ML20141N311

Responds to FOIA Request for Ofc of Investigation Rept on Facility 850702 Inadvertent Criticality Incident.No Written Communications Available.Rept Currently Under Review & Will Not Be Released to Public (Ref FOIA Exemption 7)

ML20141N311
Person / Time
Site:	Fermi
Issue date:	02/05/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Pierson D DETROIT NEWS, DETROIT, MI
References
FOIA-85-834 NUDOCS 8603060130
Download: ML20141N311 (2)

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Mr. Dudley K. Pierson g3 g The Detroit News Lansing Bureau

209 North Seymour IN RESPONSE REFER Lansing, MI 48933 TO F01A-85-834

Dear Mr. Pierson:

This is in response to your letter in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of (1) the Office of Investigation's (01) report on the July 2,1985, inadvertent criticality incident at the Enrico i Fermi 2 plant potential coverup, and (2) all 0I communications to utility j officials regarding the incident, specifically to Chairman W. McCarthy.

I OI staff have advised this office that they have had no written communication .

with the utility regarding this incident.

l The 01 report is currently undergoing OI headquarters review and will not be considered for potential release until that review is completed. The 01 staff was unable to provide this office with a time estimate regarding the completion of their review. This report was compiled for law enforcement purposes and is being(withheld from public and F0IA 5 U.S.C. 55?(b)(7)(A)) disclosure 10 CFRpursuant to Exemption 9.5(a)(7)(1) (7)(A) of the of the Commission's regulations. Release of this document would interfere with an enforcement proceeding and could allow those being investigated to learn the scope, direction, and focus of investigatory efforts. That information could possibly allow the individuals to take action to shield potential wronadoing or a violation of NRC requirements from investigators.

Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been detemined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for this denial is Mr. Ben B. Hayes, Director, Office of Investigations.

l 8603060130^ 860 W j 85-834 PDR NRS 1

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f Mr. Dudley K. Pierson _p.

This denial may be appealed to the Secretary of the Commission within 30 days from the receipt of this letter. Any such appeal Fur.t be in writico, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F01 A Decisinn."

Sincerely,

. in d lu-Q Donnie H. Grinsley, Director Division of Rules and Recorh.

I Office of Administration 9

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