IA-87-612, Final Response to FOIA Request for Documents.App a Documents Completely Withheld (Ref FOIA Exemptions 5,6 & 7)

Final Response to FOIA Request for Documents.App a Documents Completely Withheld (Ref FOIA Exemptions 5,6 & 7)

ML20236D786
Person / Time
Site:	Davis Besse
Issue date:	10/27/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Maxwell B COSMOS BROADCASTING CORP.
References
FOIA-87-612 NUDOCS 8710280363
Download: ML20236D786 (4)

Text

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• s RESPONSE TO FREEDOM F 4.,se,ee INFORMATION ACT (FOIA) REQUEST N 2 7 1S87 -

DOCAFT NUM8ERt$1 t# appecebel f.toVESTER YA ~7di PART 1.-RECORDS RELEASED Oft NOT LOCATED (See checked boxes)

No egerry records subpect to the request have been located.

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

Agency records msbject to the request that are identified in Appendiz era already available for public inspection and copying in the NRC Public Documens Room.

D17 H Street, N.W , Washington, DC.

Agency scords subsect to the request that are identified in Appendix are being made *vailable for pubire mapection and copying in the NRC Pm Document Roorn,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

The nonpropnetary version of the proposaNs) that you agreed to accept in a te6ephme conversation wrth a rnember of my staff is now being made avehble for putdc inspection and coymg et the NRC Public Document Room,1717 H Street. N.W., Washsngtori DC. n a folder under this FOfA number and requester name.

_. Enclosed is oformation on how you may obtain eccess to and the charges for copyr, records placed in the NRC Public Document Room.1717 H Street. N.W . WasNngtr, DC.

Agency records subpct to the reqvgst are enclosed. Any applicable charge foi coces of the records provided and payment procedures are noted in the comtmoets secticr.

Records subpoet to the request have been referred to another Federei egency6est tur revow and direct response to you.

In v6ew of NRC's response to this request, no further action la being taken on appesi letser dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from puble disclosues pursuant to the FOIA exemptions described in and for the reasons stated m Pad 11, asc-tiorts B, C. and D. Any rolesed portions of the documents for which only part of Pe record is bemg withheld are being made available fof public inspection md copyirg si ths NRC Put$c Document Room,1717 H Street, N W., Washington, DC, m a fo60er umser this FOIA number and requester name.

Comments

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8710280363 871027 I PDR FDIA I MAXWELLB7-612 PDR SIG . DetECTUR. RU o RECORDS T 'fLa' M l

NRC FOIM eM iPart ti

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FREEDOM OF INFORMATION ACT RESPONSE ' FOIA NUMBER (S): [ DIM - [ 7-((], DATE

, l' ALT 118- APPLICABLE FOIA EXEMPTIONS Records subject to the request that are described in the enclosed Appendices are been; withheld in'their entirety or in part under FOlA <

Fxmptions and for the reasons set forth be6ow pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.  !

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1. The withhold information is property classAss pursuant to Executive Order 12356 (EXEMPTION 11'

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

3. The withheld information is specifically esargned from public d sclosure by statute indicated: XEMPTION 3)

',- Section141146 of the Atomic Energy Act whch prohibits the disclosure of Restricted Data'or Formerly Reetnczd Data 142 U.b C. 216121661.

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Section 147 of tte Atomic Energy Act wouch prohibits the declosure of Unclassified Safeguards information 142 U.S.C. 2167).

4. The > withheld information is a trade secret or commercial or financial information that is being withheld for the teamun(s) indicated: (EXEMPTION 4) j The information is considered to be confoontal tausiness (proprietary) information.

j:Mt h<* The Oformation is considered to be propretary evformat#on pursuant to 10 CFR 2.790(dH11. i

[ The Information was submitted and racemd in confidence from a foreign source pursuant to 10 CFR 2.790(dH2:

6. The withheld information conosts of interagency or intraegency records that are not available through discovery dumg litigation. Declosure of predecisional information ,

would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are wrthheld in their entirety, the facts are inextricably l intertwined with the predecisional informenon. There also are no reasonably segregable factual portions because the Weese of the facts would permet en indirect inquiry into me predecisional proomms of the agency. IEXEMPTION 5) 6.' The withheld 'information is exempted from pubhc declosure because its disclosure would result in a clearly unwa-rted invasion of personal prfvacy. IEXEMPTION 6) 1

7. The withheld information consists of irmstgatory records compded for law enforcement purposes and is being wet re4d for the reason (s) indicated. (EXEMPTION 7)

Disclosure would interfere with an onbrcarnent proceeding because it could reveal the scope. direction. and focus of enforcement efforts. and thus could possibly allow them to take action to sNect potential wrongdoing or a violation of NRC requirements from inves1gators. (EXEMPTION 7(A))

gg Disclosure would constitute an unwonanted awasion of personal pnvecy (EXEMPTION 7(C))

The information conssets of names of edrwsuals and other information the disclosure of which would reveal ide-coes of conhdential sources. (EXEMPTION 7(DH PART H.C-DENYING OFFICIALS Fursuant to 10 CFR 9.9 and/or 9.15 of the U.S. perhm Regulatory Commesion regulations. It has been determined thet the inkrmation withheld is exempt from production or disclosure, cnd that its production or declosure is contrary so to putec interest. The persons responsible for the denial are those officais identified below as denying officials and the Director, DMeicn of Rules and Records, Office of Admeistramon, for any denals ths' may be appealed to the Executive Director tur Operations (EDO).

DENYING OFFIOAL TITLE / OFFICE RECORDS DENIED APPELA. ATE OFFICIAL N/ M SECRETARY EDo 0kk low 0 '

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PART If D- APPEAL RIGefTS Ttys denial by each denying officialidentifed in Part II.C may be appealed to the Appellate Official identrfed in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as approprate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuc$ ear Regulatory Commission, Washington, DC 20555, and shoud clearly state on the enve6 ope and in the letter ttet it is an " Appeal from an hitial FO(A Decision.

NZC FORM as4 (Pan 21 U.S. NUCLEAR REGULATORY COMMISSION in es> FOIA FIESPONSE CONTINUATION

, Re: F01A-87-612 APPENDIX A RECORDS TOTALLY WITHHELD

1. 4/23/87 Letter from Charles H. Weil to employee of Toledo Edison, w/o enclosure. (1 page) Exemption 5, 6 & 7A.

2. 4/23/87 Letter from Charles H. Weil to employee of Toledo Edison, w/o enclosure. (1 page) Exemption 5, 6 & 7A.

3. 4/23/87 Letter from Charles H. Weil to employee of Toledo Edison, w/o enclosure. (1 page) Exemption 5, 6 & 7A.

4. 4/23/87 Letter from Charles H. Weil to esployee of Toledo Edison, w/o enclosure. (1 page) Exemption 5, 6 & 7A.

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The enclosure letters to the above four items were released under the request, Maxwell, F01A-87-224,and located in the Public Document Room.

1717 H Street, Washington, DC. References items A/3 and B/4 on that request.

5. 7/16/87 Memo from Charles H. Weil to Charles E. Norelius.

l subject: Allegation re: Davis-Besse(50-346)(AMSNo.

RIII-87-A-001). (2 pages) w/ attachments:

(a) 1-9 Memo from Charles H. Weil to Charles Norelius, released in part, reference F01A-87-224, item B/2 & B/4.

(b) 7/9/87 Memo from Paul Byron to C. Weil concerning allegations. (9 pages) 3 versions of letter.

(c) Undated Personal Identifier Key. (1 page)

(d) 7/13/87 Allegation Management System, Allegation Number RIII-87-A-002.(1page)

(e) 2/19/87 Letter from P.M. Smart to NRC in response to RIII's letter of 1/24/87.(3pages) Ex. 5, 6 & 7A

6. Undated Draft memo from W.G. Guldemond to C.E. Nore11us, allegation at Davis-Besse. (5 pages). Exemption 5 & 7A.

7. 7/29/87 Memo subject:from Charles H. Weil to Davis-Besse-Allegation Charles E. More11us[1 page)

RIII-87-A-001.

w/ attached:

(a) 7/24/87 Memo from Paul Byron to Robert Defayette. (4 pages)

Ex. 5 & 7A.

8. 8/12/87 Memo from Charles E. Morelius to A. Bert Davis, subject:

Trip Report. (2 pages) Exemption 5 & 7A.

9. 8/13/87 Memo from Charles E. Morelius to A. Bert Davis, subject:

Program for Davis-Besse. (3 pages) Exempt 1 w s 5 & 7A.

10. 9/3/87 Memo from Charles H. Weil to Charles E. Norelius, subject: Allegation re: Davis-Besse, ARM No. RIII-87-A-001.

(1 page) w/ attached memo from Paul Byron to Allegation Review Board dated 9/1/87, 3 versions of letter, (6 pages). Undated Data Codes, (1 page) Exemption 5 & 7A.

Re: F01A-87-612 l 11. Investigative records withheld entirely. Exemption 7A.

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