ML20237J593

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Partial Response to FOIA Request.App C Documents Encl & Also Available in Pdr.App D Records Partially & App E Records Completely Withheld (Ref FOIA Exemption 5)
ML20237J593
Person / Time
Site: South Texas  STP Nuclear Operating Company icon.png
Issue date: 08/28/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Rubinton D
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20237J595 List:
References
FOIA-87-467 SECY-87-151, NUDOCS 8709040016
Download: ML20237J593 (5)
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k. l AESPONSt TYPE

( A 5 RESPONSE TO FREEDOM OF P'**' M " ^' '

(e e..e / INFORMATION ACT (FOlA) REQUEST ggg g DoCAET NUMBERlSi W especabel REQUESTER bY r V Ch j PART 1.-RECORDS RELEASED OR NOT LOCATED ISee checAed toes)

No egency records subsect to the request have been located.

l No additsonal agency records subrect to th. uguest have been located.

Agsney records subject to the request that are identified in Appendix are already eveamble for p@he repecten and copying in the NRC Public Document Room, 1717 H Street, N W., Washington, DC Agancy records subject to the request that are identified in Appendix are being made evadabie for public inspectson and copying in the NRC Public Document )

Room,1717 H Street, N.W., Washington, DC in a foldar under this FOIA number and requester name. l The nonproprietary version of the proposaHs) that you agreed to accept in a teiephone conversation wrth a ne wnbar of my staff is now being made avalable for public inspection and coying of the NRC Public Document Room,1717 H Street, N W . Washington, DC , in a folder urder the FOIA number and requester name. j Enclosed is information on how you may obtain access to and the charges for copying records p6 aced in the NRC Pubbc Document Room,1717 H $treet, N.W., Washington. DC.

Agency records subject to the request are unclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments secton.

Records subsect to the request have been referred to another Federsl agencybes) for review and direct response to you. j i

in view of NRC's response to this request, no further actson a being taken on appea! letter dated

( PART ll.A-INFORM ATION WITHHELD FROM PUBLIC DISCLOSURE I

Certain information in the requested records is being wrthheld from public declosure pursuant to the FOIA exempoons desenbed in and for the reasons stated in Part it, esc-tons B, C. and D. Any released pornons of the documents for which only part of the record is being mthhold are besN 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.

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7REEDOM OF INFORMATION ACT RESPONSE FOiA NUMBERISF FOLA-TT~ 7 M M e) p2 PART 118-QPPLICABLE FOIA EXEMPTIONS ~"~ ~ 'N l Records subject to the request that are described in the enclosed Appendices . sb are being withheld in their entire', or in part under FOIA l E;temptions and for the reasons set forth below pursuant to 5 U.S C. 552(b) and 10 CFR 9 5(a) of NRC R4 ulatior s.

l l 1 The ethheld information is propedy classtfed pursuant to Esecutrve (>ser 12356 (EXEMPTION 1)

I 2. The withheid informatmn relates solely to the internal personnei ruses and procedures of NRC. IEXEMPTION 21 1

3 The withheld mformaton a specifically exempted from publec discloswe by statute indicated. (EXEMPTION 31 N

Section 141145 of the Atomic fnergy Act which prohibits the descsosse of Restncted Date or Formerty Restncted Data (42 U S C. 2161-216ER Section 147 of the Atomic Energy Act which prohibits the declosure of Unclassified Safeguards informaton (42 U.S C. 2167).

O. The withheid information is a trade secret or commercel or financial rdormaton that is being withheld for the reason (s) indicated (EXEMPTION at

[.0 The information is considered to be confidential business (propnetarii informaton.

l The informaton is considered to be propretary information pursuare to 10 CFR 2,790(dHIL The information was submitted and received in conidence from a fcreign source pursuant to 10 CFR 2.790(dM21.

5 The withheld information consists of interagency or intraagency recorch that are not availab;e through discove:y during litigation. Declosure of predec;sional information m el tend to inhibrt the open and frank exchange of ideas essentaal to the deliberative process. Where roccrds are withheld in their entirety. the facts are inextricably in- onned w'the trk predecimonal mformaton. There also a o no reasorsably segregable factual portions becam the release of the facts would permit en endirect inquiry into tne predectsonal process of the agency. (EXEMPTION 51

6. The withheld information is exensted from pubisc deciosure because res disclosure would result in a clearfy unwarranted invasion of personal prwacy. (EXEMPTION 61
7. The wtthheld information conssts of investigatory records cornpiled for law enforcement purposes and is beeng withheld for the reason (s) irt$ caned (EXEMPTION 7:

Disclosure would interfere with an enforcement proceeding because a could reveal the scopo. directon, and focus of enforcement efforts. arv.? thus could possibly allow them to take action to sheid potentaal wrongdoing or a violanon of NRC requirements from investigators. ' EXEMPTION 7tAH Disclosure would constitula en unwarranted invasion of personal prwecy IEXEMPTION 7tCH

The information consists of names of individuals and other informatusn the disclosure of which would reveal klentities of confidential sources. tEXEMPTION 7(DH PAftT la C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and 'or 9.15 of the U S. Nuclear Regulatory Commisson regulatons, n has been deterrnined that the information withheid is exerrpt ff7n producten or disclosure, and that its producten or declosure is contrary to the public interest. The persons responsible 'or the denial are those officials identified below as deriving officials and the Director.

Drwisaon of Rulee and Records, Offica of Adminstration, for any denials tha #9ay be appealed to the Executive Director for Operatens IEDO).

DENY:NG OFFICIAL TITLE / OFFICE RECORDS DENIED APP 1ELLATE OFFICIAL g, gg SECRITAM EDo dhas A,WYz4end -

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PART U D- APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official Hentified in that section. Any such appeal must be in wrrting and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Deector for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washengton, DC 20565, and should clearly state on the envdope and in the letter that it is an " Appeal from an Initial FOIA Decisio1" sc Fonu sa4 (Pert a us U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

Re: F01A-87-467 APPENDIX C RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER

1. 6/2/87 Memo to 19 addressees from Kadambi, subject: Daily Highlight for South Texas Project (2 pages)
2. 6/10/87 Letter to Zech, Jr. from Barrientos (1 page)
3. 6/11/87 Letter to Chilk from Newman (7 p ges) w/ attachment: ,

l 4/6/87 Letter to Garde from Goldberg 3 pages) '

4. 7/13/87 1.etter to Barrientos from Bernthal (1 page) f l

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Re: F01A-87-467 APPENDIX D I

REC 0PDS PARTIALLY WITHHELD 1 l

1. Undated Draft SECY paper, subject: Request. for Independent Task Force to Review South Texas Allegations and Motion to Quash Subpoena w/ attachments: (39 pages) [F01A Exemption ,

5] l l

2. 6/22/87 SECY-87-151 for Commissioners from Fitzgerald subject:

Request for Independent Task Force To Review South Texas Allegations and Motion to Quash Subpoena (39 pages) [F0IA i

Exemption 5] )

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i Re: F01A-87-467 APPENDIX E RECORDS TOTALLY WITHHELD

1. 6/00/87 Draft SECY paper re: Request for Independent Task Force to Review South Texas Allegations and Motion to Quash Subpoena (10 pages) [FOIA Exemption 5]

l 2. Undated Draft letter from Lando W. Zech, Jr. to the Honorable Gonzalo Barrientos re: June 10, 1987 letter on South Texas (1 page) [F0IA Exemption 5]

3. 6/25/87 Affirmation Vote Sheet on SECY-87-151 for Chairman Zech (1 page) [F0IA Exemption 5]
4. 7/00/87 Affirmation Vote sheet on SECY-87-151 for Commissioner Carr w/ attachment. (9 pages) [F01A Exemption 5]
5. 7/7/87 Affirmation Vote sheet on SECY-87-151 for Commissioner Bernthal (1 page) [F0IA Exemption 5] l 1

l l 6. 7/9/87 Affirmation Vote sheet on SECY-87-151 for Commissioner

! Roberts (1 page) [F0IA Exemption 5] ,

7. 7/10/87 Draft Memorandum and Order re: Houston Lighting and Power l Company (7 pages) [F0IA Fxemption 5] j
8. Undated Internal Note to Chairman from B. Jones in Preparation for Affirmation Session on SECY-87-151 (1 page)
[FOIA Exemption 5]  ;

I 9. 6/23/87 Internal memorandum to Chairman from B. Jones re:

I SECY-87-151.(2 pages) [F0IA Exemption 5]

l

10. 6/26/87 Note to Cmr Carr and His Staff from Steve Burns, SECY-87-151 Enforcement of Subpoena and Action on Request i for Independent Task Force on South Texas Allegations (1 ,

l page) [F0IA Exemption 5]  !

11, 7/1/87 Note to Cmr Bernthal from Janet, subject: -

SECY-87-151--Request for an Independent Review of South  !

l Texas Allegations and Motion to Quash Subpoena (2 pages)  !

[F01/ f.xemption 5] j i

12. All Commissioner Vote Sheets on SECY-87-151 (4 pages) l l [F0IA Exemption 5 ]
13. All Commissioner Vote Sheets on CR-87-122 (4 pages)

[F0IA Exemption 5]

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GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecrcut Avenue. N W.. Suite 202 Washington, D.C. 20036 (202)2324 550 July 20, 1987 l

Director Office of Administration FREEDOM Of INFORMATION U.S. Nuclear Regulatory Commission .

f' CT REQUEST

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Washington, D.C. 20555 /l -g7 4t{, }

Re: Freedom of Information Act Request To Whom It May Concern:

U.S.C.

Pursuant to the Freedom of Information Act ("FOIA"), 5 552, the 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, summaries, interview reports, procedures, instructions, agency analyses, drawings, files, charts, graphs, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, tele-phone messages, computations, voice recordings, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connec-tion with a July 15, 1987, memorandum and order issued by the Commission concerning a Motion to Quash a May 20, 1987, subpoena issued to Billie P. Garde by NRC Executive Director of Operations, Victor Stello, Jr. This request includes but is not limited to records of all communications between the NRC and any outside individuals and/or organizations parties concerning this order and the dates and times such communications were made.

This request includes all agency records as defined in 10 CFR 9.3a(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 official, " working", investigative, or other files, or at any other location, including private residences. This request does not include responsive records that the Department has never possessed.

If any records covered by this request have been destroyed and/or removed, and/or are destroyed and/or removed after receipt of this request, please provide all surrounding records, includ-ing but not limited to a list of all records which have been and/or are destroyed and/or removed, a description of the action (s) taken, relevant date(s), individual, office and/or agency-wide policies and/or justification (s) for the action (s).

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  • Director Office of Administration July 17, 1987 Page Two GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the gener-al public," 5 U.S.C. 552 (a)(4)(a). GAP is a non-profit, nonpartisan public interest organization concerned with open and honest government. GAP is organized under section 501(c)(3) of the IRS Code as a tax-exempt organization. Through public out-I reach, the Project promotes whistleblowers as agents of govern-ment accountability. Through its Citizens Clinic, GAP offers as-sistance to local public interest and citizens groupds seeking to ensure the health and safety of their communities. GAP is cur-l rently assisting several citizens groups, local governments and interveners in the NRC Region IV area concerning the construction of nuclear power plants.

l We are requesting the above information as part of an ongo-ing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.

l For any documents or portions that you deny due to a specif-ic FOIA exemption, please provide an index itemizing and describ- ,

ing the documents or portions of documents withheld. The index I should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is rele-vant to the document or portion of the document withheld. This index is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C.

Cir. 1973), cert. den. 415 U.S. 977 (1974).

We look forward to your response to this request within ten l (10) days, j l S'ncerely,, i f & J David S. Rubinton, Esq. l Coordinator, FOIA Litigation Clinic-GAP i 1

I Please note our new address: l l 25 E. Street, NW. t Suite 700 L l Washington, D.C. 20001 l

(202) 347-0460 1 a:llll I

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