ML20235P430

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Responds to 870606 Appeal of Denial of FOIA Request for Documents Re J Mckay Insp & Investigations Conducted in Apr & May 1977 at Facility.App C-9 Document Encl.Document Partially Withheld (Ref FOIA Exemption 3)
ML20235P430
Person / Time
Site: Quad Cities  Constellation icon.png
Issue date: 10/02/1987
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Mckay J
AFFILIATION NOT ASSIGNED
Shared Package
ML20235P433 List:
References
FOIA-86-894, FOIA-87-A-29 NUDOCS 8710070275
Download: ML20235P430 (3)


Text

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NUCLEAR REGULATORY COMMISSION

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UNITED STATES V-o E

WASHINGTON, 0. C. 20555

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oN Mr. James McKay IN RESPONSE REFER 1595 Mound Hill Road TO F01A-87-A-29 Sterling, IL 61081 (F01A-86-894)

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Dear Mr. McKay:

This is in response to that portion of your letter dated June 6,1987, J

in which you appealed the denial of records by Mr. Grimsley's response

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dated May 27, 1987. Mr. Grimsley's response denied portions of nine -

documents subject to your Freedom of Information Act (F0IA) request.

Your FOIA request sought copies of all records pertaining to you with regard to inspections and investigations conducted in April and May 1977 at the Quad Cities plant and referenced in Inspection Reports 50-254; I

50-265/77-14 and 50-254; 50-265/77-11. Specifically, you appealed the denial of portions of the records identified on Appendix C of Mr. Grimsley's response. By letter dated July 2,1987, you provided additional comments which were considered during review of this matter.

I Acting on your appeal, I have carefully reviewed the record in this case and have determined that some of the previously withheld information can i

now be released. Therefore, your appeal is partially granted a'nd i

partially denied.

Additional information is being released in the record identified at i

number nine on the enclosed copy of Appendix C.

A copy of this record is enclosed.

The remaining deleted portions of document nine and deleted portions of I

documents one through eight which are identified on Appendix C will I

continue to be withheld from public disclosure for the reasons stated 1

below. Additional exemptions for certaic information in the records are l

I also identified on Appendix C.

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Denied portions of the records identified at numbers three, six, seven, eight and nine will continue to be withheld from public disclosurepursuanttoExemption(3)oftheF0IA(5U.S.C.552(b)(3))

i and 10 CFR 9.5(a)(3) of the Consnission's regulations. These records contain unclassified safeguards information. The statutory authority i

for withholding this infomation is found in Section 147 of the Atomic 1

EnergyAct(42U.S.C.2167).

The denied portion of the record identified at number five will continue i

to be withheld from public disclosure pursuant to Exemption (4) of the F0IA(5U.S.C.552(b)(4))and10CFR9.5(a)(4)oftheCommission's regulations. This information which identifies rocedures for safeguarding licensed special nuclear material at a licensed lant is considered

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commercial or financial (proprietary) information pursuant to 10 CFR 2.790(d).

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$ 5 871007 MCKAY-87-A-29 PDR

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' 2-Mr. McKay i

Denied portions of the records identified at numbers one, two,'three, four, and eight consist of names and other information the disclosure s

of which would cause a clearly unwarranted invasion of personal privacy.

I am unable to identify any legitimate public interest in the disclosure of this information which outweighs the individuals' privacy interests.

The infonnation is being) withheld from public disclosure pursuant toof the FOIA (

Exemptions (6)(and(7)(C and 10 CFR 9.5 a)(6) and (7)(C) of the Commission's regulations.

This is a final agency action regarding the records identified on Appendix C.

As set forth in the F0IA (5 U.S.C. 552(a)(4)(B)), judicial review of this decision is available in a district court of.the United l

States in the district in which you reside or have your principal' place.

I of business or in the District of Columbia.

Mr. Donnie Grimsley is responding by separate letter to those portions of your letter dated June 6,1987, addressing additional matters, i

Sincerely, tor Ste 6, J r.

Executive Director for Operations

Enclosures:

As stated l

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Re: F01 A,g gg4 (F01A-87-A-29)

RECORDS PARTIALLY WITHHELD ADDITIONAL NUMBER DATE DESCRIPTION & EXEMPTION EXEMPTIONS 1.

03/02/77 Handwritten notes (3 pages) 6 4 7C f

2.

03/02/77 Typed notes titled "Information Provided

'6 7c by Mr. McKay" (2 pages)

' d 3.

03/09/77 Internal licensee memo re:

Report of 3&6 7c l

Investigation of Allegations by Quad Cities Nuclear Power Station Guard, James E. McKay (8pages)

'i 4.

03/25/77 Memo from J. F. Donahue to RI!! Files 7C w/ attachment - Ltr, dtd 03/10/77 from R. L. Bolger to J. 6. Keppler re:

Security and Safety-Related Allegations by a Quad Cities Nuclear Power Station Contract Security Guard (4 pages) 5.

03/25/77 Lir from R. L. Bolger to J. 6. Keppler re:

4 Security and Safety-Related Allegations by a Quad Cities Nuclear Power Station Contract

,13 Security Guard (1 page)

,t 6.

04/27/77 Ltr from J. McKay to Senator C. Percy 3

(20 pages) 7.

04/28/77 Ltr R. L. Bolger to J. 6. Keppler re:

3 Security and Safety-Related Allegations by a Quad Cities Nuclear Power Station Contract Security Guard (2 Iages) 8.

Undated Inspection Notes (McKay Allegations) 3&6 7c (10pages) 9.

06/27/77 Inspection Report 50-254/77-14; 50-265/77 14 3

1 (26pages) e I

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