ML20236L676

Ninth Partial Response to FOIA Request for Records,Including Notes of Interview of K Mcmahon.Forwards App K Documents. App K & L Documents Partially & Completely Withheld (Ref FOIA Exemptions 6 & 7,respectively)

ML20236L676
Person / Time
Site:	Diablo Canyon, South Texas, 05000000
Issue date:	11/09/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Devine, Dixon GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20236L679	List: ML20236L676 ML20236L686 ML20236L700
References
FOIA-84-744 NUDOCS 8711110011
Download: ML20236L676 (4)

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INFORMATION ACT (FOIA) REQUEST Icocast hvMstam uren*seen 1

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PART t.-RECORDS RELEA8ED OR NOT LOCATED (See checked boxasi l

No agency recorde subst to the request have been lccated, t

No additional egency records subst to the request have been locaud.

Agency recorde subject to the request that are identfied in Appendix are already aveelable for public inspection and coppng ist the NRC Public Docurnent Raom, l

1717 H Street, N W., Washington, DC, Agency records subW1 to the request that are identified in Appendur are being made avelatde for public inspectxm and copying ei the NRC Public Document

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1 Room,1717 H Street, N.W., Washington, DC, in a folder under the FOA number end requester name.

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The nonproprietary version of the proposal (s) that you aptod to accept in a te6ephone conversation with a member of my staff is now being made evalable for public inspection I

l' and coying at the NRC Pubiec Document Room,1717 H ltreet, N w, Weehington, DC, in a folder under the FOIA number and requester name, t

Endoned is inforrnation on how you rnay obtain access to and the chwges *or copying records pl.sced in the NRC Pubi c Document Room,1717 H Street, N.W., Washington, DC.

Agency recorde subject to the req 9st are enclosed. Any applicable chorge for copies of the recorda provxled and payment procedures are noted si the comments section.

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Records subject to the request have been referred to another Federal agency (ieel for review and direct recponse to you.

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In v4w of NRC's responw to this request, no further action is beng taken on appeel letter dated l

l PART fl. A-INFORMATMN WrfHHELD FROM PU8LIC DISCLOSURE b information in the requested records le being wkhheld from putAc disclosure pursuant to the FOIA exemptions described m and for the reconne stated b Part it, sec.

tioru 8, C, and D. Any rolessed portiore of the documents for whdi only part of the re:Ord is bemg withheld ere being nede available for public supaction and copying in j

,ths NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under thas FOIA number and requester name j

Comments 4

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07113ita11 071109 FOIA PDR PDR DIXON64-744

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EDOM CF'INF*Mh TIG CT RESPONSE '

WOIA NUMBERISH DATE:

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PART ti.8-APFLYA8LE FOlA EXEMPTIONS Records subject to the request that are described in the enclosed A ^

4' are being withhant in their entirety or in part under FOl A I

r Ex:rnptions and for the feasons set forth below pursuant to 5 U.Skendices 552(b) and 10 CFR 9.b(a) of NRC Regula6cns.

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. Thh withheld informatmn is'properN classified pursuant to Executive Order 12356 IEXEMPTION 11

2. The' withheld irt ormation retores soiety to the intomal personnel rules erb procedures of NRC. (EXEMPTION 2) f j

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3. 'The withheld information a soscsficacy exempted from putdic declosure by statute indicated:' (EXEMPYlON 3)

Secdon 141I146 of the Asarrne Energy Act which prohibits the declosure of Restricted Data 'or Formerty Restricted Osta MJ U.S.C. 21M 2165L

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,s Section 147 of the Aerme Energy Act which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2t67).

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4. The withheld information is a trade secret or comrnercial or financial information that is being withheid for the reason (s) indicated ((EXEMPTION 4) j

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/N ks The information in consadored to be confidential business (propnetary) information.

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d The information is consadored to be proprietay information pursuant to 10 CFR 2.790(d)(1).

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The information was subnrtted and recorved in confidenc4 from a foreign source pursuant to 10 Cf F.?.790td)(2),

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6. The withheld inforraanon conents of interagency or intraagency records that are not availave through thscovery durity ktsption. Declosure cf predocsional information would tend to inhibit the opm and frar* exchange of ideas essental to the deliberative process. Whers recorrte am withheld in their entirety. the facts are inextricably intertwined with the prerwa-maiinformenon. There also are no renconably segreyeble factual porGans because the robes of the facts woukt permit an

' indirect inquiry into the ar=*==anel process of the egency. (EXEMPTION 5) k l

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6. The withheld informaion is cuenoted from public declosure because its declosure would result in a cioarty vnwarrame7 invasion of personal privacy. (EXfMPTION 6) 4

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7. The w6thheld bformenon ccmouts of investigatory records compied for law enforcernant purposes and is being withhold for k.e reason (s) indicated, (EXEMPTION 7) l 9'

Disclosure would interiore with en enforcement proceeding because it could reveel the scope. direction, and Ocus of enforcement efforts, and thus could N

possibly allow them e take action to shield potential wrongdoeno or a violation of NRC requirernents from invepgatort, (EXEMPTION 71AH ii!

Disclosure would corskarie an unwarranted invasit.n of personal privacy (EXEMPTION 7(CH Q&

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h The informs; ion conents of names ef individuals and other infom.atien the disclosure of which watJd won; ioentrties of confidential sources. (EXEMPTION 7(OH 1

PART li.C-DENYING OFFICIALS

. Fursuant to Ig CFR 9.9 and/or 9.t5 of the U.S. Ntdaer Regulatr>ry Commrssion regulations, it has been detarvnsned that ta d 't. formation wi9Mi daxempt from prodvetion or disclosur.e.

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' end that its production or disencours is contrar, to the public interest. The persons respor>sMc for the densel are those uffecWs identified below as denying officism # ed the Director,

- Division of Hule6 and Records. Office of Administration, for any denials that may be appealed to tha Execu'ove. Director irr Operctions agooi.

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DENYING OFFIC1AL TITLE / OFFICE HECORDS OENIED APPELVTE OFFICIAL SICRCIARy~l >

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PART 110- APPEhk RIGHTS Tha denial by each denying Sff.cial ident#ied 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 rectript of this response. Appeals must be addressed as aMropriate to the Executive Director for Operations or to the Secretary of the Commmeon, U.S. Nuclear Regulatory Commission, Washington, DC 20556, and should clearly'stata on the ennioce and in the letter that _tt is an " Appeal from an Wtial FOlA Decision."

n;c ?onM ase r4rt 21 U.J. NUCLEAR REGULATORY COMMISSION

• eo FOlA P.ESPONSE CONTINUATION m

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7-Re:;F01A-84-744 (9thPartial)

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C APPENDIX K i

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PORTIONS'0F RECORDS WITHHELD'.

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);ll WITHHOLDING EXEMPTION-s

1.

7/6/84 Memorandum from C4nter to Shackleton.

Portions 6, 7D

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2. -

Undated Notes of Interview of Kevin McMahon.

' Portion.(6.-7C-j f;'t I (4pages) i 3..

L12/13/84' Signed Sworn Statement of Dossey..

Portions 6' 7C.

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1/28/84' Memorandum from Shackleton to File.

Portions ' 6. 70 -

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' ' Re:-F01A-84-744 3..:

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.'APPEKDIX L-RECORDS DENIED':IN ENTIRETY.

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-EXEMPTION

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1/18/84' Hir'dwritten letter from confidential l

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Handwritten letter from confidential 70 J

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3.4 Undated Signed Sorn Statement of confidential 70 l

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u LGOVENAMENT ACCOUNTA0luTY PROJECT' linstitute fo[ Pokey 5

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1901 Que 5tieet: N W Woshington. D C 20009 (202> 234 0382 :

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-September 13, 1984.

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FREED 0K Of INFORMA140N 1

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To Whom It May Concern:

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L' Pursuant to the-Treedom of Information Act (FOIA), 5 U.S.C. $552, the Government 4

Accountability. Project (CAP) request l copies of any and all agency records and I

information,. including but not. limited to notes, ~1etters,: memoranda, draf ts, minutes, ' diaries, logs,. calendars, tapes,' transcripts, summaries, interview reports,.

. procedures,. instructions,l files, graphs, engineering analyses, charts, maps, photo-graphs, s' reements. handwritten notg studies, data sheets,' notebooks, books, tele--

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phone messages,' computations, voice : recordings. any other data compilations, interim and/or-final reports, statius reports, and any other records relevant to ind/or.

(' generated in connection with.the $afety Evaluattoo Report related to the operation of

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the Diablo Canyon Nuclear Power Plant, Unit 1 and 2, NUREG-0675, Supplement so. 22, 4

which provided the NRC. Staff's further findings on whistleblower ' charges. _ We request 1

that. each rcaponsive document be identified by the allegation number (s) to whic.h'it

'may relate.

If any of the asterials covered by this request has been destroyed and/or removed,

• j pleas 2 provide all surrounding documentation, including but not limited to a de-i

. scription of the ' action (s) ' taken,' relevant dats(s), and justification (s) for the action (s);

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~ GAP reque'st that fees be waived, because "~ findings information can be casisidered as

.'primarily benefitting the general public." 5 U.S.C. 5552(a)(4)(A).

CAP is a non-

. profit, non-partisan public interest organization concerned with honest and open-government. Through legal representation, advice, national conferences, films, pub-lications ano public outreach, the project promotes whistleblowers as agents of

. government accountability. We are requesting the above information as part of an on-l going monitoring project on the adequacy of the NRC's afforts to protecc public safety and health at nuclear power plants.

(For any documents or portions that you deny due to a-specific POIA exemption, please provide an index itemising and describing the documents or portion 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 Vasahn v. Rosen(I),

1.484 P.2d 820 -(D.C. Cir.1973), cert. denied, 415 U.S. 977 (1974).

l We look forward to your response to this request within ten days.

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"'e Your truly 1

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' Thomas Devine Cr stal Dixon i

legal Director Legal Intern l

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