ML20238B255

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

ML20238B255
Person / Time
Site:	Comanche Peak
Issue date:	08/19/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Nelkens S CITIZENS VS PRICE-ANDERSON
References
FOIA-87-276, RTR-NUREG-1257 NUDOCS 8708210217
Download: ML20238B255 (4)

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, U.S. NUCLEAR REoVLATORY COMMISSION Nac soiA asoursT matR:ss F01A-87-276

[e%g* , 1. - ReseONsi rves

! I RESPONSE TO FREEDOM OF (XI *^' I I "'

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eee.e INFORMATION ACT (FOlA) REQUEST OIh '"

AUG 19'1987  ;

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REQUESTER Shelley Nelkens PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked boxes)

No agency records subrect to the request have been located.

No addetonal agency records subsect to the request have been located.

l Agency records subsect to the request that are ident#ed in Appendix _ are already available for public inspection and copying in the NRC Public Document Room, 1717 H Street. N W., Washington, DC .

Agency records submet to the request that are identried in Appendix are being made available for public inspecten and copying in the NRC Public Document Room 1717 H Street. N W., Washington, DC in a folder under this FOIA number and requester name.

The nonpropnetary versen of the proposaks) that you agreed to accept in a telephone conversation wtth a member of my staff is now bein0 made avaiable for public rupecten end coying at ti.e NRC Public Document Room.1717 H Street, N W Washington, DC, in a folder under this FOIA number and requester name.

Enclosed is informaron on how you may obtain access to and the charges for copying records placed in the NRC Pubhc Document Room,1717 H $treet, N.W., Washingen. DC.

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Agency records subpect to the request are enclosed. Any applicable charge for copes of the records provided and payrnent procedures are noted in the comments secton.

NeCords subpect to the request have been referred to another Federal agencyhest for review and derect response to you.

In vNew of NRC's response to this rewest, no further action a besng taken on appeal letter dated PART ll A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informsten in the requested records is being withheld from pubhc disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part fi sec-tchs B. C, and D. Any released ponions of the documents for which only part of the record is being withheld are being made available for public inspection and copyrg in the NRC Pubhc Document Room 1717 H Street N W., Washington, DC, in a folder under this FOIA number and requester narne.

Comments A copy of OIA Report 86-10 is enclosed. Portions have been deleted, 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 5s000 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.

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i 8708210217 870819 i PDR FOIA PDR NELKENSB7-276 SI U E, DIRECTOR. OlvlSION OF ULES Al D WORDS

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J NRC FORM 464 iP.rt it is asi L___.____._ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _

FREEDOM OF INFORMATION ACT RESPONSE FOtA NUMBER <SI F01A-87-276 DATE. MUC19 m

+ PAstT 118- APPLICABLE FOlA EXEMPTIONS 'N Rssords subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U S.C. 552(b) and 10 CFR 9 5(a) of NRC Regulations.

I 1. The withheld information is property classefed pursuant to Executive Order 12356 (EXEVPTION 11 l

2 The withheld information relates soleiy to the mterna personnel s rules enr1 procedures of NRC (EXEMPTION 21 l

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3. The withheld mformation is specifically enempted from public disclosure by statute indicated (EXEMPTION 31 l

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l Secten 141 145of the Atonec Energy Act whech prohibits the disclosure of Res:ncted Data 'on Formerly Restncted Data (42 U.S C. 2161216SL I

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

4 The mthheld informahon is a trede secret or commercial or financial mformation that is being withheld for the reason (sl indicated. (EXEMPTION di I

i The information is considered to be confidential business (prophetary) information.

The informaton is considered to be proprietary information pursuant to 10 CFR 2.790(d)(1) l k

The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2 790(d)(2L

5. The withheld information consists of inte<sgency or intraagency records that are not available through discovery dunng litigation. Osclosure of predecisional information would tend to inhibit the open and trank exchange of ideas essential to the deliberative process Where records are mthheld in their entirety, the facts are ineutncably mtertened with the predecissonal mformation. There also are no reasonably segregable factual portions because the releat.e of the facts would permit an indirect inquiry into the predecesonal process of the egency. (EXEMPTION 5)

6. The withheld mformacon is exempted from pubhc drsclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy. (EXEMPTION 6)

7. The withhold information consists of investigatory records compiled for law enfort.ement purposes and is being mthheld for the reason (sl indicated. (EXEMPTION 7)

Disclosure would mterfere mth an enforcement proceeding because it could reveal the scope, directon, and focus of enforcement efforts. and thus could possibty allow them to take action to shielei potential wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7t A))

Oisclosure would constitute en unwarranted invasion o* personal prn,acy (EXEMPTION 7tCil The informaton consists of names of mdiv<luals and other information the disclosure of which would reveal identrties of confidential sources. IEXEMPTION 7tDI)

PART 11 C-DENYlNG OFFICIALS Pursuant to 10 CFR 9 9 and 'or 915 of the U.S. Nuclear Regulatory Commessen regulations it has been determined that the information ethheld o exempt from production or disclosure, and that its production or tbsclosur e o coctrary to the public inte'est The persons responsible for the denial are tWe officials identified below as denying officials and the Director.

Divison of Rules and Records. Office of Administration, for any oenials that may be appealed to the Executive Director for Operations (Ecot DENYING OFF8CIAL TITLE 'OF FICE RECORDS DENTED APPELLATE OFFICIAL SECRET ARY EDO Sharon R. Connelly Director, Office of Appendix A X Inspector and Auditor PART 11 D - APPEAL RIGHTS l The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identi#ied in that section. Any such appeal must be in I wnting 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 Commissicn, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it es an " Appeal from an initial FOIA Decision."

eccc sonu as4 (Pan al U.S. NUCLEAR REGULATORY COMMISSION

= FOIA RESPONSE CONTINUATION l

. ',' Re: F01 A- 87-276 ]

APPENDIX A RECORDS PARTIALLY WITHHELD i NUMBER DATE DESCRIPTION & EXEMPTION 1

1. 11/26/86 OIA Report 86-10, " Allegations of Misconduct by Region _IV Management I with Respect to the Comanche Peak Steam Electric Station" l l

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Re: F01A-87-276 APPENDIX B RECORDS ENCLOSED

1. March 1987 NUREG-1257, " Review of Issues Raised by OIA Report 86-10 Concerning the Comanche Peak Steam Electric Station: Report of the Comanche Peak Report Review Group". (Portions deleted)

2. 4/14/87 Memo to Chairman Zech from V. Stello, " Implementation of Recommendations of Comanche Peak Report Review Group". (Released in its entirety) 1 l

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