ML20236C383

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Partial Response to FOIA Appeal for Release of Documents. Document C/6 Released in Entirety,Document C/5 Partially Withheld (Ref FOIA Exemption 7)
ML20236C383
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 07/24/1987
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20236C386 List:
References
FOIA-85-312, FOIA-87-A-18 NUDOCS 8707300039
Download: ML20236C383 (2)
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, . UNITED STATES y' '

' "j, q . NUCLEAR REGULATORY COMMISSION tj 'j W ASHIN GT ON, D.C. 20555

'(  ; July 24, 1987-e OFFICE OF THE SECRETARY Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project Midwest Office 104 E. Wisconsin Avenue '

Appleton, Wisconsin 54911

Dear Ms. Garde:

This letter is a partial response to your April 10, 1987 appeal under the Freedom of Information Act (FOIA), FOIA Appeal 87-A-18CE. On March 4, 1987, Donnie Grimsley, Director qf the Division of Rules and Records', notified you that you were being denied certain of the documents you had requested in FOIA request No.85-312, dated April 22, 1985. .You are appealing the denial of the  ;

. documents, or portions,of documents, listed in Appendices;C and D of the March 4,1987 response'to:your initial request. Two agency officials were responsible'for the initial denials, and therefore, under 10 C.F.R. 6 9.15(a),

responses to your. appeal are duo you from both my Office and the Office of the Executive Director for Operations: This letter covers documents which were denied you by Ben-B. Hayes, Director of the Office of Investigations. These documents were listed as numbers C/5 and C/6 in' Appendix C of.

Donnie Grimsley's March 4 response.to ycu.

In response to your appeal,'the documents numbered C/5 and C/6 have been reviewed, and on the basis of that. review, we are releasing C/6 in its entirety. However, we also affirm the initial decision to withhold portions of C/5 under Exemptions 7(C) and 7(D) of 5 U.S.C. 5 552(b) and 10 C.F.R. l 5 9.5(7).

The document numbered C/6 consists of a December 31, 1984 list of open cases and an attachment which is an investigation status record, complete as of December 31, 1984, for one of the open cases on the list. The investigation which is partially chronicled in the status record is now closed. Since'C/6 is no longer needed for investigatory purposes and contains no infonnation which should be withheld to protect privacy or other values, we are releasing it'in its entirety.

The document numbered C/5 was released to you with certain names deleted, including the' name of the alleger and the name of a confidential source.

Clearly, both the alleger and the confidential source have well-recognized privacy interests in their ' identities. Holy Spirit Association v. FBI, 683 i F.2d 562, 564-65 (D.C. Cir. 1982) (concurring spinion). We know of no public l interest which would call for the violation of that privacy interest, nor have you asserted any such interest. Indeed, there is a public interest in not '

disclosing the names of persons who provide the Comission with information 8707300039 870724 l PDR FOIA i GARDE 87-A-18 PDR <

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2 concerning possible safety defects or wrongdoing, since such disclosure might frighten off potential allegers and thus harm ongoing or future law enforcement activities. Miller V. Bell, 061 F.2d 6?3, 031 (7th Cir. 1981),

cert denied sub nom. Miller v. Webster, 456 U.S. 960 (1982). Other' persons whose names have been deleted from C/5 also deserve the protection of Exemption 7(C), since even the mention of'an individual's name in a law enforcement file can carry a stigmatizing connotation. See, le. ., id_. at 631-32. It'should be noted, moreover, that the projections of Exemptions 7(C)

- and (D) do not necessarily diminish through mere passage of time. Therefore, even though the investigation with which C/5 is connected is closed, we are not obliged to release the names in that document. See, e. . , Diamond v. FBI, 707 F.2d 75, 77 (2d Cir. 1983), cert. denied, 465 U.S. 10 1984).

The material being released to you is also being placed in the Commission's Public Document Room at 1717 H Street, N.W., Weshington, D.C. 20006.

This letter represents final agency action on your January 13, 1987 FOIA Appeal of the denials of the documents numbered C/5 and C/6 in Appendix C of Donnie Grimsley's March 4,1987 response to you. Judicial review of the denial of documents or portions of documents is available in Federal District court in the district in which you reside or have your principal place of business, or in the District of Columbia, incerely, j L . s amu Secretar of the Con ssion

Enclosure:

Material released I

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COVERNMENT ACCOUNTADIUTY PROJECT 1555 Connecticut Awnue N.W., Suite 202  ;

Washington, D.C. 20036 (202)232-8550  :

GOVERNMENT ACCOUNTABILITY PROJECT o MIDWEST' OFFICE

1104.E. WISCONSIN AVENUE APPLETON, WISCONSIN 54911

April 10, 1987

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Division of Rules and Records [ ./)e/8d((((.gf Office of Administration 4 Wa hi t D j w RE:

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Dear Mr. Grimsley,

, i g'T q This is an appeal pursuant to subsection a(6)'of the .

% Freedom of Information Act as ~ amended (5 U.S.C. 522), of the j actual denial to release docucents, requested by the Government Accountability Project. '

By letter dated March 4, 1987 you informed us that records subject to our request described in Appendix C & D.are being withheld in their entirety or ,ii part under FOIA Exemption 5, because disclosure would inhibit the open & frank exchange of i

ideas needed for dilerative process and Exemption 7 A,C,D, and

i because disclosure would interfere with an enforcement proceeding because it woulexcveal.the scope, direction, and focus.of enforcement
  1. 3 ef forts, and thus.99ould possibly allow them to take actions to sheild potential wrongdoing of a violation of NRC requirements from investigators, disclosure would constitue unwarranted invasi'on.of

%" personal privacy,Jdqd the information consists of names of '

individuals and oth e information which would reveal identities of 4

confidential sources.1 Webelievfw are entitled to the release of the documents being withheld.y "

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We expect your response to thin appeal within 20 working days s

of your receipt so that we can determine whether to pursue this matter further in the courts.

)3 2' Sincerely,

(

N fic Billie Pirner Garde

, . , Director, Environmental I Whistleblower Clinic )

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" 9. NUCLEAR REGULATORY COMMISSION ==: ' .4 atoutst avweimiss iy"% % I 4-85-312 l ,. A11POh$4 fvPE i # 5 RECPONSE TO FREEDOM OF X h"^' I l "*

(o eeseh t INFORMATION ACT (FOlA) REQUEST NAR 4 g DOCKET maJMSER($1 Ur se#ceearl Billie Pirner Garde, GAP 50-445/50-446 PART l.-RECORDS RELEASED OR NOT LOCATED (Su checked bows)

No sgency records subrect to the request haw been located.

N) additonal agency records subsect to the request have been located.

'""""'d"6''**a""'id'""'*d'"**" die B a,e si,.dy a,siiabie ,o,,ubii, ,mosction and co,ying in ine NRC puuic Document Room.

X D17 H Street, N.W., Washington, DC .

Agency records subsect to the request that are identifed in Appendia E e,e being made avaiiabie fa,,utAc ,,soection and copying as the NRC Pubisc Document X Room,1717 H Strwt N.W., Washington, DC, et a folder under the FOIA number and requester name.

The unproprietary version of the proposal (si that you agreed to accept in a telephone conversation with a member of my staff is now being made avaiable for public inspection and soy ng at the NRC Public Document Room,1717 H Street, N W , Washington DC, in a folder under this FOIA number and reouwter nema.

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

Agency as;ords subject to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments sector).

Records subrect to the request have been refened to another Federal agency (ses) for review and direct response to you.

In wow of NRC's enconse to the request. no further action is be+ng taken on appeal letter dated X (86-A-19)

PART st.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certah informaton in the requested records a being withheld from pubiac disclosure pursuant to the FOIA exemptiens desenbod in and for the reasons stated in Part 11, ese-X tons B. C, and D. Any reinsed portions of the documents for which only part of the record is being withhsid are boog made avaaabie for puWie inspecton and copying in the NRC Public Document Room,1717 H $treet, N.W., Washington, DC, in a folder under the FOIA number and reouester name.

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a CEEDOM OF CFIRMATION ACT RESPONSE FOiA NuueEnist 85-312 oArt: ER4 g PA AT 118- APPLtCABLE FOIA EXEMPTIONS Recores ab ect f to the request that are desenbed in the enclosed Appendices C and D . a,e de,ng wrtsheid in tnei, enii,ety o, in pa,t under FOIA

j. Emerreters and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 Stal of NRC Regulations.

l 1, TM asWid informaton e property clasasfod pursuant to Esecutwe Order 12356 (EXEMPTION 1)

2. T>e armhold information relates solely to the intomal personnel rules and procedures of NRC. (EXEMPTION 2) i l< 3. T*e asehold information a specifically esempted from public declosure by statute mdicated IEXEMPTION 3)

$ecson 141146 of the Atome Energy Act which prohibas the dsclosure of Restricted Data or Formerly Restncted Data 142 U.$ C. 21612166L

,e Secmon 147 of the Atomic Energy Act whch prohituts the declosure of Unclassified Safeguards informaton 142 U $.C. 2167).

4. N sermheld information e a trade secret or commercaal or financel oformation that a being withheld for the reason (s) indicated: (EXEM' TION 4) 7%e eformaton is considered to be confidential busmess (propretaryl information.

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( N rdorrnation is considered to be proonetary information pursuant to 10 CFR 2.790idH11

on, and focus of enforcement efforts. 49d thus could

{ j an==mv allow them to take acton to sheid potential wrongdoing or a volation of NRC requirements from mvestigators. (EXEMPTION 71AH g Doctosure would constitute an unwarranted invason of personal prwacy (EXEMPTION 7(C))

I X:The f mformaton conssts of tsames of mdividuals and other eformation the disclosure of which would revealidentities of confidential sources. (EXEMPTION 7tD1)

PART 11 C-DENYING OFFICIALS Pursuarr. in C CFR 9.9 and for 9.15 of the U S. Nuclear Regulatory Commason regulators, it has teen determined that the mformation withhold is exempt from production or disclosure.

and that ses creducten or declosure a contrary to the public mterest. The persons responsible for the den 6al are those officels identifed below as denying offcels and the Osrector, Orveion of 1(sies and Records, Office of Admmistration, for any denels that may be appealed to the Executive Director for Operations (Ecol DemNG OFFICIAL TITLEIOF FICE RECORDS DENIED APPELLATE OFFICIAL stentTAny too Ben'.B. Hayes Director, OI C/5 and C/6 X Harold R. Denton Director ER e C/1-C/4; D/1-D/S X  !

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fa l PART lt 0- APPEAL RIGHTS l The demds! by each denying official identified in Part ll.C may be appealed to the Appellate Official identrfed in that section. Any such appeal must be in l writmg arid 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 the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that a is an " Appeal from en initial FOIA Decision."

heic Fonsa ans ireri al U,$. NUCLEAR REGULATORY COMMISSION

      • > FOIA RESPONSE CONTINUATION

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F01A-85-312'

' APPENDIX B

, RTCOPOS SURi1ECT TO FGIA-P.5-312 ALPEADY IN PDR-

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11. : Report of Inquiry .04-8':-021 (PDR/ADOCK/50-445Q/AN08410310137)'

2l. . Report'of Inquiry 04-R3-023 (PDR/ADOCK/50-4450/AN08410310375).

-3. .; Report ofl Inquiry 04-83-025 (PDR/ADOCK/50-445Q/AN08410310170)

4. '. Report of = Inquiry Q4-83-026 (PDR/A00CK/50 4450/AN08410310088).

, . 5. ' Report of Inquiry 04-83-011 (PDR/AD0CK/50-4450/ANOPd10310021)-

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6. ; Report' of Inquiry QA-84-Oa6- (PDR/F0!A/ GARDE /85-59, BR.'8
7. Report of Inquiry Q4-83-001- and transmittal meno (PDR/FOIA/:

. GARDE /84-210/AN08501160142)

8. ' Report.of Inquiry 04-83-013. (PDR/F01 A/ GARDE /84-779/AN0850228523) 9 '. - Report of Inquiry' 04-83-016 (PDP/FOIA/GAPDE/84-779/AN0850?28555)
10. Peport of _ Inquiry Q4-84-006--(PDR/ADOCK/50-445G/AN08404050063)

-11. Report of Inquiry 04-84-008 IPDP/F01A/ GARDE /84-779)

12. Pe' port of Inquiry Q4-84-012. (PDR/ADOCK/50-445Q/AN08410310119)

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FOIA-85-31?

APPENDIX C RECORDS SUPJECT TO F01A-85-312 KITH PORTIONS PAP.TIALLY. WITHHELD -

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1. 03/31/85 Comanche Peak SSER Number 11 (Draft)-(Exemptions (5),-

(7)(C), and '(7)(D) with non-exempt portions released)

2. '03/20/85' Comanche Peak Allegation SSER .(Draft) (Exemption (5) with non-exempt portions. released)
3. 03/15/85 Comanche Peak SSER Number 10 (Draft):(Exemption.(7)(C)'

with non-exempt portions released)

4. 02/27/85 Comanche Peak Allegation SSER (Draft) . (Exemptions (5),

(7)(C), (7)(D) with non-exempt portions released)

5. 09/12/84 Report of Inquiry, Q4-84-037 (Exemption.(7)(C) with ron-exempt portions released)
6. 01/30/85 Comanche Peak - Listing of Open Cases and Inquiries in 01:RIV - December 31,1984, with attachments (Exemption (7)(A) with non-exempt portions released).

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F01A-PS-31?

APPENDIX D RECORDS SUBJECT TO FOIA-85-312 WITHHELD IN THEIR ENTIRETY

1. -undated Draft' analysis of-. issues compiled by OELD

.(Exemption (5))

P. 11/05/84: Draft letter to M.D. Spence, TUGC0 l (Exemption (5))

3. 01/07/P5 Oraft SSER Supplement No. 5 (Exemption (5))
4. 12/01/84 Draf t. SSER Supplement No. 5. (Exemption (5))-

5, 12/04 CYGNA Evaluation - Conanche Peak, Independent i

Assessment Program Phase 3, by T.L. Bridges, EGAG-Idaho (Exemption'(S)).

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APPENDfX E RECORD SilBJECT- T0 F01A-85-31,? PELEASED IN ITS ENTIRETY '

- l '. 08/14/84.: ' Menorandum ' for' John T. Collins,.. RIV, from Ben -8.. Hays ,

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Subject:

- " Comanche Peak' Steam Electric-Station:'.

Alleged Intimidation of Brown.& Root, Inc. ; Structural; Welding. Crews (4-84-012):-(1 page).

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'MOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Avenue, NW., Suite 202 j Woshington, D.C. 20036 (202)2324550 i

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[ April 22 1985 I

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Freedom of Information-Act Request feminW OF ImMN 7 __jpIL REQUEST Director office of Administration U.S. Nuclear Regulatory Commission Washington, D.C. 20555 OQ-@M2 -

TO WHOM IT MAY CONCERN: M.c cL 4l3o165 Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.

Section 552, the1 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, summarias, inter-view reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks,. books, tele-phone messages, computations, voice recordings, computer run-offs, any other ' data compilations, interim and/or final reports, status reports, ' and any and all' other records relevant to and/or_gener-ated in connection with all summary materials provided to the contentions and/or the harassment and intimidation panel for their assessment of 'QA/QC at Comanche Peak.

This request includes all agency records as defined in 10 C.F.R.

Section 9.3 (b) and the-NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved. October 8, 1980) whether they currently exist in the NRC of ficial, " working", investigative or other files, or at any other location, including private' residences.

If any records as defined.in 10 C.F.R. Section 9.3a (b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all. records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).

GAP requests that fees be waived, because " finding the infor-mation can be considered as primarily benefitting.the general J

public," 5 U.S.C. 552 (A) (4) ( A) . GAP is a non-profit, nonpartisan i public interest organization concerned with honest and open govern-  !

ment. Through public outreach, the Project promotes whistleblowers i as agents of government accountability. Through its Citizens Clinic, of ,,, mar b'

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.. j their 'communi tie s . 'The Citizens Clinic is currently assisting i several. citizens groups,. local governments and interveners in .

the mid-Michigan area concerning the construction of the Midland I plant.

We are requesting the above information as' part of an ongoing 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 speci-fic FOIA exemption,. please provide an index itemizing and des-cribing the documents 'cn portions'of documents withheld. The index.should provide a' detailed justification of your grounds for claiming each exemption, explaining why each exemption is

' relevant to the' document or portion of the document withheld..

This index is required under Vaughn v. Rosen 1(I) , 484 F.2d 820 (D .C. Cir 19 7 3) , cert. denied, 415.U.S. 977 (1974).

We look forward to your response to this request within 10 days.

Billie Pirner Garde Citizens Clinic Director

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