ML20245D062

Responds to Appeal Re Denial of FOIA Request for Documents Re Ofc of Investigations Investigation 4-84-050.Forwards Portions of Transmittal Memo Listed on App.Remaining Documents Continue to Be Withheld (Ref FOIA Exemptions 5)

ML20245D062
Person / Time
Site:	Comanche Peak
Issue date:	11/03/1987
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Bauman L GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20245D065	List: ML20245D062 ML20245D081
References
FOIA-86-378, FOIA-87-A-77 NUDOCS 8711040344
Download: ML20245D062 (3)

Text

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8

.[ :o UNITED STATES NUCLEAR REGULATORY COMMISSION

) 0- ( I wAsmNOTON, D. C. 38086

• • • • • - NOV8 27

-l Ms. Linda Bauman Government Accountability Project Midwest Office IN RESPONSE REFER u 104 E. Wisconsin Avenue TO FOIA-87-A-77 Appleton, WI 54911 (FOIA-86-378)

Dear Ms. Bauman:

- This is in response to your letter dated September 16, 1987, in which you appealed Mr. Donnie H. Grimsley's response dated September 3,1987.  !

Mr. Grimsley.'s' response denied 28 documents in whole or in part subject I to Ms.. Billie Garde's Freedom of Infomation Act (FOIA). request for i documents concerning 01 Investigation 4-84-050 noticed in BN 86-14. This response addresses the'.three documents listed on the enclosed appendix. <

By letter dated October 14, 1987 Mr. Chilk responded separately to your appeal of the dehial of the other 25 documents.

Acting on your appeal. I have carefully reviewed the record in this case and have detemined that some additiemal information-can now be made .

publicly available. Your appeal is, therefore, partially granted and partially denied.

I have. determined that portions of the transmittal memorandum to document one listed on the enclosed appendix can now be made publicly available and have enclosed those portions. Tia remaining portions of this transmittal memorandum, its enclosures, and documents two and'three listed on the enclosed appendix will continue to be withheld from public disclosure pursuant to Exemption (5) of the FOIA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Casuiission's regulations.

The enclosures to document one listed on the enclosed appendix are drafts which are clearly predecisional because they were prepared prior to and in the course of reaching a final agency decision. These documents describe the preliminary staff thinking and, therefore, contain preliminary advice, opinions, and recommendations of the staff.

Exemption (5) was intended to pemit the agency's withholding of such documents to preserve the free and candid internal dialogue necessary for the careful formulations of agency decisions. The withheld portions E

of the transmittal memorandum to document one and documents two and three listed on the enclosed appendix contain the advice, opinions and recommendations of the staff. Exemption (5) shields from mandatory

l. disclosure information generated in the deliberative process that precedes most decisions of government agencies.

8711040344 871103 hMA A-77 PDR V

i

.o

'Ms. Linda Bauman This is a final agency action. As set forth in the FOIA (5 U.S.C.

552(a)(4)(B)), judicial review of this decision is available in a district court of the United States in the district in which you reside or have your principal place of business or in the District of Columbia.

Sincerely, or t , Jr.

Executive Direct or Operations

Enclosures:

As stated I

i Re: F01A-87-A-77 APPENDIX 1

1. 2/19/86 Memorandum to R. D. Martin, H. R. Denton & G. H. Cunningham from R. H. Yollmer re: Enforcement Actions re Harassment- 1 and Intimidation at Comanche Peak.-(1 page) (Portions Released)

a. Draft letter to:W. G. Counsil from J.' N. Taylor re: Orders .

Imposing And Penalties and Notice of Violation (7 pages)

b. Draft Order Imposing Civil Monetary Penalty (9 pages)'

c. Draft Order Imposing Civil Monetary Penalty (8 pages)

d. Draft Notice of Violation and Proposed Imposition'of Civil "

Penalties (3pages)

2. Undated ' Handwritten notes by J. Axelrad. (1 page)

3. Undated Handwritten notes by E. Holler. (2 pages)

A

_ - - - _ _ _ _ = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ . -_ - -

1

• 4 .,

' GOVERNMENT ACCOUNTABILITY PROJECT

, MIDWEST OFFICE

'l 104 East Wisconsin Aven%

AppWon, Wisconsin 54911 (414) 730-8533-  !

i i

September 16, 1987 i

l N W ANITIAL EDIADEDSGI Victor Stello Executive Director for Operations B7'A'77

/j bbchd 478 U.S. Nuclear Regulatory Commission Mashington, D.C. 20555 G -M

• hf l I

RE: Appeal of FOIA'86-378 Desr Mr. Stello, This is an appeal pursuant.to subsection a(6) of the Freedom-cf'Information Act.as amended (5 U.S.C. 552), of the actual denial cf the commission to release dcouments requested on'May 16, 1986  ;

by the Government Accountability Project.

.By letter dated 9/3/87, Donnie H. Grimsley, Director of the Division of Rules and Records, informed us that Appendix C is i being withheld from disclosure in their entirety pursuant to FOIA I Exemption 5 because the information consists of interagency or intraagency records not available through discovery through litigation (5).

. 1 We believe we are entitled to the relase of the documents being withheld. - I We expect your response to this appeal within 20 working days of your receipt so that we can determine whether to pursue this matter further in the courts. l i

Thank you for your consideration of this appeal. l Sincerely, 1 O

Linda Bauman Legal Assistant

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