ML20236G630

Final Response to FOIA Request for Documents,Including V Stello 870414 Memo Re Comanche Peak Rept Review Group.Encl App B Documents Also in Pdr.App B & C Documents Partially & Completely Withheld (Ref FOIA Exemption 5)

ML20236G630
Person / Time
Site:	Comanche Peak
Issue date:	10/30/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Taylor J DALLAS TIMES HERALD, DALLAS, TX
Shared Package
ML20236G632	List: ML20236G630 ML20236G635
References
FOIA-87-564 NUDOCS 8711030166
Download: ML20236G630 (5)

Text

U.S. NUCLEAR REGULATORY COMMISSION Nac Foia neoussi Nuwstmsi f %le e FotA 66Y ,,tpoNss tyte

! 1 RESPONSE TO FREEDOM OF )]- XI***' I l "'

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INFORMATION ACT (FOIA) REQUEST

( OCT 3 01987 DoCKtT NuMataisi vr emaceaes

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k Df PART !.-R(CORDS RELEASED OR MOT LOCATED (See checked boxes!

No agency records subrect to the request have been located.

No moditional agency records subrect to the request have been located.

Agency records merect to the request that are ident#ied in Appendix n already available for public inspection and copying in the NRC Pdec Docurnent Room, 1717 H Street, N W., Washington, DC.

Agency records subpoet to the request that are identified in Appendix E m being made available for public inspection and copying in the NRC Putsc Document Room,1717 H Street, N.W., Washington, DC. in a folder under this FOIA number and reawester name.

The -vw.sy version of the proposaHs) that you agreed to accept in a telephone conwsaten wrth a member of my staff is now being made avalable for putAc inspection and coymg at the NRC Public Document Room,1717 H Street, N W , Washington, DC ri a folder under this FOLA nurnber and requester name.

Enclosed is informacon on how you may obtain access to and the charges for copying recortas placed m the NRC Public Document Room,1717 H Street, N W., Washegton, DC.

Agency records subrect to the request are enclosed. Any applicable charge for cores of the 'ecords provided and payment procedures are noted in the comments secton.

Records subpect to the request have been referred to another Federal agency 0es) for rem and derect response to you-In view of NRC's response to the request, no further action is being taken on appeal nomer ested PART ll.A-INFORMATION WTTHHELD FUROM PUBLIC DISCLOSURE Certain informaton in the requested records is being withheld from public declosure puware to the FOlA exemptions desenbed in and for the reasons stated in Part 11, sec-

/ tions 3, C, and D. Any released portons of the documents for which only part of the record a bemg withheld are being made available for public inspection and copymg in the NRC Pubiec Document Room.1717 H Street. N.W., V/ashington, DC, in a folder urcer une FOtA number and requester name.

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NT.C FORM 464 iPan ei it &

FREEDOM OF INFORMATION ACT. RESPONSE FOIA NUMBEHIS): OTb O - EN DATE: OCT 3 0 27 i PART ll.B- APPLICABLE FOtA EXEMPTIONS Records subject to the request that are described in the enclosed Appendices I are being wthhed in their entirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to S U.S.C. 552(b) and 10 CFR 9.Sta) of NRC Reguatens. I

1. The withheld information is property classrfed pursuant to Executrve Order 12356 (EXEMPTION 11

2. The withheld informaton relates solely to the intemal personnel rules and procedures of NRC. (EXEMPTION 2) l 1

3. The withheld information is specifically exempted from public declosure by statute indicated: (EXEMPTION 31 )

Secten 141145 of the Atomic Energy Act whch prohibits the disclosure of Restricted Data or Formetty Restncted 3sta .42 U S.C. 21612165). l

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' Secten 147 of the Atomic Energy Act whech prohibits the declosure of Unclassified Safeguards Information 142 US C. 2471.

4. The withheld information is a trade secret or comrnercial or financial information that is being withheld for the reasonal indicated; IEXEMPTION 4)

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

3 The information is considered to be propnetary information pursuant to 10 CFR 2.790(ditt).

The information was submrtted and received in confidence from a foreign source pursuant to 10 CFR 2.790tdH2).

5. The withheld information consists of interagency or intraagency records that are not available through discovery dunns Et genen. Declosure of predecisional information would tend to inhibit the open and frank enchange of ideas essential to the deliberative process. Where records are wumshs in their entroty, the facts are inextricably X intertwined with the predecemnalinformaten. There also are no reasonably segregable factual portions because the russes ed the facts would permit an indirect inquwy into the predecie onal process of the agency. IE.XEMPTION 51

6. The withheld informanon is exempted from public declosure because its disclosure would result in a clearty unwerrensed sweeson of personal privacy. (EXEMPTION 61

7. The withheid information conosts of investigatory records compied for law enforcement purposes and is being withhad for the reason (s) indicated. IEXEMPTION 7)

Declosure would interfere with an enforcement proceeding because it could reveal the scope, directen, and focus d enforcement efforts, and thus could

, possely allow them to take action to sheid potental wrongdoing or a violation of NRC requirements from investigsers. EXEMFilON 7(Al) l Disclosure would constitute an unwarranted invasion of personal privacy IEXEMPTION 7tCH The information consists of names of individuals and other information the disclosure of which would reveal identnes of Confidential sources. (EXEMPTION 710H PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 9.15 of the U.S. Nucieer Regulatory Comrn.asion regulations. It has been determined that the bfornunon enthheid is exempt from production or rbhure, and that its producten or disclosure is contrary to the pubhc interest. The persons responsible for the dernal are those officials dentified below as denying officials and the Director, Devicion of Rules and Records. Office of Adrrunetraten, for any denials that may be appealed to the Executive Director for Opersoons IEDul.

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1 dOCOW. l PART ft D- APPEAL RIGHTS The denial by each denying officialidentified in Part ll.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to tre Executive Director for Operations or to ,

the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washingtm, DC 20tiSS, and should cieerfy state on the envelope and in the letter 1 that it is an " Appeal from an 'nitial FOtA Decision."

Nxc Fow and IPert a U.S. NUCLEAR REOULATORY COMMISSION m FOIA RESPONSE CONTINUATION

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, .g Re: ' FOI A- 87-564 - __

APPENDIX B RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION

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1. 4/14/87 Memor :dum f rom Stello to Chairman Zech, Subject,.  ;

" Implementation of Recommendations of Com anche Peak Report i Review Group," w/ enclosures (32 pages). Exemption 5 1

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l Re: F01 A- 87-564 -

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APPENDIX -B RECORDS PARTIALLY WITHHELO NUMBER DATE DESCRIPTION & EXEMPTION

1. 4/14/87 Memorandum from Stello to Chairman Zech, Subject,

" Implementation of Recommendations of Com anche Peak Report Review Group," w/ enclosures (32 pages). Exemption 5 4

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- Re: FOI A- 87-564 APPENDIX C l

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RECORDS TOTALLY WITHHELD NUMBER ,

DATE DESCRIPTION & EXEMPTION

1. 5/14/87 Annotated copy of Memorandum from Stello to .

Chairman Zech, Subject, " Recommendations Pursuant to the Comanche  !

Peak Reports," w/ enclosures (3 pages). Exemption 5

2. Undated Subject, Draft Memorandum from Stello to Chairman Zech. l

" Implementation of Recommendations of Comanche Peak l report Review Group," w/ enclosures (20 pages). Exemption 5  !

3* 12/17/86 Memorandum from Stello to chairman Zech, Subject,  !

OIA Report Review - OIA File #86-10. " w/ enclosures (8 pages). Exemption 5 l

4. 5/16/87 Memorandum from Parler to Chairman Zech, Subject, " Recommendations Pursuant to the Comanche Peak Report" (1 page) - Withhold /.predecisional under deliberative process privilege. Exemption 5

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9 DallasTimes Herald l 1101 Pacdic Ave Dallas, Texas 75202 AUG 6 7987 I

Lando W. Zech Jr. EREEDOM OF INFORMATION Chairman ACT REQUEST ATTN: Freedom of Information/ Privacy Acts Of fice E -g6 Nucicar Regulatory Commission -

1717 'H' Street N.W.

Washington, D.C. 20555 fh[J/g

/

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 and other written documents con-stituting recommendations from the NRC's executive director for op-erations and NRC's general counsel regarding a report from the NRC Office of Inspector and Auditor on the performance of officials at the NRC Region IV office in Arlington, Texas, on the handling of safety issues at the Comanche Peak nuclear power station, Glen Rose.

Texas, requested by the NRC chairman, except that any reasonably segregable portions dealing specifically with opinion or advice may be redacted before release if considered normally exempt by 5 USC 552(b)(5).

I am willing to provide reimbursement for reasonable reproduction costs, but request waiver of all fees, under NRC guidelines, since release of the documents would primarily benefit the general public.

It would be appreciated if you would respond to this request within the 10 days specified by law and regulation. If you have any ques-tions regarding this request, please feel free to contact the under-signed at 214/720-6827 (office) or 214/991-5045 (residence).

Sincerely, r wLtN -

JACK H. TAYL JR.

l Special proj . cts /

! News Depart t l .

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