ML20246P498
| ML20246P498 | |
| Person / Time | |
|---|---|
| Issue date: | 05/12/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Parrish D BLADE-TRIBUNE, OCEANSIDE, CA |
| Shared Package | |
| ML20245B290 | List: |
| References | |
| FOIA-88-490 NUDOCS 8905220213 | |
| Download: ML20246P498 (8) | |
Text
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U.S. NUCLE R REOULATORY COMMISSION NRG FOIA HEOULbt NUMBt R($)
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' RESPONSE TO EREEDOM OF lau M a*mai 4 y 9
., NFORMATION ACT (FOIA)' REQUEST
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I g%.e.,e '/ L MAY 121989 DOCKti NUM8tRIst W apotwebtes A
Rt OUL St L R OW YY PART l.- AtiENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)
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No agency records subsect to the request have been located.
l No additional agency records subject to the request have been located.
I Requested records are available through another pubhc distnbution program. See Comments Section.
Agency records subject to the request that are identified on Appendiales) are already available for pubhc inspection and copying en the 1
NRC Pubhc Document Room 2120 L Street. N.W., Washington, DC 20555.
Agency records subject to the request that are edentified on Appendextesl7 $N.O.
=e being made available for pubhc inspection and copying m the NRC Pubhc Document Room, 2120 L Street, N W., Washington, DC, in a folder under this FOIA number end requester name.
The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public in pection and copying at the NRC Pubhc Document Room 2120 L Street, N.W., Washington, DC, in a folder undes this FOfA number and reouester name.
Agency records subject to the request that are identifiedon Appendiates) may be inspected and copied at the NRC Local Pubhc Document Room identified in the Comments Section.
Enclosed is information on how you may obtain access to and the charges for copying records placed in the NRC Pubhc Document Room, 2120 L Street, N W.,
Wrshington DC.
Agency records subsect to the request are enclosed.
RIcords subject to the request have been referred to another Federal agencybes) for review and direct response to you.
You will be billed by the NRC for fees totahng $
. No.
in view of NRC's response to this request, no further action is being taken on appeal letter dated PART 11. A-lNf0RMATION WITHHELD FROM PUBLIC DISCLOSURE
- Cs:rtain information m the requested records is bemg withheld from pubhc disclosure pursuant to the exemptions described in and for the reasons stated en Part II.
sJClions B, C, 8nd D. Any released portions of the documents for which only part of the record is being withheld are being made availabfe for pubhc mspection and copymg in the NRC Pubhc Document Room, 2120 L Street, N.W., Washington DC. m a folder under this FOIA number and requester name g*-
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1 8905220213 890512 PDR FOIA PARRISH88-490 PDR A
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SIG OR, SiON O EEDO INFORMATION AND PUBLICATIONS SERVICES
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FOIA - 9 @ '/ M DATEMAY 1 2 1989 FREEDCM OF INFORMATION ACT RESPONSE FotA NUMBER (SI:
PART ll.8-APPLICABLE EXEMPTIONS b
are being withhe;d in their entirety or in part under the RIcords subject to the request that are described on the enclosed Appendixies)
Eurnptions and for the reasons set forth below pursuant to 5 U S.C. 552(b) and lOICFk 9.17(a) of NRC Regulations.
I
- 1. The withheld information is properly classified pursuant to Executive Order (EXEMPTION 1)
- 2. The withheld u. formation relates sclely to the internal personnel rules and procedures of NRC. (EXEMPTION 2)
- 3. The withheld information is specifically emernoted from public disclosure by statute mdicated- (EXEMPTION 31 Sections 141 145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerly Restncted Data 142 U S C 216121651.
Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information 142 U.S C. 2167L 4 The withheld mformation is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated: EXEMPTION 4)
The information is considered to be confidential business (propnetary) 6nformation.
The information is considered to be propnetary information pursuant to 10 CFR 2.790idH1).
The information was submitted and received hn confidence pursuant to 10 CFR 2.790(dH2).
,X
- 5. The withheld information consists of mteragency or mtraagency records that are not available through discovery during htigation. (EXEMPTION 51 Apphcable Pnvilege:
Dehberative Process; Disclosure of predecisional mformation would tend to inhibit the open and frank exchange of ideas essential to the dehberative process.
Where records are withheld m their entirety, the f acts are sneatncably intertwined with the predecisional mformation There also are no reasonably segregable factual
. portions because the release of the f acts would permit an mdwect mouiry into the predecisional process of the agency.
Attorney work product pnvilege (Documents prepared by an attorney in contemplation of htigation 1 Attorney - client priviege (Confidential communications between an attorney and his her chent i
- 6. The witnheid information is enemptad from pubhc disclosure because its disclosure would result in a clearly unwarranted mvasion of personal pnvacy, IEXEMPTION 6) 7 The withheld information consists of records compiled for law enforcement purposes and is beeng withheld for the reason (s) indicated. (EXEMPTION 7)
Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of en-forcement etforts. and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from mvestigators EXEMPTION 7 (AH Disclosure would constitute an unwarranted invasion of personal pnvacy (EXEMPTION 7(CH The information consists of names of mdividuals and other information the disclosure of which could reasor' ably be enoected to reveal identities of Confidential sources IEXEMPTION 7 (DH OTHER PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25tbl and'or 9 25 Ici of the U S Nuclear Regulatory Commission regulations, at has been determined that the information withheld is enempt from production or disclosure, and that its production or disclosure es contrary to the pubhc interest The persons responsible for the deNaf are those officiafs identified bslow as denymg officials and the Director. Diviseon of Freedom of Information and Pubhcations Services. Office of Administration and Resources Management. for any d3nasis that may be appepted to the Execut.ve Director for Operations tEDOI DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL pus) k h
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7MA PART 18. D-APPEAL RIGHTS The deniet by each denymg officialidentified in Part ll C may be appealed to the Appellate Officialidentified m that section. Any such appeal must be in wnting and must be made withm 30 days of receipt of this response. Appeals must be addresced as appropnate to the Executive Dweetor for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission. Washington DC 20555. and should clearly state on the envelope and in the letter that et is an " Appeal from an initial FOIA Decision."
nRC FORM 464 (Port 2)
U.S. NUCLEAR REGULATORY COMMISSION FOlA RESPONSE CONTINUATION
Re:
(4thPartial)
APPENDIX J L
RECORDS RELEASED TU REQUESTER 1.
Undated Handwritten notes, re:
Southern California Edison FFD.
(1 page) 2.
Undated Cover Sheet entitled, " Drug and Alcohol Abuse: The Bases for n
Employee Assistance Programs in the Nuclear Utility Industry.
(1 page) 3.
Undated Handwritten notes, re:
10 CFR 55 Operators' License, with attachments.
(32 pages) 4.
Undated -Handwritten notes, re:
10 CFR 73 - Physical Protection of Plants and Materials, with attachments.
(37 pages) 5.
Undated Handwritten notes.
(4 pages) 6.
Undated Handwritten notes, re:
Fitness for Duty (FFD), with attachments.
(8 pages) 7.
7/25 Routing slip to Jack Roe from John Hannon, with the following attachments:
a.
7/22/88 Note to F. Miraglia, et.al.,
from J. Lieberman, re: Acosta Order.
(1 page) b.
Undated Document Ca!1-up Sheet.
(1 page) 8.
7/28 Handwritten notes to J. Zwolinski.
(4 pages) 9.
8/31 Handwritten notes.
(3 pages) 10.
7/1983 Manuscript entitled, " Drug and Alcohol Abuse:
The Bases for Employee Assistance Programs in the Nuclear Facility I ndus try. "
(13 pages)
- 11. 8/4/86 Manuscript entitled, " Nuclear Regulatory Commission Policy Statement on Fitness for Duty of Nuclear Power Plant Personnel."
(14 pages)
- 12. 6/20/88 Staff Response to Licensee Personnel Positive Drug Testing.
(1page) 13.
7/26/88 Memorandum for NRR Division Directors from Thomas E. Murley, NRR/ Regional Administrators Management Meeting on re:
June 27, 1988, with enclosures.
(4 pages)
k 1
I Re: F01A-88-490 (4th Partial) j APPENDIX K l
PORTIONS OF RECORD (S) DELETED PURSUANT TO EXEMPTION 5 1.
Undated-PLPQ/0LB History of FFD since June 8, 1988 (2 pages)
Handwritten.
i
Re:
F01A-88-490 (4thPartial)
APPENDIX L RECORDS DENIED IN ENTIRETY PURSUANT TO EXEMPTION 5 1.
Undated Draft Letter to Maurice P. Acosta, Jr. from Victor Stello.
(2 pages) 2.
Undated Partial draft Letter to Acosta with handwritten notations.
(1 page) 3.
Undated Predecisional Draft of 8/15/88 letter to C. McCarthy from John Zwolinski.
(8 pages) 4.
Undated Handwritten notes re, Demand for Information, with attachments.
(18 pages) 5.
Undated Draft entitled, " Order Withdrawing the Order Suspending License (Effective immediatly() and Notice of Denial of Application for Renewal of License.
2 pages) 6.
Undated Draf t Letter to Charles D. McCarthy, Jr. from Jack W. Roe, with attachments.
(4 pages) 7.
Undated Draft of Acosta Letter.
(2 pages) 8.
10/27/88 Philosophy w/ handwritten notations.
(1 page) j 4
.j i-p' 1
Y;, <
Re:
- f.,.,
(4thPartial)
' APPENDIX M RECORDS DENIED IN ENTIRETY PURSUANT TO EXEMPTION 5 a
- 1.
Undated-Draf t Letter to Mr. Acosta from Victor Stello.
(2pages)1 2.,
. Undated' Draft Letter to Mr. Acosta. from Lieberman, w/h'andwritten
^.
notations.- (2 pages).
L' i
l
l Re:
F01A-88-490 (4thPartial) i APPENDIX N DENIED IN ENTIRETY - EXEMPTION 5 1.
Undated Letter to Maurice P. Acosta, Jr. from Victor Stello.
(2pages) 1 l
L 1
i
)
l 1
l l
l l
Re:
F01A-88-490 (4th Partial)
APPENDIX 0 RECORD AVAILABLE IN THE PDR 1.
5/10/88 RulemakingIssue(NotationVote),re:
SECY-88-129 Proposed Rulemakivig - Fitncss for Duty Frograms, PDR Accession No.
8805290301 i
l l
.