ML20214C609

Responds to 861020 Appeal of 861003 Denial for Portions of One Document in Request.Appeal Denied Per FOIA Exemption 6. Legitimate Public Interest Cannot Be Identified in Disclosure of Individual Social Security Numbers

ML20214C609
Person / Time
Site:	Comanche Peak
Issue date:	11/17/1986
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-86-132, FOIA-86-A-202 NUDOCS 8611210168
Download: ML20214C609 (1)

Text

. . bO D UNITED STATES 8 i NUCLEAR REGULATORY COMMISSION O  : E WASHINGTON, D. C. 20555 4

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NOV 171986 Billie Pirner Garde, Esquire Government Accountability Project Midwest Office IN RESPONSE REFER 3424 Marcos Lane TO F01A-86-A-202 Appleton, WI 54911 (F01A-86-132)

Dear Ms. Garde:

This is in response to your letter dated October 20, 1986, which appealed Mr. Donnie H. Grimsley's letter dated October 3, 1986, which denied portions of one document subject to your Freedom of Information Act (F0IA) request for documents concerning the Comanche Peak plant.

Acting on your appeal, I have carefully reviewed the record in this case and have determined that the previously withheld information will continue to be withheld from public disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C. 552(b)(6)) and 10 CFR 9.5(a)(6) of the Commission regulations. Your appeal is, therefore, denied.

The withhheld information consists of the social security account numbers for two individuals. I am unable to identify any legitimate public interest in the disclosure of these numbers which outweighs the privacy interest of the individuals.

This is a final agency action. As set forth in the F0IA (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, have your principal place of business or in the District of Columbia.

Sincerely, ctor Stello,~ r.

).ecutive Director for Operations J

8611210168 861117 PDR FOIA GARDE 86-A-202 PDR

GOVE' RNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Avenue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 March 3, 1986 FREEDOM OF INFORMATION ACT REQUEST O ce of Administration FREEDOW OF INFORMATION Nuclear Regulatory Commission ACT REQUEST Washington, D.C. 20555 [d7/ -/8 -M L To Whom It May Concern: 8'7 Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.

552, the Government Accountability Project (GAP) requests ccpies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapos, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, tele-phone messages, computations, voice recordings, computer runoffs, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with an inspection conducted during the period August 26-29, 1985, regarding "UEC's policies, procedures and implementation of the Comanche Peak site Ombudsman and SAFETEAM programs. This information should include Inspection Report 85-12 and 85-08 and any and all records generated in connection with a November 5, 1985 discussion of the inspectio'n findings.

This request includes all agency records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NRC official, " 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 l Manual, supra, ar.d covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s),

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GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 U.S.C. 552 (a) (4) (a) . GAP is a non-profit, non-partisan public interest organization concerned with honest and open government. Through public outreach, the Project promotes whistleblowers as agents of government accountability.

l Through its Environmental Whistleblower Clinic, GAP offers assis-tance to local public interest and citizens groups seeking to ensure the health and safety of their communities. The Environ-mental Whistleblower Clinic is currently assisting several citizens groups, local governments and intervenors in Texas concerning the construction of the Comanche Peak nuclear power plant.

We are requesting the above information as part of an ongoing monitoring project on the adequacy of Region IV and the NRC's efforts to protect public safety and health at nuclear power plants.

For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.

This index is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C. Cir. 1973) , cert. denied, 415 U.S. 977 (1974).

We look forward to your response to this request within ten working days, sincerely, Billie Pirner Garde I Director, Environmental Whistleblower Clinic l

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- 'qn terf'o g UNITED STATES

! o NUCLEAR REGULATORY COMMISSION B i WASHINGTON, D. C. 20555

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Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project IN RESPONSE REFER 1555 Connecticut Avenue, NW, Suite 202 TO F01A-86-132 AND Washington, DC 20036 86-A-40

Dear Ms. Garde:

This is in further response to your letter dated March 3,1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), all records related to an inspection at the Comanche Peak plant conducted August 26-29, 1935, and a November 5,1985, discussion of the inspection findings.

The document listed on the enclosed Appendix 0 has been determined to be subject to your request. Portions of the document have been withheld from public disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C. 552(b)(6))

and 10 CFR 9.5(a)(6) of the Commission's regulations. The withheld portions consist of social security numbers the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. The nonexempt portion of the document is being placed in the NRC Public Document Room (PDR), 1717 H Street, NW, Washington, DC 20555, in folder F01A-86-132 under your name.

Additional documents subject to your request were processed previously under one of your earlier F0IA requests, F0!A-86-191, and are available at the PDR in that file.

Pursuant to 10 CFR 9.9 of the Connission's regulations, it has been determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. Harold R. Denton, Director, Office of Nuclear Reactor Regulation.

This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U. S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an

" Appeal from an Initial FOIA Decision."

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Ms. Garde In light of this respor.se to this request, we are taking no further action on your letter dated March 24, 1986, appealing our lack of response to your request.

Sincerely, th = = $s Donnie H. Grimsley, Director

' Division of Rules and Records Office of Administration

Enclosure:

As stated i

f. .

l Re: F01A-86-132 APPENDIX D DATE DOCUMENT DESCRIPTION

1. 01/08/85 Letter from T. Nelson to R. Werner regarding the Introduction of National Inspection & Consultants and Transmittal of SAFETEAM Investigator Resumes (49 pages)

.