ML20215K198

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Final Response to FOIA Request for Documents Re Allegations Concerning Plant.Forwards App G & H Documents.Documents Also Available in Pdr.App H Documents Partially Withheld (Ref FOIA Exemption 6)
ML20215K198
Person / Time
Site: Midland
Issue date: 06/19/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20215K202 List:
References
FOIA-85-213 NUDOCS 8706250253
Download: ML20215K198 (4)
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Text

U.S. NUCLEAM MGULATOMY COMMISSION Nac soiA Reouest NuvetR's F0IA-85-213

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(..e.[.t INFORMATION ACT (FOIA) REQUEST QIh

JUN 191987 DOCKET NVM86R(Si ursapacefw i

F.tOVE 8tta l Ms. Billie P. Gn de PART t ~ RECORDS RELEASED OR NOT LOCATED ISee checked bonesi No agency records sub#ect to the request have been located.

No additional agency records subject to the request have been located.

Agency records subrect to the request that are identAed in Appendix are already available for public inspection and copyr g in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.

Agency records subsect to the request that are identifed in Appendix - G a,e being made evaiiaeie fo,,ublic inspectx>n and copying m ihe NRC pubiic Document i M Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name. l The nonproprietary version of the proposalisi that you agreed to accept in a telephone conversation with a member of my staff is now being made avaiable for pubhc inspection  !

l and coying at the NRC Public Document Room,1717 H Street, N W., Washington, DC, m a folder under this FOIA number and requester name.

Enclosed is information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N W., Washington, DC. i l

Agency records subject to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments section. l Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

In view of NRC's response to this request, no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cartain mformation in the requested records is bemg withheld from public disclosure pursuant to the FOIA ex=mptions described in and for the reasons stated in Part 11, sec-t ions B C. and D. Any released portions of the documents for which only part of the record is bemg withheld are Lemg made available for public inspection and copying in XX the NRC Public Document Room,1717 H Street. N W., Washmgton, DC, in a folder under this FOIA number and :equester name.

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  • . t FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERISt F01A-85-213 oATE JUN 191987 i PART ll 8- APPLICABLE FOIA EXEMPTIONS -)

Records subject to the request that are described in the enclosed Appendices H are being withheld in their entirety or in part under FOI A Exemptions and for the reason 6 set forth below pursuant to 5 U S.C. 552(b) and 10 CFR 9.5(al c8 NRC Regulations.

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1, The withheld informatson is properly classAed pursuant to Executive Order 12356 (EXEMPTION 11 l

2, The withheld information relates solely to the sniernal personnel rules and procedures of NRC. f EXEMP? % 21 j l

3 The wrthheld information is specifically esempted from public disclosure by statute indicated. (EXEMPT ON 31 s

Sect on 141145 of the Atomic Energr Act which prohibits the disclosure of Restricted Data'or Forme v Restncted Data 142 U S.C. 21612165).

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Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Inforation 142 U.S.C. 2167).

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4. The wrthheld information is a trade secret or comrnercial or financial information that is being withheld for the reason (s) indicated: (EXEMPTION di i

The information is considered to be confidential business (proprietary) information.

The information is considered to be propnetary information pursuant to 10 CFR 2.790(dH11. I The information was submitted and received in confidence from a foreign source pursuant to 10 CFH 2 790tdH2). l l

l 6 The withheld information conssts of interagency or intraagency records that are not available through decovery during litigation. Disclosure of predecisional information i would tend to 6nhibit the open and frank exchange of ideas essential to the deliberative process. Where ecords are withheld in their entirety, the facts are inextricably l intertwined wnh the predecisionalinformation. There also are no reasonably segregable factual portions because the release of the facts would permit an 6ndirect inquiry into the predecisional process of the agency. (EXEMPTION B) g 6. The withheld information is exempted from public disclosure beca.ese its disclosure would result in a clea*y unwarranted invaaen of personal privacy, IEXEMPTION 6) l l

7. The withheld informatx:in conssts of ir%estigatory records compiled for law enforcement purposes and is Desng withheld for the reason (s) indicated. IEXEMPTION 7) i' Disclosure would interfere with an enforcement proceeding because it could reveal the scope, directee. and focus of enforcement efforts, and thus could posaibly allow them to take action to shield potental wrongdoing or a violation of NRC requirements *om investigators. (EXEMPTION 7(A))

Disclosure would constitute an unwar anted invasen of personal privacy (EXEMPTION 7(CD The information cons sts of names of individuais and other information the disclosure of which would eveal identities of confidential sources. (EXEMPTION 7IDH PART ll C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and 'or 9.1$ of the U.S % clear Regulatory Commission regulatons, it has been determined Pat the informaGon withheld is exempt from production or disclosure.

and that its producten or disclosure is contraS to the public interest. The persons responsible for the denial are tnose officials identified below as denying officiais and the Director, Division of Rules and Records, Office of Administration, for any denials that may be appealed to the Executive Director for Operations isoot OENYING OFFICIAL TITLE- OF FICE RECORCS DENIED APPELLATE OFFICIAL lirector, Office of secear soo bn R - Hayes Investigations H-1 XX PART 110- APPEAL RIGHTS The denial by each denying officialidentified in Pait il.C may be appealed to the Appellate Officialidentified in that section, Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to ,

the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter ;

that it is an "Appeai from an initial FOIA Decision."

.. NRC F01M 404 (Part 21 U.S. NUCLEAR REGULATORY COMMISSION

<s* FOIA RESPONSE CONTINUATION -

RE: F01A-85-213 APPENDIX G RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER

1. Undated Handwritten notes regarding multiple listed allegations )

(1 page) Note: Poor quality xerox l

2. August 4, 1982 Memorandum for James A. Fitzgerald from James G. Keppler, .l re: Midland - Request for investigation of GAP l allegations-(2 pages) . .I i
3. May 18, 1984 Memo for C. E. Norelius from C. H. Weil, re: Review of Inquiry Report No. Q3-83-001 (1 page) without the enclosure
4. August 23, 1984 Letter to J. Harrison from John H. Taylor, BNL, re:

Welding allegations at Midland' (2 pages) with attached

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a. Undated Allegation Synopsis (5 pages)
b. Undated Allegation Category (1 page) i
5. August 28, 1984 Memo for J. Harrison from J. Foster, re: Brookhaven Review of A11eger's Concerns (1 page)  ;
6. September 28, 1984 Memo for C. H. Weil from R. F. Warnick, re: . Midland Allegations (2 pages)
7. March 14,1985 Memo for C. E. Norelius'from C. H. Weil, re: Review of Brookhaven National. Laboratory's~ Report on Midland Allegations (3 pages)'.with attached handwritten letter )

dated June 29, 1982 to Mr. Keppler from Billie Pirner ]

Garde transmitting six affidavits-(1 page) '

RE: F01A-85-213 .

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1 APPENDIX H=

i RECORDS PARTIALLY WITHHELD )

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1. March 27, 1985 Letter to E. Earl Kent from Charles H. Weil, re:

Information regarding Midland Nuclear Plant (1 page) without enclosure i

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J' i GOYERNIAENT ACCOUNTABILITY PROJECT 1555 Connecticut Avenue, N.W., Suite 202  ;

Washington, D.C. 20036 (202)202-8550 l March 25, 1985 Freedom of Information Act Request ,

1 Director FREEDOM OF INFORMAllON ]

Office of Administration ACT REQUEST j U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 hM $ 2./ 3 l To Whom It May Concern:

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Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. I Section 552, the Government Accountability Project (GAP) requests 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, inter-view reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, pho tographs , _ agreements ,

handwritten notes, studies, da ta sheets, notebooks, books, tele-phone messages, computations, voice recordings, computer runoffs, any other data compilations, interim and/or final reports, status ,

reports, and any and all other records relevant to and/or gener- i ated in connection with the Brookhaven National Laboratory (BNL)  !

investigation of the allegations of Mr. E. Earl Kent, and all  !

drafts, materials, etc., developed by Brookhaven. This request l includes all correspondence (of any type) between BNL and the Bechtel Corporation, Consumers Power Company, Southern California j Edison, and any representatives or staff members of the profes- i sional societies (i.e., AWS, ASME, ANSI, etc.).

This request includes all agency records as defined in 10 C.F.R. l Section 9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1900) whether they currently exist in the NRC official, " working", investigative or other files, or at any other location, including private residences.

If any records are defined in 10 C.F.R. Section 9.3a(b) and the NRC Manual, supra, and covered by.this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not111mited to a list of all records which have been or are destroyed and/or removed, a des-cription of the action (s) taken relevant to, generated in connec-tion with, and/or issued in order to implement the action (s).- '

GAP requests that fees be waived, because " finding the infor- '

mation can be considered' as primarily benefitting .the general pub-lic," 5 U.S.C. 552 (A) (4) (A) . GAP is a non-profit, nonpartisan c,n n;n,og '!

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Freedom of Information Request l March 25, 1985 Page Two {

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public interest organization concerned with honest and open l government. Through public outreach, the Project promotes l whistleblowers as agents of government accountability. Through  !

its Citizens Clinic, GAP offers assistance to local public interest  !

and citizens groups seeking to ensure the health and safety of their communities . The Citizens Clinic is currently assisting several citizens groups, local governments and intervenors in the ,

mid-Michigan area concerning the construction of the Midland plant. .

1 We are requesting the above information as part of an j ongoing monitoring project on the adequacy of the NRC's efforts  ;

to protect public safety and health at nuclear power plants.

i For any documents or any portions that you deny due to a j specific FOIA exemption, please provide an index itemizing and p describing the documents or portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is rele-vant to the document or portion of the document withheld. This i index is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).

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

N& M Billie Firner Garde i Citizens Clinic Director ,

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