ML20235D379

Final Response to FOIA Request for Documents Re Plant Fitness for Duty Program.Forwards App F & G Documents. Documents Also Available in Pdr.App G Documents Partially Withheld (Ref FOIA Exemption 6)

ML20235D379
Person / Time
Site:	Vogtle
Issue date:	07/01/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Bauman L GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20235D383	List: ML20235D379 ML20235D425 ML20235D489 ML20235D557 ML20244E628
References
FOIA-87-90 NUDOCS 8707100146
Download: ML20235D379 (4)

Text

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! 'g / INFORMATION ACT (FOIA) REQUEST hO JUL -

1987 ees.e DOCKET NUMatR+$i vr appacsom 660VESitR '

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PART 1.-RECORDS Rf LE ASED CR NOT LOCATED (See checked bones)

No agency records subsect to the request have been located No additonal agency records subsect to the request have been located.

Agency records subject to the request that are identifed in Appendix are already available for public inspection and copying en the NRC Public Document Room, 1717 H Street, N W., Washington, DC Agency records subsect to the request that are identified in Apperidin b sie being made avadaMor public inspection and copying in the NRC Public Document Room 1717 H Street N W., Washington, DC, in a foloer under this FOIA number and requester name The nonproprietary version of the proposal (si that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and coving at the NRC Public Document Room,1717 H Street. N W . Washington, DC, in a folder unoer the FOIA number and requester name.

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

Agsney records subiect to the requast are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments section.

Ibcords subsect to the request have been referred to another Federal agencyhest for revew and direct rasponse to you.

In vow of NRC's response to the request, no further action a being taken on appealletter dated

• • • T 18 e "ORM.^T!ON WTHHELD FROM PUBLIC DISCLOSURE Cartain information in the requested records is being withheld from pubhc declosur pursuant to the FOIA esemptions described in and for the reasons stated in Part 11. sec-tions B. C. end D. Any released portions of the documents for which only part of the record a being withheld are being made available for public inspection and copying in the 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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8707100146 870701 PDR FOIA '

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FMEEDOM CF INFORMATION ACT RESPONSE FOIA NUMBERfSL PART ll B- APPLICABLE FOlA EXEMPTIONS FeI4 - F F @ oitE A1= ~"

Records subject to the request that are described in the enclosed Appendices are being wrthheld in their entirety or in part under FOIA Esemptions and for the reasons set forth below pursuant to 5 U.S.C. 552tbl and 10 CFR 9 5(a) of NRC Regulations.

I r The withheld mformation a property classifed pursuant to Executive Orcer 12356 tEXEMPTION 17 2 The withheid information relates solely to the miemal personnel rules and procedu es r of NRC. (EXEMPTION 2) I 3 The withheld mformation a specihcally esempted from public disclosure by statute mdicated (EXEMPTION 3) 1 Section 141-145 of the Atomic Energy Act which prohibits the declosure of Restricted Data or Formerly Restricted Data (42 U S C. 2161-2t651 l Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information (42 U.S C. 2167).

4 The withheld information m a trade secret or commercial or financial information that is bemg withheld for the reasonis) indicated. (EXEMPTION di The information is considered to be confidential business tpropretaryl mformaton.

The information is considered to be propretary information pursuant to to CFR 2.790ldHtL The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(dH21.

6 The withheld information cors.m of sinaragency or intraagency records that are not available through discovery during litigation. Declosure of predecs anal informator' would tend to inhibit the open and frank enchange of ideas essential to the dehberative process. Where records are withheld in their entirety, the facts are inextricably mtertwmed with the predecisenal mformation. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect mouery mto the preoecmenal process of the agency. (EXEMrTiON 5#

6 The withheld information a esempted from pubhc deciosure because its dmelosure would result in a clearty unwarranted invasion of personal p.ivacy. IEXEMPTION el 7 The withheld mformat' ion consats of investigatory records compiled for law enforcement purposes and is being withheld for the reason (s) indicated iEXEMPTION 7)

Declosure would interfere with an enforcement proceeding because it could reveal the scope. directen, and focus of enforcement efforts. and thus could possibly allow them to take action to shield potential wrongdomg or a violation of NRC requirements from investigate s. (EXEMPTION 7%H Declosure would constrtute an unwarranted muasion of personal pnvecy iEXEMPTION 7(CH The mformation consists of names of mdividuals and other information the declosure of which would revealidentities of confidential sources IExEMPTION 740H PART 11 C-DENYING OFFICIALS Purs ant to 10 CFR 9 9 and 'or 915 of the U S Nuclear Regulatory Commission rquistons. It has been determined that theinformaton withheld e exempt frora production or declosve end t*at ris production or disclosure is contrary to the public interest. The persons responsible for the denial are those officials soentified below as cenying officam and the Direew Divmon of Rules and Records. Office of Adminstration, for any denials that may be appealed to the Executive Director for Operations iEcon i DENYING OFFICIAL TITLE / OFFICE l RECORDS DENIED APPELLAT E OFFICIAL b s % E, '}n u h u Bacfyt) 6 0 po d iq G. * *L" # 'm 0 %k >Lu%& %m Rw ax. 6 X i 0

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l PART 11 D- APPEAL RIGHTS The denial by each denying official identified in Part il C may be appealed to the Appellate Official identified in that section. Any such appeat must be in wnting and must be made withm 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 Commissen, U.S. Nuclear Regulatory Commission Washington, DC 20555, and should clearly state on the envelope and ,in the letter that 11 is an " Appeal from an snetial FOIA Decision."

i NIC FOM4 404 (Part 2) U.S. NUCLEAR REGULATORY COMMISSION oasi FOIA RESPONSE CONTINUATION

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, GOVERNMENT ACCOUNTABIUTY PR'OJECU i 555 Connecticut Avenue. N W., Suite 202 .

Woshington. D C. 20036 (202)2324550 l I GOVERNMENT ACCOUNTABILITY PROJECT /

l MIDWEST OFFICE 3424 MARCOS LANE APPLETON, WISCONSIN 54911 Jahuary 29, 1,987 FREEDOM ~~~ OF INFORMATION ACT REQUEST-fREEDON OF iMFORMATOW Director ACT REQUEST Of fice of Administration-U.S. Nuclear Regulatory Commission ,

Washington D.C. 20210

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h 90 y Ig g .jg g TO WHOM IT MAY CONCERN:

Pursuant to the Freedom of. Info ~rmation Act (FOIA), 5 U.S.C. 552, the Government Accountability Project.JGAP) reques'ts copies of any and all agency records and information, in'cliding btitDnot limited to notes, letters, memoranda, draf ts, minutes, diaries, log s1, calanders, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studi:esa data sheets, notebooks, books, telephone messages, computations; voire v ecordingst, computer runoffs, any other data compilations, interimrandf6r final reports, status reports, and any and all other rec.ords relevant to.and/or generated in connection with abuse Inspection at Vogtle.Report 50:-424/86-91; dated November 13, 1986, regarding drug This request includes all agency". records as defined in 10 C.F.R. 9.3a(b)

October 8, and the NRC Manual,,AppendixcO21T, Parts ll.A.2 and A.3 (approved 1980) whether they currentlyi' exist in the NRC "offical, working" investigative or other files, or at any other location, wincluding private residences.

If any records, as d'efined in-10.iC.T R. 9.3a(b), and the NRC Manual, supra,request, this and covered by this ' request havenbeen destroyed and/or removed after please provide all surrounding reco~res, 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')s taken to, generated in connnection with, and/or issued in order to implementn the action (s).

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GAP requests that fees be waived, because " finding the information can be considered as primarily benefiting the general 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 Environmental Whistleblower Clinic, GAP of fers assistance to local public interest and citizens groups and interveners 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 docur.ents 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 a detailed justification of your grounds for claiming each exemption, explaining why each exemtion is relevant to the document or portion of the document withheld. This index is required under Vaughn v.

Rosen (I), 484 F2d 820 (D.C. Cir. 1973-), cert. denied, 415 U.S. 977 (1974).

We look forward to your response to this request within ten (10) working days.

Sincerely,

/ 0/ /b Ev41Cfff Linda Bauman FOIA Coordinator Midwest Office Responses to this request should be mailed to :

Government Accountability Project Midwest Office 3424 Marcos Lane Appleton, Wisconsin 54911

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