ML20215C279

Final Response to Appeal of Denial of FOIA Request for Documents Re Insp Repts 50-445/85-16 & 50-446/85-13.Encl Portions of App Documents 12 & 14 Also in Pdr.Documents 1-11 & 13 Completely Withheld (Ref FOIA Exemption 5)

ML20215C279
Person / Time
Site:	Comanche Peak
Issue date:	12/10/1986
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20215C281	List: IR 05000445/1985016 ML20215C279
References
FOIA-86-380, FOIA-86-A-177 NUDOCS 8612150087
Download: ML20215C279 (3)

See also: IR 05000445/1985016

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UNITE ~) STATES

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NUCLEAR REGULATORY COMMISSION

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DEC10 386

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Billie Pirner Garde, Esquire

Government Accountability Project

Midwest Office

IN RESPONSE REFER

3424 Marcos Lane

TO FOIA-86-A-177

Appleton, WI 54911

(F01A-86-380)

Dear Ms. Garde:

This is in response to your letter dated September 11, 1986, which appealed

Mr. Donnie H. Grimsley's letter dated August 21, 1986, which denied fourteen

documents subject to your Freedom of Information Act (F0IA) request for

documents regarding Inspection Report 85-16/85-13 regarding the Comanche Peak

nuclear power plant.

Acting on your appeal, I have carefully reviewed the record in this case and

have determined that some additional information can now be made publicly

available. Therefore, your appeal is partially granted and partially denied.

Portions of documents twelve and fourteen listed on the enclosed appendix can

now be made publicly available and are enclosed. Documents one through eleven,

thirteen, and the remaining portions of documents twelve and fourteen listed

on the enclosed appendix will continue to be withheld from public disclosure

pursuant to Exemption (5) of the FOIA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5)

of the Commission's regulations.

Documents one, two, three, and fourteen are inter'nal documents containing advice

and opinions which were predecisional to the issuing of the inspection report.

Exemption (5) shields from mandatory disclosure documents generated in the

deliberative process that precedes most decisions of government agencies.

Documents four through eleven, twelve, and thirteen, are draft documents which

are clearly predecisional because they were prepared prior to a..a in the course

of reaching a final agency decision. These documents describe preliminary staff

thinking and, therefore, contain preliminary aivice, opinions, and recommendations

of the staff in the deliberative process of determining proper actions regarding

the Comanche Peak plant.

Exemption (5) was intended to permit the agency's

withholding of such documents to preserve the free and candid internal dialogue

necessary for the careful formulation of agency decisions.

8612150087 861210

PDR

FOIA

GARDE 86-A-177

PDR 6

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~Ms. Garde

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This is a final.. agency decision.:'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,

'

.g.

-

tor Stello,

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Executive Dire or for 0perations

Enclosures: As stated

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86-A-177

Appendix

1.

11/25/85

Memo to T. Westerman.from H. Phillips're:

BISCO Fire

' Seals Certification and QA Records which Burned (3 pages)

2..

~3/6/86

Memo to E. Johnson from H.-Phillips re: BISCO Fire

Penetration Seals Test Reports PCA-76 and 748-183 (3 pages)

-3.-

4/4/86-

Memo to T. Westerman from H. Phillips re: NRC Inspection

Report 85-16/13 and Retention of Draft Reports (2 pages)

4

Undated-

Draft Inspection Report 50-445/85-16 and 50-446/85-13,

' document 1.a and 1.b (31 pages)

5. -

Undated

-(5 pages)pection Report, document 2.a Revisions to 1.a

Draft Ins

6.

Undated

Draft Inspection Report, document 2.b, Revisions to 1.a

(19 pages)

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7.

Undated

Draft Inspection Report, document 2.a. Revision 1 (3 pages)

8.

Undated

Draft Inspection Report, document 3 Incorporates changes

to 2.a and 2.b documents (Lost typed version of 2)

(21pages)

9.

Undated

Draft Inspection Report, document 4 (25 pages)

10. Undated

Draft Inspection Report, document 5.a, Draft No. 2, Rev.1

(19pages)

11. 2/11/86

Draft Inspection Report document 5.b, Final Draft Transmit

to OPS (19 pages)

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12.

2/13/86

Inspection Report Route Sheet (1 page) with two draft

letters to licensee two draft notices of violation, and

twodraftinspectionreports(57pages)

(Released:

Inspection Report Route Sheet)

13.

Undated

Outline of NRC Report 85-16; 85-13, November 1979 Exit

with TUGCo (6 pages)

14

10/25 -

Report input by McCleskey NRC Consultant (20 pages)

12/11/85

(Released:

First page on report 7, dated 11/26/85)

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