ML20238B180

Final Response to FOIA Request for Documents,Including NUREG-1257 & Ofc of Inspector & Auditor Rept 86-10 Re Plant. Forwards Documents Listed in Apps a & B.Portions of Documents Withheld (Ref FOIA Exemptions 6 & 7).W/o Encls

ML20238B180
Person / Time
Site:	Comanche Peak
Issue date:	08/19/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Culpepper S CAPITAL CITY PRESS, BATON ROUGE, LA
References
FOIA-86-860, RTR-NUREG-1257 NUDOCS 8708210193
Download: ML20238B180 (4)

Text

U.S. NUCLEAR REGULATORY CoMMISSloN Nac to,a atoutst housta:si F0IA-86-860

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INFORMATION ACT (FOlA) REQUEST gyg DOCLET NUMBtRi$i # afgwatm REQUESTER Mr. Steve Culpepper ,

PART t.-RECORDS RELE ASED OR NOT LOCATED ISee checked comes)

No agency records subsect to the request have been located No additonal agency records subject to the request have been located.

Agancy records subsect to the reqwst that are identifed in Appendis are already avabbie for public inspectio and copying in the NRC Pubhc Document Room, 1717 H Street, N W , Washington, DC Agency records subpect to the request that are identifed in Appendia are teeng mee available for pubhc inspection and copyir:g in the NRC Public Docurwent Room,1717 H Street. N W , Washington, DC, in a folder under this FOI A number and requester name The nonpropnetary versiori of the proposaks) that you agreed to accept in a telephone conversation wrth a rnember of my staff is now being made available for public inspection and coying at the NRC Pubhc Document Room.1717 H Street. N W . Washington, DC . in a fober urder the FOIA number and requester name.

X 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.

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

Records subrect to the request have been referred to another Federal agencyies) for review and direct response to you in vow of NRC's response to this request, no further action is being taken on appeal letter dated PART li. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records a being withheld from pubhc disclosure pursuant to the FOIA enempt.ons described in and for the reasons stated in Part fl. sac-16ons B, C. ans O Any released portions of the documents for which only part of the record is being wethheid are being made available for public inspection and copying in X the NRC Pv',,hc Document Room -'17 H Street. N W., Washington, DC, in a folder under this FOIA number and requester name.

Comments A copy of requested OIA Report 86-10 is enclosed. Portions of the report have been deletede as noted on part 2 of this form. In addition, we are enclosing copies of the two records identified on enclosed Appendix B. Copies of the approximately 5,000 pages of attachments to the OIA Report and approximately 12,000 pages of references to NUREG-1257 are maintained in NRC's Public Document Room in the docket file for the

! Comanche Peak Plant.

8708210193 870819 PDR FOIA CULPEPP86-860 PDR Ss 9PE DiAECTOR. OfvtSIO F JLIS AN ' OHD5

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FRE(DOM OF INFORMATION ACT RESPONSE FotA NUMBER (S)- TOIA-86-860 DATE. A U C 1 4 '

PART 118- APPLICABLE FOIA EXEMPTIONS s l

Records sutsect to the request that are described in the enclosed Appendices $ are being withneld in their entirety or in part under FOIA )

Esemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 5(a) of NRC Regulations.

1. The withhc6d informahon is proper 4 classifed pursuant to Executive Order 12356 IEXEMPTION 1)

2. The withheld information relates solely to the internal personnni tules and procedures of NRC. 4 EXEMPTION 2)

3. The withheld information a specifically exempted from public disclosure by statute indicated: (EXEMPTION 31 Section 141145 of the Atome Energy Act which prohibrts the disclosure of Restncted Data or Formerly Restncted Data (42 U.S C. 216121651.

)

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Secten 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information 142 U.S C. 2167L

4. The withheld informahon is a trade secret or commercial or financial information that a being withheld for the reason (s) indicated. (EXEMPTION di The information a considered to be confidential business (propnetary) informaton.

The information is considered to be proprietary information pursuant to 10 CFR 2.790tdll1).  !

1 The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(d:(2)

6. The withheld information consists of interagency or intraagency records that are not available through decovery dunng litigation. Declosure of predecisional information 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 inextricably intertwined with the predecisenal informaton. There also are no reasonably segregable factual portons because the release of the facts would permit an int

• ect inquiry into the predecisonal process of the agency (EXEMPTION bl

6. The withheld information is exempted from publet dectusure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 61 1

y 7. The withheld information consists of investigatory records compiled for law enforcement purposes and is being

• thheld for the reason (s) indiceted. (EXEMPTION 7)

)

Disclosure would interfere with an enforcement proceeding because it could reveal the scope, direction. and focus of enforcement efforts. and thus could poesiofy allow them to take scoon to shield potermat wrongdoing or a v.olation of NRC requirements from investigators. IEXEMPTION 7t All Osclosure would constitute an unwarranted snvasion of personal privacy (EXEMPTION 7(C))

)

The information consets of names of individuals and other informaSon the disclosure of which would revealidentities of confidential sources (EXEMPTION 7401) i PART 11 C-DENYINO OFFICIALS  !

i Pursuant to 10 CFR 9 9 and 'or 9.15 of the U.S. Nuclear Regulatofy Commesson regulatons, it has been determined that the information withheld s exempt from production or dsclosure, I and that its production or disclosure is contrary to the public interest. The persons responsible for the denial are those officials identified below as denying othcials and the Director, Division of Rules and Records. Office of Adminstraten, for any denials that may be appealed to the Executive Director for Operations stooi DENYING OFFICIAL TITLE OFFICE RECORDS DENIED APPELLATE OFFICIAL l sE CPET ARY EDo Sharon R. Connelly Director, Office of Appendix A X Inspector and Auditor i

PART 11 D- APPEAL RIOHTS The denial by each denying official identified in Part ll.C may be apnealed to the Appellate Official identified it) that section. Any such appeal must be in writing and must be made wittwn 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 Commisamn, 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 FOlA Decision." j mc FORM ass trert 2) U.S. NUCLEAR REGULATORY COMMISSION nei FOIA RESPONSE CONTINUATION i

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Re: F01 A- 86-860

, APPENDIX A RECORDS PARTIALLY WITHHELD

1. 11/26/86 OIA Report 86-10, " Allegations of Misconduct by Region IV Management with Respect to the Co,tianche Peak Steam Electric Station".

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pe: F01 A.86-860 APPENDIX B l

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1. F.ar:n 1987 NUREG-1257, " Review of Issues Raised by Ol A Report 86-10 Concerning i the Comanche Peak Steam Electric Station: Report of the Comanche l

Peak Report Review Group". (Portionsdeleted)

2. 4/14/87 Memo to Chairman Zech from V. Stello, " Implementation of Recommendations

( of Comanche Peak Report Review Group". (Released in its entirety) t

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