ML20149E990

Partial Response to FOIA Request Re MOU Between NRC & Dept of Labor.Forwards App B Documents.Apps a & B Documents Available in Pdr.App C Documents Totally Withheld (Ref FOIA Exemption 5)

ML20149E990
Person / Time
Site:	Crane
Issue date:	01/11/1988
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Bauman L GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20149B504	List: IA-87-803, Summary of 870112 Meeting W/Dept of Labor Re NRC Measures to Prevent Unauthorized Disclosures of Info from Dept of Labor Repts.Related Info Encl ML20149E990 ML20149F018 ML20149F043 ML20149F073 ML20149F083 ML20149F093
References
FOIA-87-803 NUDOCS 8801140084
Download: ML20149E990 (5)

Text

U.S. NUCLEAR RE!ULATORY COMMISSION N;c soa n stNows s j[

'h nseoksi tin RESPONSE TO FREEDC OF l

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INFORMATION ACT (FOIA) REQUEST

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g y y gggg DoCr.it %Wa!Riss vf appkeael REQUtsign Ms. Linda Bauman PART l.-RICORDS RELEASED OR NOT LOCATED ISee checked bones)

No esency records sul,ect to the reauest have been located.

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

X Agency records subsect to the request that are ioentified in Appendia A

a,e,,eady a,ee to,,uu c ap.ction and copm in ine NRC Puu.c Docum.ni Room.

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

y Agency records subpect to the request thet are identifed in Appendia O

are becg made avadaNo for publ< escection and copyeg in the NRC Pubhc Documeet Room.1717 H Street. N.W., Wash.ngton, DC, in a folder under th.a FOIA number and req uester new The nonpropr4'ary versson of the proposal (s) that you agreed to accept m a telephone conversaten eth a member of my sta+f is now being rnade avalable for publ< reoecton and coymg at the NRC Pubhc Document Room,1717 H Street, N W Washington. DC, e a folder urcer this FOI A number and requester ne'ne.

EnrAosed is information on how you may obtam access to and the charges for copymg records placed e ine NRC Pi,td.c Documeet Room.1717 H Street N.W., Washogion.

Agency receeds subrect to the requesi are enclosed. Any apphcable charge for cop.es of the records perced and payrrent procedu'es are noted h the comments secton Records subrect to the request have been referred to another Federal agencytes) for reven and direct response to you.

In mew of NRC's response to this request no fu ther acte is being taken on appeal letter dated r

PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Ca tae informaton in the requested records is being uthheld from pubhc desciosure pursvarit to the FOiA enestens described in and for the reasons stated in Part H. sec-X uone 8. C, and D Any re> eased portons of the documents for wh.ch onty part of the record is being wereld are being made avadame for pube.c inspection and copyng in the NRC Pubhc Document Room,1717 H Stroes, N W., Washington. DC, in a fonder 6Mer this FOI A rwmcor and requester name.

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8801140084 880111 PDR FOIA BAUMAN37-803 PDR A

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,,,,,,m FCEEDOM OF INFORMATION ACT RESPONSE FOIA NUMBEQSt.87-803 OAvE jag 3 3 3m PART 115-APPLICABLE FOIA EXEMPTIONS

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Cocords subject to the request that are described in the enclosed Appendices b

are being witnhold in ther entirety or in part under FOIA E2emptions and for the reasons set forth below pursuant to 5 U.S.C. 562(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The wthheed information e propee clawfed pursuant to Enocutive Order 12356 IEXEMPTION 11

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3. The wthheed information routes solely to the internal personnel rules and procedures of NRC. IEXEMPTION 21

3. The wthhead eformation e specthcacy esempied from pubiec d4 closure by statute in&cated. (EXEMPTION 3)

Secten 141145 of the Atorme Erergy Act which prohuts the d:sclosu a of Restncted Data or Forme <ty Restncted Data 142 U.S C. 2161-2166L r

Secten 147 of tre Atom.c Energy Act wn.ch prohets the disclosure of Unciassefed Safeguards informaton (42 U S C. 2167L

4. The wthheid information e a trade secret or commccal or fmancel eformaton that a being wthheld for the reasorWs)ind.cated. IEXIMPTION 4)

The information a considered to be conidentel busaness (propretary) informaton.

The information is consadored to be propnetary inforrnston pursuant to 10 CFR 2 7DdH11.

The mformaton was submitted and received in confidence from a fore.gn source pursuant to *0 CFR 2.790ddH2L

5. The wthhe6d informaton consists of interagency or intrangenev records that are not evadable through decovery dunng litgaton. Decsoeure of predeceenal information wound tend to mhet the ocen and frank achange of ideas essentes to the deiecatise process Whee records are ethhead m tror entrety, the facts are inentncat*y X

intetwned uth the prede.e.onal informaton. Thee a4o are no rusonauw segregaue factual portons tocause the re4 ease of the facts would permt an indirect inquiry mto tne predecesonal procesa of the agency. (EXEMPTION 51

6. The withheid information e sienated from pubhc declosure trause its desciosure would result ir a clearty unwarranted invason of gersonal pervacy. (EXEMPTION 61

7. The wthheid information connets of investgatory records compaed for law enforcement purposes and a be.ng wthbe6d for the reascnsi ed cated. (EXEMPTION 7)

Disclosure would eterfors eth en enforcement proceedeg bocevne et could reveal the scope, dveeton. end focus of enforcement eMorts. and thus could posscty anow them to tase acten to shold potentel wrongdoing or a votaten of NRC requaements from investgators (EXEMPTION 7t A))

Doctosure would constrtute an unweeranted mvason of personal pnvecy IEXEMPTION 71C)l s

The informaton consets of names 3f mdmduals and oter informaton the d4 closure of which would revealider.tsties of confideMed sources IEXEMPTION 74DI)

PART 11 C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 915 of the U S. Nuclear Regulatory Commason regulatons. it has teen determined that the informaton ethhead a exempt from producten or esciosu o.

and that its productor or dsclosure e contrary to the public interest. The persor's responsbe for the Osnial are those orfacels identrfed benow as denymg oHeces and tre Director.

Dms on of Runes and Records. Offee of Adminstraton, for any donets that may be appealed to the Executwo Director f:r Operatone Itoot DENYnNG OFFICIAL TITLE / OFFICE RECOROS DENIED APPELLATE OFFICtAL Ben B. Hayes Director, Office of 5' c '"

• C C-3 X

Investigations John C. Hoyle Assistant Secretary of the Commission Assistant General Counsel James A. Fitzgerald y

for Adiudications and Opinions PART la D-APPEAL RIGHTS l

The denial by each denying officialidentified in Part ILC may be appealed to the Appenate O'ficial identified in that section. Any such appeal must be in j

wnting and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executra Director for Operations or to the Secreta y of the Cc nmission, U.S. Nue: ear Regulatory Commission, Washington, DC 20566, and should clearly state on the envelope and in the letter that it is an "Appeal from an initial FOtA Decmon Nac Foau as4 tPct 8 U.S. NUCLEAR REGULATORY COMMISSION (s ee)

FOlA RESPONSE CONTINUA, TION

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4 Re:

FOIA 87-803 APPENDIX A RECORDS MAINTAINED AMONG POR FILES NUM8 Eft DATE DESCRIPT!0h 1.

6/22/83 Memorandum for T. E, Murley and others from Jane A. Axelrad, subject: Working Arrangements for Implementing the Memorandum of Understanding with the Department of Labor.

(15pages)

PDR Acceiston No. 8307110705 f

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-3

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.f0 Re:

FOIA 87-803 APPEND _i_X, B RECORDS BEING PLACED IN THE POR Date Dascription 1.

2/25/82 Memoranduin for Dircks from DeYoung, subject:

Protection of Employees - Status of MOV with Department of Labor. (2 pages) 2.

N30/82 Memorandum for Donoghue from Lieberman, subject:

Memorandum of Understanding Between the Department of Labor and the Nuclear Regulatory Commission.

(1 page) 3.

12/3C/82 Federal Register Notice publishing the Memorandum of Understanding. (2 pages) 4.

3/31/83 Memorandmn for Otter from Sniezek, subject:

Wet king Arrangements to implement Memorandum of Understanding Between NRC and 00L.

(12pages) 5.

6/22/83 Memorandum for Murley and others from Axelrad, subject: Working Arrangements for Implementing the Memorandum of Understanding with the Department of Labor.

(15pages) 6.

7/31/84 Note to Lieberman from Ax91 rad concerning the handling of allegations.

(15pages) 7, 9/10/84 Announcement No. 85, subject: Clarification of Procedures for Addressing Allegations of Harrassment, Intimidation or Other Forms of Discrimination by Licensees and Arnlicants or Their Contractors or Subcontractors.

(1 page) 8.

6/6/85 Memorendum for All Field Office Directors and Investigative Personnel - Office of Investigations from Hayes, subject: Changes in Department of Labor Whistleblower Procedures.

'l page) 9.

2/10/87 Memorandum for File from Holler, subject: January 12, 1987 Meeting Between NRC and DOL.

(4 pages) 10.

undated Memorandum for Otter from Sniezek, subject: Working Arrangements to Implement Memorandum of Undcrveanding Between NRC and DOL.

(15pages)

Re: F01A-87-803 APPENDIX C RECORDS TOTALLY WITHHELD 1.

7/2/82 Note to Vicki Harding from Roger Fortuna, subject:

DOL-MOU.

(2 pages) Exemption 5.

2.

7/21/82 Memorandum for Chairman Palladino, Commissioner Gilinsky, Commissioner Roberts and Commissioner Asselstine from John Ahearne, subject: Department of Labor MOU.

(2 pages)

Exemption 5.

3.

3/21/84 Memorandum for Herzel H. E. Plaine from Ben B. Hayes, subject: Investigation of Employee Protection Hatters.

(2 pages) Exemption 5.

4.

11/9/84 Memorandum for Ben B. Hayes from James A. Fitzgerald, subject: Investigation of Employee Protection Matters.

(30 pages) Exemption 5.

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