ML20238B591

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

ML20238B591
Person / Time
Site:	Comanche Peak
Issue date:	08/19/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Taylor J DALLAS TIMES HERALD, DALLAS, TX
References
FOIA-87-522, RTR-NUREG-1257 NUDOCS 8708210326
Download: ML20238B591 (4)

Text

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/, s F01A-87-522 aespo~se nee f . ,, #*g ,

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l l PARTIAL RESPONSE TO FREEDOM OF X loNAL s l -

INFORMATION ACT (FOlA) REQUES

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AUG 10 ggy  ;

EEOUEStin Jack H. Taylor, Jr.

PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked bones!

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

l Agsney records subtect to the request that are identffed in Appendra are already available for pubhc inspection art copying in the NRC Public Document Roorn, 1717 H Street. N W., Washengton. DC l

l Agncy records subject to the request that are identified in Appendix are being made available for public espection and copying in the NRC Public Document Room,1717 H Street. N W., Washington, DC, in a fodder under this FOIA number end requester name. l Ths nonproprietan version of the proposaksi that you agreed to accept in a telephone conversation with a rnember of my staff a now being made avalable for public inspection and coving at the NRC Pubhc Document Room,1717 H Street, N W , Washington, DC , in a folder under this FOtA number and requester name.

Enclosed e information on how you may obtain access to and the charges 8or copying records placed in the NRC Pubhc Document Room,1717 H Street. N W., Weshington, DC.

Agency records subrect to the request are enclosed Any apphcable charge for copies of the records provided and payment procedures are noted in the comments sectx)n.

Records subsect to the request hee been referred to another Federa: agencyf est for review and direct response to you.

In view of NRC s response to the recuest, no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the FOIA enemptions desc9 bed r and for the reasons stated in Part II, sec-tions B, C, and D Any released port 6or's of the documer'ts for which only paq of the record a being withheld are being made avadable for public inspection and copying in

[ the NRC Pubhc Docurnert Room,1717 H Street. N W , Washington, DC, in a folder under this FOIA number and requester name Comments A copy of the report subject to category one of your request is enclosed. Portions of the report have been deleted, as noted on Part 2 of this form. Copies of the attachments to the report which are subject to category two of your request are available for inspection at the Local Public Document Room collection which is maintained at the University of Texas at Arlington, 701 South Cooper, P. O. Box 19497, Arlington, Texas, and through Region IV's Office of Public Affairs, Mr. Joe Gilliland, (817) 860-8100. For your i information, we are also enclosing copies of the two records identified on enclosed Appendix B. Copies of approximately 12s000 pages of references to NUREG-1257 are also available for inspection along with the attachments to the OIA report.

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERES. F01A-87-522 DATE: MUGj9 %

, . PART ll B- APPLICABLE FOIA EXEMPTIONS Wf Records subject to the request that are described in the enclosed Appendices A a,e be,ng witnheid in ine,, ent,,ety o, in pa,, unde, FO! A Ex5mptions and for the reasons set forth below pursuant to 5 U S.C. 552(bl and 10 CFR 9 Stal of NRC Regulations.

L The uthhe<d mformation a properly classi ied f pu suant r to Esecutive Order 12356 tEXEMPTION 11 J l

2. The ethheid information relates solely to th( intemal personnel rules and procedures of NRC IEXEMPTION 2)

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l 3 The wthheld information a specifically exempted from public declosure by statute indicated IEXEMPTION 31 Secten 141 145of the Atomic Energy Act which prohibits the declosure of Restncted Data 'or Formerly Rest,cted Data 142 U.S C. 21612165L I

l Secten 147 of the Atomic Energy Act which pronituts the disclosure of Unclassified Safeguards information (42 U S C. 2167L i i

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4. The wthheid mformation a a trade secret or commercaal or financial information that a being mthheld for the reasontsi mdicated: IEXEMPTION 41 l l The information le considered to be confidential business (propnetary) information.

The mformaton a considered to be propnetary information pursuant to 10 CFR 2.790(dH1).

The informaton was submitted and received m confidence from a foreign source pursuant to 10 CFR 2.790td12n

5. The wthheld information consists of interagency or intraagenev records that are not available through discovery dunng litigation. Osclosure of predec'aional informaten would tend to mhebit the open and frank exchange of ideas essential to the deliberative process. Whose records are withheld in their entirety, the facts are inestncaM mtertwined with the predecisonal informaton. There atso are no reasonably segregable factual portions because the release of the facts would permet an mdirect anquiry into the predecisaonal process of the agency. (EXEMPTION 51

e. The utnheid information is ei.mpted from pubu: d.ciose e rbecause its disciosure wooid resuit m a cieariy unwar anied invasion of personai onvacy. iExEMPT>ON e X

7 The ~taha'd a'o' mat >oa con *'*t$ o' inva$t>9ato'v '*co'd5 comod'd 'o' law enforcement purposes and is being withheld for the reason (s) indicated (EXEMPTION 7i X

Dsciosure would mterfere with an enforcement proceedmg because it could reveal the scope, directim. and focus of enforcement efforts. and thus could pcm.sabrv allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7(All Dacio*u *ou'd coastkuta an ua**"'"t'd inv'$'on of personal pnvacy (EXEMPTION 7tCD X

The informat>on consists of names of individuals and other information the declosure of which wou6d reveal identities of confidentet sources. (EXEMPTION 74DH PART 11 C-DENYING OFFICIALS Pursuant to to CFR 9 9 and or 9.15 of the U S. Nuclear Regulatory Commmsion regulatons. it has been determined that the ir'formaton ethheld is exempt f rom production or discsosure, and that its producton or declosure e contrary to the public interest. The persons responsible for the denial are those offciais identified below as denying offic.als and the Drector.

Divsion of Rules and Records. Offece of Adminstration, for any denials that may be appealed to the Esecutive Director for Operations IEcos DENYlNG OFFICIAL TITLE; OF FICE RECORDS DENIED APPELLATE OFFICIAL SECRETARY foO Sharon R. Connelly Director, Office of Appendix A X Inspector and Auditor j

l PART ll 0- APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identrfied in that section. Any such appeal must be in l writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropnate to the Executive Director for Operations or to  !

the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should cleariy state on the envelope and in the letter that it is an " Appeal from an initial FOIA Decision."

mRc pow as4 e.,1 a U.S. NUCLEAR REGULATORY COMMISSION c* am FOIA RESPONSE CONTINUATION i i

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. , i Re: F0I A- 87-522

. APPENDIX A RECORDS PARTIALLY WITHHELD

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

Re: F01A-87-522 l

, APPENDIX B l

1. March 1987 NUREG-1257, " Review of Issues Raised by 01 A 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 Chairnan Zech from V. Stello, " Implementation of Recommendations of Comanche Peak Report Review Group". (Released in its entirety) l l

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