ML20236H185

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Partial Response to FOIA Request for Documents.App Bb Documents Partially Withheld (Ref FOIA Exemption 6) & Available in PDR
ML20236H185
Person / Time
Issue date: 07/31/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Taylor J
DALLAS MORNING NEWS, DALLAS, TX
Shared Package
ML20236H188 List:
References
FOIA-86-335 NUDOCS 8708050092
Download: ML20236H185 (3)


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RESPONSE TO FREEDOM OF Mb ^"

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  • g .e... INFORMATION ACT (FOIA) REQUEST JUL 311987 DOCK!T NUMBERtSt Wespace6el J dck RTA .5 c.

Kf0VESTER

  1. PART IMRECORDS RELEASED OR NOT LOCATED (See checked bones)

No agency records subsect to the request have been located.

No additional agency records subpect to the request have been located.

A 0ency records subtset to the request that are identified in Appendix are already avaitat4 for pubhc irupection and copying in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.

k Agency records subject to the request that are identifed in Appendix 3 are being made available for public inspection and copying in the NRC Pubhc Docuinont Room,1717 H Street, N W., Washington, DC, in a folder under this FOIA number and requester name.

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversaten with a rnember of my staff is now being made avaiable for public iruoecten and coying at Cee NRC Pubhc Document Room,1717 H Street, N W., Washington, DC, in a folder under the 'OIA number and requester name.

Enclosed is information on how you may obtain access to and the Charges for copying records placed in the NRC Pubhc Document Room,1717 H Street, N.W , Washingrin, DC.

[ Agsncy records subpct to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments secton.

Rscords subsect to the request have been referred to another Federal agency (ies) for review and direct response to you.

In vow of NRC's response to this request, no further action is bdag taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE f

Certain informaton in the requested records is being withheld from public declosure pursuant to the FOIA esemptions described in and for the reasons stated in Part 11. sec-tons 8. C, and D. Any released portions of the documents for which only part of the record a being wrthheld are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street. N.W., Washington, DC, in a folder under this FOIA nurnber and requester name.

' Comments r '

SIG TYRE. DIRECTOR, Di Of RU

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PDR FOIA w TAYL OR 86-335 PDR NMC FORM 464 ipsi 11 is esi

FREEDOM OF INFORMATION ACT RESPONSE , FOIA NUMBER (St ((- b~ h CATE:

PART 11 B- APPLICABLE FOIA EXEMPTIONS l R4 cords subject to the request that are described in the enclosed Appendices are being withheid in their entirety or in part under FOIA Exsmptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) an( 10 CFR 9.5(a) of NRC Regulations.

1. The withheld information is property cWed pu.suant to Enocutrve Order 12356 fEXEMPTION 1) f
2. The withheld information relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2) i
3. The withheld information a specifically enempted from pubhc dsclosure by statute indicated. IEXEMPTION 3)

Secten 141 145of the Atomac Energy Act which prohibits the declosure of Restncted Data 'or Formen ' Restricted Data (42 U.S C. 21612165).

Secten 147 of the Atomic Energy Act which prohituts the declosure of Unclassified Safeguards informa *n 142 U S.C. 2167).

4. The withheld information e a trade secre' or commercial or financial information that is being withheld for the reason (s) indicated IEXEMPTION 4)

The information is considered to be confidential business 'propnetary) informaton.

The information is considered to be propnetary informaton pursuant to 10 CFR 2.790(dHti.

The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790ldM2).

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6. The withheld information consists of emeregency or intraagency socords that are not available through discovery during litigation. Osclosure of predecisional informaton l would tend to inhibit the open and frank enchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextncably l intertwined with the predecisionalinformation. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry ento the predecisenal process of the agency. (EXEMPTION 5)
6. The withheld information is exempted from public disclosure because its declosure would result en a clearly unwarranted invasson of personal privacy (EXEMPTION 6) 7 The withheld information consists of investigatory records comoded for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7)

Disclosure would interfere with an enforcement proceeding because 11 could reveal the scope, directen, and focus of enfoxement efforts, and thus could )

possibly allow them to take acton to sheld potentaal wrongdoing or a violaton of NRC requirements from investigators. (EXEMPTION 71AH )

Declosure would constitute an unwarranted invasion o personal priva f (EXEMPTION 7tC))

l The information consists of names of individuals and other information the declosure of which would ieveal identities of confidential sources. (EXEMPTION 7401) l PART fl C-DENYING OFFICIALS I Pursuant to 10 CFR 9 9 andlor 915 of the U S. Nuclear Regulatory Commason regulatons, rt has been determined that the information wrthheld a exempt from production or disclosure, snd that its production or disclosure is contrary to the pubhc interest. The persons responsible 8nr the denial are those officials identified below as denying officials and the Director.

Divsson of Rules and Records. Office of Administrated, for any denials that may be appealed to the Esecutive Director for Operations (E. Doi.

DENYING OFFICIAL TITLE!OFHCE RECORDS DENIED APPELLATE OFFICIAL h6Cht kkM Ok $ECRETARY too j u MS i .

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$hY PART 11 D- APPEAL RIGHTS The denial by each denying official identified in Part II.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 the Executive Direcar for Operations or to the Secretary of the Commission, U.S. Nuc* ear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter thtt it is an " Appeal from an initial FOIA Decision."

w c FOAM *a4 (Pert 2 U.S. NUCLEAR REGULATORY COMMISSION to asi FOIA RESPONSE CONTINUATION

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. i Re: F01A-86-335 APPENDIX BB

)

RECORDS PARTIALLY WITHHELD

1. 5/6/86 09:50 Handwritten notes on telephone conversation. (1page)

(Exemption (6)) 4

2. 5/7/86 11:45 Handwritten notes on radiological measurements. (1page)

(Exemption (6))

1

3. 5/7/86 13:47 Reportable Event Number 04534. (1 page) (Exemption (6)) )
4. 5/7/86 13:47 Handwritten NRC Event Notification worksheet of radiological measurements. (2 pages) (Exemption (6))
5. 5/14/86 Information provided by Region V w/ enclosures, re: radiological measurements. (8 pages) (Exemption (6))

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DallasTimes Heraki o 'P" "-

May 6, 1986 r o M Office of Nuclear Reactor Regulation ACT REQUEST Nuclear Regulatory Commission "M"M Washington, D.C. 20555 / ,

re FREEDOM of INFORMATION ACT REQUEST l

Dear Mr. Denton l

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 and in connection with your responsibilities involving nuclear power plants, operators and materials, it is requested that we be provided with copies of the following documents:

1. Any studies, reports, assessments, evaluations, recommendations .

or similar written documents in the possession of your office or any j office under your jurisdiction pertaining to safety issues, actual or hypothetical, at any of the nine nuclear reactors at Aiken, S.C., Oak )

Ridge, Tenn., Platteville, Colo., Idaho Falls, Idaho, and Hanford, Wash., which. include similar design characteristics to the Chernobyl nuclear power reactors in northwestern Ukrainian S.S.R.

2. Any summary listing of accidents which have occurred at the nine nuclear reactors listed in No. 1 above. This is not a request for documents pertaining to each accident, but simply any single doc-l ument, or computer printout, which lists all accidents in summary form which may be in your possession.
3. Any assessment of potential contamination, up to and including worst-case scenario, of radiation leakage from one or more of the nine nuclear reactors listed in No. 1 above which may be in your poss-ession.
4. Any assessment prepared wholly or partly by you or in the poss-ession of your office oY the potential contamination or hazardous effects, whether biological or ecological, national or international in scope, oL the Chernobyl accident. This includes tentative or pre-liminary evaluations and assessments.
5. Any studies, reports, assessments, evaluations or similar writt-en documents in your possession, regardless of source, foreign or do-nestic, pertaining to nuclear reactor capabilities and potential safety hazards of the Soviet Union's nuclear industry in general.
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Haro?.d R. Denton Diructor )'

Office of Nuclear Reactor Regplation Nuclear Regulatory Commission May 6, 1986

6. Any studies, reports, assessments, evaluations or similar writt-en documents in your possession, regardless of source, foreign or do-mestic, pe r taining to nuclear reactor capabilities and potential safe-ty ha zards of Soviet nuclear reactors marketed, constructed or planned l in other countries, including but not limited to the Jaragua I and II )

reactors at Cienfuegos, Cuba.

]

1 with respect to the Chernobyl accident, this request includes all doc-uments from the time of the accident until the date of processing this request. It also includes NRC-generated documents,and documents from other domestic or foreign sources, including but not limited to the International Atomic Energy Agency and the Swedish Institute for the Protection Against Radiation. It also includes do'cuments you may have acquired in connection with your responsibilities as an official of the NRC as well as those you may have acquired by virtue of your role as a member of the interagency task force established to monitor the Chernobyl accident.

If any of t he requested documents are classified in the interest of national security or foreign policy, it is requested that they be considered for release through a declassification review but that such process not delay release of other unclassified documents em-bodied in this request.

Because of the public interest in the subject, it is requested that this request be given expedited handling.

We are willing to provide reimbursement for reproduction costs or other reasonable fees, but request waiver of all fees, under NRC guidelines, since the documents are requested in connection with re-search for articles for the Dallas Times Herald, a general circulat-ion daily newspaper and their release will primarily benefit the gen-eral public. If a fee waiver is not granted and fees exceed $25, please first notify the undersigned at 214/760-9152 (office) or 214/

991-5045 (residence).

If any documents or portions of documents are withheld, it is further requested that an itemized index be prepared correlating each with-held document or portion of a document with a specific FOIA exemption and the relevant part of NRC's nondisclosure justification, as requir-ed by Vaughn v Rosen, 484 F.2d 820 (D . C . Cir. 1973), cert. denied, 415 U.S. 917 (1974).

Sincerely, d fa DL JACK H. T OR JR.

Special rojects/-

News D rtment 2