ML20215J164

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Final Response to 860113,20 & 27 FOIA Requests for Documents Generated or Prepared by V Stello Since Appointment as Acting Executive Director for Operations.App O Documents Encl & Partially Withheld (Ref FOIA Exemptions 1 & 5)
ML20215J164
Person / Time
Issue date: 10/21/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20215J166 List:
References
FOIA-86-53, FOIA-86-54, FOIA-86-55, FOIA-86-A-24, FOIA-86-A-25, FOIA-86-A-26 NUDOCS 8610240333
Download: ML20215J164 (3)


Text

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OCT 216 Billie Pirner Garde, Esquire Government Accountability Project IN RESPONSE REFER Midwest Office TO F01A-86-53, F01A-86-54, 3424 Marcos Lane F01A-86-55 AND 86-A-24, Appleton, WI 54911 86-A-25 AND 86-A-26

Dear Ms. Garde:

This is in final response to your letters dated January 13, 20, and 27,1986, which were received in this office on January 28, 1986, in which you requested, pursuant to the Freedom of Information 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 on January 28, 1986, you narrowed the scope of your requests to 1) handwritten and typed notes of V. Stello; 2) notes and correspondence dictated by V. Stello;

3) records reflecting V. Stello's decisions and c6ments, and the records upon which the decisions and comments were based; 4) correspondence and other records prepared by V. Stello's staff which carry out a V. Stello directive; and 5) SECY papers signed by V. Stello.

Portions of the document listed on A disclosure and (5)) and 10 CFRbased 9.5(a)upon 1) and (5) Exemp(tions and (5) of the F0IA (1)ppendix (5 U.S.C. 552(b)(1) of the Comission's regulations. These 0 are being portions contain information classified Confidential National Security Information pursuant to Executive Order 12356, or advice, opinions, and recommendations of the staff. The page identified at number one and the j nonexempt portions of the attachment identified at letter C on Appendix 0 are

being placed in the NRC Public Document Room, 1717 H Street, NW, Washington, i

DC, in folder F01A-86-53 in your name.

Pursuant to 10 CFR 9.9 and 9.15 of the Commission's regulations, it has been determined that the infomation withheld is exempt from production or disclosure,

, and that its product;on or disclosure is contrary to the public interest. The persons responsible for the denial of information in attachment 0.1.c are the undersigned and Mr. Raymond J. Brady, Director, Divisioit of Security. The person responsible for the denial of attachments 0.1.a and 0.1.b is Mr. John C. Hoyle, Assistant Secretary of the Commission.

f 8610240333 861021 PDR FOIA GARDE 86-53 PDR

Ms. Garde The denials by Mr. Brady 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 Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision." The denials by Mr. Hoyle may be appealed within 30 days to the Secretary of the Comission and should be addressed to the Secretary of the Comission.

Therefore, we are taking no This completes NRC's action on these requests.

further action on your letter dated March 3, 1986, appealing our lack of responses to your requests.

Sincerely, M

Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated l

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1 I

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F01A-86-53, 86-54, 86-55 APPENDIX 0

1. 1/16/86 ED0 Principal Correspondence Control #001340, Desc. Staff Requirements for Design Basis Threat Meeting with Commission, January 28, 1986 (Release) (1 page).
a. 1/15/86 Memorandum to Victor Stello from Nunzio J.

Palladino (EX 5) (2 pages).

b. 1/22/86 Memorandum for Chairman Palladino from Thomas M. Roberts (EX 5) (1 page).
c. 1/27/86 Memorandum to Chairman Palladino from Victor Stello,

Subject:

Staff Requirements for Design Basis Threat Meeting with Commission January 28, 1986 (portions withheld) (EX 1) (8~pages).

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GOVEkNMENT ACCOUNTABILITY PROJECT 1'555 Connecticui Awmue, N.W., Suite 202 Woshington, D.C. 20036 (202)2024550 January 13, 1986 FREEDOM OF INFORMATION ACT Director FREEDOM OF WF AC{ ggggg jMD Office of Administration Nuclear Regulatory Commission Washington, D.C. 20555 g k--k,Q To Whom It May Concern: hhh Pursuant to the Freedom of Information Act .("FOIA"). 5 USC section 552, the Government Acccuntability Project (GAP) ,and the Trial Lawyers for Public Justice (TLPJ) request copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, ,

procedures, instructions, policy discussion papers, recommenda-tions, SECY papers, telephone messages, voice recordings, and any other information compilation or issuances and any and all other records or reports generated or prepared by Victor Stello beginning with his appointment as Acting Executive Director.

This request should be broadly construed to include all the  !

daily activity logs of Mr. Stello, and any documents generated by j his office staff and over which he excercises control. We expect '

that this request will produce records of all meetings Mr. Stello has with any industry representatives, such as representatives of NUMARC, or the Atomic Industrial Forum including all records of conversations with Mr. Stello's predecessor.

This request includes all agency records, whether they currently exist in the NRC official," working," investigative or other files, or at any other location, including private residences. ,

If any records as defined in 10 C.F.R. 9.3a(b) and the NRC manual, and covered by this request have been destroyed snd/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).

GAP and TLPJ request that fees be waived, because " finding l the information can be considered as primarily benefitting the '

general public," 5 USC section 552 (a) (4) (a) . GAP is non-profit, non-partisan public interest organization concerned with honest .

and open government. Through public outreach, the Project 1 hhhh

January 13, 1986 Page Two promotes whistleblowers as agents of government accountability. .~

The Trial Lawyers for Public Justice's Citizen Legal Clinic is also a non-profit, public interest group which assists individuals throughout the country to right intentional or unintentional wrongs caused by the actions of others. TLPJ is assisting citizen intervenors in several cases now before the MRC.

We are requesting the above informatilon as part of an ongoing monitoring project on the adequacy of the NRC staff's performance of their responsibilities in protecting public health and safety.

For any documents or portions that you deny'due to a l specific FOIA exemption, please provide an index itemizing and derscribing the documents or portions of documents withheld. The iindex should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.

This index is required under Vaughn v. Rosen (I), 484 F.2d.

section 820 (D.C. Cir. 1973), cert. denied, 415 U.S. section 977 (1974).

We look forward to your response to this request within ten days.

siphcerely

'tW y_

Billie Pirner Garde BPG:41901 t

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}1 GOVERNMENT ACCOdNTABluTY PROJECT 1555 Connecticut Avenue. N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 January 20, 1986 FREEDOM OF INFORMATION ACT FREEDOM OF INFORMATION ACT REQUEST Of e of Administration Nuclear Regulatory Commission FK A46 4Y Washington, D.C. 20555 QsA Q h To Whom It May Concern:

Pursuant to the Freedom of Information Act ("FOIA"). 5 USC section 552, the Government Accountability Project (GAP) and the Trial Lawyers for Public Justice (TLPJ) request copies of,any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, policy discussion papers, recommenda-tions, SECY papers, telephone messages,-voice recordings, and any other information compilation or issuances and any and all other records or reports generated or prepared by Victor Stello beginning with his appointment as Acting Executive Director.

This request should be broadly construed to include all the ,

daily activity logs of Mr. Stello, and any documents generated by his office staff and over which he excercises control. We expect that this request will produce records of all meetings Mr. Stello has with any industry representatives,.such as representatives of NUMARC, or the Atomic Industrial' Forum including all records of conversations with Mr. Stello's predecessor.

This request includes all agency records, whether they currently exist in the NRC official," working," investigative or other files, or at any other location, including private residences.

If any records as defined in 10 C.F.R. 9. 3 a'(b) and the NRC manual, and covered by this request have been destroyed snd/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).

GAP and TLPJ request that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 USC section 552 (a) (4) (a) . GAP is non-profit, non-partisan public interest organization concerned with honest and open government. Through public outreach, the Project

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January 20, 1986 Page Two promotes whistleblowers as agents of government accountability.

The Trial Lawyers for Public Justice's Citizen Legal Clinic is also a non-profit, public interest group which assists individuals throughout the country to right intentional or  ;

unintentional wrongs caused by the actions of others'. TLPJ is assisting citizen intervenors in several cases now before the NRC.

We are requesting the above informatilon as part of an ongoing monitoring project on the adequacy of the NRC staff's performance of their responsibilities in protecting public health ,

and safety. )

For any documents or portions that you deny due to a l specific FOIA exemption, please provide an index itemizing and i derscribing the documents or portions of documents withheld. The I iindex should provide a detaile'd justification of your grounds for claiming each exemption, explaining why each exemption is l relevant to the document or portion of the document withheld. l This index is required under Vaughn v. Rosen (I), 484 F.2d. (

section 820 (D.C. Cir. 1973), cert. denied, 415 U.S. section 977 (1974).

We look forward to your response to this request within ten days.

Signcerely,

$_b0 J G Billie Pirner Garde BPG:41901

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GOVERNMENT ACCOUNTABluTY PROJECT 1555 Connecticut Avenue, N.W., Suite 202 (202)232-8550 Woshington, D.C. 20036 January 27, 1986 .

FREEDOM OF INFORMATION ACT FREEDOM OF INFORMATION Director ACT. REQUEST Office of Administration g M'P[s -$

Nuclear Regulatory Commission Washington, D.C. 20555 To Whom It May Concern:

Pursuant to the Freedom of Information Act ("FOIA"). 5 USC section 552, the Government Accountability Project (GAP) and the Trial Lawyers for Public Justice (TLPJ) request copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, policy discussion papers, recommenda-tions, SECY papers, telephone messages, voice recordings, and any i other information compilation or issuances and any and all other i records or reports generated or prepared by Victor Stello I beginning with his appointment as Acting Executive Director.

This request should be broadly construed to include all the 1 daily activity logs of Mr. Stello, and any documents generated by j his office staff and'over which he excercises control. We expect 1 that this request will produce records of all meetings Mr. Stello j has with any industry representatives, such as representatives of NUMARC, or the Atomic Industrial Forum including all records of conversations with Mr. Stello's predecessor.

This request includes all agency records, whether they currently exist in the NRC official," working," investigative or other files, or at any other location, including private residences.

If any records as defined in 10 C.F.R. 9.3a(b) and the NRC manual, and covered by this request have been destroyed snd/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).

GAP and TLPJ request that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 USC section 552 (a) (4) (a) . GAP is non-profit, non-partisan public interest organization concerned with honest and open government. Through public outreach, the Project f b g&f 0}& fl

/

January 27, 1986 Page Two promotes whistleblowers as agents of government accountability.

The Trial Lawyers for Public Justice's Citizen Legal Clinic is also a non-profit, public interest group which assists individuals throughout the country to right intentional or unintentional wrongs caused by the actions of others. TLPJ is assisting citizen intervenors in several cases now before the NRC.

We are requesting the above informatilon as part of an i ongoing monitoring project on the adequacy of the NRC staff's performance of their responsibilities in protecting public~ health and safety.

For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and derscribing the documents or portions of documents withheld. The lindex should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.

This index is required under Vaughn v. Rosen (Il, 484 F.2d.

section 820 (D.C. Cir. 1973), cert. denied, 415 U.S. section 977 (1974).

We look forward to your response to this request within ten days.

Signcerely, u h.

Billie Pirner Garde BPG:41901 1

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STAFF REOUIREMENTS FOR DESIGN BASIS THREAT MEETING STELLO WITH COMMISSION, JANUARY 28, 1986 ROE REHM DATE: 01/16/86 SNIEZEK ASSIGNED TO: NMSS CONTACT: DAVIS SHEA OCUNNINGHAM DENTON SPECIAL INSTRUCTIONS OR REMARKS: TAYLOR FOR APPROPRIATE ACTION O

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