
Download: ML20215E667 (3)

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1. n NUCLEAR REGULATORY COMMISSION y ;y WASHINGTON, D. C. 20555

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Ms. Billie Pirner Garde E8 Citizens Clinic Director Government Accountability Project 1555 Connecticut Avenue, NW IN RESPONSE REFER Suite 202 TO F01A-86-383 AND Washington, DC 20036 86-A-127

Dear Ms. Garde:

This is in further response to your letter dated May 16, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), all records generated in connection with all NRC data on drug investigations at Comanche Peak.

The documents listed on enclosed Appendix B are subject to your request.

Portions of documents 1, 2, 3, 4, 5, 8, and 9 are being withheld from disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C. 552 (b)(6))public and 10 CFR 9.5 (a)(6) of the Commission's regulations. The withheld portions contain personal information regarding several individuals. The release of this information would constitute a clearly unwarranted invasion of personal privacy. Portions of documents 1, 6, 7, 8, and 9 are 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 Commission's regulations. The withheld portions contain the names of allegers and other identifying information concerning individuals who provided information to the NRC during the agency's investigative activities. Release of this information would disclose the identity of confidential sources.

The nonexempt portions of all the Appendix B documents are being placed in the NRC's Public Document Room (PDR), 1717 H Street, NW, Washington, DC 20555, in folder F01A-86-383 under your name. Additional documents subject to this request were processed previously under another of your requests, F01A-66-191, and are available at the PDR in that file.

Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and a that its production or disclosure is contrary to the public interest. The persons responsible for the denial of documents 1 through 6 on Appendix B are the undersigned and Mr. Harold R. Denton, Director, Office of Nuclear Reactor Regulation. The persons responsible for the denial of the remaining documents are the undersigned and Mr. Robert D. Martin, Regional Administrator, NRC Region IV.

6101S0439 R61003 o DEG A' N

Ms. Garde This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, 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."

In light of this response to this request, we are taking no further action on your letter dated July 16, 1986, appealing our lack of response to your request.

Sincerely, y h & == 1 Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated 4

F01A-86-383 APPENDIX B

' 1. 6/19/85 Transcript of proceedings, Brown & Root. Texas Utilities Generating Company (TUGCo) NRC, at Plantation Inn, Cranbury. Texas (28 pages) 2.. 1/27/86 Affidavit of named individual 4-86-A-0047 (5 pages) w/ attachments,

3. 1/11/85 Physician's note (1 page)

4. 1/10/86 Termination notice (1 page)

5. 12/3/85 Sworn Statement (1 page)

, - 6. 2/18/86 Memoranjum f rom Annette Vietti-Cook to -

Mark Emerson, RIV (1 page)

7. 11/13/84 Allegation Review, 4-85-A-18 (1 page)

8. 3/5/86 Handwritten note (1 page)

9. 3/7/86 Handwritten note (1 page) l 4

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