ML20238A431

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Final Response to FOIA Request for Rept of Investigation of Intimidation & Coverup at Texas Util Generating Co.Forwards App C Documents.Documents Partially & Completely Withheld (Ref FOIA Exemptions 5,6 & 7)
ML20238A431
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 09/03/1987
From:
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Garde B
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20238A433 List:
References
FOIA-86-378 NUDOCS 8709090295
Download: ML20238A431 (6)
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U,5. NUCLEAR RE2ULATORY COMMISSION NRc potA r.squist wussasi rag %

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\ INFORMATION ACT (FOIA) REQUEST SEP - 31987 DOCiLET NUMBERtSi uf aspeceadri

,.00VESTER S Wh h , Gard % e:wlre PART L-RECORD / RELEASED M NOT LOCATED (See checked boxes)

No agency records subject to the request have been located.

No additional agency records subpoet to the rsquest have been located.

Agency records subject to the reglaust tf e are identihed in Appendix are already available for public hopection and copying in the NRC Public Document Room.

1717 P Street, N.W., WLahington, DC Agency recorde subject to the request that si Sentified in Appendix b are being made evedoble for pubhc inspection and copying in the NRC Public Docurnent Room,1717 H Street, N.W., Washington, Di b a folder under the FOIA number and requester name.

The nonpropnetary version of the proposalla) that you agreed to accept in a telephone conversation with a mereer of my staff is now being made avalable itar public inspection and coying at the NRC Publc Document Room,1717 H Street, N.W., Wr.shington, DC, in a folder under this FOIA rusnber and requester name.

Enclosed is information on how you mey obtain eccess to and the charges for copying records placed in the NRC Public Docurnent Room,1717 H Street, N.W., Washinge n, DC.

Agency records subject to the re@s;t are enclosed. Any applicable charge for copies of the records prowded and payment procedures are noted in the comments section.

Recorcle subject to the request haw been referred to another Federal agencyties) for review and direct response to you.

in view of NRC's response to this roguest, no further action is being taken on appeal letter dated PART li.A-INFORMATION WITHHELD FROM PUBLIC OtSCLOSURE Certain information in the requesad records is being withheld from public disclosure pursuant to thc FOtA expretions described in and for the reasons stated in Part 11, ese- l g tbns B, C, and D. Any renessed pcetaons of the documents for which only part of the record is being withheid are being made available for public inspection and copyulg in the NRC Public Document Roorn,1717 H 6treet, N.W., Washington, DC, in a folder under the FOIA number and requester name.

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y FREEDOM'OF INFORMATION ACflIEEPOEISE FOIA NUMBER (SI:

PART 88 S-a.PPLICAILE FOIA EJLEMPTIONS hh h DATE:

. Rtcords subject to the request that are described in the encioned Appendices are being withheld in ther er crety or in part under FOIA

- Ex:rnptioru, and for the reuons set forth below pursuant to 5 U.S.C. 562(b) and 10 CFR 9.5(a) of NRC flegulations.

1. The withhald information is property clesofed pursuant to Executrve Order 123lb6 (EXEMPTION _11
2. The w6thhold information relates solely to the intemal personnes rules and procedures et NRC. (EXEMPTIO*) 2)
3. The wHhheld information is specifica#y esempted from pubis declosure by statute indicated; (EXEMPTION 3)

,, Section 141146 of the Atomic Energy Act which prohibets the declosure of Restricted Data tor Formerly Restr.cted Data (42 U S.C 214%2106).

7 Section 147 of the Atonuc Energy Act which proibits the Wre of Unciosslued Safeguards information (42 U.S.C. 216h.

4. The w6thheid informaten is a trado escret or commercial or frio, cal informeten that a being withheld for the reason (s) indwated: (EXEMPTION 4)

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

i The information is considered to be proprotary informataan pwnwant to 10 CFR 2.790tdit1L g The information was hbmitted and voceived in confidence fror9 e foreign source pursuant to 10 CFR 2.790tdH21.
5. The withheid information conmets of interagency or intraagency records that are not evailable through discovery during litigation. Decineure of predeceional informaten v would tend to inhibit the open and frank enchange of ideas esserust to the dehberative process. Where records are withhe6d in their e. the facts are inextricably A Intertwined w6th the predeceionalirdormeinon, There eleo see no reasonably esgregable factual portions because the rolesse of the facts escused permit an

- Nerect inquery into the predecisenet process of the agency. (EXEMPTION bl X 6. The Wthheid informenon is enempted from public dadoeur, becasse its declosure would result h a clearty unwarranted invasion of persor me pnvecy. (EXEMPTION 61

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7. The withheld information consists of imestigatory fecords cormpand for law enforcement purposes and la being withheld for the reasonts) irdcated. (EXEMPTION 7)

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Disclosure would interfere with an enforcement proceerknew= it could reveal the scope, direction, and focus of enforcement eNorte and thus could poesitsy allow them to take setton to shield potental wrorigdurig or a violaton of NRC requirements from investigators. (EXEMPTION 7LAH {

R -1 1 Disclosure would constitute an uneenanted invasen of personed privacy (CXEMPTION 7sCH N. i@ .

The informaten coriaists of names of kidsveduals Ond other reformation the declosure of which would reveal identities of confidentief nowcas, (EXEMPTIOhi )(DH PART ti.C-DENYING OFFICIALS i i

Pursuant to 10 CFR 9 9 and/or 9.16 of the U S. Nuclear Regulatory Cavmmeon regulatens, it has been de.termined that the informaron withheld is ener"ipt from production or declosure.

tnd that its production or declosuse is contrefy to eie public interest The persons responsible for the denal are those officials identifad below as omnying officiels and the Director,

' Dtvision at Rules and Records. Othee of Admmetrocon, for any omnis ilhat may be apposied to the Executive Director for Operatens tEDoi DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL daw s hebm bechs W-

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PART ll D- APPEAL RIGHTS The deniet by eacft denying officialidanulied in Port it.C fuey be appealed to the Appellate Official identified in that secteon. Arm such appeaf must be in writing and must be made vdedn 30 devs of receipt of this response. Appeals must be addressed as appropriate to the Executive Desctor for Operations or to the Secretary of the Commemon, U.S. Nudeer Regulatory Commisseon, Washington, DC 20556, ar d should clearly state on the envelope and in the letter that et is an " Appeal from an kdtial FOIA thian "

Isac Pones ans (Port al emi U.S. NUCLEAR REGU6ATORY COMMIS$lON FOIA RESPONSE CONTINUATION

, ?g FOIA-86-378 APPENDIX C WITHHOLDING EXEMPTION NO.

1. Various Case Chronology (1 page) Released Dates
2. Undated Investigative Status (2 pages) Released Records
3. Undated Allegation Data Form (1 page) Released
4. 10/31/84 Conversation Record - (1 page) Released E. Gilbert
5. 11/26/84 Memo from Noonan to B. Hayes (1 page) Released
6. 11/29/ Handwritten Memo to E. (\ page) Release d Pawlik from E. Gilbert 12/4/ Handwritten Memo to ( page) Release d File from E. Gilbert
67. 12/19/84 Memo from Griffin to (4 page) Portions 6 Gilbert 7C & 7D

'8. 2/27/85 Handwritten Investigator's (2 pages) Portions 6, Notes 7C

  • 9. 2/27/85 Handwritten Investigator's (2 pages) Portions, 7D Notes "10. 3/5/85 Handwritten Investigator's (4 pages) 7D, entirety Notes
  • 11. 3/7/85 Handwritten Investigator's (2 pages) 7D, entirety Notes
  • 12. 3/13/85 Handwritten Investigator's (1 page) 7D, entirety Notes
93. 4/2/85 Handwritten Investigator's (2 pages) 7D, entirety Notes
  • 14. 4/8/85 Handwritten Investigator's (1 page) 7D, entirety Notes

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'I F01A-86-378 j L

WITHHOLDING EXEMPTION NO.

  • 15. 4/8/85 Handwritten Investigator's (1 page) 7D, entirety Notes
16. 5/22/85 Handwritten Investigator's (1 page) Released Notes 1
  • 17.. _4/11/85 Handwritten Investigator's (2 pages)' 7D, entirety Notes  ;
  • 18. Undated Handwritten Investigator's (2 pages) 7D, entirety t Notes
  • 19. Undated Handwritten Investigator's (2 pages) portions, 7D Notes
  • 20, 4/12/8 5 Handwritten Investigator's (1 page) portions, 7D Notes
21. 5/10/85 Memo from B. Hayes to (1 page) Released Chairman Palladino 22, 5/14/85 Memo from B. Hayes to (1 page) Released V. Noonan

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23. 10/15/85 Memo from B. Hayes to (1 page) Released R. Martin 4 24, 10/15/85 Title Page of ROIf (1 page) Released 4-84-050 {

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25. Synopsis of ROIf (2 pages) Released 4-84-050
  • 26. Remainder of ROIf (13 pages) portions, 7D 4-84-050 j i
  • 27. Exhibit I to ROIf (74 pages) portions, 6 j 4-84-050 7C & 7D Transcript of Investigative Interview

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F01A-86-378 I WITNBOLDING I

EKD(PTION NO.

  • 28. 8/23/83 Exhibit 2 to 20Ti (21 pages) Portions, 70 .;

4-84-050 Rpt. of Investigation of Intimidation and Cover-Up/TUGC0

  • 29. Undated. Exhibit 3 to ROIf (2 pages) portions, 7D 4-84-050 Report of Interview--

Spangler

  • 30. Undated- Exhibit 4 to ROIf (2 pages) portions, 7D 4-84-050 Report of Interview -

Keeley -

  • 31. 4/10/85~ Exhibit 5 to R0ff (4 pages) .7D, entirety 4-84-050 Confidentiality Agreement /

Confidential Statement

  • 32. 3/13/85 Exhibit 6 to ROIf (3 pages) 7D, entirety 4-84-050 Confidential Statement
  • 33, 3/7/85 Exhibit 7 to ROIf (3 pages) 7D entirety 4-84-050 Confidential Statement
  • 34, 3/11/85 Exhibit 8 to ROIf (4 pages) 7D entirety 4-84-050 Confidential Statement
  • 35. 4/2/85 Exhibit 9 to ROIf (3 pages) 7D, entirety 4-84-050 Confidential Statement
  • 36, 4/8/85 Exhibit 10 to R01f (2 pages) portions, 7D 4-84-050 Telephone Contact /

Tolson

  • 37. 4/12/85 Exhibit 11 to ROIf (1 page) portions, 7D 4-84-050 Report of Interview /

W. Clements.

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TOIA-86-378 i

' WITHHOLDING i

EXEMPTION NO.

38, 4/3/86 Memo D. Powers to R. Herr (1 page). Released

  • 39. 2/19/86 NRR; and G. Cunningham, ELD;

Subject:

Memorandum from R. Vollmer, IE, t Enforcement Action Re: Harassment and Intimidation at Comanche Peak (28 pages).- Withheld in Entirety.

  • 40. Undated Note by J. Axelrad, IE, regarding Comanche Pe.sk Nuclear Power (Ex. 5)

Plant (1 page). -

Withheld in Entirety

41. Undated Annotations on list of O! reports and inquiries concerning Released ComanchePeak(1page).
  • 42. Undated Note by E. Holler. IE, (2 pages). -

Withheld in Entirety (Ex.5) l

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GOVERNMENT ACCOUNTABlWTY PROJECT -

1555 Connecticut Avenue, N.W., Suite 202 lwr #4rgeri, D.C. 20036 (202)2024550-l May 16, 1986

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U.S.. Nuclear. Regulatory Commission jj Washington,'D.C. 20555 Re: FOIA Request WJQ/-g To whom it may concern:

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.

552,-as amended, 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,, engineering analyses, drawings, files, graphs, charts, maps,' photographs,

' agreements,. handwritten' notes, studies, data sheets, notebooks, books,' telephone messages, computations, voice recordings, computer-runoffs, any other data compilations, interim and/or final reports, status reports, and any and all other records releyantito and/or generated in connection with OI Investigation 4-84'050, " Alleged Intimidation of TUGCO' auditors by QC

. Management," noticed in BN 86-14, April'4, 1986.

This request' includes.all agency records as defined in 10 C.F.R.79.3a(b) and the.NRC Manual, Appendix 0211, Farts 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.

If any records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed, or are destroyed and/or removed after receipt of this request, please provide all surrounding records,. including but not limited to a list of all records which-have been or are destroyed and/or removed,-a description of the. action (s) taken relevant to, generated in connection with, and/or issued in order

.td implement the action (s) . , 3

. GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the gene-

'ral public." 5 U.S.C. 552(a) (4) (A). GAP is a non-profit, nonpartisan public interest organization concerned with honest and. open pvernment. Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the health and safety of their communities.

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F, F

FOIA Request .

May 16, 1986 j '

Page Two GAP is requesting the above information as part of an i ongoing, monitoring project on the adequacy of the NRC's efforts to protecta public safety and health at nuclear power plants.

For any documents or portions of documents that you deny due >

to a specific FOIA exemption, please provide an index itemizing and describing the documents or-portions of documerits withheld.

The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exerption is relevant to the document or portion of the document withheld.

This index is required under vaughn v. Rosen III, 484 F. 2d 820

.( D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).

We look. forward to your response to this request within tan Respectfully, )

\W Billie Pirner Garde Citizens Clinic Director f/' -

42116 i-e e

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