ML20235K712

Final Response to FOIA Request for Documents.App I Documents Available in Pdr.App F & H Documents Being Made Available in PDR & Forwarded.Portion of App H Document & All of App G Documents Withheld (Ref FOIA Exemption 5)

ML20235K712
Person / Time
Site:	South Texas
Issue date:	09/30/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Rubinton D GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20235K715	List: ML20235K712 ML20235K716 ML20235K847 ML20235K888 ML20235K910 ML20235K942 ML20244D591
References
FOIA-87-467 NUDOCS 8710050208
Download: ML20235K712 (7)

Text

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LE$ DON $E TYPE E RESPONSE TO FREEDOM OF N"' A' cE n . IP^mL

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\,e seee INFORMATION ACT (FOIA) REQUEST

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, ' g DOCKET NUMBER ($) Ur apperew REQUESTEA 39 6 e V lh Ch PART l.-RECORDS RELEASED OR NOT LOCAftD (See checked boxes)

No agency records subsect to the request have been located.

N) edditional egency records subpoet to the request have been located.

Agency records subsect to the request that are identifed in Appendix I are atreedt oweimble for public inspection and copying in the NRC Public Document Rocyn, 1717 H Street, N.W., Washmgen, DC.

Agency records subject to the request that are identWied in Appendix Fi M a,e be,ng , evaasbie fo, pubiic inspecten and copying in the NRC Pubiac Docurre ,i Coom,1717 H Street, N.W., Washington, DC, in a folder under this FOIA n6mber and requester we.

Tha nonproprietary verson of Wie proposalts) *et you agreed to accept in a te6ephone conversete artP e member of my staff is now being made avstable for public inspecten tnd coying at the NRC Pubhc Document P.oom,1717 H Street, N.W., Washington, DC, m a folder rcer the FOIA number and requester name.

Enclosed is informaton on how you may obtain access to end the charges for copying records sdecee e tw NRC Public Document Room,1717 H Street, N.W., Washington, DC.

Agency records subsect to the request are enclosed. Any applicable charge for copies of the recorte grcwided s.,d payment procedures are noted in the comments escton.

Records subsect to the request have been referred to another Federal agencyties) for revew and deser e to you.

In view of NRC's response to the request, no further action is being taken on appeal letter deted PART lt.A-INFORMATION WITHHELD FROM PUsuc DISCLOSURE Certain informaton in the requested records is bemg withheld from public disclosure pursuant to the FO.A exemptions described in and for the reasons stated in Part II, sec-tons B, C. and D. Any rh portons of the documents for which only part of the record a beerg enthheid are being made eveilable for public inspection and copying in the NRC Public Document Room,1717 H Street. N.W , Washington, DC, in a folder under the FOA nwmber and requester name.

Comments 87i0050200 870930 PDR FOIA PDR RUDINTOB7-467 A

Si Ai LE. DIRECTOR OtVISIOh RJLES . ECORD$

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FZEEDOM CF INFORMATpf A/;T RESPONSE FOIA NUMBER (SI. TO1k - b']-4h{ WE: SEP 3 0 887 PART ti.B- APFilCABLE FOIA EXEMPTIONS Records subject to the re6uest that are described an the enclosed Appendices b N are being withheld in thew entirety or in part under FOIA Exemptions and for the reasons set forth be6ow pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(s) of NRC Regulations.

1. The withhe6d information s property classifed pursuant to Executive Order 12356 (EXEMPTION 1)

2. The withhe6d information reintes solely to the ettemai personnel rules and procedures of NRC. (EXEMPTION 2)

3. The withheld information is specifically exempted from putde declosure by statute indicated: (EXEMPTION 3)

Secten 141145 of the Atome Energy Act whch proherts the dociosure of Restncted Data or Formerty Restncted Data (42 U.S.C. 21612105).

Section 147 of the Atomic Energy Act whch prohibrts the declosure of Unclassified Safeguards information (42 U S.C. 2167).

4. The w6thheld infortnation is a trade secret or commercial or Fnancial information that is beirig withheld for the reason (s) indcated (EXEMPTION 4)

The information is considered to be confidential busmess isropnetary) mformation.

The informaton is considered to be propnetary mtormstors pursuant to 10 CFR 2.790(dHI).

The informaton was submitted and received in confidence from a forsign source pursuant to 10 CFR 2.790(dK21.

6. The withheld information conasts of interagency or entraegency records that are not available through discovery durmg litigation. Duhre of predecisional information would tend to inhibit the open and frank enchange of advas essential to the deliberative process. Where records are withheld an thee ervurety, the facts are inextricably entertwhod with the predecisenal informaton. There also are no reasonatWy segregable factual portions because the release of the facts would permit an andvoct inquiry into the predecmonal process of the agency. (EXEMPTION bl

6. The withheld information la exempted from putAc disc 60sure because 6ts declosure would eesult in a clearty unwarranted invasson of persoruil pnvecy. (EXEMPTION 6)

7. The withhold information consists of investigatory records compied for law enforcement purposes and is being withheld for the reasorssi indicated. (EXEMPTION 71 j Doctosure would interfere with an enforcement proceedmg because it could reveal the scope, d#rection, and focus of enforcement eMorts, and thus could possibly ellow them to take ecten to sheid potential wrorgdoing or a violation of NRC requwements from investigators. (EXEMPTON 7(A))

i Declosure would constitute an unwarranted anvasen of persnnal privacy (EXEMPTION 7(Cl)

The information cortsats of names of individuals aruf other snformaten the disclosure of whch would reveal identities of confidentef sources. (EXEMPTION 7tDI)

PART 11 C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and /or 9.15 of the U.S. Nuclear Reguietory Commason regulatons, it has been determined that the information wrthheld s enempt trorn producton or disclosure, ard that its production or disclosure is contrary to the rubhc anterest The persons responsible for the denial are those offemis identrfed below as denying offcmis and the Duector, l Divison of Rules and Records, Offee of Adminstration, for any uensats that enay be appeaied to the Executive Duector for Operations (Epot j DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SECRETARY EDo b T>.Mu % ./

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l PART 11 D- APPEAL RIGHTS f The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appsal must be in I wdting and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executw Director for Operations or to l l the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearty state on the envelope and in the letter that it is an " Appeal from an Initial FOLA Decesson "

wac Fonha *** IPert 2) U.S. NUCLEAR REGULATORY COMMISSION ew FOIA RESPONSE CONTINUATION

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g g-Re: F0!A-87-467

' APPENDIX F RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER 1.- 1/20/87. _ Letter-to Stello and Mattox from Garde and Condit.(2 pages).

2. : 1/27/87z Letter to Concern No.11227 from Guthrie', SAFETEAM(2 pages), with attachment:

1/28/87 Safeteam concern walkdown summary (15 pages)

3. 1/28/87 ' Letter to Martin from Goldberg(3 pages)

4. ' ' 3/4/87 Letter to Stello from Garde (2 pages).

5. 3/27/87 Letter to Goldberg from Garde (3 pages) 6.: 4/6/87- Letter to Garde from from Goldberg (2 pages)-

7. 5/8/87 Letter to Martin from Garde (2 pages) 8.- 5/22/87- Draft Agreement between Garde and USNRC re: attached subpoena (2 pages)

9. 5/20/87 Subpoena to Garde from Stello (1 page)

10. 5/22/87 Agreement between Garde and USNRC re: subpoena (1 page)

11. 6/11/87 Letter to Chilk from Newman (7 pages) with attachment:

4/6/87 Letter to Garde from Goldberg (3 pages)

12. 6/25/87 Reply of Billie Garde. Esquire to the NRC's Staff's Opposition To Motion To Quash and Defacto Opposition To Petition Pursuant to 10 CFR 62.206 (13 pages).

13. 7/15/87 NRC Memorandum and Order (8 pages)

14. Undated SAP representation agreement (3 pages)

15. 11/25/85 NRC Statement of Policy on Confidentiality, 50 FR 48506 (4pages)

16. Undated Federal Rule of Civil Procedure 45 (2 pages)

17. Undated 594 Fed. Supp. 117(1984 Edison Company (5 pages)) United States vs. Metropolitan

18. Undated 87 Federal Rules Decisions 584 United States vs. McGovern (6pages)

Re: F01A-87-467 APPENDIX F (Continued) .

19. Undated 87 Federal Rules Decisions 590 United States vs. McGovern (4 pages)

20. Undated 349 Federal Reporter 2nd 900, NLRB vs. Harvey (8 pages)

21. Undated Harvard Law Review Volume 91 Page 486, conclusion of article about attorney-client relationship. (3 pages) I'-

22. 3/19/85 NRC Statement of Policy: Handling of Late Allegations, 50 FR 11030 (1 page)

23. 3/19/87 Letter to Martin from Goldberg, subject: Negotiations with Government Accountability Project re: Letter from J.H.

Goldberg to R.D. Martin dated 3/9/87 (3 pages) ,

24, 4/6/87 Letter to the Dail Goldberg (2 pages)y Tribune (Bay City, Texas) from J.H.

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Re: F0!A-87-467 APPENDIX G RECORDS TOTALLY WITHHELD

1. Undated. Draft of NRC Staff Response to Motion and Memorandum to Quash Subpoena Filed by Billie P. Garde Esq. (15 pages)

[FOIAExemption(5)]

2. Undated. List of questions used in connection with deposition of Monday July 27,1987.(21 pages). [F0IA Exemption (5)]'

I 1

Re: F01A-87-467' j_ APPENDIX H

' RECORDS PARTIALLY WITHHELD

1. 7/10/87' Note to Murray from-Sohinki, subject: Status of Billie Garde Subpoena (1 page) [FOIA Exemption (5)]

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l .: Re: F01A-87-467 1

APPENDIX I RECCRDS MAINTAINED AMONG PDR FILES

1. 11/19/85 NRC Statement ~ of Policy on Confidentiality (19 pages),

Accession No. 8512110154-

2. 6/4/87 . NRC Order concerning GAP's Motion to Quash. (1 page), .

Accessin No. 8706090110-

3. 7/15/87 NRC Memorandum and Order, CLI-87-08 (6 pages), Accession No. 8708190087

4. 3/18/87 LettertoGardefromStello(1page),AccessionNo.

8709040082.

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GOVERNMEb ACCOUNTABluTY PROJECT' s1555 Con' necticut Awnue, N.W; Suite 202.

Washington.' D.C. 20036 (202)232-8550 a

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July 20, 1987

' Director' Office of Administration fEEDOM OF INFORMATION U.S. Nuclear Regulatory Commission . d CT REQUEST Washington,'D.C. 20555 'N A -g7.y[s /3 '

Re: 7.u-97 Freedom of Information Act.-Request ~

To Whom ItlMay Concern:

1 Pursuant-to the Freedom of Information Act ("FOIA"), 5.

e U.S.C. 552, the-Government Accountability Project (" GAP")

requests copies of any and alltagency records and information, including but not limited.to notes,Lletters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions,; agency. analyses,.

drawings, files,. charts, graphs, maps,.. photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, tele-phone messages, computations, voice recordings, any other data compilations, interim'and/or final reports, status reports, and any and all other records relevant to and/or generated in connec-tion with a. July 15, 1987, memorandum and order-issued by-the Commission concerning a Motion to Quash a May 20, 1987, subpoena' issued to Billie P. Garde by NRC Executive Director of Operations. Victor Stello, Jr. This request' includes but is not limited t<

rtcords Of all communications between the NRC and any outside individuals.and/or organizations parties concerning this order and the dates and times such communications were made.

This. request includes all agency records as defined in 10 CFR 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-official, " working", investigative, or other files, or at.

any.other location, including' private residences. This request .,

i does not include responsive records that the Department has never possessed. 1 If any records covered by this request have been destroyed J and/or. removed, and/or are destroyed and/or removed after receipt of ingthisbutrequest, please not limited to aprovide list of all surrounding records, includ-and/or are destroyed and/or remov.all ed, records which have a description been of the action (s) taken, relevant date(s), individual, office and/or agency-wide policies and/or justification (s) for the action (s).

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. July 17, 1987 Page Two; y

i GAP requests that fees-be waived, because " finding the information can be considered as primarily benefitting the gener-

i. _al'public," 5.U.S.C. 552.(a)(4)(a). GAP is.a:non-profit, nonpartisan honest government.public interest organization concerned with open and TGAP.is organized under section 501(c)(3).of the IRS Code.as a tax exemptiorganization.. Through public out-

! reach, the. Project' promotes whistleblowers as agents of govern-ment accountability. Through its Citizens Clinic, GAP offers as-sistance1to local public; interest and citizens groupds' seeking to-ensure the health and: safety of their communities. GAP is cur-rently assisting several citizens groups,J1ocal governments and~

interveners in the NRC Region IV-area concerning the construction of nuclear power plants.

We are requesting the above information as part of an ongo-

.ing monitoring project on the adequacy of the NRC's efforts to protect public safety 1and health at nuclear power plants.

For any documents or portions that you deny due to a specif-ic FOIA exemption, please provide an index. itemizing and describ -

ing the documents or portions of documents withheld. The index should provide'a detailed justification;of your grounds for claiming each exemption, explaining why each exemption is rele-vant'to the document or portion of the. document withheld. This index is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C.

Cir. 1973), cert. den. 415 U.S.~977 (1974).

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

S ncerely, n

I dZ6 David S. Rubinton, Esq.

Coordinator, FOIA Litigation Clinic-GAP Please note our new address:

25 E. Street, NW. ]

Suite 700 j Washington, D.C. 20001 '

(202)'347-0460 1

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