ML20235J979

Final Response to FOIA Request.Forwards App H & I Documents. App H Documents Also Available in Pdr.App I Documents Partially Withheld (Ref FOIA Exemption 7).App J Documents Completely Withheld (Ref FOIA Exemptions 5,6 & 7)

ML20235J979
Person / Time
Site:	Wolf Creek
Issue date:	07/10/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Stephens S NUCLEAR AWARENESS NETWORK
Shared Package
ML20235J982	List: ML20235J979 ML20235K020 ML20235K081 ML20235K130
References
FOIA-86-59 NUDOCS 8707160090
Download: ML20235J979 (5)

Text

U S. MUCLEAR REGULATORY COMMIGSION Nac toia ntoutsi Nuustaisi F0IA 59

[e=%A 1 ] {-. asseoNss Type l & 5 RESPONSE TO FREEDOM OF L X I *N^' I l * '

h f INFORMATION ACT (FOIA) REQUEST

(..... yg g o j g grj 00t,KET NuM8f R($a Ur smWwaam REQUESTER Ms. Stevi Stephens, NAN 50-482 PART I -RECORDS RELEASED OP NOT LOCATED (See checked bones)

No agency records subject to the request have been located.

No additional agency records subl ect to the request have been located.

Agency records subsect to the request that are identifed in Appendix are already available for public inspection and copying in the NRC Public Document Room.

)( 1717 H Street, N W., Washington, DC .

Agency records subrect tc the request that are identified in Appendix are being made available for public inspection and copying in the NRC Public Document Room 1717 H Street, N W., Washington, DC, in a folder under this FOIA number and requester name The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a memoer of my staff is now being made avenable for public inspection and coying at the NRC Public Document Room,1717 H Street, N W., Washington. DC. in a folder under thia FOIA number and requester name Enclosed is information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

Agency records subpect to the request are enclosed Any applicable charge for copes of the records provided and payment procedures are noted in the comments sectior.

Records subrect to the request have been referred to another Federal agencytes) for review and direct response to you.

In view of NRC's response to this request, no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part il, sec-X tions B C, and D Any released portions of the documents for which only part of the record is being wethheld are being made available for public inspection and copying in the NRC Public Document Room.1717 H Street, N W., Washington. DC. in a folder under this FOIA number and requester name Comments Other records that are subject to your request are subject to the lawsuit, GAP v. NRC, Civil Action No. 86-1976, TFH, and NAN v. NRC, Civil Action No. 86-3201, TFH.

8707160090 870710 PDR FOIA STEPHENS86-59 PDR n

SIGN RE lAECTOS DMS! F RVLEr P RECOA03 W L ./A% 4 f:

NRC FORM 464 (Pan n 69 281

FREEDOM t)F INFORMATION ACT RESPONSE FOIA NUMBER (Si FOIA-86-59 DATE l 10 m7 PART 11 B- APPLICABLE FOf A EXEMPTIONS Records subject to the request that are described in the enclosed Appendices I&J are being withheld in their entirety or in part under FOIA Exemptions and for the feasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 Sta) of NRC Regulations.

1. The withheid knformanon a properly classified pursuant to Executwe Order 12356 (EXEMPTION 11

2. The wrthheld information ro6ates solely to the intamal perscnnel rules and procedures of NRC. (EXEMPTION 24

3. The withheld mformation a specifically exempted from puble disclosure by statute indicated. (EXEMPTION 31

' Section 141145 of the Atomic Energy Act whch prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U.S C. 21612165L

/

Secteon 147 of the Atomm Energy Act whch prohibits the declosure of Unclassified Safeguards informaton (42 U.S.C. 2167L-

4. The withheld mformaton a a trade secret or cummercial or financial informaten that is being withheld for the reason (s) indicated: (EXEMPTION 4)

The informaton e considered to be confidential business (propnetary) information.

The information is consedered to be propnetary informaton pursuant to 10 CFR 2.790(dH1L The informaton was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.7%dit2L

6. The withheld information conssts of mteragency or intraagency records that are not available through decovery during litigaton. Disclosure of predecisionalinformaton

• • d '*"d ' '"h'b 'h* P'" *"d *'"" '" c" "S" ' ' " * * * * * * * " ' ' ' ' ' '"' **'''** "' cess Where records are withheld in their enterety, the facts are inextricably X mtertwined with the predecisonalinformaton.'There also are no reasonably segregable factual portons because the release of the facts would permit an indirect mouiry mto tne predecmional process of the agency. (EXEMPTION 5)

X 6. The withheld informaton is esempted from public deciosure because its declosure wou!d result in a cleany unwarranted invasaon of personal privacy. (EXEMPTION 6)

X 7. The withheid informaton conssts of investigatory records compiled for law enforcement purposes and is being wrthheld for the reason (s) indicated. IEXEMPTION 7)

Declosure would eterfere with an enforcement proceeding because it could reveal the scope. direction. and focus of enforcement efforts, and thus could possibly allow them to taka acton to shiuld potential wrongdoing or a violation of NRC requirements from mvestigators. IEXEMPTION 7tAH X Declosure would constitute an unwarran:ed invasion of personal privacy (EXEMPTION 7(C))

X The informaton consests of names of mdividuals and other mformaton the declosure of which would reveal identrties of confeder tial sources. (ETEMPTION 7(DH

~~

PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and 'or 9.15 of the U S, Nuclear Regulatory Commason regulatons, it has been determined that the information withheld is exempt from productsor. or disclosure and that its production or declosure 5 Contrary to the puble interest. The persons responsible for the denial are those officials ident6ed below as denying offcials and the Director.

Divsion of Rules and Records. Offee of Admmetraten, for any denials that may be appealed to the Executve Derector for Operations (EDol.

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE ORICIAL Director, Office of sic m m em Ben B. Hayes Investigations Appendices I & J X PART ti 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 03 days of receipt of this response. Appeals must be addresned 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 an initial FOIA Decision."

Akc FonM ene iPert 21 U.S. NUCLEAR REGULATORY COMMISSION wm FOIA RESPONSE CONTINUATION

l 1

Re: F01A-86-59 1 APPENDIX H RECORDS BEING PLACED IN THE PDR AND LPDR's WHICH ARE MAINTAINED IN 01 FILE Q4-85-022 DOCUMENT # DATE DESCRIPTION i

1. 9/2/85 Investigative Plan (1 page)

2. Undated Data Entry Form (1 page)

3. 5/16/85 Allegation Data Fom (1 page)

Herr's Note (1 page) f

4. Undated i

5. 10/17/85 Memorandum for Martin from Herr (1 page)

6. 5/15/85 Exhibit 1: GAP letter to Hayes with Enclosures (21 pages)

i

~

Re: F01A-86-59 APPENDIX 1

• RECORDS BEING WITHHELD IN PART WHICH ARE MAINTAINED IN 01 FILE 04-85-022 1

DOCUMENT # DATE DESCRIPTION EXEMPTION

1. Various Case Chronology (1 page) Portions, 7D 1

2. Various Investigation Status Record Portions, 7D l l

(1 page) 1 l

3. 10/17/85 Report of Inquiry No. Q4-85-022 Portions, 7D (4 pages)

4. 9/3/85 Confidentiality Agreement (1 page) Portions, 7D

• The non-exempt portions are being placed in the PDR and LPDRs.

I i

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- _ _ _____________________.__..___m__ _ _ _ _ _

Re: F01A-85-59 APPENDIX J RECORDS BEING WITHHELD IN THEIR ENTIRETY WHICH ARE MAINTAINED IN OI FILE Q4-85-022 DOCUMENT # DATE DESCRIPTION EXEMPTION

1. 5/24/85 HandwrittenNotes(4pages) 5 & 7D i i

2. Undated Status Sheets (6 pages) 6, 7C & 7D

3. 4/27/85 Affidavit (38pages) 70

4. 9/3/85 Transcript of Interview of 7D Named Individual (72 pages) l l

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