ML20236N881

Partial Response to FOIA Request for Documents Re Investigation.Forwards Nonexempt Portions of App B Documents Also in Pdr.Portions of App B Document Withheld & App C Documents Completely Withheld (Ref FOIA Exemptions 6 & 7)

ML20236N881
Person / Time
Site:	Comanche Peak
Issue date:	08/07/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Bauman L GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20236N884	List: ML20236N881 ML20236N940 ML20236N961
References
FOIA-87-92 NUDOCS 8708120141
Download: ML20236N881 (5)

Text

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INFORMATION ACT (FOIA) REQUEST AUG - 7 g (esos e DOCKET NUMeERIS) i# aspecsedel

, NR k PART 4.-RECOftDS RELEASED OR NOT LOCATED (See checked bones)

No agency records sutinct to the request have been located.

No additional agency records subpect to the request have been located.

Agency records subsect to the request that are identifed in Appendix are already eveitable for pubic inspection and copy 6ng in the NRC Public Document Roorn, 1717 H Street, N.W., Washingson, DC.

Agency recoeds subject to the request that are identified in Appendix b are being made availab6e for public inspectson and copying in the NRC Pubic Docurnent Room,1717 H Street, N.W., Washington, DC, in a folder under the FOIA number and requester nerne.

The nonproprwtary verseon of the proposaHol that you agreed to accept in e telephone conversation wrth a enorr.ber of rny staff is now being rnade avalable for public inspecten and coying at the NRC Public Document Room,1717 H Street, N W., Washington, DC, in a folder under the FOIA number and requester name.

Encioned is information on how you may obtain access to and the charges for copying records placed in the NRC Pubic Document Room,1717 H Street, N.W., Washington, DC.

Agency records subsect to the request are enclosed. Any applicab6e charge for copies of the records provided and payment procedures are noted in the comments sectson.

Cocords subsect to the request have been referred to another Federal agencytes) for review and direct response to you.

In view of NRC's response to stus request, no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records is being withheld from public disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part li, sec-tions B, C, and D. Any raw portions of the documents for which only part of the record is beirg withheld are being made evallable for public inspection and copying in K the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA nurnber and requester name.

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FIEEDOM CF INFORMATION ACT CESPINSE FOIA NUMBERisi:

PA%T lt.D- APPLICABLE FCIA EXEMPTIONS hh-h oATE:

E Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 551(b) and 10 CFR 9.5(a) of NRC Regulations.

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L The withheld information is property classif ed pursuant to Executive Order 12356 IFXEMPTION 1)

2. The withheld information reistes solely to the isttomal personnel rules and procedures of NRC. (EXEMPTION 2) l I

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3. The withheld informenon is specifically enempted from pubic deciosure by statute indcated: fEXEMPTION 31

- 6ection 141145 of the Atorruc Energy Act whch prohibits the disclosure of Restrcted Data or Formerly Restreted Data 442 U.S C. 2161-2165L Section 147 of the Atomic Energy Act which prohibrts the declosure of Unclassified Safeguards information (42 U.S,C. 2167L

4. The withheld information is a trede secret or commercial or financial information that is being withheld for the reasonist andicated: (EXEMPTION 4)

The informaton in considered to be confidential business (propretary) information.

The information is considered to be propnetary information pursuant to 10 CFR 2.790(d)(1).

The informst.on was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(d)(2).

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5. The withheld information consats of inteagency or intraagency records that are not available through discovery during litigation. Declosure of predeemional information would tend to inhibit the open and frank enchange of idess essential to the deliberative process. Where records are withho6d in their entirety, the facts are inestncabh intertwined with the predecemnelinformation. There also are no reasonably segregab6e factual portions because the release of the facts would permit en inderect inquiry into the prodocumnal process of the egency. (EXEMPTION 5)

K 6. The withheld informanon is exempted from public declosure because its declosure would result in a clearly unwarranted invason of personal privacy. IEXEMPTION 6)

X 7. The withheld information conosts of investigatory records compiled for law enforcement purposes and is being withhe6d for the reason (s) indicated. (EXEMPTION 7)

Disclosure would interfere with en enforcement proceeding because it could reveal the ocope. directen, and focus of enforcement efforts. and thus could poss#Diy allow them to take action to shecid potental wrongdoing or 8 violation of NRC requirements from investigators. (EXEMPTION 7(A))

K Declosure would constnute an unwseranted invason of personal privacy (EXEMPTION 7(C))

The information consets of names of individuals and other informaton the disclosure of which would reveal identities of confidential sources. (EXEMPTION 7(D))

PART ff.C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and/or 9.15 of the U.S. Nucieer Regulatory Commasion regulatens, it has been determined that the information withhold is exempt from production or dectosure, and th:1 its production or declosure is contrary to the public interest. The persons responsib6e for the denial are those offriels identif ad be60w as denying officiels and the Director, Division of Rules and Records, Offee of Administrated, for any deruals that may be appea6ed to the Executive Director for Operationsirpos.

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL N *

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. J PART 11 D- APPEAL RIGHTS The denial by each denying official identified in Part II.C rney be appealed to the Appellate Official identified in that section. Any such appeal must be in writin0 and must te made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to th2 Secretary of the Commiseen, U.S. Nuciser Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from en Initial FOIA Decmion "

W FON *** iP E U.S. NUCLEAR REGULATORY COMMISSION M*' FOIA RESPONSE CONTINUATION

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L Re: F01A-87-92 APPENDIX B RECORDS PARTIALLY WITHHELU e

NUMBER DATE DESCRIPTION & EXEMPTION

1. 10/09/84 Case Chronology (3 pages) Portions, 6, 7C

2. Undated Investigative Status (3pages) Portions, Sheets 7D

3. 5/22/85 Investigative Plan (1 page) Portions , 70 l

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4. Undated Allegation Data Form (1 page) Portions, 70

5. 9/03/86 Memo from Hayes to Martin (1page) Portions, 70

6. Undated Handwritten Investigator's (1page) Portions, 7 D Note

7. 2/25/86 Handwritten Investigator's (3pages) Portions, 6 Notes 7C

8. 3/04/85 Handwritten Investigator's (2pages) Portions, 6,i Notes 7C

9. 2/19/65 Handwritten Investigator's (2pages) Portions, 6, Notes 7C

10. 3/10/ Memorandum of Call (1page) Portions, 6, 7C

11. 8/08/86 P.eport of: Investigation (16 pages) Portions, 6, 4-Ot+047 <

7C, & 70

12. 3/04/86 Sworn Statement - JAMAR (3 pages) Portions, 6 7C & 7D

13. 2/20/86 Report of Interview - (1 page) Portions, 70 CHEATHAM

14. 2/20/86 Report of Interview - (1 page) Portions, 7D EDDIE

15. . 2/25/86 Sworn Statement - (4 pages) Portions, 6 YOUNG 7C & 7D

16. 2/20/86 Report of Interviewi (2pages) Portions, 7D LONDOM 9

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i Re: FOI A- 87-92 APPENDIX c RECORDS TOTALLY WITHHELD NUMBER DATE '

DESCRIPTION & EXEMPTION i

1. 9/27/84 Handwritten Investigator's (1page) Exemption 7(D)

Note  !

2. 12/12/85 Memo from Griffin to Hayes (2pages) Exemption 7(D)

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3. Undated Subpoena (1page) Exemption 7(D)

4. 9/09/84 Handwritten Investigator's (1 page) Exemption 7(D)

Notes

5. 1/15/86 Handwritten Investigator's (1page) Exemption 7(D)

Notes j

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Re: F01A-87-92 _

APPENDIX B RECORDS PARTIALLY WITHHELD NUMBEP DATE DESCRIPTION & EXEMPTION 1, 10/09/84 Case Chronology (3 pages) Portions, 6, 7C l 2. Undated Investigative Status (3 pages) Portions, Sheets 7D

3. 5/22/85 Investigative Plan (1 page) Portions, 70

4. Undated Allegation Data Form (1 page) Portions, 70

5. 9/03/86 Memo from Hayes to Martin (1page) Portions, 70

6. Undated Handwritten Investigator's (1page) Portions, 7 0 Note

7. 2/25/86 Handwritten Investigator's (3pages) Portions, 6 Notes 7C

8. 3/04/86 Handwritten Investigator's (2pages) Portions, 6, Notes 7C

9. 2/19/85 Handwritten Investigator's (2pages) Portions, 6 Notes 7C

10. 3/10/ Memorandum of Call (1 page) Portions, 6, 7C

11. 8/08/86 Report of Investigation (16 pages) Portions, 6, 4-84-047 70, & 7D

12. 3/04/86 Sworn Statement - JAMAR (3 pages) Portions, 6 70 & 7D 13, 2/20/86 Report of Interview - (1page) Portions, 70 CHEATHAM 14, 2/20/6o Report of Interview - (1 page) Portions, 7D EDDIE

15. 2/25/86 Sworn Statement - (4 pages) Portions, 6 YOUNG 7C & 7D

16. 2/20/86 Report of Interview '. (2 pages) Portions, 7D LONDON

GOVERNMENT ACCOUNTADluTY PROJECT 1555 Connecticut Avenue. NW.. Suite 202 Washingron. D.C. 20036 (202)232-8550 GOVERNMENT ACCOUNTABILITY PROJECT MIDWEST OFFICE 3424'MARCOS LANE APPLETON, WISCONSIN 54911 January 29, 1987 FREEDOM OF ,INFORMATION ACT REQUEST FREEDOM OF lHFORtup%  !

ACT REQUEST Director Office of Administration Nuclear Regulatory Commission h g .pg,kk U.S.

Washington D.C. 20210 a t / g g jg .,,,j g/

TO WHOM IT MAY CONCERN:

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, the Government Accountability Project (GAP) requests copies of any and all agency records and information, including but not limited to notes, lotters, memoranda, drafts, minutes, diaries, logs, calanders, tapes, transcripts, summaries, interview: reports, procedures, instructions, engineering analyses, drawings, files, graphs; charts, maps, photographs, agreements, handwritten notss, studies, data sheets, notebooks, books, tolephone messages, computa tion s , voice recordings, computer runoffs, cny other data compilations, interim and/or final reports, status reports, end any and all other records relevant to and/or generated in connection with The Office of Investigation's completee review of Case Number 4-84-047 regarding alleged falsification of test results, at Comanche Paak.

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 Manual, cupra, and covered by this request, please provide all surrounding records, including but not limited to a list of all records which have been or are dastroyed and/or removed, a description of the action (s) taken relevant to, gsnerated in connection with, and/or~ issued in order to implement the action (

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GAP requests that fees be waived, because " finding the information can be considered as primarily benefiting the general public," 5 U.S.C. 522 (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. Through it Environmental Whistleblower Clinic, GAP of fers assistance to local public interest and citizens groups and interveners in the concern for safety at nuclear power plants.

We are requesting this information 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 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 exemtion is relevant to the document or portion of the document withheld. This index is required under Vaughn v.

Rosen (I), 484 F2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S.~977 (1974).

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

Sincerely, Y@ $lf7kysy Linda Bauman FOIA Coordinator Midwest Office Responses to this request should be mailed to  :

Government Accountability Project Midwest Office 3424 Marcos Lane Appleton, Wisconsin 54911

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