ML20235N556

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Final Response to FOIA Request for Documents.Forwards App E Documents.App D & E Documents Completely & Partially Withheld,Respectively (Ref FOIA Exemptions 7 & 6)
ML20235N556
Person / Time
Site: Waterford Entergy icon.png
Issue date: 07/16/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Bauman L
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20235N559 List:
References
FOIA-87-193 NUDOCS 8707200129
Download: ML20235N556 (4)
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REseoNst YvrE i RESPONSE TO FREEDOM OF Olh we,m

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ese.. / INFORMATION ACT (FOIA) REQUEST JUL 16 1987 DOCKET NUMBERiss W app 4cerm QtOutsTER , e hjh ~

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( PART l-RECORDS RELEASED OR NOT LOCATED (See checked bonest No agency records subact to the request have been located.

No toditonal agency records subact to the request have been located.

A 0ency records subact to the request that are identsfed en Appendix are already evadable for public inspection and copytng in the NRC Public Document Room, 1717 H Street, N W., Washington, DC.

W f Agency escords subset to the request that are identified in Appendix are being made availabee for public mapecten and copying in the NRC Public Document l Room,1717 H Street, N W., Washington, DC, in a fo6 der under the FOIA number and requester name.

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l The notiproprotary version of the proposal (s) that you egreed to accept in a telephone conversation with a member of my staff a now being made avelsble for public inspecuon snd coying et the NPC Public Document Room,1717 H Street, N W., Washington, DC, in a falder under the FOIA number and requester name.

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

Apsney records subject to the request are enclosed. Any applicable charge for copes of the records provided and paynent procedures are noted in the comments secton. i Records subpct to the request have been referred to another Federal agenCytes) for revew and deset response to you, in view of NRC's response to this request, no further action is being taken on appeal letter dated PART li.A-INFORMATION WITHHELD FROM PUBUC DISCLOSURE Cericin informaton in the reauested records is being wnhheld from public disclosure pursuant to the FOIA exemptions described in and for the reascne stated in Part ll s i tons B, C, and D. Any released portions of the documents for which only part of the record is bemg withheld are being made available for public inspection and copying in {

j l :he NRC Public Document Room,17t7 H Street. N W., Washington, DC, in a folder under this FOIA number and requester name. -

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERtS):

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PA*tT 118- APPLICABLE FOIA EXEMPTIONS Rtcords subfect to the request that are described in the enclosed Appendices y are being withheld in their entirety or in part under FOIA EJI$mptKms and for the reasons set forth below pursuant to 5 U.S.C 552(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The wthheld information a property classifed pursuant to Executive Oroe 12356 (EXEMPTION 1)
2. The wthheld information relates solely to the mtemal personnel rules and procedures of NRC. (EXEMPTION D
3. The wthheid informaten is specifically exempted from public declosure by statute andrcated: (EXEMPTION 3)

Secton 141145 of the Atomic Energy Act which prohibits the disclosure of Restrcted Data *or Formerty Restncted Data (42 U.S.C. 216121661.

Section 147 of the Atomic Energy Act which prohitnts the disclosure of Unclassefred Safeguards informaton (42 U.S.C. 2167).

4. The wthhold information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated: (EXEMPTION 4)

The informaton is considered to be confidential business (propnetery) informaton.

< The informaton to considered to be propnetary informaton pursuant to 10 CFR 2390tdl(1).

The mformaten was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(d!(2L

6. The wthheld informaton consists of interagency or intraagency records that e e not available through dmCovery duung litigation. Disclosufe of predecisensiinformation would tend to inhibit the open and frank exchange of ideas essential to the deleeratsve process. Where records are withheld in their entirety, the facts are inextricably mtertwined wth the predeemenal informaton. There etso are no reasonably segregable factual portions because the release of the facts would permit an and' rect enoury into tne predecesonal process of the egency. (EXEMPTION El
6. The wthheld information a suompted from public disclosure because its disclosure would result in a Clearly unwarranted invasion of personal privacy. (EXEMPTION 6)
7. The wethhold information consists of investigatory records compiled for law enforcement purposes and a being withheld for the reason (s) indicated. (EXEMPTION 7)

F Declosure would interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts, and thus Couki d poossbry allow them to take action to shield potental wrongdoing or a violaton of NRC requerer ents from investigators. '.EAEMPTION 7( A))

Declosure would constitute an unwarranted invasion of personal pnvacy (EXEMPTION 7tC))

The mformatior' ransists of names of individuals and other informaton the declosure of which would reveal identrties of confidential sources. (EXEMPTION 7(D PART la C-DENYING OFFICIALS Purswent to 10 CFR 9.9 and/or 9.15 of the U S. Nuclear Regulatory Commession regulatons. It has been detefnined that the information withheld is exempt from productmn or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial are those officials identifed below as denying offcials and the Director, Devicion of Rules and Records, Offce of Adminstration, for any denials that enay be appealed to the Emer:utive Director for Operations Itool. 1 DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL 

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I ( PART 11 D- APPEAL RIGHTS Ths 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 Comtnission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and shodd clearly state on the envelope and in the letter tMt it is on " Appeal from an bittial FOtA Decision." nic tonu ass (Pers 2) U.S. NUCLEAR REGULATOh'/ COMMISSION to.esi FOIA RESPONSE CONTINUATION __ - _ _ - _ - _ _ _ _ - _ _ - . _ _ _ _ . n -

I Re: F01A-87-193 APPENDIX D RECORDS TOTALLY WITHHELD

1. Office of Investigations records .related to an ongoing" I investigation are being withheld pursuant to FOIA Exemption (7)(A)
2. Records maintained by the NRC's Region IV, office are being withheld from public disclosure, in their entiret office pursuant to F0IA Exemption'(7)(A)y, by the NRC's Region IV  ;

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l i Re: F01A-87-193 

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1 APPENDIX E l RECORDS PARTIALLY WITHHELD

1. 12/10/87 Handwritten note, unsigned, (1 page).-  !

(Exemption 6)

2. 12/10/86 Memorandun for Emerson from Luehman, sub' ject: ' Allegations at Waterford3(1page)(Exemption 6).

i I i I L____________-__________ _ _ _ _ _ - . . _ _ _ _ _ __ 

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 ,                                                                                             1 GOVERMMENT ACCOUNTABluTY PROJECT 1555 Connecticut Awnue, N.W., Suite 202                                                    l Washington, D.C. 20036                                               (202)232-8550           j.

MIDWEST OFFICE ' 104 E. NISCONSIN AVENUE -l APPLETON, WISCONSIN 54915-8605 

                                    -            March 27, 1987                              )

l FREEDOM OF INFORMATION ACT REQUEST l  ! 

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Of f Administration U.S. Nuclear Regulatory Commission NN j Washington, D.C. 20210 ,; FOTA-fN9J TO WHOM IT MAY CONCERN , i. CLAO 'd ~b ~8 ) Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 522, l the Government Accountability Project (GAP) requests copies of any and ( all agency records and information, including but not limited to notes, l letters, memoranda, drafts, minutes, diaries, logs, calanders, tapes, transcripts, summaries, interview reports, procedures, instructions, I engineering analyses, drawings, files, graphs, charts, maps, photographs, 1 i agreements, hadnwritten notes,, studies, data sheets, notebooks, books, I telephones messages, computations, voice recordings, computer runoffs, and any other data compilations, interim and/or final reports, status reports, and any and all other records or investigations ~fbleVsht to E5'd/ 

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or generated in connection with the concerns of David Williams about the Arkansas Power & Light Co.,'S & W Technical Services in Arkansas. l This request includes all agency records as defined in 10 C.F.R. 9.3a(b) l and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they-currently exist in the NRC offical, " working" investigative or other files, or at any other location, including private residences. 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 j request, please provide all surrounding records, including but not limited j to a list of all records w hich have been or are destroyed and/or removed, j a description of the action (s) taken relevant to, generated in connection w - and/or issued in order to implement 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 publie," 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 offers assistance to!. local $ublic interest and citizens groupsandintervenorsiinthec.on.cerngrsafety'atnue/earpowerplants.). .a We are requesting this information"as part of an ongoing monitoring @:.! project of the NRC's efforts to. protect public health and safety at l and near nuclear processing. plants and radioactive waste facilities. . {, l For any documents or portions that you deny due to a specific ' A.-b FOIA exemption, please provide.an index itemizing and describing the i documents or portions of documents withheld. The index should provide a detailed justification'of your grounds for claiming each exemption, 

                                                                                                                                                                                                                                                                                           .7 explaining why each exemtion is. relevant.to the document or portion                                                                                                                                                                                             l of the document withheld. This index is required under Vaughn v.977 Rosen (1), 484 F2d 820 (D.C. Cir. 197.3), cert. denied, 415 U.S.

(1974).~ - t We look forward to your response to this request within ten (10) ' working days. ,, , Y i Sincerely, 

                                                                                                                                                                                             ,                ,                              M 9 b M a //                        
                                                                                                                                                                                                                 .             : Linda Bauman
                                                                                                                                                                                                                             .FOIA Coordinator
                                                                                                                                                                                                                            'Hidwest Office l                                                                                                                                                                                                         ;c     e
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                                                                                                                                                                                                                     . . < .1' Responses to this request: should.be' ma_iled to
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                                . AUTHORIZATION Davip I, HMMM Williams hereby authorize the Nuclear - Regulatory Commission and the U.S.' Department of Labor to release any and all information it has in its possession to my attorney, Billie Pirner. Garde; pursuant to a Freedom of Information Act Request filed by:the Government Accountability Project.

b n<~rlh d /b .$w _ David Williams' 4 l Signed and. sworn to me this. 15th day of April, 1987 . Oa XJm 

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Notary Public My commission expires 9-8-90 e e* I 

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