ML20234F474
| ML20234F474 | |
| Person / Time | |
|---|---|
| Issue date: | 06/26/1987 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Bauman L GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-87-91, FOIA-87-A-32 NUDOCS 8707080234 | |
| Download: ML20234F474 (4) | |
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[h 'Ob a macg'o UNITED STATES l'
NUCLEAR REGULATORY COMMISSION
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,s June 26, 1987 OF FICE OF THE SECRETARY Ms. Linda Bauman F0IA Coordinator Midwest Office i
Government Accountability Project 104 E. Wisconsin Avenue Appleton, Wisconsin 54911-4897 Re: Appeal of F0IA 87-91 (87-A-32CE)
Dear Ms. Bauman:
This letter responds to your June 15, 1987 appeal of the agency's May 13, 1987 response to F0IA 87-91, for records pertaining to 01 investigation case no. A4-86-003 discussed in Board Notification 86-22. Specifically, you appeal the agency's full and Appendix D documents (partial denial under F0IA Exemptions 6 and 7(C) of see attachment).
This letter only addresses Comission level documents 10 and 11 of Appendix D.
The Executive Director for Operations will address the appeal of staff documents 1-9 of Appendix D by a separate letter.
i The agency re-reviewed the withheld portions of documents 10 and 11 of Appendix D.
Based on that review, I affim the agency's initial action with respect to these documents.
The documents contain names and other identifying informatior the disclosure of which would constitute an unwarranted invasion of personal privacy under F0IA Exemptions 6 and 7(C).
If a privacy interest is found to exist, a balancing between the rights of the individual and any public interest in disclosure must be undertaken.
Department of Air Force v. Rose, 425 'J.S. 352,
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372 (1976).
Exemptions 6 and 7(C) were intended to prevent disclosure of names or identifying infomation that would embarrass or injure the reputation of private individuals.
Id. at 376-77; Lamont v. Department of Justice, 475 F.Supp. 761, 776 n.64 (S.E N.Y. 1979). Having applied the balancing test to the withheld information, the Commission detemines that the privacy interests outweigh the public interests in disclosure. Thus, withholding of the infomation under Exemptions 6 and 7(C) is appropriate.
Furthermore, document 10 also contains confidential source infomation I
withholdable under F0IA Exemption 7(D).
See 10 C.F.R. 9.5(a)(7)(iv), United Technologies Corp. v. NLRB, 777 F.2d 90 (N Cir.1985).
This letter represents final agency action on your June 15, 1987 F0IA appeal.
Judiciel review of the denial of documents is available in Federal District l
8707080234 870626 PDR FOIA B AUMAN 87-A-32 PDR
2 Court in the district in which you reside or have your principal place of business, or in the District of Columbia,
- incerely,
]w 11]k I
/
amuel J.
A.
l' Secretary af the Commissi
Attachment:
Appendix D
Re:
F O.,- 87 91 AFPENDIX D
RECOR05 PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION 1.
12/2/85 Allegation Data Input - Comanche peak.
Withhold in part 50-445/446, anonymous caller to M.
pursuant to 10 CFR Emerson. A4-86-003 (1 page) 9.5(a)6, personal privacy FOIA Exemption 6 2.
12/2/85 Handwritten note, unsigned (1 page)
Same as above 3.
12/2/85 Allegation Review Form, case No. 4-85-A-Same as above 123, Anonymous Walkdown Engineer (1 page) 4.
12/16/85 Handwritten note, unsigned (1 page)
Same as above I
5.
12/17/85 Memorandum, T. F. Westerman to Mark Same as above j
Emerson, subject:
" Allegation 85-A-123 (Anonymous Allegation)"
(1 page) 6.
1/31/86 Memorandum, Robert D. Eartin, RIV, to Same as cheve i
Richard K. Herr, OIRIV, subject: " Request For Investigative Assi. stance During l
Upcoming Comanche Peak Inspection" 4-85-A-123 (1 page) 7.
4/16/86 Allegation Review. 4-85-A-123. "B&I" Same as above (1 page) 8.
Undated Memorandum, Mark Emerson to File Same as above 85-A-123, subject:
" Receipt of Anonymous Allegation" (1 page) 9.
Undated Randwritten note, unsigned (1 page)
Same as above
I Re: F01Ao 87 91 APPENDIX 0
l RECORDS PARTIALLY W11HHELD huMBER DAtt DESCRIPTION & [IEMPTION 10, Undated Details of Assist (3 pages)
Exemptions 6 and 7C 11.
Undated Fage 2 of Investigative (2 pages)
Exemptions 6, and l
Assist with changes made.
7C dated 3/7/86 l
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RESPONSE TO FREEDOM OF M'N
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INFORMATION ACT (FOIA) REQUEST MAY 13 1987
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$Y &$1M g PART t -RECORDI RELE ASED O'R NOT LOCATED ISee checked bonesi No agency records subpect to the request have been located No additional agency records subject to the request have been located Agency foCords subject to the request that are centified in Appendia are already available for pubhc inspection and copymg in the NRC Public Document Room, 1717 H Street. N W., Washington, DC.
b are being made aveslable for pubhc mspection and copymg in the NRC Pubhc Document Agency records subject to the request that are identrhed m Appendia Room,1717 H Street, N W., Washmgton. DC. m a folder under this FOIA number and requester name.
The nonproprietary verson of the proposalts) that you agreed to accept in a teisphone conversaten with a member of my staff a now being made avalable for public inspecten and coving at the NRC Pubhc Document Room,1717 H Street, N W, Washington, DC, e a folder under this FOIA number and requester name.
Enclosed a snformation on how you may obtain accesa to and the charges for copying records placed m the NRC Pubbe Document Room,1717 H Street, N.W., Washington, DC.
Agency records subiect to the request are enclosed Any applicab6e charge for copies of the records provided and payment procedures are noted in the comments section.
Records subject to the request have been referred to another Federal agencybes) for revew and direct response to you.
I in vow of NRC's response to the request, no further acten a being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam informaton m the requested records is being withheld from pubic disclosure pursuant to the FOIA exemptons descriled in and for the reasons stated in Part 11, sec-tions 8, C, and D. Any released portons of the documents for which only part of the record a being withheld are being rnade available for pubhc inspecten and copying in the NRC Pubiec Document Room,1717 H Street, N W., Washington, DC, m a foeder under the FolA number arx! requester no no.
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FoT A 87-w Dm MAY 1 e is FREEDOM OF'INFORMATION ACT RESPONS FOIA NUMBER $1 PART 18 B-APPLICABLE FOIA EXEMPTIONS l
Rscotds wbrect to the request that are described in the enclosed Appendices _... D and E a,e bemg,,inheid,n ines, eni,,ety o,,n pa,t unde, FOIA l
Exemptions and for the reasons set forth below pursuant to 5 U S C. 552(b) and 10 CFR 9 5tal of NRC Regulations 1 The umd mformaton e property class 4 fed pursuant to Esecutive Order 12356 (EXEMPTION 11
- 2. The eeed informat.on rotates solely to the it'ternal personnel tules and procedures of NRC # EXEMPTION 21 3 The nevd mformation is sciecifically exempted from pubhc dsclosure by statute indicated IEXEMPTION 3)
Soc.cm 141 145of the Atomic Erergy Act which prohibits the d selosure of Restncted Data or Formerfy Restncted Data 142 U S C 216121651 l
Seewn 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards informattan i42 U S C. 21671.
- 4. The weheid mformaton e a trade secret or commercial or financial information that a bemg withheld for the reasontsi indicated IEXEMPTION 4) l The Wormation a considered to be confidential business Ipropnetary) mformation.
The eformaton is conssdered to be propnetary mformaton pursuant to 10 CFR 2.790tdH1).
The e,formaton was submitted and received m confedence from a foreign source pursuant to 10 CFR 2.790(dh2e
- 5. The ethheid information consets of interagency or mtraagency records that are not available through decovery durmg htigation. Osclosure of predecisional information would tend to inhibit the open and frank enchange of ideas essential to the dehbr rative process. Where records a*e ethheid m their entirety, the facts are inestncably eterramed mth the predecsonal mformaten. There also are no reasonably segregable factual portions because the reiease of the facts would permit an inchrect mouiry mto tne predecmenal process of the agency. (EXEMPTION 5)
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- 6. The ethheld mformation a enempted from pubhc disclosure because its dsclosure would result in a clearly unws" anted mvason of personal pnvacy. (EXEMPTION 61 X
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~5"a id a'o'='oa coa=='= o' ****a 'a'v co'o* comadad 'o' * *^'o'c'- ni a <ao > ana 'a b 'ao -tveld for the reasontal mdecated. IEXEMPTION 7)
Docsosure would interfere eth an enforcement proceeding because it could reveal the scope. directen, and focus of enforcement eNorts. and thus could poemmoty allow them to take actson to snield potential wrongrbmg or a violaton of NRC requirernents from investigators. IEXEMPTION HAH X
Decnosure wouki constitute an unwerranted muss on of personal pnvacy (EXEMPTION 7(CH l
The informaton consets of names of mdiveduals and other nformaton the disclosure of which would reveal coatities of confidential sources (EXEMPTION 7(DH PART la C-DENYING OFFICIALS Pursuant to 10 CFM 9 9 and /or 915 of the U.S. Nuclee< Regulatory Commasecn regulatons. It has twen determined that the miormaton ethhed a enempt from producten or descosure.
ar d that ris pmoucten or declosure a contrary to the pubhc mte est. The persons responsible for the Conra; are those offc4s identifed below as der *ying offcsis and the Director.
Divsion of RJes and Records. OMce of Administration, for any dentais that may be appealed to the Execubve Director for Operations ED01 DEWNG OFFICIAL TITLE / OF FICE RECORDS DENTED APPERATE OHICIAL 4M b. Mnh Ned kbwe6 Awahhhw A
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NRc bia E b.ibh bh be d Diru N CMec AppenkMD M
Avec dMws M%nes No
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aJ b/ff M Ard e hbmeMi-PART II O-APPEAL RIGHTS The deniaf by each denying official identified in Part fl.C rnay be appealed to the Appellate Official identified in that section. Any such appeal must be in wrrting and must be made within 30 dan of receipt of this response. Appeals must be addressed as appropnate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nmlear Regulatory Commission, Washington, DC 20565, and should clearly state on the envelope and in the letter that it as an " Appeal from an initial FOIA Decision."
asRc Form one teert 21 U.S. NUCLEAR REGULATORY COMMISSION
- esi FOIA RESPONSE CONTINUATION
Re: F 1 87 - 91
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APPENDIX B
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RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQU 3
NUMBER OfATE.
DESCRIPTION 1
l 1.
2/14/86 case chronology (1 page)
I 2.
Undated Investigation Status Record (1 page) 3.
2/14/86 Investigative Plan (1 page) 4.
Undated
-01 MIS Data Entry Form (1 page) 5.
2/14/86 Memo from Hert to Martin (1 page) 6.
2/14/86 Memo from Here to Martin (1 page) 7.
3/7/86 Memo from Herr to Martin (1 page) 8.
3/7/86 Title Page to ROI (1 page) i 5
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91
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Re:
F0I 87 APPENDIX C
RECORDSMAINTAINEDAMONGPORFILM NUMBER DATE DESCRIPTION 1
1.
11/13/86 Memorandum from V. Noonan to Comanche Peak ASLBP members-regarding: Assist in Review of TUGC0 Investigation -
(Case NO. A4-86-003 - Board Notification 86-22) 3 pages AN0 8611170012 i
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i Re:
F0,,,-
87 91 APPEN0lX 0
RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION 1.
12/2/85 Allegation Data Input - Comanche Peak, Withhold in part 50-465/446, anonymous caller to M.
pursuant to 10 CFR Emerson. A4-86-003 (1 page) 9.5(a)6, personal privacy FOIA Exemption 6 2.
12/2/85 Handwritten note, unsigned (1 page)
Same as above 3.
12/2/85 Allegation Review Form, case No. 4-85-A-Same as above 123, Anonymous Walkdown Engineer (1 page) 4.
12/16/85 Handwritten note, unsigned (1 page)
Same as above 5.
12/17/85 Memorandum T. F. Westerman to Mark Same as above Emerson, subject:
" Allegation 85-A-123 (Anonymous Allegation)"
(1 page) 6.
1/31/86 Memorandum Robert D. Martin, RIV, to Same as cleve Richard K. Herr, OIRIV, subject: " Request For Investigative Assistance During Upcoming Comanche Peak Inspection" 4-85-A-123 (1 page) 7.
4/16/86 Allegation Review, 4-85-A-123. "H&I" Same as above (1 page)
~
8.
Undated Memorandum, Mark Emerson to File Same'as above j
85-A-123, subject:
" Receipt of j
Anonymous Allegation" (1 page) 9.
Undated Handwritten note, unsigned (1 page)
Same as above i
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1 Re:. FOI A-87
'91 APPENDIX 0
i RECORDS PARTIALLY WITHHELD NUMBER O_A.T1 OESCRIPTION & EXEMPTION 10.
Undated Details of Assist (3 Pages)
Exemptions 6. and 7C 11.
Undated Page 2 of Investigative (2 pages)
Exemptions 6, and Assist with changes made, 7C dated 3/7/86 l
1 l
1
Re.
F01A-87 91 APPENDIX E
RECORDS TOTALLY WITHHELD NutEER DATE
_ DESCRIPTION FOIA EXE!4PTION 1.
2/18/86 Handwritten investigator's notes (3 pages)
Exemptions 6. and 7C l
y GOVERNMENT ACCOUNTADILITY PROJECT 1555 Connecticut Avenue. NV. Suite 202 Washington, D.C. 20036 (202)232-8,550 GOVERNMENT ACCOUNTABILITY PROJECT MIDWEST OFFICE 3424 MARCOS LANE APPLETON, WISCONSIN 549i1 January 29, 1987 FREEDOM OF INFORMATION ACT REQUEST M4 OF INFORMATION l
ACT REQUEST l
Director i
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Office of Administration U.S.
Nuclear Regulatory Commission Mi g
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Washington D.C.
20210 TO WHOM IT MAY CONCERN:
O Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.
- 552, the Government Accountability Project (GAP) requests copies of any and all agency records and information, including but not limited to notes, j
letters, memoranda, drafts, minutes, diaries, logs, calanders, tapes, 1
transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs; charts, maps, photographs, 1
agreements, handwritten notes, studies, data sheets, notebooks, books, telephone 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 generated in connection with OI Investigation (Case No. A4-86-003) discussed in Board Notification 86-22.
This request includes all agency records as defined in 10 C.F.R. 9.3a (b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NRC "offical l
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, supra, and covered by this request have been destroyed and/or removed after-this request, please provide all surrounding records, including but not j
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).
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GAP requests that fees be waived, because
" finding the j
information can be considered as primarily benefiting the general I
public," 5 U.S.C.
522 (a) (4) (a).
GAP is a non profit, non-partisan public interest organization concerned with honest and open government.
Through public outreach, the Project promotes whistleblowers as agents of government accountability.
Through it Enviromental Whistleblower Clinic, GAP offers assistance to local public interest and citizens groups and intervenors in the concern for safety at nuclear power plants.
We are requesting this information as part of an ongoing monitoring project of the NRC's efforts to protect public health and safety at and near nuclear processing plants and radioactive waste facilities.
For any documents or portions that you deny due to a specific FOIA exemption, please. provide an index itemizing and describing the
{
documents or portions of documents withheld.
The index should provide j
a detailed justification of your grounds for claiming each exemption, explaining why each exemtion is relevant to the document or portion 1
of the document withheld.
This index is required under Vaughn v.
Rosen (I), 484 F2d 820 (D.C. Cir. 197.3), cert. denied, 415 U.S.
977 (1974).
We look forward to your response to this request within ten (10) working days.
Sincerely, 4dcaf7 " aren Linda Bauman FOIA Coordinator Midwest Office l
i Responses to this request should be mailed to;:
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Government Accountability Project Midwest Office i
3424 Marcos Lane
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Appleton, Wisconsin 54911 i