ML20236A770

Final Response to FOIA Request for Documents Re Alleged Incident at Plant.Forwards App a & B Documents.App B Partially Withheld (Ref FOIA Exemptions 6 & 7C).App a & B Documents Also Available in PDR

ML20236A770
Person / Time
Site:	Peach Bottom
Issue date:	10/19/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Nevin K AFFILIATION NOT ASSIGNED
Shared Package
ML20236A772	List: IA-87-399, Partially Withheld Rept of Investigation:Investigation of Alleged NRC Inspector Misconduct ML20236A770 ML20236A775 ML20236A778 ML20236A781 ML20236A789 ML20236A793
References
FOIA-87-399 NUDOCS 8710230110
Download: ML20236A770 (4)

Text

, e U.S. NUCLEAR REGULATORY COMMISSION Nac FotA nsovest uvustaisi g.-.,e::i p.  ; FoZ6-8. T,3/7 fT / ~

RESPONSE TO FREEDOM Q D**'OF-}L l * '

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(e sese INFORMATION ACT (FOIA) REQUEST 007 1 9 1937 00CKf7 NUMetAtS) W aponces=>

KaQualite e 1 8 PART l.-RECOROS RELEASED OR NOT LOCAttD (See checked bores)

No agency records substet to the request have been located No additonal agency records subrect to the request have been located Agency records mAeect to the request that are identified ln Appendix are already availab4e for public inspection and coppng in the N AC PubAc Docurnent Room, 1717 H Street. N.W., Washington, DC.

Agency records subtect to the request that are identified in Appendix - d .I are % made avadable for public inspection and copying In the NRC Pubec Document

{ Room,1717 H Street, N.W., Wuhington, DC, in a folder under tNs FOIA number and requester name.

The nonpropnetary version of the proposaHs) that you ag sed to eccept in a telephone conversauon uth a member of my staff is now beiry rnade avaiable for public inspection and coying at the NRC Putsc Document Room,1717 H Street, N W , Washington, DC, si a folder uNet this FOIA number and requester name.

Inclosed la s%rnauon 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., WanNngton, DC.

j Agency records subsecMo be request are enc Any app 6 cable charge for copies of the records pm and papt procedures are noted h the comments section.

Recorde subsect to the request have been referred to another Federal agency (ms) for rewww end 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 FROM PUBLIC DISCLOSURE Certain informeton in the requested records is being withheld from public declosure pursuant to the FOIA esemptions described in and for the reasons stated in Part il, sec-bons 8, C, and D. Any rodeased portons of the documents for which only part of the record as be+ng withhe8d are being made available for public inspectKm and copying in the NRC Putec Document Room,1717 H Street, N W., WasNngton, DC, in a folder under the FOIA number and requester name.

C ,.e .ts 8710230110 871019 PDR FOIA NEVIN87-399 PDR A

s on. A o* mu E N 7

NRC FORM 464 & o

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. OEDIM Mr INFO %MATION ACT RESPONSE FOIA NUMBER (St Fsh -D- Rf DATE: _

PART ll.8- APPLICABLE FOlA EXEMPTIONS Wj } S @

RTcords subject to the request that are descrted in the enclosed Appendices are being enthheld in their entirety or in part under FOIA Exemptions and for the reasons set forth beeow pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC RepAatons.

1. The wethheld information is property clasarned pursuant to Esecutive Order 12356 (EXEMPTION 1) 2 The Mthheld information relates solely to IN ritemal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The w6thheld informa6on is specifically exerrpted from public disclosure by statute indcated: (EXEMPTION 3)

Section 14t.146 of the Atomic Energy Act dich prohibits the disclosure of Restricted 04ta'or Formerty Restncted Does 642 U.S.C. 21612166).

, Section 147 of the Atomic Energy Act winch prohitzts the disclosure of Unclasarfied Safeguards Information (42 USC. 2164.

4. The withheid information is a trade secret or cornmercial or financial information that is being withheld for the ressores) recated- IEXEMPTION 4)

The information is considered to be confidential business (proprietary) information.

The information is considered to be proprecary information pursuant to 10 CFR 2.790(dHt).

4 The information was subrnstted and received b confidence from a foreign source pursuant to 10 CFR 2.790(d)(2L

5. The withhold information cormats of interagency or intraagency records that are not available through discovery dweg tegotion. Osciusure of predecisional information would tend to inhibet the open and frank suchence of ideas essential to the dehberatiw process. Where records are esthesad in their entirety the facts are inextricaNy intertwined vnth the predecmonalinformation. There also are no reasonably segregsbee factual portions because the ruleese of the facts would permrt an indweet inquiry into the predeceonel process of the agency. (EXEMPTION 5)

6. The withheld information is exempted from pubAc declosure because its disclosure would result in a clearly unwarrarend swesion of personal privacy. (EXEMPTION 61

7. The withheed information corosts of invest 98tery records compded for law enforcement purposes and is being wettted fcr the reason (s) indicated. (EXEMPTION 71 Disclosure would interfere with an enforcement proceeding because it could reveal the scope direction, and focus ed enaarcement efforts. and thus could possNy anow them to take action to shmed potentel wrongdoir g or a violation of NRC requirements from invest 9nors IEXEMPTION 7(All Ei s Declosure would constitute an unwarranted invssion of personal privacy (EXEMPTION 7tCD The information consista of names of indnduais and other information the declosure of which would reveal identiess of confidential sources. (EXEMPTION 7tDH PART li.C-DENYlNG OFFICIALS Pursuant to 10 CFR 9 9 and/or 9,15 of the U.S. Nuclear Regulatory Cornmasion regulations, it has been determined that the bforweten withhold is exempt from producton or dadoeure.

and that its production or declosure is contrary to me public interest. The persons responssbie for the denial are those officiais ideremed below as denying officials and the Drector, Division of Rules and Records. Office of Adminstration, for any denials that may be appealed to the Executive Director for Operaeons tsoot DENYlNG OFFICIAL , TITLE / OFFICE _ ,j RECORDS DENIED APPELLATE OFFIC1AL S b en 4 = a % ldqQ 1 M %e' "y'" ""

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l PART 11 D- APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Officialidentified in that section. Any such appeal must be in writing and must be rnade 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 Commission, U.S. Nuclear Regulatory Commission, Washington DC 20566, and should clear 4y state on the envelope and in the letter that it is an " Appeal from an Initial FOI A Decesson " l mc FoM esa (Part a U.S. NUCLEAR REGULATORY COMMISSION in esi FOIA RESPONSE CONTINUATION l

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1. s Re:- FOI A- Fr7 - S79 l- APPENDIX A RECORDS MAINTAINED IN THE POR UNDER THE'AB0VE REQUEST NUMBER NUMBER DATE DESCRIPTION

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Re: FOIA- F 7- 299 )

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