ML20212K926

Final Response to FOIA Request for Documents Re SECY-85-404. Forwards App G Documents.Documents Also Available in Pdr. Portions of App H Documents Withheld (Ref FOIA Exemption 5). App I Documents Withheld (Ref FOIA Exemption 5)

ML20212K926
Person / Time
Issue date:	08/21/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-86-40, FOIA-86-A-30 NUDOCS 8608250124
Download: ML20212K926 (5)

Text

PD&o/6 f UNITED STATES g )o,h NUCLEAR REGULATORY COMMISSION

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AUG 21 1986 hs. billie th r.tr Carde. Director Environmentai k,histleblower Clinic Goverrmient Accour.tability Project IN RESPONSE REFER 1555 Connecticut Avenue, kW, Suite 202 TO F01A-86-40 Washington, DL 20036 AhD 66-A-30

Dear Ms. Garde:

This is the final response to your letter uated January 14, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of documents generated in connection with SECY-85-404, " Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees anc Special Government Employees," dated December 23, 1985.

The document identified on er. closed Appendix G is being placec in the NRC Public Cocument Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F0!A-86-40 in your name. The document identified on enclosco Appendix H is subject to your request and was partially released in cur April 17, 1986, response to a previous FOIA request, F01A-86-56. The released portions of the docur.cnt are located in the POR in file folter F01A-86-56 under the name Ryan.

The dcrerrent identified on enclosed Appendix I contains the prececisior.a1 analyses, epinions and recomendations of the Chairman's staff to the Chairman for his consideration of SECY-85-404. Because the information reflects the predecisional process betecen the Chairman and his staf f, the information is exempt from mancatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C.

552(b)(5), and the Comission's regulations at 10 CFR 9.b(a)(5). Release of the information would tend to inhibit the open and frank ext.hange of iceas essential to the deliberative process. The dcconent contains no reasonably segregable factual portions and is being withheld in its entirety.

Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined that the inforraation withheld is exempt from production or cisclosure and that its production or disclosure is contrary to the public interest. The person respor,tible for this denial is Mr. John C. Hoyle, Assistant Secretary of the Commission.

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,..O Ms. Garde This denial may be appealed to the Secretary of the Consnission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U. S. Nuclear Regulatory Consnission, Washington, DC 20555, and should clearly state on the envelope  !

and in the letter that it is an " Appeal from an Initial F01A Decision."

This completes NRC action on your request and appeal letter dated March 3,1986.

Sincerely, f:N_ f Y=Q Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosures:

As stated i

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F01A-86-40 I

Appendix G Document Being Placed in the PDR

1. 11/21/84 Memorandum from Connelly to Olmstead, subject: NRC Statement of Policy on Investigation,' Inspections and Adjudicatory Proceedings - Initiation of Rulemaking to i Establish Special Procedures for Resolving Conflicts Concerning the Disclosure or Nondisclosure of Information.

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'I Appendix H Documents Already in the POR (in Part)

1. 5/2/85 Memorandum from Chilk to Dircks, subject: Staff Requirements -

SECY-85 Relationship Between Investigations / Inspections and Adjudications (SECY-84-276/276A) - Proposed Amendment to 10 CFR Parts 0 and 2 Establishing Special Ex Parte In Camera Procedures for Resolving Conflicts Concerning the Disc 15sure or Non-Disclosure of Information.

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F01A-86-40 Appendix I Document Being Withheld

1. 1/24/86 Handwritten note from C..W. Reamer to N. J. Palladino re:

Vote and Vote Sheet on SECY-85-404 (2 pages)

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., ' O' Government Accountability Project 1555 Connecticut Avenue.N.W.. Suite 202 Washington.D.C. 20036 (202) 232-8550 llillie Garde Dircciar. Environmental %%tleblower Chnic January 14, 1986 FREEDOM OF- INFORMATION ACT REQUEST IMUOM OF IMORMA!!ON ACT REQUEST DJ. rector Fo.I A- pL,-yo Office of Administration Nuclear Regulatory Commission

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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, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer runoffs, any other data compilations, interim and/or final reports, status reports, and any and all other records -

relevant to and/or generated in. connection with SECY 85-404,

" Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees," December 23, 1985. Specifically, we seek all records that describe the circumstances which generated this study.

This request includes all agency records as defined in 10 C.P.R. $9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 198.0) whether they currently exist in the NRC official, " working", investigative or other files, or at any other location, including private 1 residences.

If any records as defined in 10 C.F.R. $9.3a(b) and the NRC Manual, supra, 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 removed, a description of the action (s) taken relevant to, generated in connect' ion with, and/or isnued in order to implement the action (s).

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GAP dequests that fees be waived, because " finding the information can be considered as'primarily benefitting the general public," 5 U.S.C.-5552(a)(4)(a). ' GAP is a non-profiti non-partisan public interest' organization concerned with honest and open goyernment. Through public outreach, the Project} '

promotes whistleblowers as agents of government accountability.

Through its Citizens Clinic, GAP. offers assistance to local public interest and citizens groupsi seeking to ensure the health and safety of their communities.

We,a're! requesting the above information as part of an 4 t ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.

t 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 groundsifor(1-

• claiming each exemption, explaining why each exemption is -

relevant to the document or portion of the document withheld.

This index'is required under Vaughn v. Rosen (I)', 484 F.2d 820 s) t (D.C. Cir.(1973), cert.' denied, 415 U.S. 977 (l'874 ) .

We look forward 1to your response to this request within ten days. ,, -

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Sincerel ,

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Billie Pirner Garde

. Director ,

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Environmental Whistleblower Clinic i

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• • • • • • November 21, 1984 MEMORANDUM FOR: William J. Olmstead Director and Chief Counsel Regulation Division Office of the Executive Legal Director FROM: Sharon R. Connelly, Director Office of Inspector and Auditor

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SUBJECT:

NRC STATEMENT OF POLICY ON INVESTIGATION, INSPECTIONS AND c' ADJUDICATORY PROCEEDINGS - INITIATION OF RULEMAKING TO ESTABLISH SPECIAL PROCEDURES FOR RESOLVING CONFLICTS CONCERNING THE DISCLOSURE OR NONDISCLOSURE OF INFORMATION Reference is made to your memorandum, subject as above, dated October 22, 1984 In general OIA has no objection to the proposed amendments to 10 CFR Part 2 as presented therein. However, the following coments are offered for consideration vs a means of both enhancing and clarifying the proposed amendments:

! 1. Section 2.795b and c - Both of these sections make reference to "the person responsible for releasing the information" without a further l- reference to who that person is. Secondly section 2.795c makes reference to possible delegation of authority to another person "on behalf of the person responsible for releasing infonnation," while section 2.795b does not. These matters should be clarified to avoid controversy later as to F whether procedurally the proper person acted, particularly under section

2.795b.

2. Section 2.795k(b) - This section establishes the right of any party to the pending adjudication to file an ,l_n camera reply to an NPC jn_ camera brief to the Comission. Presumably, this does not mean that such a party gets access to the NRC brief in preparation of their own. However, in order to avoid possible conflict in this regard, it nicht be better to make it clear that the party will have to file their brief "in the blind " so to speak, without benefit of the NRC brief.

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I CONTACT: Ronald M. Smith, OIA

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3. Section 2.975p (added) - As this office has responsibility for investigation of employee miscorduct and section 2.795o makes the general 4

prohibition against release of " protected information " it is suggested that a new section 2.795p be added as follows:

"$2.795p Disclosure of protected information by NRC employees or contractors.

Any NRC employee, special employee, or contract employee, who knowingly discloses protected infcrmation in violation of the prohibition contained in section 2.7950 of this part, is subject to disciplinary action pursuant to NRC Manual Chapter 4171, in the case cf tJC employees, and administrative action, up to and including termination, in the case of special or contract employees."

4 Subsections 2.740(b)(1) and 2.780(a) - The question is raised as to whether conforning amendments are appropriate for these two sections to make it clear that they 'are not in conflict with the proposed amendnents to 10 CFR Part 2. For example, the first sentence of subsection 2.740(b)(1) might be changed to read " Parties may obtain discovery recording any matter, not privileged or prohibited from disclosure by section 2.795a, et seq., which is relevant..." Similarly, subsection 2.780(a) might be changed to read "Except as provided in paragraph (e) of this section and section 2.795a, et. seq., of this part, neither (1) Commissioners..."

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In i 2.740, paragraph (b)(1) is revised to read as follows:

2.

i 2.740 General provisions governing discovery.

(b) Scope of discovery. * *

(1) In, general. Parties may obtain discovery regarding any matter, not privileged or not withheld from disclosure under the special procedures in il 2.795a through 2.795j, which is relevant to the subject matter involved in the proceeding, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. In a proceeding on an application for a construction permit or an operating license for a production nr utilization facility, discovery shall begin only after the pre-1 hearing conference provided for in i 2.751a and shall relate only to l

those matters in controversy which have been identified by the Commission or the presiding officer in the prehearing order entered at the conclu-sion of that prehearing conference. In such a proceeding, no dis-covery shall be had after the beginning of the prehearing conference held pursuant to i 2.752 except upon leave of the presiding officer upon good cause shown. It is not ground for objection that the information sought will be inadmissible at the hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. ,

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i 3. In i 2.780, paragraph (a) is revised to read as follows:

i 2.780 Ex parte communications.

(a) Except as provided under the special procedures in ,

il 2.795a through 2.795j or in paragraph (e) of this section, neither (1) Commissioners, members of their immediate staffs, or other NRC officials and employees who advise the Commissioners in the exercise of their quasi-judicial functions will request or entertain off the record except from each other or (2) any party to a proceeding for the issuance, denial, amendment, transfer, renewal, modification, suspension, or revocation of a ifcense or permit, or any officer, em-ployee, representative, or aay other person directly or indirectly acting in behalf thereof, shall submit off the record to Commissioners or such staff members, officials, and employees, any evidence, explanation, analysis, or advice, whether written or oral, regarding any substantive matter at issue in a proceeding on the record then pending before the l

NRC for the issuance, denial, amendment, transfer, renewal, modification, suspension, or revocation of a license or permit. For the purposes l

of this section, the term " proceeding on the record then pending before the NRC" shall include any application or matter which has been noticed for hearing or concerning which a hearing has been requested pursuant to this part.

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