ML20234B543
| ML20234B543 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/16/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Devine T, Dixon C GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML20234B545 | List: |
| References | |
| FOIA-84-743 NUDOCS 8709180459 | |
| Download: ML20234B543 (5) | |
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U.S. NUCLEAR REGULATORY COMMISSION NRc sou acoussi NvussRis) f*%g f 0f 0- Y ~
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RESPONSE TO FREEDOM OF M
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INFORMATION ACT (FOIA) REQUEST SEP 161987
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PART 1 -RECORDS RELEASED OR NO% LOCATED (See checked boxes)
No agency records subrect to the request have been located.
No additional egency records subsect to the request have been located.
Agency records evb ect to the request that are ident6ed in Appendin are already available for put$c irspecton and copying in the NRC Public Docurnent Room, t
1717 H Street, N.W., Washmgton, DC.
Agency records subject to the request that are identifed in Appendtx __._b are bemg made avadable for public rispection and copying in the NRC PutWic Document Roorn,1717 H Street, N.W,, Washington, DC, m a folder under the FOIA number and requester name.
The nonpropnetary version of the propot,0s) that you agreed to accept in a telephone conversaten weth a rnember of my staff a now being rnade avalab6e for public irupscten and coymg at the NRC Public Document Room 1717 H Street, N W, Washmgton, DC, m a fo6 der under the FOIA number and requester name.
Enclosed is information on how you (nay obtam access to and the charges for copying records placed in the NRC Public Documet Room,1717 H Street. N.W., Washingen. DC.
Agency records sub ect to the request are enclosed Any applicable charge for copies of the records provided and payment procedures are noted in the comments secton.
l Records subject to the request have been referred to another Federal agencybes) for review and direct response to you.
In view nf NRC's response to this request, no further action is bemg taken on appeal letter dated PART li.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam informaton in the requested records is bemg withheld from pubic disclosure pursuant to the FOI A enernotens descrted in and for the reasons stated in Part 11. sec.
tions B. C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspecten and copying in she NRC Pubhc Document Room,1717 H Street. N W., Washington, DC, in a folder under this FOIA number and requester name.
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.REqTOR. OlVISF n RULES AND SECOROS e
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NRC FORM 464 tPart 11 te ass
FREEDOM 'OF INFORMATION ACT RESPONSE FOtA NUM3ERIS):
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DATgn PART ll.8-APPLICABLE FOIA EXEMPTIONS
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' R cords outvect to the request that are described in the enclosed Appendices
_ are being withheld in their entirety or in po't under FO A
.Exemptons and for the reasons set forth below pursuant to 5 U.S.C,562(b) and 10 CFR 9 Stal of NRC Regulations.
l 1s The suchheld information is properfy classifed pesuant to Executive Order 12356 IEXEMPTION t) 2.1 The wwthheid information relates solely to the intomal personnel rules and procedures of NRC (EXEMPTION 25
- 3. The setMead information is specifically exempted from public disclosure by statute indicated: (EXEMPTION 31 '
M Section 141145 of the Atomic Energy Act which prohibits the declosure of Restncted Data'or Formerly Restricted Data 142 U.S.C. 21612166).
g Secaon 147 of the Atomic Energy Act which prohabets the disclosure of Unclassified Safeguards inforrnstion (42 U S.C. 2167L L
4.' The 'estweed information is a trade secret or comrnercial or financial'information that is bemg withheld for the reasords) indicated: (EXEMPTION 4) j 7te adormation is considered to be confidential busmosa (proprietary) information.
M The edormation is considered to be propnetary information pursuant to 10 CFR 2.790(dH11.
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Tto eWormation was subantted and received in confidence from a foregn source pursuant to 10 CFR 2.790(dR2).
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- 5. The ethheid information corisests of interagency or intraegency records that are not available through discovery dunng Ittigation. Osclosure of predecmonal eformaten would tend to inhibit the open and frank exchange of ideas essential to the deliberstwo process. Where records are withheld in their entirety, the facts are e artricabh intertwmed with the bodecisionalinformation. There sieo are no reasonably segregable factual portions because the release of the facts would permit an indeoct nouiry mto t predocmonal process of the agency. tEXEMPTION 5) 1
- 6. The setttend information le exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 6 s
- 7. The antfeeld information conssts of investigatory records compied for law enforcement purposes and is bemg withheld for the reasontal indicated. (EXIMPTION 71 rw+=,o would interfere with an enforcement proceeding because it could reveal the scope, directen, and focus of enforcement efforts. and thus could posepy allow them to take action to sheid potential wrongdomg or a violaten of NRC requirements from investigators. (EXEMPTION 7(AH
'l D-anmore would constitute an unwarranted invasion of personal privacy (EXEMPTION 7tCH l
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Tte esformation consists of names of individuals and othe..nformation the disclosure of which would reveal identrties of confidential sources. IEXEMPTION 7(00
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PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and/or 9.15 of the U.S. Nuclear Regulatory Comme,sion regulations, it has been determined that the information withheld is exempt from productior' or discicoure.
and that hs production or disclosure is contrary to the public interest. The persons responsible for the denial are those officials identified below as denying offices are the Drector.
Division of Aaes and Records, Office of Adminstration, for any denials that may be appeated to the Executive Director for Operations (EDOL DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFACIAL e
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PART ll D-APPEAL RIGHTS The derwal by each denying officialidentified in Part ll.C may be appealed to the Appellate Official identified in that section. Any such appeal rnust be b
. writing and rnust 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 20665, and should clearly state on the envelope and in the letter i
that it is an " Appeal from an Wtial FOIA Decision."
NIC Po1M aeOPwn 2 U.S. NUCLEAR REGULATORY COMMISSION tsa FOIA RESPONSE CONTINUATION
RE: F01A-84-743 (5thPartial)
I APPENDIX K RECORDS MAINTAINED AMONG PDR FILES DATE DESCRIPTION PDR NUMBER 1,
11/17/83 Memo for John B. Martin from William 8503200200 J. Dircks, subject: Review of 1
p'.
Allegations Outstanding On Diablo Canyon Nuclear Power Plant. (2 pages) 1 2.
3/29/84 Memo for Richard C. DeYoung and 8404130466 l
Harold R. Denton from William J.
Dircks, subject: Diablo Canyon Small andLargeBorePipingIssues.(2pages) 3.
5/23/84 Ltr to Palladino from Morris K. Udall, 8406210050 (1 page)
Hearing on Diablo Canyon. (1 page) 4.
7/6/84 Note to Harold R. Denton and Richard C. 8610100166.
DeYoung, subject: Diablo Canyon -
Appeal Board Decisions on Motions j
to Reopen and On Staff / Applicant Appeal of Initial Decision. (2 pages) 5.
9/5/84 Memo for Palladino, Roberts, 8706100505 Asselstine, Bernthal and Zech, from Carlton Kanmerer, subject: Diablo Canyon Congressional Field Hearings.
(3 pages) l i
n Re: F01A-84-743 (Fifth. Partial)
APPENDIX L RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER 1.
Undated Personal notes of names of persons at meeting with Congressional Staff.~(1 page) 2.
1/25/84 Attendance list at 1/25/84 meeting with Congressional Staff. (1 page) 3.
8/21/84 Memo for Tom Rehm from Carlton Kammerer,
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i subject: Energy and the Environment l
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l Re: F01A-84-743 (Fifth Partial) i
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APPENDIX M RECORDS TOTALLY WITHHELD - EXEMPTION 7(D)
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1 1.
8/83 Deficient Condition Notice. (10 pages) j 2.
1983 A11eger's Allegation Sumary. (10 pages)
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3.
1/13/84 Pullman Power's Discrepancy Report. (2 pages) 4.
1983 A11eger's Allegation Sunnary. (97 pages)
J 5.
1983 Howard Foley Co.'s Nonconformance Report. (5 pages) i l
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1984 Pullman Power's Discrepancy Report. (2 pages)
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7.
1984 Pullman Power's Discrepancy Report. (21 pages) i L
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,GOVERNMtNT ACCOUNTADIUTY PROJECT l
Institute for Pokey Studies 1901 Que Street N.W., Washington. D.C. 20009 i
(202)234 9382 September 13, 1984 l
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Director Office -of Administration FREEDOM OF INFORMATION U.S. Nuclear Regulatory Commission I
Washington DC 20555
%g gy 7 To Whom It May Concern:
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Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 5552, the Government Accountability Project (GAP) request copies of any and,all agency records and information, including but not limited to notes, letters, memoranda, dra ?ts minutes, diaries, logs, calendars, tapes, transcripts, summaries, interv:Lew reports, procedures; instructions, files, graphs, engineering analyses, charts, maps, photo-graphs, agreements handwritten notes, phone messages, com,putations, voice recordings, any other data compilatioi interim and/or final reports, status reports, and any other records relevant to and/or generated in connection with thd Safety Evaluation Report related to the operation of the' Diablo Canyon Nuclear Power Plant, Unit 1 and 2, NUREG-0675, Supplement No. 26, which provided the NRC Staff's further findings on whistleblower charges.
We request that each responsive document be identified by the allegation number (s) to which it
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may relate.
If any of the materials covered by this request have been destroyed and/or removed, please provide all surrounding documentation, including but not limited to a de-scription of the action (s) taken, relevant date(s), and justification (s) for the action (s).
GAP request that fees be waived, because " findings information can be considered as primarily benefitting the general public," 5 U.S.C. 5552(a)(4)(A).
' GAP is a non -
profit, non-partisan public interest organization concerned with honest and open Through legal representation, advice, national conferences, films, pub-government.
lications and public outreach, the project promat, eau whistleblowers as agents of government accountability. We are requesting the above information as part of an on-going monitoring project on the adequacy of the NRC's efforts to protect public safety f
and health at nuclear power plants.
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For any documents or portions that you deny due to a specific FOIA exemption, please 1
provide an index itemizing and describing the documents or portion of documents d
withheld.
The index 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),
l 484 F.2d. 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).
l We look forward to your response to this request within ten days.
j Yours truly,
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homas Devine C stal Dixon f
Legal Director, GAP Legal Intern g,
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