ML20234B668

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Appeals Denial of FOIA Request for Release of Documents Requested on 850121 by Gap Re Comanche Peak Task Force
ML20234B668
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 06/25/1986
From: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
To: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
FOIA-85-59, FOIA-86-A-104 NUDOCS 8707060155
Download: ML20234B668 (2)


Text

e GOVERNMENT ACCOUNTABILITY PROJECT l 1555 Connecticut Awnue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 ,

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June 25, 1986 Victor Stello APPEAL CF INITIM. FDtA DECISION ]

Executive Director for Operations U.S. Nuclear Regulatory Commission g .,g , g {gh i l

Washington, D.C. 20555 kg/g ,

i Re: Appeal of FOIA 85-59

Dear Mr. Stello:

This is an appeal pursuant to subsection a(6) of the Freedom of Information Act as amended (5 U.S.C. 522), of the actual denial of the Commission to release documents requested on January 21, 1985 by the Government Accountability Project (GAP) regarding the Comanche Peak Task Force established in March 1984.

By letter dated May 27, 1986, Mr. Donnie Grimsley, Director of the Division of Rules and Records advised us that a review of mechanical / piping documents covering Appendix K records numbered 1-420 and Appendix L records numbered 1-360 had been completed.

We were informed that of the 420 documents listed in  !

Appendix K: 1 entire document and portions of 58 documents were being withheld pursuant to FOIA Exemption 5 because they contain the advice, opinions and recommendations of the staff concerning potential violations; 8 documents were being withheld in their entirety pursuant to FOIA Exemption 4 because they contain  ;

commercial information provided in confidence to the NRC; and 5 entire documents and portions of 45 documents were being withheld pursuant to an agreement reached at a May 8, 1985 meeting that identifying information concerning allegers would be protected from disclosure.

We were informed that of the 360 documents listed in 1 Appendix La portions of 26 documents were withheld pursuant to FOIA Exemption 5; and 4 entire documents and portions of 12 documents were withheld pursuant to the agreement reached at the May 8, 1985 meeting.

Please be advised that the agreement reached at the May 8, 1985 meeting was that the confidentiality of allegers would be protected from disclosure and at no time was it meant to extend to " interviewees" and "other individuals" as your letter states. j To the extent the documents withheld pursuant to the May 8, 1985 relate to anyone but "allegers" we appeal their denied release.

We believe we are entitled to release of the documents and portions of documents being withheld.

8707060155 860625 PDR FDIA GARDE 86-A-104 PDR

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We expect your response to this appeal within 20 working days of your receipt so that we can determine whether to pursue this matter-further in the courts.

Thank you for your consideration of this appeal.

Sincerely, f bM_

Billie Pirner Garde Director, Environmental Whistleblower Clinic

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