ML20235L655

Final Response to FOIA Request.Forwards App M Documents.App L & M Documents Available in Pdr.App N Document Partially Withheld (Ref FOIA Exemption 6)

ML20235L655
Person / Time
Site:	Seabrook
Issue date:	09/30/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20235L659	List: ML20235L655 ML20235L802 ML20235L875 ML20235L967
References
FOIA-86-188 IEIN-85-097, IEIN-85-97, NUDOCS 8710050556
Download: ML20235L655 (5)

Text

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J. RESPONSE TO FREEDOM OF l O N '"^' I l" "

INFORMATION ACT (FOlA) REQUEST SEPS0 W (e..e e DOCKei NuM8tRist Yappecebel

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lLL t E lRNER PART l.-RECORDS RELEASED OR NOT LOCATED (See checked bonesi feo agency records subtset to the reqvest have been located.

8eo additional agency recorde subsect to the request have bean located.

Agency records subsect to the request that are ident#ied in Appendts b are already available for public inspecten and copying in the NRC P26c Document Roorn, 1717 H Street, N.W,, Washington, DC.

Agency records subpect to the request that are ident#ied in Appende b are being rnade available for public inspection and copyng ei the NRC P@6c Docurnent Room,1717 H Street, N.W., Wsahington, DC, in a folder under the FOLA rwmber and requester name.

The nonpropnetary verson of the proposaHs) that you agreed to ecx:ept in a indepnone conversaten with a member of my staff is nam beang made evenable for pub 6c inspection and coying et the NRC Pubiac Document Room,1717 H Street, N W , Washangton, DC. m a folder under the FOIA number and requester name.

Encioned is informaton 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 applicab6e charge for ropes of the reco*ds provided and payment procedures are r-ited in the conwnents secton.

Recorde subject to the request have been refereed to another Federal agency (ms) for review and direct response to you.

bi view of NRC's response to this request, no further action is being taken on appeal letter deted PART ll.A-INFORMATION WITHHELD FROM PUBUC DISCLOSURE Cartain informston in the requested records is being withheld from putAc declosure pursuant to the FOIA exemptions described in and for the reasons stated in Part 11, sec.

aons B. C. and D. Any reisesed portions of the documents for which ordy part of the record is being withheld are being made available for public inspection and copytng in she NRC Public Document Room,1717 H Street, N.W., Washington, DC. ei e folder under this FOIA number and requester name.

l Comments h00 6 870930 GARDE 86-108 PDR k  :- M ?*, E.: 0* w g

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NRC FORM 464 (Part 16 jq if't 19 a6i e

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FREED!M OF NFORMkTION AdT RESPONSE FOtA NUMBER (SI: Felt 9 -@-I 6 6 oATE: SEP 3o an PANT H.0- APPLICABLE FOIA EXIMPTloss5 R: cords subject to the' request that are described in the enclosed Appendices , are bemg withheld in their entirety or in part under FOIA

. Exemptions and for the reasons est forth below pursuant to 5 U.S.C. 562(b) and 10 CFR 9.5da) of NRC Regulations.

1. The w6thheld informaton a propody deserfied pursuant to Executrve Order 12356 (EXEMPTION 11

2. The wrthhs6d informoeon sessess solely to the intemal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The withhe6d iriformoton e specsficaey enerryted from public declosure by statute indicated: (EXEMPTION 3)

)' Secten 141146 of the Aanmc Energy Act which prohibits the dieciocure of Restricted Data >ar Fornusty Reetncted Data (42 U.S.C. 21612166).

Section 147 of the Atenac Energy Act which prohibits the disclosure of Unclassified Safeguards information 642 U.S.C. 2167).

4. The withheld informoeon e a pode secret or commercial or fmancial information that is being withhekt for the reason (s) indicated: (EXEMPTION 4)

The information a cormdered to be confidential business (proprietary) informaten.

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- The infamnetion is conedwed to be propnetary informaton pursuant to 10 CFR 2.790td41).

N The information was meinossed and recurved in confidence from a foregn source pursuant to 10 CFR 2.790tdH2).

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6. The withhold informenon cormats of storegency or intraagency records that are not available through decovery dunng litigaten. Deciosure of predecisional information would tend to inhibst the apen and frank exchange of ideas essential to the de!iberative process. Where records are withhe6d in their entirety, the fac1s are inextncetily

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6ntertwined with the _ mformation. There eleo are no reasonably esgregable factual portiore because the re6eems of the facts wou6d permit an indirect mouiry mto 15 -, - .: process of the agency. (EXEMPTION 5)

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6. The withhe6d information e esempted from public declosure because its doctosure would result in a cleerty unwarranted invasion of personal privacy. (EXEMPTION 6)

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7. The wtthheid informenon conmets of evestigatory records compaev for law enforcement purpoess and a being withheld for the reason (s) indicated. (EXEMPTION 71 Dec60sure would etertue mah en enforcement proceeding because it could revul the scope, directen. and focus of enforcement efforts, and thus could

, posseDiy allow them to take acten to shamid potental wrongdoing or a violation of NRC requirements teom invesogators. (EXEMPTION 7(AH s

Disclosure would conessues en unnerronted invaseon of personal privacy (EXEMPTION 7(CD k

I The information coneses of names of inseviduals and other information the deciosure of which wmAd reveal identrbes of confidential sources. (EXEMPTION 7(DH PART li.C-DENYING OFFfCIALS Pursuant to to CFR 9.9 and/or 9.16 er sie U.S. Nudent Reguistory Commesion reguistions, it has been determned that the adormation withheld is exempt from produccon or rt=*=re.

and that its production or enciasse is contrary to sie pubine interest. The persons responsible for the denial are Whoes utTo: mis identifed below se denying officiels and the Desctor.

Division of Rulee and Records. Often of Aeriinstremon, for any denials that may be W to the Execueve Director for Operatens lepoi.

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SECRETARY EDo

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WituRM v55 ftL 7EAcMAL AINISTAMM ORhDW ,X EG l0 N 1- OODEND l)l -

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PART H D- APPEAL RIGtf78 The denial by each denying emeief identified in Part II.C may be appealed to the Appeltste Offical identified in that section. Any such appeal must be in writing and must be made wiesn 30 deys of receipt of this response. Appeale must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commemon, U.S. Nuclear Regulatory Commission, Washington, DC JtwiA, and should cleerty state on the envelope and in the letter thtt it is an " Appeal from en Iriitial FOIA Decision.

eenc Fo?.m 4e4 trert a U.S. NUCLEAR REGULATORY COMMISSIOk to ssi FOIA RESPONSE CONTINUATION

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. Re: F0I A- 9 (.9 '_ l 9 hm APPENDIX' L1 -

RECORDS MAINTAINED AMONG PDR FILES NUMBER DATE DESCRIPTION

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APPENDIX N RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE RE0 VEST NUMBER NUMBER DATE DESCRIPTION

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Re: FOIA-h[o- f APPENDIX 4)

RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION

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GOVEf0#4ENT ACCOUNTABluTY PROJECT

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' Washington, D.C. 20036 (202)2324550 March 18, 1986 FREEDOM OF INFORMATION ACT REQUEST Director EM W wag Office of Administration Nuclear Regulatory Commission c ACT M M ST

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Washington, D.C. 20555 M "[ [f

. Qa, jJ3-n-n To Whom It May Concern:

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, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, l drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, tele-phone 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 I.E. Notice 85-97, entitled " Jail Tara for Contractor Employee who Intentionally Falsified Welding Inspection Records," dated December 26, 1985.

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 ]

j the NRC official, " working", investigative or other files, or at ]

any other location, including private residences, i 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 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 benefitting the l general public," 5 U.S.C. 552 (a) (4) (a) . GAP is a non-profit, j non-partisan public interest organization concerned with honest i and open government. Through public outreach, the Project I promotes whistleblowers as agents of government accountability.

Through its Environmental Whistleblower Clinic, GAP offers assis-tance to local public interest and citizens groups seeking to ,

ensure the health and safety of their communities. The Environ- I mental Whistleblower Clinic is currently assisting several citizens groups, local governments and interveners in Texas concerning the construction of the Comanche Peak nuclear power plant.

We are requesting the above information as part of an ongoing monitoring project on the adequacy of Region IV and the NRC's efforts to protect public safety and health at nuclear power plants.

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 a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld. >

This index is required under Vaughn v. Rosen (I), 484 F.2d 820 l (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).

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

Sincerely, bd bmd.S Billie Pirner Garde Director, Environmental Whistleblower Clinic l

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l Novenbar 14,1986 l A

Mr. James M. Taylor Director 598+ y Office of Inspection and Enforcasunt i U. 5. Nuclear Regulatory Cotmission i Washington, D. C. 20555 j RE:

Public Service Company of New Hampshire, et al. (Seabrook Station, i Units 1 & 2) (On-Site Emergency Planning & Safety issues) Docket Mos. 50-443/444-OL-1

Dear Mr. Taylor:

Today the Board has received a letter from Mr. Stephen 8. Coeley l dated Movember 3,1986, as well as a packet of documents. A copy of l Mr. Comley's letter is enclosed. l i

Mr. Cemely refers to the case of U. $.

Criminal Docket No. 85-16-0_-1, in theU.v. Distr'JanisctV. Padovano.

District of New Hampshire. Court for the Mr. Comely and advise what M,Twould appreciate it if you would write to s res HRC and the Apalicants have done with T Mr.pect to investigating the welds which had Wn inspected by Padovano]

Sincerely.

Met /t.

AUh:fo1fe,Chairma Sheldon J.

Administrative Judge -

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