ML20235P253

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Final Response to FOIA Request for Documents Re Allegations of Drug Use.Forwards App I & J Documents.App I Documents Also Available in Pdr.App J Documents Partially Withheld (Ref FOIA Exemption 6)
ML20235P253
Person / Time
Site: San Onofre  Southern California Edison icon.png
Issue date: 07/15/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Shawanna Heath
WASHINGTON LEGAL FOUNDATION
Shared Package
ML20235P256 List:
References
FOIA-84-827 NUDOCS 8707200416
Download: ML20235P253 (4)


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h-9 5ts O~se tvee RESPONSE TO FREEDOM OF XP'a^'

l l **atiA' INFORMATION ACT (FOIA) REQUEST OS

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I JUL 151987

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.: A W ESTER Mr. Ste.ven J. Heath

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PART 1.-RECORDS RELEASED OR NOT LOCATED ISee checked boassi f

No a0ency records subpect to the request have been located No additional agency records subsect to the request have been located.

Agency recoros subsect to the request that are identifed m Appendia are already availab6e for pubhc erspection and copying m the NRC Public Document Room.

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

Agency'stcords subject to the request that are identifed in Appendia I

are bemg made available for public inspecten and copying in the NRC Pubhc Document X

Room.17i7 H Sireet, N.w.. washington DC, in a foide, undo, inns FOIA number and requester name.

The nonproprotary version of th7 proposaltsi that you agreed to accept in a telephone conversation with a member of my staff as now beinD made available for pubhc mspection Erd cnyng at the NRC Public Document Room.1717 H Street, N W., Washington, DC. in a folder under this FOIA number and requester name.

Enclosed is mformaton on how you may obtam access to and the charges for copying records placed in the NRC Pubhc Document Room,1717 H Street, N W., Washmgton, DC.

Agency records subpect to the request are enclosed. Any applicable charge for copies of the records provided and payrrent procedures are noted in the comments secton.

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

In vow of NRC's response to thw request, no further accon h. being taken on appeal letter dated PART ti.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam mformation in the requested records is being withheld frcm publec disclosure pursuant to the FOIA enemptons described in arid for the reasons stated in Part 11. sec-tsons 8. C. and D. Any released portions of the documents for whch only part of the record is being wrthheid are being made available for pubhc mspection and copyin,1 in X

the NRC Pubhc Document Room,1717 H Street. N.W., Washmgton. DC, in a folder under ttis FOIA number and requestee name Comrnents 1

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FREEDOM OF INFORMATION ACT RESPONSE FOlA NUMBERIS): F01A-84-827 DATdlll ] $ may PA3T ll.8-APPLICABLE FOIA EXEMPTIONS

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U Records subject to the request that are described in the onclosed Appendices are being withheld in their entirety or in part under FOIA Examptions and for the reasons set forth below pur*luant to S U.S.C. 552(b) and 10 CFR 9.Sta) of NRC Regulations.

1. The withheld informaton a property classifed pursuant to Executive Order 12356 (EXEMPTION 11
2. The withhold informaton relates solely to the intemal personnel rules and procedures of NRC. IEXEMPTION 24
3. The withheld informanon is specifcalty esempted from public disclosure by statute mdicated: IEXEMPTION 3)

Secten 141145 of the Atomic Energy Act which prohibits the disclosure of Restnctet9 Data or Formerly Restncted Data 142 U S.C. 216121651.

l Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Informaton 142 U.S.C,2167L

4. The withheld information is 6 trade secret or commercial or financel mformation that is being withheld for the reason (s) indicated: (EXEMPTION 4)

The informaton is cormviered to be confidential business (propnetary) information The informaten is considered to be propietary information pursuant to 10 CFR 2.790(dl(1L The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2 7904dM2L

5. The withheld information consats of mteragency or intrangency records that are not available through decovery dunng litigation. Declosure of predecmional informaton would tend to inhibit the open and frank exchsnDe of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisonal mformation. There also are no reasonablv segregable factual portions because the release of the facts would permit an mdirect mquiry into the predecisenal process of the agency. IEXEMPTION b
6. The withheld mformation as exempted from public doulosure because fis disclosure would result in a clearly unverranted invasion of persenal privacy. (EXEMPTION 6)
7. The withheld information consists of investigatory records compiled for law enforcement purposes and is beer.g withheld for the reason (s) indicated. IEXEMPTION 7l Disclosure would eiterfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts, and thus could i

possibly allow them to tal6e action to sheid potental wrongdoing or a violaton of NRC requirements trom investigator. (EXEMPTION 7(All l

l Disclosure would cnnstitute an unwarranted invasion of pursonal privacy (EXEMPTION 7(Cl)

The informaton consists of names of individuals and other information the disclosure of which would revealidentities of confidential sources. (EXEMPTION 7(D))

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PART ll C-DENYING CFFICIALG Pursuant to 10 CFR 9 9 and /or 9.15 of the U.S NucJea Regulatory Commason regulations. It has been determined that the information withheld is exempt from production or disclosure.

end that its production or declosure is contrary to the public interest The persons responsible for the denial are those officials identified telow as denying officials and the Director, Ornson of Rules and Records, Off ce of Adrmnstration, for any denials that may be appealed to the Executive Director for Operations tDot DENYING OFFICIAL TITLEtOFFICE RECORDS DENIED APPELLATE OFFICIAL Regional Administrator

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John B. Martin Region V J-1 through J-4 X

PART 14 D-APPE.AL RIGH TS The denial by each denying official identifed in Part fl.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in

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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 ths Secretary of the Commissen. U.S. Nuclear Regulatory Commission, Washington, DC 20555, and shodd clearly state on the envelope and in the letter thst it in an " Appeal from an initial FOlA Decision."

senc Fow ans (Pert 2)

U.S. NUCLEAR REGULATORY COMMISSION

,i Sesi FOIA RESPONSE CONTINUATION i

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Re:

F0I A-84-827 APPENDIX I

RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE RE0 VEST NUMBER NUMBER DATE DESCRIPTION 1.

March 21,1984 Letter to USNRC, Region V (J. B. Martin) from J. G. Haynes Southern California Edison Co., re:

Allegations concerning possession and use of drugs at San Onofre Nuclear Generating Station (3 pages) j 2.

June 12,1984 Letter to USNRC, Region V (J. B. Martin) from J. G. Haynes, Southern California Edison Co., re:

1 Submittal of additional information concerning the Bechtel Power Corp. report (2 pages) l I

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--_--_.A

j Re:

F01A-84-827 APPENDIX _ J RECORDS PARTIALLY WITHHELD 1

I NUMBER DATE DESCRIPTION & EXEMPTION 1.

April 15, 1983 Letter to John Martin from C. E. Hathaway, Southern California Edison Co., re: Response to R. H..Engelken's letter concerning allegations of drug abuse (2 pages) j i

2.

July 26,1984 Letter to Confidential Source from Michael P. Cole Bechtel l

Power Corp., re:

Request for additional information in i

order to conclude an investigation (1 page) i 3.

August 17, 1984 Letter to D. E. Nunn, Southern California Edison Co.

from H. F. McCluskey, Bechtel Power Corp., re: Possible use of drugs at San Onofre (2 pages) l 4.

August 28, 1984 Letter to USNRC, Region V (J. B. Martin).from J. G.

i J-Haynes, Southern California Edison Co., re:

Informing

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l Region V of activities to alert NRC of the allegation concerning dr.ug abuse at San Onofre (2 p. ages) l l

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WASHINGTON LEGAL FOUNDATION 1705 N ST R E ET, N. W.

WAS HIN GTON, 0. C. 2O O3 6 202-857-0240 October 23, 1984 Joseph Felton FOIA Office EREEDOM OF lNFORMATION United States Nuclear AC1 8EQULSI Regulatory Commission h M Y I h Washington, D.C.

20555 Re:

FOI Request i

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Dear Mr. Felton:

Pursuant to the Freedom of Information Act, 5 USC B552 et seq.,

I hereby request the following documents:

(1) all documents, internal guidelines, regulations, policy manuals, or any written materials regarding or relating to agency procedure or policy for the detectirn and control of alcohol and illegal drug use by,all persons engujed in the actual building or construction of nuclear reactors or facilities;

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(2) all such documents described above regarding or relating to l

agency procedure and policy for the detection and control or alcohol and illegal drug use by all persons engaged in the operating of nuclear I

reactors or facilities; (3) all reports or wr.itten documents or disciplinary measures, personnel actions or investigations of persons engaged in the con-struction, operation, or maintenance of nuclear reactors or facilities.

I write on behalf of the Washington Legal Foundation, a non-profit public interest law firm with 85,000 members nationwide.

The purpose of this request is to assist and facilitate the general public safety by learning the extent of drug or alcohol abuse in nuclear facilities, and to encourage that remedial measures be taken, if necessary.

Accordingly, we request a waiver of any and all fees that would be assessed for the researching and copying of the requested documents.

We expect that a prompt. response within 10 days will be forth-coming.

If you have any questions about this FOI request, please feel free to call me at 857-0240.

Thank you for your attention and consideration.

Sincerely,

  • M/M Steven J. Heath SJH:lw h

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