ML20235P902

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Final Response to FOIA Request for Documents Re Proposed NRC Organizational Alignment Concerning TVA & Comanche Peak Projects.Forwards App B Documents.App C Records Totally Withheld (Ref FOIA Exemption 5)
ML20235P902
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 10/05/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Taylor J
DALLAS TIMES HERALD, DALLAS, TX
Shared Package
ML20235P904 List:
References
FOIA-87-562 NUDOCS 8710070426
Download: ML20235P902 (4)


Text

U.S. NUCLEAR REGULATORY COMMISSION Nec Kh4 nroutst Nuustn<si 1=tttA.- F.7.-b'L,2-ge s

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RFSPOliSE TO FREEDOM OF OCT $ 1987 INFORMATION ACT (FOIA) REQUEST

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DocsiT NUM8LA(si t# spokeem REQUESTER h bK Woc P[RT 1.-RECORDS RELEASED OR NOT LOCATED (See checkedbomes!

No agency records subpoet to the request have been located.

No additional agency records subpoet to the reeuset have been located.

Agency records subsect to the request that are identified in Appendis are already available for public kupsetion and copying in the NRC PMc Document Room, 1717 H Street, N.W., Washington, DC.

Agency vocords sub#ect to the request that are identif'iod in Appendia b

are being made avallable for pahinc inspection and copying in the NRC Public Docurnent Room,1717 H Street, N.W., Weehington, DC. sn a fo6 der under the FOIA number and requester name.

The nonproprietary version of the proposaksi that you agreed to accept in a telephone conversation with a member of my staff is now being made avalab6e for public inspection and coying at the NRC Public Document Room.1717 H Street, N W., Washington, DC,in a fo6 der under this FOIA rsarter and requester name.

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

Agency records subject to the request are encaosed Any applicable charge for copies of the records provided and payment proc 6dures are noted in the comments secten.

Records subject to the request have been th to another Federsi agency 0es) for review and direct response to you.

In view of NRC's response to this request no further action is being taken on appeal letter dated PART ll.A-INFORMATION, WITHHELD 8 ROM PUBLIC DISCLOSUltE Certain informaton in the requested records is being withheld from public disclosure pursuant to the FOIA exemptons described in and for the reasons stated in Part it, sec-X tions B, C, and D. Any reinased portions of tw documents for which only part of the record is being withheld are besig snede evaBable for public inspection and copying in the NRC Public Document Room,1717 H Street. N W., Washington. DC, in a folder under this FOlA number and requesner name.

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s 8710070426 871005 PDR FOIA TAYLORB7-562 PDR 8tCNAT'

. DIRECTOR. OlVt OF AOL REcostDS d@

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FRFEDOM GF INFORMATION ACT RESPONSE FOtA NUMBER (Sh k

DaTE PART lt.8-APPLICABLE FOlA EXEMPTIONS j

Records subject to the reque that'are described in the enclosed Append ces b

are being withheld in their entirety or ir. par 1 under FOIA Exemptons and for the reasons set forth below pursuant to 5 U.S.C. Sf2(bs and 10 CFR 9.5(a) of NRC Regulations, l

1. The methhe6d information is property ctessifed pursuant to Executnve Order 12356 (EXEMPTION 1) 1
3. The withhold information relates solely to the intomal personnel rules and procedures of NRC. (EXEMPTION 2) b
3. The withheid enformaten is specifically exempted from public disclosure by statute indecated. (EXEMPTION 3)

Secten 141146 of the Atomic Energy Act which prohibits the disclosure of Restnctad Data >of Formerfy Restncted Data M2 U.S.C. 2161211E1.

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Section 147 of the Atomic Enery *.et which prohibits the declosure of Unctaeasfod Safeguards information M2 U.S.C. 2167).

4. The enthheld inforrnation is a trade seraet or commercial or financial informenon that as being withheld for the rossan(s) indir.sted: (EXEMPTIOff 3 The informaten is considered to be confidential business (propnetary) informaton.

I The informaten is considered to be proprietary information pursuant to 10 CFR 2.790td)(1).

I The informanon was submitted sad received in confidence from a foreign source pursuant to 10 CFR 2.790(d)(2).

5. The withheld information conosts of interagency e intrangency records that are not available through discovcry dunng litigstion. Disclosure of pradar-nnel information wanad tend to Wiibit the open and frank exchange of ideas essent al to the delibereove process. Where recorda are methhald in their ent,rety, the sect are inextricably X

einertwined w6th the predeciennel informaten. There sino are no #eeuonatW empregable factual portions because the roleses of the facts would pomet en outract snquiry eito the predecaenal process of the egency. (EXEMPTION b)

6. The swthheld information is exempted from public diadosure because its disclosure would result in a clearty unwarranted invasion of persor.el privacy. IEXEMPTION 61
7. The withheld information cormsts of investigatory records compied for low enforcement purposes and is being wrthheid for the reason (s) inriscated IEXEMPTION 71 Declosure would interfere with an enforcement proceeding because it codd reveel the scope, directen, and focus of enforcement efforts, and thus could possibly ellow them to take acten to sheid potential wrongdoing or a vioisten of NRC requirements from investigators. (EXEMPTION 7All Declosure would constitute an unwarranted 6nvesion of personal prtvecy (EXEMPTION 71C))

The informenon consists of names of individuals and other informaten the disclosure of which would reveal identraes of confidential sourt.as. (EXEksPTION 7401) j

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i PART ll C-DENYING OFFICf ALS Pursuant to 10 CFR 9.8 and/or 9.16 of the U.S. Nuclear Regulatory Commission reguleanris, it has been determined that the informeten withhold is exempt from prodWeaon or declosure, and that des production or disclosure is coritrary to the public interest. The persons responsible for the denial are thoes officiels iriendfied bel 6w as denying officaAs and the Director, Deveen of Rulee and Records, Office of Adminstration, for any denials that may be appested to the Executive Director for Operatene tEoot.

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SECRETARY EDO Mr 1

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PART 51 D-APPEAL RIGHTS Vhe denial by each denying official identified in Part II.C may be appeated to the Appellate Official identified in that section, Any such ar'r==al must be in wnting and must be made within 30 days of receipt of this response. Appeals must be addressed as apprr>priate to the Executive Dinactor for Operations or to i

the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20665, and should clearly state on the envelope and in the letter i

that it is an ' Appeal from an Initial FOIA Decision."

Nec foRw ese trert 31 U.S. NUCLEAR REGULATORY COMMISSION ts as>

FOIA RESPONSE CONTINUATION i

Re:

F01A47-562 APPENDIK B

RECORDS MAINTAINED IN THE POR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION

1. 02/12/87 Memorandum from J. Keppler to S. Ebneter regarding Meeting Minutes -

Implementation of Office of Special Projects (2 pages)

2. 02/09/87 Memorandum from J. Keppler to V. Stallo regarding Implementation of Office of Special Projects (3 pages)
3. 02/11/87 U.S.N.R.C. Announcement # 16: NRC Reorganization (2 pages)
4. 02/06/87 Memorandum from L. Zech to V. Stallo regarding Proposed Organizational Alignment - TVA and Comanche Peak Projects (1page) l l

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Re:

F01 A-87-562 APPENDIX C

_ RECORDS TOTALLY WITHHEt.0 t

NLSSER,

DATE DESCRIPTION & EXEMPTION Memorandum from Chairman to Cometssioners (COMLZ-87-8) 1.

entitled

' Proposed Organizational Alignment -TVA and Comanche Peak Projects," dated January 22, 1987 -1 Page - Exemption 5 2.

Undated handwritten note from M. Callahan to Chairman 4 lines - Exemption 5 Chairman's handwritten response to Ites 2, dated 2/2 3.

3 Lines - Exemption 5 4.

01/20/87 Memorandum from V. Stallo to commission regarding Proposed '

Organizational Realignment - TVA and Comanche Peak Projects Exemption 5 (4pages)

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DallasTimes Herald 1101 PaciGc Ave. Dallas, Texas 75202 AUG 6 1987 '"' ""'

EREEDOM 0F INFORMATION ACT REQUEST bO N mad rm ATTN:

Freedom of Information/ Privacy Acts Office

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Nuclear Regulatory Commission 1717 'H' Street N.W.

Washington, D.C. 20555 4

re FREEDOM 0F INFORMATION ACT REQUEST

Dear Mr. Zech:

Your attention is invited to the Freedom of Information Act [5 USC 552), as amended, and to implementing Nuclear Regulatory Commission instructions and regulations.

Under provisions of the above cited authority, it is hereby. request-ed that I be provided with copies of the following documents from Nuclear Regulatory Commission files and records:

(1)

Correspondence, memoranda, directive or instruction from the NRC chairman, or his designated representative, establishing the Of fice of Special Projects to manage all aspects of the NRC's lic-ensing and inspection efforts for nuclear powers plants owned by the Tennessee Valley Authority and for the Comanche Peak Nuclear Power Plant under construction at Glen Rose, Texas, such office operational on/about March 1, 1987.

(2)

Correspondence, memoranda or other written documents constitut-ing directives or instructions from the NRC chairman, or his designat-ed representative, to James Keppler, appointed director of the Office of Special Projects, at the initiation of the establishment and op-eration of the office, if not encompassed in Item 1 above.

i I am willing to provide reimbursement for reasonable reproduction costs, but request waiver of all fees, under NRC guidelines, since

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release of the documents would primarily benefit the general public.

It is requested that a response be provided within the 10 days re-l quired by law and regulation.

If you have any questions regarding this request, please feel free to contact the undersigned at 214/

i 720-6827 (office) o 911/9o -5045 (residence).

I Sincerely, b

u JACK H. TAYL JR.

I Special Pro ects/

News Dep tment

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N A MeduNews Group Newspaper