ML20247F048

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Partial Response to FOIA Request for Records.App L Record Available in Pdr.App M Records Partially Withheld Ref (FOIA Exemption 7).App N Record Provided to Requestor But Not Made Publicly Available at This Time
ML20247F048
Person / Time
Site: Comanche Peak, 05000000, Fort Saint Vrain
Issue date: 07/25/1989
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Bauman L
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20247F051 List:
References
FOIA-87-535 NUDOCS 8907270074
Download: ML20247F048 (5)
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Text

7-(0, RESPONSE TYPE 3 .

4%,eZe//fi i T RESPONS TO FREEDOM F ->~^t IXI aiariat

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INFORMATION ACT (FOlA) REQUEST JUL 2 5 WB9 DOCKET NUMBL AISIlit appleaNef MobtSTOR GWW PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED ISee checked boxes)

No agency records subsect to tSe request have been locate No additional agency records subject to the request have been located.

Requested records are available shrough another.public distribution program. See Comments Section.

Agency records subi ect to the request that are identdied on Appendu 'est are already available for pubhc inspection and copying in ?"

NRC Public Document Room. 2021 L Street. N W., Washington. DC 20555.. -

Agency records subject to the request that are identified on Appendiatest b are bemg mada available for pubhc mspectron and copying in t*,

NRC Public Document Room. 2021 L Street. N.W., Washington. DC. in a folder under this FOIA number and requester name.

The nonpropnetary version of the proposalts) that you agreed to accept in a telephone conversation with a member of my staff is now being made aveilable for pub :

inspection and copysng at the NRC Pubhc Document Room 2021 L Street. N.W , Washington. DC in a folder under this FOtA number and requester name.

Agency records subject to the request that are identifiedon Apperentesi may be inspected and copied at the NRC Local Pubhc Document Room idento e in the Comments Sect on.

Enclosed is information on how you may obtain access to 8nd the charges for copying records placed in the NRC Public Document Room. 2021 L Street NW.

Washington, DC.

Agency records subject to the request are enclosed. j Records subject to the request have been referred to anothe Federal agencyhes) for review and direct response to ytu You will be billed by the NRC for fees totahng $

in view of NRC's response to this request. no further action is bemg taken on appeal letter dated i No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information an the requested recntd5 is being withheld from pubhc disclosure pursuant to the exernptions descrined in and for the reasons stated in Part li sections B. C, and D. Any released porbons of the documents for which only part of the record is being withheld are tDemg made avaNble for pubhc insp;ction anc copymg m the NRC Public Document Room. 2021 L Street. N W., Washington. DC.m a folder under this FOIA number and requester name COMMENTS . .

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F FREEDOM OF INFORMATION AND PUBLICATIONS SERVICES SIGNT RE. w l DIRECTOR l.r IVISIONkk

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l h fWEEDOM OF INFORMATION AL f RESPONSE ^ FOlA NUMDER(SI: FOIA - T 7md5' Dm9VL i 5 1999. 1 PART lt.B- APPLICABLE EXEMPTIONS l y

[' reords s'ubject 'to the request that are described on th'e enclosed Appendiales) are being withheld in their entirety w in pait undtt ths l2  %:rqptions and for the reasons set forth below pursuant to 5 ti.S C. 552(b) and 10 CFR 9.17(a) of NRC Regulations.

fl The withheld information 6s properly classified pursuant to Executive Order (E x0MPTION tl 2.. The withheld information estates soleh to the intomal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The withheld mformation is specifically exempted from public disclosure by statute indicated (EXEMPTION 31 Sections 141145 of the Atomic Enwgy Act which prohibits the disclosuie of Restncted Data or Formerly Restncted Data 442 U.S C 21612165L Section 147 of the Atomec Energy Act which prohibits the disclosure of Unclassified Safeguards information (42 U.S C. 2167L
4. The withheld mfonnation is a trede secret or commercial or financialinformation that is being withheld for the reason {sJ, mdicated (EXEMPTION 4)

The information is considered to be confidential business (propnetary) mformation.

The mformation is considered to be propnetary information pursuant to 10 CFR 2.790tdllit The information was submitted and received in confidence pursuant to 10 CFR 2.790tdH21.

6. The wrtifield information consists of interagency or mirangency records that are not available through discovery during htigation, (EXEMPilON 5) Applicable Prwilege:

Dehberatwe Process: Disclosure of predecisional information would tend to 6nhibit the open and frank enctunge of ideas essential to the debberative pecLess.

Where records ate withheld m their entirety, the facts are mestricably intertwined with the predecisional mformation, There also are no reasonably segregable factual portions because the release of the facts would permit an mdirect mouiry into the predecisional process of the agency.

Attorney work product privilege. (Documents prepared by an attorney m contemplation of litigation )

Attorteev r client privilege. (Confidential communications between en attorney and his her cisent )

6 i The withheld information is esempted from pubhc disclosure because its disclosure would result in a clearly unwarranted mvasion of personal pnvacy IEXEMPTION 6) g 7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (sl mdicated. (EXEMPTION 7)

Disclosure could rea'sonably be espected to interfere with an enforcement proceeding because it could reveaf the scope, direction. and focus of en-forcement ef f orts. and thus could possibly allow them to take action to shield potential wrongdoing or a violavon of NRC requirr ments from .hvestigators.

EXEMPTION 7 IAll'

.) Disclosure would constitute an unwarranted invasion of personal pervacy tEXEMPTION 7tC))

The mformation consists of names of ind.widuals and other inf ormation t he disclosure of which could reasonably be emoected to tevealidentaties of X confidential sources (EXEMPTION 7 (Dil -

OTHER PART lt. C-DENYING OFFICIALS l Pursuant to 10 CFR 9 25tb) and/or 9 25 Ici of the U S Nuclear Regulatory Commission regulations, it has been determmed that the information withheld is enempt from production or disclosure. and that its production or disclosure is contrary to the public mterest The persons responsible for the derual are those officials identified below as denying officials and the Director, Division of Freedom of Information and Publications Services Oefice of Administration and Resources Management. for any denisis that may be appepted to the Executsve Director for Operations if DOI DENYING OFFICIAL TITI.E/ OFFICE RECORDS DENIED APPELLATE OFFICIAL SECRETARY 'fT 1000 MLJLw2XAbw

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~/ f-PART 11. D- APPEAL RIGHTS The denial by each denymg officialidentified in Patt fl.C may be appealed to the Appellate Officialidentified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appealstnust be acdressed as appropriate to the Executive Director for Operetions "

er to the Secretary of the Commission, p;,

U.S. Nuclear Regulatt ry Commission, Washington, DC 20555, and should clearly state on the orcvelope and m the letter 4 a m pF Nr.C 4 DRM 464 (Part 2) 'U.S. NUCLFAffREGULATORY COMMISSION (11 88)

FOIA HESPONSE CONTINUATION i

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L' RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NLv.BER NUMBERi DATE DESCRIPTION

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RECORDS PARTIALLY WITHHELD

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Re: FOIA- T 2*IJM APPENDIX RECORDS ENCLOSED NUMBER DATE DESCRIPTION

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. 54911-4897 August 12, 3987 fREKDOM OF INFORMATION F3EEOO" OF INFORMATION ACT REQUEST .

Dirnetor (/ q

-Office cf Administration U.S..Muclear Ragulatory Commission 4/ .

20210 Washington, D.C.

70'li!!OM IT XAY CONCERN ,

p.ars. tant to the Freedom of Inf ormation Act (FOIA, 5 U.S.C. 552,) the Government Accountability Project (GAP) requests copies of any and all agency records an6 information, including but not J iini ted to notes, letters, memoranda, drefts, minutes, diaries, logs, calenders, tapes, transcripts, cummaries,' interview reports, procedures, instructions, engineering analysos, drawings, files, graphs, charts, maps, photographs, agreenents, handwritten notes, studies, data sheets, notebooks, books, telcphene messages, computations, voice recordings, computer runoffs, and any :ther data compilations, interim and/or final reports, status reports,.

and any aad al' other records relevant to and or generated in connection with all NRC decisions'and consideration of the Region IV problems including the recent considerations of problems in the OIA report 86-10 and subsequent overview inspections.

This req.:esu includes all agency records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, Ap,oendix 0211, Parts 1.A.2 and A.3 (approved October S, 1980) whether they currently exist in the NRC offical, " working" investigative or other files, or at any other location, including private' residences.

If any records as defined in 10 C.F.R. 9.3a(b)'and the NRC Manual, supra, and. covered by this request nave been destroyed and/or removed after this reques , please provide all surrounding records, including but not

' limited to a list of all records which have been or are de.stroyed and/ar removed, a description of the action (s) taken relevant to, generated in conn-ection with and/or issued in order to isnplement the action (s ) . ,

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'u b o: .' n t and c 'on gove r:n; ea' . Thtough publix orgai. ; r.titi on c o n e ,7 r :. m outrccch, che P r o ' o r . r r r. - '. , w h i n t ' ' N n .w r e, as agents of government l j

cccountabi ity. 'Jh r c a g h i t :-:n v i 2 c:,an t n : h i s t 19b] cwer Clinic, GAP offers cssistr.nce to 1ccal p ib)ic ,interenc aini citizenn groups and interveners 4

in the ccncern for safety ct nuclear power piants.  !

l' We are requesting titis inf ormation as part.of an . ongoing rnonitoring project of the NRC's efforts to protect,,public health. and saf ety at and near .,.

nucin.r processing plants and radioactive waste facilities.

For any documents or portions that you deny due to a specific FOIA , .

enemption, please prccide en index itemizing The index and describing should provide theadocuments detailed or pcrtions of dccuments '.u thheld.

justificat icn of your. grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document Rosen (I), 404 F.2d 820 withheld. This index rec,uired under Vaughn v. _

l (D.C. Ci r. 19/3), cert.

i(denied, 415 U.S; 977 (1974).

We look forward to your response to this request within ten (10) working, days.

Sincerely, W

Linda Bauman rotA Coordinator

.ilidwest office Re s po.u c to this hecuest should be mailed to the Midwest Office:

104 E. Wisconsin Avenue.-B . .

Appleotri; Wisconsin 54911-489.7 W .

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