ML20206M082

Final Response to FOIA Request for Documents Re design-basis Threat.App G Documents Encl & Available in Pdr.App H Documents Completely Withheld (Ref FOIA Exemptions 1 & 5)

ML20206M082
Person / Time
Issue date:	04/16/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Aftergood S COMMITTEE TO BRIDGE THE GAP
Shared Package
ML20206M088	List: ML20206M082 ML20206M117 ML20206M140
References
FOIA-86-775 NUDOCS 8704200016
Download: ML20206M082 (4)

Text

U.S. NUCLEAR CE2ULATORY COMMISSCN N~c rouatoutsT Nuvst:as.

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INFORMATION ACT (FOlA) REQUEST gg 1 g g7 eee.e DOCsLET NUMBERiSi 4# apphreams REQUES I ER In A 5 7~2 h M AFT 2Gow PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked bones)

No agency records subsect to the request have been located.

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

Agency records subsect to the request that are ideritsfed in Appendix are already available for public inspection and copymg in the NRC Public Document Room, 1717 H Street, N.W., Washmgton, DC.

b Agency records subject to the request that are identified in Appendix are being made avadable for public inspection and copying in the NRC Public Document Room,1717 H Street, N W., Washmgton, DC, in a folder under this FOIA number and requester name.

The nonpropnetary version of the proposaHs) that you agreed to accept in a telephone conversation with a member of my staff is now bemg made available for public it'spection and coying at the NRC Public Document Room,1717 H Street, N W., Washmgton, DC in a folder under the FOIA number and requester name.

Enclosed is informaton on how you may obtam access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

Agency recorns subject to the request are enclosed. Any applicable charge for copes of the records provided and payment procedures are noted in the comments secten.

Fecords suLsect to the request have been referred to another Federal agencytest for review and direct response to you.

In vow of NRC's response to this request, no further action is bemg taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certsen informaten in the requested records is being withheld from public disclosure pursuant to the FOlA exemptions described in and for the reasons stated in Part 11, sec-tens B. C. and D. Any released portons of the documents for which only part of the record is bemg withheld are bemg made available for public mspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washmgton, DC, in a folder under this FOIA number and requester name.

Comments

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SIG E. DIRECTOR, DIVtSi OF UtES a ORDS

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G A T 118-APPLICABLE FOIA EXEMPTIONS Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under FOI A Eaemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The wthheld esformation e property class, fed pursuant to Esecutive Order 12356 IEXEMPTION 16

2. The withheld information relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The wthheld information a specificalty enempted from pubhc disclosure try statute indicated: (EXEMPTION 3)

Secten 141145 of the Atomic Energy Act whch prohbts the disclosure of Restncted Data or Formerty Restncted Data 142 U S C. 2161-21651.

Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassifed Safeguards informaten (42 U S.C. 2167).

4. The wthheld information is a trade secret or commercial or fmancial eformaten that es being mthheld for the reason (s) mdicated. (EXEMPTION 4)

The informaten is considered to be confidential busmess (propnetary) information.

The informaten is considered to be proprutn informaten pursuant to 10 CFR 2 790ldit1).

g The informaten was sutwnstted and recorved in contdence from a foreign source pursuant to 10 CFR 2.790tdtt2L

6. The wthheld informaten conosts of interagency or intraagency records that are not available through discovery during litigation. Osclosure of predecis.onal informa:en would tend to inhibst the open and frank enchange of ideas essential to the deliberative process. Where records are wthheld in their enterety, the facts are sneatnCab'y intertened wth the predecisenal mformation. There also are no reasonably segregable factual portions because the release of the facts would permit an 4

indirect inquiry ento tne predecisenal process of the agency. (EXEMPTION 53

6. The withheld information is enempted from public disclosure because its disclosure would result in a clearly unwarranted mvasion of personal pnvecy. (EXEMPTION 6)

7. The withheld information conosts of mvestigatory records cornoded for law enforcement purposes and is being wthheld for the reason (s) indicated. (EXEMPTION 7)

__ a Disclosure would interfere wth en enforcement proceeding because it could reveal the scope, detecten, and focus of enforcement efforts. and thus could "

possibly allow them to take acten to shield potential wrongdoing or a velation of NRC rMuirements from investigators. (EXEMPTION 7(AH

}w.y Disclosure would constitute an unwarranted invasen of personal privacy (EXEMPTION 7tCH The information consists of names of individuals and other mformaten the discloture of shich would reveal identities of confidental sources (EXEMPTION 7101)

PART fl.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 9.15 of the U.S Nuclear Regulatory Commessen regulatens. It has been determened that the informaten withheld a enempt from production or disclosure.

and that sts production or declosure is contrary to the public interest. The persons responsible for the denial are those offcials identified below as denying officials and the Director.

Divisen of Rules and Records, Office of Admirustraten for any denials that may be appealed toJhe Executnre Director for Operations itooi.

DENylNG OFFICIAL TITLEtOFFICE RECORDS DENIED APPELLATE OFFICIAL

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PART 18 D-APPEAL RIGHTS The denial by each denying officialidentified in Part ll.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in.

wnting and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Conkh, U.S. Nuclear Re that it is an " Appeal from an initial FOIA Decision.gulatory Commission, Washington, DC 20666, and should clearty state on the envelope and in the l nac Fonts ans iPost at U.S. NUCLEAR REGULATORY COMMISSION FOlA RESPONSE CONTINUATION I

6-775 Re:

FOIA-APPENDIX G

RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER DESCRIPTION 1.

5/1/86 Memorandum from S. J. Chilk to Chairman Palladino ind Commissioners Roberts. Asselstine, Bernthal and Zech,

Subject:

'" Staff Requirements Memorandum" 2.

8/16/85 Memorandum from Hoyle to Dircks,

Subject:

" Notice of Declassification" 1

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Re: F0IA-86-775 APPENDIX H

1 RECORDS TOTALLY WITHHELD DESCRIPTION & EXEMPTION 1.

Attachment to the 5/1/86 Staff Requirements Memorandum from S.J. Chilk to Chairman Palladino and Commissioners,

Subject:

SECY-86-101 -Design Basis Threat-Options for Consideration" Exemption 5 2.

1/22/86 Memorandum from Roberts to Palladino,

Subject:

" Staff Requirements for Design Basis Threat Meeting With Com. mission, January 28, 1986 Exemption 5 3.

Attachment to 8/16/85 Memorandum from Hoyle to Dircks,

Subject:

" Staff Requirements-Discussion on Threat Level and Physical Security, 2:30 P.M., Tuesday, July 23, 1985, Chairman's Conference Room, D.C. Office (Closed--Ex. 1)

Dated 8/2/85" Exemption 5 4.

1/6/85 Memorandum from Zerbe, OPE, to Commissioners

Subject:

" Design Basis Threat" Exemption 1 5.

12/19/85 Letter from Chairman Palladino to the Fxecutive Branch Exemption 1 6.

9/17/85 Memorandum from Chairman Palladino to Dircks, Sub.iect:

" Design Basis Threat" Exemption 1 7.

6/14/85 Memorandum from Zerbe, OPE to Commissioners,

Subject:

" Design Basis Threat" Exemption 1 8.

6/13/85 Vote Sheet of J. K. Asselstine Exemption 5

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COMMITTEE TO BRIDGE THE GAP 1637 BUTLER AVENUE =203 LOS ANGELES, CALIFORNIA 90025 (213)478 0829 October 28, 1986 Director Division of Rules and Records FREI. DOM OF INFORMATION Office of Administration ACT REQUEST U.S. Nuclear Regulatory Commission Washington, D.C.

20555 778 M U /0 -JO ~f6 This is a request under the Freedom of Information Act.

(This is the third of three concurrent security-related EDIA requests.)

We would like to obtain a copy of all documents generated since January 1,1985 which consider the design basis threat and discuss proposed changes to it.

(The response to this request need not include documents previously released or encompassed by our earlier requests dated October 26 and October 27.)

We request a waiver of search and copying costs, pursuant to 10 CFR 9.14a, on the following grounds:

(1) The potential for sabotage at nuclear power plants is, for obvious reasons, the subject of considerable public interest and concern.

The requested documents are of particular interest because the recent incident at Palo Verde and the possibility of truck bomb attacks on nuclear facilities suggest that an upgrade of security standards may be warranted.

(2) The requested documents will be used in our ongoing review of security-related matters, and will be analyzed and widely disseminated through our work, as similar documents have been in the past. Committee to Bridge the Gap members have testified on nuclear reactor security before the NRC's Advisory Committee on Reactor Safeguards, and have published papers on this subject in books and periodicals. We also routinely serve as a resource to the media and members of the public interested in security issues.

(3) No personal or organizational financial benefits will result from release of the requested materials, since they will be analyzed at CB3's expense and disseminated without charge.

(4) We believe that the increased scrutiny of nuclear reactor security problems, as made possible by release of the requested documents, will lead to an improvement in security at nuclear power plants. In particular, the requested documents will serve as a partial basis for a petition for rulemking which is now being prepared.

We therefore request a waiver on search and copying costs.

Thank you.

Sincerely,

/

Steven Aftergood Executive Director 2