ML20235E042

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Final Response to FOIA Request for Documents.App a Documents Available in Pdr.Forwards App B & C Documents.App C Documents Partially Withheld (Ref FOIA Exemption 6).App D Documents Completely Withheld (Ref FOIA Exemptions 5 & 7)
ML20235E042
Person / Time
Site: Wolf Creek Wolf Creek Nuclear Operating Corporation icon.png
Issue date: 07/01/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Stephens S
NUCLEAR AWARENESS NETWORK
Shared Package
ML20235E045 List:
References
FOIA-86-331 NUDOCS 8707100395
Download: ML20235E042 (6)


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RESPONSE TO FREEDOM OF A I "

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INFORMATION ACT (FOIA) REQUEST DOCKEY NuMetRese i# eppaceow REQUESTER Ms. Stevi Stephens NAN s

PART l.-RECORDS RELE ASED OR NOT LOCATED (See checAea bonesi e

No agency records subject to the request have been located.

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

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Agency records subsect to the request that are identifed in Appends are already availacae 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 identifed in Appendut __8 '

are being made available for public inspecten 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 The nonproprietary version of the proposaltsl that you agreed to accept in a telephone conversaten with a memoer of my staff is now being made available for public inspection j

and coying et the NRC Public Document Room,1717 H Street, N.W, Washington, DC, in a folder under this FOtA number and requester name.

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

Agency records subsect to the request are enclosed. Any applicable charge for copes of the records proviced and payment procedures are noted in the comments section.

Rscords subsect to the request have been referred to another Federal agency (iest for review and direct response to you.

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In view of NRC's response to this request, no further action is being taken on appeal letter dated PART H.A-INFORMATION WITHHELD FROM PUBilC DISCLOSURE Certain informat' n in the requested records is being withheld from pubhc d6sclosure pursuant to the FOIA enemptions described in and for the reasons stated in Part II, sec-o tions 8. C, and D. Any released portens of the documents for which only part of the record is bemg wit" herd are being made available for public inspection and copying in X

the NRC Public Document Room,1717 H Street, N.W., Washington, DC in a folder under this FOIA nuroe' and requester name Comments l

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l 8707100395 870701 PDR FDIA STEPHEN 86-331 PDR

  1. Si URE. DIRECTOR, OlvlSION OF RULE A. RECORDS h2 NRC FORM 464 IPert h i 9 415)

FREEDOM OF INFORMATION ACT RESPONSE '

FOlA NUMBERiSP f 0T A.M.331 DATE JUL 1iw PART lt B-APPLICA8LE FOIA EXEMPTIONS C&D Records subject to the request that are desenbed in the enclosed Appendices are being ethheld in their entirety or in part under FOIA

. Esemptions and for the reasons set forth below pursuant to 5 U.S C,552(b) and 10 CFR 9.5(at of NRC Reg,ations.

1. The withheld information is properly classified pursuant to Enocv%e Order 12366 fExEMPTION tl
2. The withheld mformation relates solely to the intema! personnel vere and procedures of NRC dEXEMPTION 21 l
3. The withheld information a specifically exempted from public disclosure by statute indicated. (EXEMPTION 3)

Sec tion 141145 of the Atomic Energy Act which prohibits the declosure of Restricted Data or Formerly Restnctee Data 442 U.S C. 216121651.

<3 Section 147 of the Atomic Energy Act which prohibits the dsciosure of Unclassif ed Safeguards Information 142 U S C. 2167).

G. The withheld information is a trade secret or commercial or financial information that is being withheld for the reasormsi mdicated: IEXEMPTION 4)

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

The information is considered to be propnetary mformation pursuant to 10 CFR 2.790(d)(1L l

The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790tdM2L

5. The withheld iriformation consists of mteragency or intraagency records that are not available through discovery dunes litigation. Declosure of predecisional information would tend to mhibit the open and frank enchange of ideas esseetial to the deliberative process. Where records are w:nheid in their entirety the facts are inextncably X

intertwined with the predecesonalinformation. There also are no reasonably segregable factual portions because the reaease of the facts would permit an mdirect inquiry into the predecisional process of the agency. (EXEMPTION 5)

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6. The withheld information is exempted from public disclosure because its declosure would result in a clearly unwarrafaed invasion of personal pnvacy. (EXEMPTION 61 X
7. The withheld information con *'ais of inve=9*'orv 'acords comp *ed for law enforcement purposes and is being withbeed for the reasontsi indicated. (EXEMPTION 71 Discfosure would interfere with an enforcement proceeding because it could reveal the scope, direction, and focus o enforcement efforts, and thus could r

X possibiv eiio* tnam to take action to stiteid potentiai wronado na or a vioiaison of NRC requirements from investigators. IEXEMPTION 71 AH Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7tCH The information consists of names of individuals and other information the disclosure of which would reveal identoes of confidential sources. (EXEMPTION 7(OH PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 9.15 of the U S Nuclear Regulatory Commasion regulations. it has been determined that the infor etion withheld is exempt from production or disclosure, and that its production or declosure is contrary to the public mierest. The persons responsible for the denial are those officiais.oentified below as denymg officials and the Director, Division of Rules and Records, Office of Adminstration, for any densais that may be appealed to the Esecutive Director for Operations dDol DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL S'c"" *

'oo Regional Administrator, Robert D. Martin Reaion IV Anoendix C X

Director, Office of Ben R. Havos Investigations Anoendix D/1 X

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Assistarit General

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,lampe A. Fitzgerald Counsel Apoendix D/2-4 X

PART 11 D-APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified 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 " Appeal from in initial FOIA Dec.sion."

CDC FORM e64 (Pert 2>

U.S. NUCLEAR REGULATORY COMMISSION

  • asi FOIA RESPONSE CONTINUATION

Re:

FOIA-86-331 APPENDIX A

RECORDS MAINTAINED AMONG PDR FILES NUMBER DATE DESCRIPTION 1.

8/28/85 Letter from R. P. Denise to G. L. Koester.. transmitting inspection' report,- 50-482/35-28. Accession No. 8509040097 2.

Office of Investigations' investigation case 4-85-011 is subject to your request and was addressed under the pending lawsuit, GAP v. NRC, Civil Action No. 36-1976, TFH, and NAN v. NRC, Civil Action No. 86-3201, TFH. The non-exempt portions of 4-85-011 were provided in a letter to Robert V. Eye.

from Amy Krupsky dated April 30, 1937, and are available in the PDR in file folder F01A-34-291 under the name Brosius.

.0ther additional records that are subject to your request are-being addressed under the lawsuit.

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APPENDIX h F01A 86-331 Documents Being Placed in the PDE Under the Above Request Number 1.-

10/1/85 Facsimile transmittal sheet, Region IV, L. E. Martin to M. E. Emerson (1 page) 2.

10/1/85 Memorandum, J. E. Cummins SRI Wolf Creek, to L. E. Martin, subject: Allegation -

Document Control at WCCS (1 page) 3.

12/27/85 Allegation Data Input sheet, re: vault documents being mishandled, etc.

(1 page) 4.

2/21/86 Memorandum, J. E. Cummins to D. M. Hunnicutt, I

subject: Followup of Allegation Dated I

October 1, 1985, and Titled, ' Allegation-Document Control at WCCS' 4-85-A-102 (3 pages)

attached, 5.

6/1/85 Document transmittal sheet, Wolf Creek, 'To QA Records Room' (1 page) 6.

2/26/86 Memorandum. D. M. Hunnicutt to M. E. Emerson, subject: Mismanagement of QA Vault Records,

(

Reference:

4-85-A-102, dated October 1, 1985)

(1 page) 7.

4/29/86 Allegation Review, Wolf Creek, subject:

Mismanagement of QA vault records.

(1 page) 8.

Undated NRC, Task Force - KG6E Quality First Review, Record of Review form, KG&E (2 pages)

Re:

F01A-APPENDIX RECORDS PARTI ALLY Wl-T-HHELD..

NUMBtR DATE

. DESCRIPTION &' EXEMPTION 1.

10/7/85 Letter from Mark Emerson,to named-individual, subject:

RIV-85-A-0102.

(1 pagel Portions,' Exemption 6 2.

Undated Statement of Conc, erns.(-1 :page.) Portions, Exemption 6 3.

10/9/85 Certified mail receipt (1 page) 1)ortions, Exemption 6 4.

10/31/85 Handwritten note,. initials ME.

(120 age) Portions, Exemption 6 5.

5/1/86 Letter from !iark Emerson to named < individual, subject:

Allegation No. 4-85-A-102.4(3 page) Portions Exemption 6 6.

Undated Return receipt copy.

(1 page) Portions, Exemption 6 1

Re:

F01A.86-331 APPENDIX D RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION 1.

One 01 investigation is still ongoing and is being withheld pursuant to Exemption (7)(A).

2.

4/17/86 Memo from James A. Fitzgerald, Assistant General Counsel, to Ben Hayes, Director, Office of Investigations, subject:

Request for Opinion. (Exemption 5) 3.

Undated Draft of above memorandum. (Exemption 5) 4.

Undated One page handwritten notes. (Exemption 5) l i

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