ML20236H394

Final Response to FOIA Request for Documents.Documents in App a Already Available in Pdr.App B Documents Sent Only to Requester.App C Documents Completely Withheld (Ref FOIA Exemptions 5 & 7)

ML20236H394
Person / Time
Issue date:	07/23/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Bauman L GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-87-368 NUDOCS 8708050169
Download: ML20236H394 (5)

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• RESPONSE TO FREEDOM OF M "^' l l eAariAt

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'g / INFORMATION ACT (FOIA) REQUEST oe.ee u ms,v, JUL 2 3 m wcm .a.,

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P/.RT 4.-RECORDS RELEASED OR NOT LOCATED (See checked bones)

No agency records sub#ect to the request have been located.

No additional egency records subrect to the request have been located.

Agency records subsect to the request that are identified in Appendix .A are ai,eady eveaabie fo, puuic ir.pecion and copying in tne NRC Pubiic Documeni noom, 1717 H Street, N W., Washington, DC.

l Agency records subject to the request that are identified in Appendix are being rnade available for pubhc inspection and copying in the NRC Public Document floom,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

The nonpropnetary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made avalable for public inspection and coving at the NRC Pubhc Document Room.1717 H Street, N W., Washington, DC, in a folder under this FOtA 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., Washington, DC. j Agency records subsect to the request are enclosed. Any applicable charge for copies of the records provided and payrrent procedures are noted in the mmments section.

Records subject to the request have been referred to another Federal agencyties) for review and 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 information in the requested records is being withheld from public disclosure pursuant to the FOIA enemptions described in and for the reasons stated in Part II, sec-tions B, C. and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and Copying in the NRC Pubhc Document Room,1717 H Street, N W., Washington, DC. in a folder under this FOIA number and requester name.

L j Comments I

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8708050169 870723' PDR FOIA BAUMAN87-368 PDR ,

NRC FORM 464 : Pan H 19 th

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBER (S): O A 4 7 4 M oATE: t,., oo ._  !

PAXT ll 8- APPLICA8tE FOIA EXEMFTIONS " * " N Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under FOIA Enmptions and for the reasons set forth below pursuant to 5 U.S.C, M2(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The witht. eld information is properly classifed pursuant to Executive Order 12356 IEXEMPTION 11 1

2. The withheld information relates solely to the intomal personnel rules and procedures of NRC. (EXEMPTION Si i

3. The withheld information is specifically exempted from public disclowre by statute indicated: (EXEMPTION 3) '1 4..  !

Secten 141145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data'or Formerly Restricted Data 142 U.S.C. 2161-21651. j l

n Section 147 of the Atomic Energy Act which prohibets the disclosure of Unclassified Safeguards information (42 U.S.C. 2167). )

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4. The withheld information is a trade secret or commercial or financial infonnation that is being withheld for the reason (s) indicated: (EXEMPTION 4)

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

The information is considered to be propnetary information pursuant to 10 CFR 2.790(dh1L The information was submitted and received in ennfidence from a foreign source pursuant to 10 CFR 2.790ld)(2).

5. The withheld informaton consists of interagency or intraagency records that are not available through discovery dunng litigation. Osclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative procesa. Where records are withheld in their entirety, the facts are inextricably intertwmed with the predecisonal informaton. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisenal process of the agency (EXEMPTION 51

6. The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasiCn of personal privacy. (EXEMPTION 6)

7. The withheld information consists of investigatory records compied for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 71 Disclosure would interfere with an enforcement proceeding because it could reveal the scope, directen, and focus of enforcement efforts, and thus could

{ possibly allow them to take action to shield potential wrongdoing or a volation of NRC requirements from investigators. IEXEMPTION 7(AH Disclosure would constitute an unwarranted mvesior of personal privacy tEXEMPTION 7(CH The information consists of names of individuals and other information the disclosure of which would reveal identities of confidential sources. (EXEMPTION 710))

PART fl C-DENYING OFFICIALS

~ Pursuant to 10 CFR 9.9 and/or 9.15 of the U.S. Nuclear Regulatory Commission regulatons, it has been determined that the information withheld is exempt from production or deciosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial era those officials identified below as denying officials and the Director, Division of Rules and Records Office of Administration. for any denials that may be appealed to the Execunve Director for Operatens stoot DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL M NCtCW) O k M c$, SECRETARY EDO

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'3 PART 11 D- APPEAL RIGHTS

-. The denial by each denying official identified 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 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 it is an " Appeal from an Initial FOIA Decision.

ec Fow and (Part 21 U.S. NUCLEAR REGULATORY COMMISSION rs so FOIA RESPONSE CONTINUATION

1 Re: F01A-87-368~

APPENDIX A RECORDS MAINTAINED AMONG PDR FILES (SEE POR FILE NO. FOIA-87-193 (BAUMAN)) j a

1. 12/13/86 Newspaper article from Arkansas Gazette by Michael Haddigan (1 page)

2. 12/13/86 Newspaper article from Arkansas Democrat by. Paul Barton j (1page) l

3. 12/14/86 Newspaper article from Russellville Courier ('1 page) -

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4. 1/5/87 Statement by Gene Campbell, VP Nuci Ops, AP&L (1 page) j i

5. 1/6/87 Newspaper article from Arkansas Democrat by Paul Barton j (1page)

6. 1/6/87 Newspaper article from Arkansas Gazette by Michael i Haddigan(1page) I

7. 1/23/87 Letter to Campbell from Gagliardo, (2 pages) Accession j No. 8702100008 w/ enclosure:  ;

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8. 1/27/87 Inspection Report 50-313/86-40 and 50-368/86-40, Arkansas 1 Power and light Company (13 pages), l Accession No. 8702100027 PDR.

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i Re: F01A-87-368 APPENDIX B RECORDS RELEASED ONLY TO GOVERNMENT ACCOUNTABILITY PROJECT'S BILLIE PIRNER GARDE, ATTORNEY FOR RICHARD COUTY l

1.- 12/23/86 Resume' Richard C. Couty, S&W Technical Services, Inc.  !

(4pages)

2. Undated Handwritten name and address. (1page) l

3. Undated Handwritten name and phone number. (1page)'

4. Undated Coversheet,allegationNo.4-86-A-0110.(1page) l 1

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A Re: F01A-87-368 APPENDIX C RECORDS TOTALLY WITHHELD

1. Office of. Investigations records related to an ongoing investigation are being withheld pursuant to F0IA Exemption (7)(A)

2. Some records maintained by the NRC's Region IV office are being withheld from public disclosure, in their entirety, by that office pursuant toFOIAExemptions(5)'ano(7)(A) l/

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