ML20235S472

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Partial Response to FOIA Request.Forwards Documents Listed in Apps E & F.Documents Listed in App F & G Partially & Totally Withheld (Ref FOIA Exemptions 6 & 7),respectively. Documents Listed in App H Not Processed Under Request
ML20235S472
Person / Time
Site: South Texas  STP Nuclear Operating Company icon.png
Issue date: 10/02/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Rubinton D
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20235S476 List:
References
FOIA-87-464 NUDOCS 8710090014
Download: ML20235S472 (7)
v • d • e


Text

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p RLSPONSE TYPt E RESPONSE TO FREEDOM OF l '* lYl PWut (s eees INFORMATION ACT (FOIA) REQUEST

[? oct 2 saar DOCMT NUMBEAik ur appecaama D' h W Dh . **)

PART 3.-RECORDS p% LEASED OR NOT LOCATED (See checked &omes) j No agency records subter:t to the request have been located.

No additional egency records subpect to 9w runweet have boon located.

Agency records suopect to the request that are stentJfed.ndessendu> b are already evellab e for public enspectson and copying in the NRC Public Document Room, 1717 H Street, N W., Washington, DC Agency records subrect to the request that are sasntifed in Appendia E** e,e been, made avanabic fo,,suic inspecuon and copy,ng in ins NRC Public Document P,oom,1717 H Street, N W., Washeigtor. DC, en a folder under the FOIA nurnber and requester name.

The nonpropratary verson of the prWas that you agreed to accept in a telephone conversanon with a member of any staff is now being snado evelable for public inspecten and coying et the NRC Public Document M 1717 H Street, N W , Washington, DC, an a folder under the FOLA runber and requester nerve.

l Encfosed is information on how you may attain eccess to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

Agency records subsect to the request are encioned. Any applicable charge for copies of the records provided and payment procedures are noted in the comments secton.

Rscords subject to the request have been referred to another Federal egencybes) for review and direct response to you.

In view of NRC's response to the roguest no further acean a being taken on appeal letter dated PART 16.A-INFORMATION WITHHELD FROM PUBLIC DISCLOGUstE Certain informaton in the requested recortas a being withheld from public declosure pursuant to the FOIA enemptons described in and for the rossons stated in Part li, sec-X tions B, C, and D. Any reieased portons of the documents for which only part of the record is being withheld are bosrg made availabee for public inspechon and copying in the NRC Public Document Room,1717 H Street. N W., Washington, DC, in a folder under this FOIA number and roguenter name.

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PART li B- APPUCABLE FOIA EXEMPTIONS Recoros subt ect to the request that are described in the enclosed Appendices are beirig withheld in their entirety or o port under FOlA Ezernptrons and for the reasons set forth below pursuant to 5 U.S.C. 562(b) and 10 CFR 9.5(a) of NRC Regulations.

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1. N withhe6d information is property classifed pursuant to Executive Order 12356 EXEMPTION 11 '
2. TN wthhe6d mformaton relates solely to the mtemal personnel rules and procedures of NRC. (EXEMPTION 2)
3. The withheld informaton is specifically exempted from public disclosure by esetute irxficated: (EXEMPTION 3)

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Secten 141146 of the Atomic Erergy Act which prohibits the declosure of Restncted Data or Forrnerty Restricted Data (42 U.S.C. 2161-21e51.

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  • Secton 147 of the Atomic Energy Act which prohituts the disclosure of Uriclassifed Safeguards informaton (42 U.S C. 2167L j

_. 1 4 The wthheld information is a trade ser: ret or commercial or financialinformeren that is being withheld for the reason (s) indicated: (EXEMPTION 4.

The informaton is considered to be confidential busmess (propretary) Information.

The informaten is considered to be propnetary mformation pursuant to 10 CFR 2.790(dH1b The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.7904dH2).

6. The withheld information consists of interagency or intreagency records that are riot available through discovery dunng impation. Decmsure of predecianonal informaton li wthed tend to inhibit the open and franil G AChange of edess essential to the geliberettve process. Where records are withheld in their enterety, the toca are inertncably I esaartwined with the predecemnal information. There also are no reasonably esgregable factuel portens because the release of the facts would pernet me merect nousry mio tne predecemnel process of the egency. (EXEMPTION b 6 Tfw withheld information is exempted irom public disclosure because sts decsosure would resuh in a clearly unwarranted invasion of personal prwecy. IEXEMPTION 61

% 7. The wthheld information connets of investigatory records compted for law enforcement purposes and 6s being withheld for the ressa.(si indscated_. ftXEMPTION 7)

? Disclosure would intaffere with an enforcement proceedmg because it could reveal the scope, derection, and focus of enforcement efforts, and Pius could poossbsy allow them to take action to shold potentsal wrongdoing o' a monat:on of NRC recur.ements from investigators. (EXEMPTION 7(A))

Declosure would constitute an unwarranted invasion of personal pnvacy (EXEMPTION 7tCH The informeten consets of names of indmduals and other informaton the declosure of which would reveal 6dentities of confidential sources. (EXEMIPTION 7(DH PART lt C_DENylNG CFFICIALS Pursuant so 10 CFR 9.9 and/or 9.16 of the U.S Nuclear Regulatory Commason reguistons, it hos been determined that the informatum withhold is enamot frorn proeucten or disclosure. i end that ns producten or disclosure is contrary to the public interest. The persons rang.onsible for the denial are those officels identifed below es denyng ettstuals and the Director, j Diveen of Rules and Records, Offsce of Admmetraton, for any conials that may he appealso to the Enocueve Director for Operations 4001 J DENYING Of flCIAL TITLE / OFFICE RECORDS DENIED APPELuTE OFFICIAL FL OVWL '.M hk e h Mbs Nlc. 6% E F 4 c, " '

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PART ll D_ APPEAL RIGHTS The denini by each denying official identified in Part ll.C may be appeated to the Appellate Official identified in that section. Any sudi appeal must be in I writing and fnust be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to I the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearfy state on the envelope and in the letter 1 tMt it is an Appeal from an initial FOIA Decision."  !

CC '0"" *** IPt 2 U.S. NUCLEAR REGULATOMY COMMISSION casi FOlA RESPONSE CONTINUATION l

4 L________________________.______._______________.________.________._ _ . _ _ ________..____...____________J

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Re: F01A-87-464 APPENDIX F l

RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION j*. Undated Memorandum for R. D. Martin from R. C. Taylor, Withheld in part subject: Government Accountability Project- pursuant.to (GAP) Submittals to the Commission dated Exemption 6 '

May 29, 1987. (2 pages) 1 l

________.__.______-________.__.__________________m_._____ _ . _ _ _ _ _ . _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ . _ _ _ _ _ _ _ _ _ . _ _ . . _ . _ _ _ _ . _ _ _ . _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ . _ _ _ _ . _ . . _ _ . _ _ _ _ _ _ _ _ _ _ _

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Re: F01A-87-464 1

APPENDIX g l

1 RECORDS TOTALLY WITHEELD NUMBER DATE DESCRIPTION & EXEMPTION  :

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1. 1/21/87 Allegation Data Input, re 50-498/499 (1 page) Withheld in entirety pursuant to Exemption 7(A) i
2. 3/25/87 Handwritten note, unsigned (1 page) same as above
3. 3/27/87 i Exceptions to Referrals sheet, Case RIV-87-A- Same as above  !

019 (1 page)  !

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4. 3/31/87 l Allegation Review, case number 4-87-A-019, Same as above l

subject; Newspaper article (1 page) {

i S. Undated l

l Handwritten notes, allegation case numbers Same as above (1 page) l l 6. Undated Memorandum from R. G. Taylor to E. H. Johnson. Same as above subject: Governmental Accountability Project Petition Pursuant to 10 CFR 2.206 dated May 29, 1987 (1 page)

7. Undated Memorandum to docket file, So. Tex. Project Same as above R. G. Taylor to E., H. Johnson. subject:

Government Accountability Project Petition Pursuant to 10 CFR 2.206 dated May 29, 1987 (1 page) i

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~ Re:' F0! A-87-464

-APPENDIX H NUMBER DATE DESCRIPTION

1. 1/26/87 Letter, J.H. Goldberg, N14P, to Ms' Billie Carde re S_TP (4 pages)

I 2.

3/5/87 Letter, J.E. Geiger to Ms. 31111e Carde re STP, (3 Pages) l 3, 3/18/87 Letter, J.H. Goldberg to Billie Carde. (2 pages) 4, 7/15/87 Letter, Samuel J. Chilk to Billie P. Carde  !

(1 page) .

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Re: F0!A-87-464 'e i l'

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APPENDIX E

)

j P.ECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REGjifST NUMjER

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NUMBER DATE '

1 DESCRIPTION l 1

1/20/87 Nevspaper article. Austin American-Stateaxn, I '

" Group to conduct inquiry on Nuke" (1 page) '

re STP , ,

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2. 1/21/87 Newspaper article. The Houston Post, " Watchdog i group plans probe of STNP" (1 page)  !
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3. 3/6/87 Newsletter, The Bottom Line, by South Texas l Project, "Safeteam Government Accountability t Project and the NRC" (1 page) '

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4. 2/9/87 I Letter, J.H. Goldberg to Mr. Robert. P. Mahdi,X RIV, re Correspondence With GAP (2 pages/ .

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3/19/87 Letter, J.H. Goldberg to Mr. Robrit D. Martin, subject: Negotiations With Government Accountability Project RE: Letter From J. H. Goldber's to 1. 3.

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Martin Dated 3/9/87 (3 pages)  :

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6. 3/20/87 Letter, J. H. Goldberg to Mr. Robert D. Martin )

re STP (1 page)

7. 4/6/87 Letter, J. H. Goldberg to The Daily Tribune, l Bay City TX (2 pages)

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5/27/87 Transmittal f ax sheet, NRL/MNBB, (Clyde Visner /

Region IV) (1 page) , 4

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9. 5/28/87 Statement regarding CAPS petition..." ' 9 7 .

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(1 page) / '

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Re: F01 A- 87-464 R i APPENDIX E RECORDS MAINTAINED IN THE POR UNDER THE ABOVE REQUEST NUMBER j NUMBER DATE- DESCRIPTION l

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10. 5/29/87 Newspaper article, "Outside probe needed at STNP, nuclear watchdog group says" (1 page) i
11. 6/9/87 Memorandum from T.F. Westerman, RIV, to E.H. Jeanson. '

RIV, subject: New Safety Issues Identified In CAP ,

1 2.206 STP Petition Of May 29, 1987. (1 page) .i I

12. 7/22/87 Newspaper article, Washington Post, " Whistle j

Blowers Betrayed by NRC" (1 page)

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13. Uadated RIV distribution list, handwritten (1 page) i i

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_ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -_________-__ ____-________ ______-________-_-_-____- - - ____ ___- ____ a

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. GDVERNMINf ACCOUNTABluTY PROJECT 1555 Connecncut Avenue, N.W., Suite 202 I Washington. D.C. 20036 (202)232-8550 l July 17, 1987 EREEDOM OF INFORMATION l Director ACT REQUEST l Office of Administration U.S. Nuclear Regulatory Commission h ,

Washington, D.C. 20555 1h 7-M-f } -

Re: Freedom of Information Act Request j To Whom It May Concern: j 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, l interview reports, procedures, instructions, agency analyses,  !

drawings, files, charts, graphs, maps, photographs, agreements, j handwritten notes, studies, data sheets, notebooks, books, tele- l phone messages, computations, voice recordings, any other data i compilations, interim and/or final reports, status reports, and i any and all other records relevant to and/or generated in connec-tion with a letter dated July 15, 1987 to Ms. Garde and Mr.

Condit from Samuel J. Chilk concerning a May 29, 1987, 10 CFR 2.206 petition requesting the establishment of an investigative unit to review allegations concerning the South Texas nuclear -

power plant. This request includes but is not limited to records of all communications between the NRC and any outside individuals and/or organizations parties concerning this letter and the dates .;

and times such communications were made. l l

This request includes all agency records as defined in 10 CPR 9.3a(b) and the NRC Manual, Appendiz 3211, Parts 1. A.2 and ,

A.3 (approved October 8, 1980) whether they currently exist in 3 the NRC official, " working", investigative, or other files, or at '

any other location, including private residences.- This request does not include responsive records that the Department has never possessea.

If any records covered by this request have been destroyed' and/or removed, and/or are destroyed and/or removed af ter receipt of this request, please provide all surrounding records, includ-ing'but not limited to a list of all records which have been and/or are destroyed and/or removed, a description of the action (s) taken, relevant date(s), individual, office and/or agency-side policies and/or justification (s) for the action (s).

MNM[hb

I Director I Office of Administration July 17, 1987 Page Two i

GinP requests t hat fees be waived, because " finding the information can be considered as primarily benefitting the gener-al public," 5 U.S.C. 552 (a)(4)(a). GAP is a non profit, nonpartisan public interest organization concerned with open and honest government. GAP is organized under section 501(c)(3) of the IRS Code as a tax-exempt organization. Through public out-reach, the Project promotes whistleblowers as agents of govern-ment accountability. Through its Citizens. Clinic, GAP offers as- l j

sistance to local public interest and citizens groupds seeking to ensure the health and safety of their communities. GAP is cur-rently assisting several citizens groups, local governments and interveners in the NRC Region IV area concerning the construction cf nuclear power plants. ,

l We are requesting the above information as part of an ongo-ing monitoring project on the adequacy of 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 specif-i: .tcIA exemption, please provide an index itemizing and describ-ing the documents or portions of documents withheld. The index j shcold provide a detailed justification of your grounds for 1 claiming each exemption, explaining why each' exemption is rele-

) vant to the document er portion of the document withheld.

This I

i nde:s is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C.

Cir. 1973), cert. den. 415 U.S. 977 (1974).

We look forward to your response to this request within ten l (30) days. '

l Si cerely ,

s t

  • l V David S. Rubinton, Esq.

Coordinator, FOIA Litigation Clinic-GAP l

l Picase nate our new address:

25 C. Street, NW.

S.iite 700 Wa s hi ng t ori, D.C. 20001 1 (202) 347-0460 l

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