ML20238A451

Final Response to FOIA Request for Documents Re Insp Repts 50-445/87-02 & 50-446/87-02.Forwards App B Documents. Documents Also Available in Pdr.App C Documents Withheld (Ref FOIA Exemption 5)

ML20238A451
Person / Time
Site:	Comanche Peak
Issue date:	09/03/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Bauman L GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20238A453	List: IR 05000445/1987002 ML20238A451
References
FOIA-87-446 NUDOCS 8709090303
Download: ML20238A451 (4)

See also: IR 05000445/1987002

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U.S. NUCLEAR REGULATORY COMMISSION

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RESPONSE TO FREEDOM OF

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INFORMATION ACT (FOIA! REQUEST \\

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PART 1.-RECORCS REdASED OR NOT LOCA110 ISee checked boxes)

No agency records subrect to the request have been located.

No additore agency records subtect to the request have been located.

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Agency records e$ect to the req Jest that are identified in Appendix

are already evenable for public inspection and copying in the NRC Ptblic Document Room,

1717 H Street, N W., Washington, DC.

Agency records sub ect to the request that are identrfied in Appendix

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are being rnaos available for public inspection and copying in the NRC Pubhc Document

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Koom,1717 H Street, N.W., Washington, DC, in a folder under the FOIA number and requester name.

The nonpropnetary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made evalable for public inspection

ind coying at the NRC Public Document Room,1717 H Street, N W., Weahington, DC, n a folder under this FOIA number and requester name.

Encioned is eiformstion on how you may obtain necess to and the charges for copying records placed in the NRC Pub!ic Document Room,1717 H Street, N.W., Washington, DC.

Agency records sabject to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments secten,

flecords sub, set te the request have been referred to another Federal agencybes) for review and direct response to you.

In www of NRC's response to this request, no further action is being 'aken on appeal letter dated

PART fl.A-INFORMATION WITHHELD FROM PUBUC DISCLOSURE

Certain infonneton in the reques*ed records is being withheirt from public disclosure pursuant to the FOtA esemptions describsd in and for the reasons stated in Part II, sec-

tions B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and copyng in

the NRC Pubisc Ducument Roc % 1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

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FREEDIM CF INFORMATION ACIRlSPdNSE

FOIA NUMBER ($1:

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PAMT ll B- APPLICABLE FOIA EXEMPTIONS

Ricor s subject to the request that are desenbec in the enclosed Appendices

are being emeld in their entirety or in part under FOIA

Exemptions and for the reasons set forth bedar purcuant to 5 U.S.C. 552(b) and to CFR 9.5(a) of NRC Re;patons.

1. The withheld information is property clasar ed pauant to E=ecutive Order 12356 (EXEMPTION 1)

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

3. The withheld information is specifically esempted from public disclosure by statute indicated. (EXEMPTION 31

Section 141145 of the Atome Energy Act whch prohibits the disclosure of Restricted Data +or Formerty Restnetse Data 142 U.S.C. 2161-2165).

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Secten 147 of the Atomic Energy Act whch prohitsta the draciosure of Unclassified Safeguards Information (42 i, S.C. 211,7).

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4. The withheld information is a trade secret or commercial or financial information that is being withheld for the reasmsi ndicated: (EXEMPTION 41

The information is considered to be confidervtal business (proprietary) information.

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The information is considered to be propretry information pursuant to 10 CFR 2./90(dit1).

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The information was submhted and recomed in confidence from a foreign source pursuant to 10 CFR 2.790tdl(2'

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6. The withheld information conosts of interagency or intraagency records that are not available through discovery dtrrg litgation. Osclosure of prede cisional informater

would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are surtffeld in their entirety, the frits are inextricably

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intertwined with the predecisend infortnoten. There also are no reasonably segregable factual portions because the - of the facts would permit an

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indirect inquiry into the predeceional process of the egency. IEXEMPTION 51

6. The withheld information is exempted from putdic disclosure because its disclosure would result in a dearly unwarrrted evasion of personal privacy. (EXEMPTION 61

7. The withheld information consists of irwestgatory records compiled for law enforcement purposes and is being wereed tor the reason (s) indicated. (EXEMPTION 71

Declosure would interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of ordorcement efforts, and thus could

poss6bly allow them to take action to theid potential wrongdoing or a violaten of NRC requirements from investigators IEXEMPTION 7(AH

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Disclosure would constitute en unwarranted invasion of personal privacy (EXEMPTION 7(CH

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The information consists of names of irdvouals and other information the disclosure of which would reveal iderNs of confide 1tel sources. (EXEMPTION 7(DI)

PART ll.C-DENYING OFFICIALS

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Punuar to 10 CFR 9.9 and/or 915 c.f the U S. Nuclear Regulatory Commission regulations, it has been deterrmned that the irdcrmatrin withheld is exempt from production or declosure,

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and that its production ur disclosure is coritrary to the public interest. The persons responsible for the denial are those offcass cer9tifed below as denying officiels and the Director,

Division of Rules and Records. Offee of Adminstration for any denials that may be appealed to the Executrve Director fcr Operatens(EDCl.

DENYING OFFICIAL

TITLE / OFFICE

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RECORDS DENIED

APPELLATE OFFICIAL

SECRETARY

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PART 11 D- APPEAL RIGHTS

The denial by each de1ying officialidentrfenJ in Part II.C may be appealed to tue Appellate Official identrfied in that section. Any such appeal must be in

writing and must be made within 30 days of receipt of this responce. Appeals must be addressed as appropns:e to the Executive Director for Operations or to

the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Wnshington, DC 20555, and should clearly state on the envelopn and in the letter

that it is an " Appeal from en initial FOLA Decision

senc tonsa see (Part 21

U.S. NUCLEAR REGULATORY COMMISSION

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FOIA RESPONSE CONTINUATION

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Re:

FOI A- 87-446

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APPENDIX

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RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER

NUMBER:

DATE

DESCRIPTION

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1.

04/06/87

Routing Slips from L. Spessard to G. Mizuno and C. Trammell (1 page)

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04/07/87

Routing Slip from L. Spessard to G. Mizuno (1 page)

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3.

03/30/87

Memorandum for Spessard from Johnson subject: Review

of Comanche Peak Response Team Inspection Report

50-445/87-02, 50-446/87-02 w/ draft version of

Inspection Report (75pages)

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Re:

FOIA-87-446

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APPENDIX

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RECORDS TOTALLY WITHHELD

NUMBER .

DATE

DESCRIPTION & EXEMPTION

1.

Undated

OGC Draft Comments regarding Draft Inspection Report

Ex. 5

(72pages)

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'3Ok'EF.!.' MENT ACCOUNTABILITY PROJECT

! % Iccr.e mcur Avenue, NV. : % 202

we,0 ngen D.C. 20006

(202) 232m

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M13WUST OFFICE

104 E. WISCONSIN AVENUE

APPLETON, WISCONSIN

54911-4897

July 9,

1987

FREEDOM 0F INFORMNDNI

F_REEDOM OF INFORMATION ACT REQUEST

ACT REQUBT -

F O r A - 8 ')- W b

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U.S.

Nuclear Regulatory Commission

Washington,

D.C.

20210

TO WHOM IT MAY CONCERN

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Pursuant to the Freedom of Information Act (FOIA, 5 U.S.C.

552,) the

Government Accountability */ Project (GAP) requests copies of any and all

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egency records and information, including but not limited to notes,

lottars, memoranda, draftu, minutes, diaries, logs, calenders, tapes,

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transcripts, summaries, ir.terview reports, procedures, instructions,

engineering analyses, drawings, files, graphs, charts, maps, photographs,

cgreements, handwritten nodes, studies, data sheets, notebooks, books,

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telephone messages, computations, voice recordings, computer runoffs, and

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any other data compilation.s, interim and/ or final reports, status reports,

and any and all other records relevant to and or generated in connection with

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tha inspection conducted by Mr. Barnes and other members of the Region IV/

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Comenche Peak grogp during January 1-February 28, 1987 and of the activites

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cuthorized by NRC construction permits for CPSES Units 1&2 as well as all

d:cuments that cover discussions of findings at the conclusion of the inspection

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with the utility.

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This request includes all agency records as defined in 10 C.F.R. 9.3a(b)

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and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October

8, 1980) whether they currently exist in the NRC offical, " working"

investigative or other files, or at any other location, including private

rosidences.

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If any records as defined in 10 C.F.R. 9.3a(b)'and the NRC Manual, supra,

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and 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

rcmoved, a description of the action (s) taken relevant to, generated in conn-

oction with and/or issued in order to implement the action (s).

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CM inquests that f e n r, be waiv,vd, because "fintling the i n f o r ma t i r> n can

i*' c:nsidered as primarily benefitting t.he genera] public,

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U.S.C

M2 !a) (4) (a).

GAP is a,non-profit, non-partisan public i nf orest

cergen i.za tion conce rned with, hones t and open government .

Through public

outreach, the Project promotes.whistleblowers as agents of government

accountability.

Through.it Environmental Whistleblower Clinic, GAP offers

assistance to. local public, Interest and citizens groups and interveners

in the concern for safety:at nuclear powe'r plants

We are requesting tills .inic>rmation as part,of an . ongoing monitoring project

of the NRC's efforts to protect,,public health.and, safety at and near

nuclear processing plants and radioactive waste facilities.

For any documents or portions that you deny due to e specific FOIA

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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 : ndex,isj reciuired under Vaughn v. Rosen (I), 484 F.2d 820

(D.C. Cir. 1973), cert. clenied , 415 U.S; 977 (1974).

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

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days.

Sincerely;

O

W A Ck W fA 2/7

i;inda Bauman

FOIA Coordinator

Midwest office

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Response to this request should be mafied to the Midwest Office:

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104 E. Wisconsin Avenue -B

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Appleot ri, Wisconsin

54911-4897

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