ML20235C773

Partial Response to FOIA Request for Documents.App a Documents Available in Pdr.App B Documents Partially Withheld (Ref FOIA Exemption 5).App C Documents Completely Withheld (Ref FOIA Exemptions 2 & 5)

ML20235C773
Person / Time
Site:	South Texas
Issue date:	09/22/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Rubinton D GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20235C774	List: ML20235C773 ML20235C842
References
FOIA-87-464 NUDOCS 8709250011
Download: ML20235C773 (6)

Text

U.S. NUCLEAR REGULATORY COMMISSJON N:sc Foia (sout 't NUMBEm$)

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PART I.-RECORDS RELEASED OR NbT LOCATED (See checked bones)

No agency records subject to the request haw been located.

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

Agency records sutsect to the roguest that are identfred in Appendu are already evalable for public inspection and copying in the NRC Public Document Room, 1717 H Street, N.W., Weehington, DC.

Agency records subsect to the request that are identifed in Appends X are being rnede p.eamble for pubhc mopecten and copying in the NRC Public Document Room,1717 H Street. H W., Washngton, DC, in a folder under the FOIA number and requester name.

The nonproprietary verson of the proposaHal that you agreed to accept in a telephone conversaten with a menter of my staff is now being made avalable for public inspection and coying at the NRC Pubhc Document Room,1717 H Street, N W., Washington, DC, in a folder under tus FOIA number and requester name.

Enclosed is information on how you mey obtain access to and the charges for copymg records placed m the ARC Pubhc Document Room,1717 H Street, N.W., Washington, DC, Agency records sub,ect to the ressest are encioned. Any apphcable charge for copes of the records previoed and pay ent procedures are noted in the comrnents secten.

Rxords subpset to the request two been referred to another Federal agency 6esi for review med direct resparer to you.

In v6ew of NRC's response to the re@seet, no further action is being taken on appeal lener dated PA' T ll.A-INFORMATION WITHHELD FROM PUBLIC D4SCLOSURE Certain informaton in the requested records is beirg withheld from public declosure pursuant to the FOIA agens described in and for the reasons stated in Part II, sec-tore B. C, and D. Any released portons of the documents for which only part of the record a being withhsed are being mode available for public inspecten and copying in tha NRC Public Document Room.1717 H Street, N W., Washiington, DC, in a folder smder the FOIA number and requester nome.

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[ PAQT il B- APPLICABLE FOtA EXEMPTIONS ~ ~W Records subrect to the request that are described in the enclosed Appendices are being withheld in their entsrety or en part under FOIA

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

1. The wthheld information is properly classified pursuant to Executsve Order 12356 (EXEMPTION 1)

3. The withheld information reistes solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The withheld information is specifically exempted from public decionwe by statute indicataa: 4 EXEMPTION 3)

Section 141145 of the Atomic Energy Act which prohibits the deer ="re of Restncted Data'or Formerly Restncted Data (42 U.S.C. 216121EH.

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Section 147 of the Atome Energy Act whch prohibits the deciosure of Unctaessfied Safeguards inforrnston (42 U.S.C. 2167).

4. The withheld information is a trade secret or commercel or fmancel esformaton that is being withheld for the reason (s) indicated: (EXEMPTIOs s al The informaton is considered to be confidential business (proprurtaryl infomiatson.

The information is considered to be propnetary informaton pursuaru to 10 CFR 2.790(dH1).

g The information was subnutted and received in confidence from a foreign source pursuant to 10 CFR 2.790(dH21.

5. The withheid information consists of interagency or intraegency records that are not available through discovery dunng litigaton. Disclosure of sredecisenal information would tend to inhibit the open and frank enchange of ideas essentaal so the deliberative process. Where records are wrthhe6d in their entirety, the facts are inextricably intertwined with the predecmonal informeten. There also are no resernably segregabie factual portone becausa the retenee of the facts would permit an indwoct enquiry into the p edoceional process of the egency. (EXEMPT 80N 51 l 6. The withhold information is exempted from public disclosure because as disclosure would result in a clearty unwarranted invasion of personal prwacy. (EXEMPTION 61 l

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7. TN withheld informaton conents of investigatory records compied for law enforcement purposes and is being withheid for the reason (s) ndicausd. (EXEMPTION 7) l .

Declosure would interfere wtth an enforcement proceeding because et could reveal the scope directen, and focus of enforcement efforts, arts thus could possatwy allow them to take action to sheid potential wrongdoms or a violaten of NRC rsautrements from mvestigators. (EXEMPTION 7tAH Disclosure would constitute an unwarranted invasion of personal prwacy (EXEMPTION 7(C))

The information consets of names of mdividuals and other mformaton the discloscre of which would revealidentrhes of cor'fidental sources- (EXEMPTION 7(01)

PART Il C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and/or 9.15 of the U.S. Nuclear Regulatory Communen regulatons. It has been determined that the informaton withheld is energt from production or deciosure.

and that its production or declosure is contrary to the public interest The persons responsible for the denial are those offcials adentifed below as denying offemis and the Dweetor, Deweion of Rules and Records. Offee of Admenstraten, for any denels thet may be appealed to the Executive Director for Operations (Ecol.

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL

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' d C[7 hk X JLQownL shd V PART 18 D- APPEAL RIGHTS The denial by each denying official identified in Part II.C rnay be appealed to the Appellate Official identified in that section. Any such appeal must be in wrtting and must be made within 30 days of receipt of this response. Appeals must be addressed as sopropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Cw.n@, Washington, DC 20556, mc.d should clearfy state on the enve6 ope and in the letter that it is an " Appeal from an Initial FOtA Decision."

anc sonM ano treri m U.S. NUCLEAR REGULATORY COMMISSION

• asi FOlA RESPONSE CONTINUATION

Re: FOIA-87-464 APPEND X A

' NUMBER RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST N DATE DESCRIPTION

1. 07/13/87 Letter from Frederick Bernthal to the Honorable Gonzalo Barrientos re: June 10, 1987 correspondence on South Texas (2 Pages)

2. 06/11/87 Letter re:

Chilk from Jack R. Newman to Samuel J.

Houston Lighting and Power Co.,

South Texas Project, Units 1 & 2, Docket Nos.

50-498 OL, 50-499 OL w/attch. (9 pages) e 1

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Re: FOIA 464 __

APPENDIX B RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION Exemption

1. undated Draft SECY paper re: Roguest for Independent 5

Task Force to Review South Texas Allegations and Motion to Quash Subpoena w/attch. (39 pages)

2. 06/22/87 SECY-87-151 re: Request for Independent ~

5 Task Force to Review South Texas Allegations and Motion to Quash Subpoena w/attch. (39 pages) l l

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Re: FOI A 464 APPENDIX C RECORDS TOTALLY WITHHELD NUMBER DATE

• DESCRIPTION & EXEMPTION Exemotion '

1. 06/03/87 Action Item Description Sheet re: 2 South Texas (2 pages)

2. 06/04/87 Draft Memorandum and Order re: Bouston 5 Lighting and Power Company (3 pages)

3. 06/00/87 Draft SECY paper and Order re: South Texas 5 (5 pages)

4. 07/10/87 Draft letter from Lando W. Zech, Jr to 5 Billie P. Garde re: response to May 29, 1987 petition (1 page)

5. undated Draft letter from Lando W. Zech, Jr. to the 5 Honorable Gonzalo Barrientos re: June 10 1987 letter on South Texas (1 page)

6. 06/00/87 Draft SECY paper re: Request for Independent 5 l Task Force to Review South Texas Allegations and Motion to Quash Subpoena (10 pages) i

7. 06/25/87 Affirmation Vote sheet on SECY-87-151 for Chairman Zech (1 page) 5

8. 07/00/87 Affirmation Vote sheet on SECY-87-151 for 5 Commissioner Carr w/attch. (9 page)

9. 07/07/87 Affirmation Vote sheet on SECY-87-151 for 5 Commissioner Bernthal (1 page)

10. 07/09/87 Affirmation Vote sheet on SECY-87-151 for 1

5 Commissioner Roberts (1 page)

11. 07/10/87 Draft Memorandum and Order re: Houston 5 Lighting and Power Company (7 pages) 4

.* Re: F01A-87-464 APPENDIX D 4

RELEVANT CORRESPONDENCE BETWEEN GAP AND NRC NUMBER DATE DESCRIPTION

1. 01/20/87 Letter from B. Garde to V. Stello ar.d J. Mattox regarding worker allegations at the South Texas nuclear project

2. 02/18/87 Letter from V. Stello to B. Garde regarding letter from GAP dated 1/20/87

3. 03/04/87 Letter from B. Garde to V. Stello regarding 2/18/87 letter to GAP

4. 03/18/87 Letter from V. Stello to B. Garde regarding 3/4/87 letter I from GAP

5. 03/23/87 Letter from B. Garde to V. Stello regarding 3/18/87 letter to GAP

6. 04/08/87 Letter from V. Stello to B. Garde regarding 3/23/87 letter from GAP

7. 05/20/87 Subpoena from V. Stello to B. Garde regarding South Texas Project 6

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CHAIRMAN July 13, 1987 The Honorable Gonzalo Barrientos State Senator Senate of the State of Texas P.O. Box 12068 Austin, Texas 78711

Dear Mr. Barrientos:

Thank you for your June 10, 1987 letter concerning two pending motions before the Commission regarding the South Texas Nuclear Project (STNP).

The Government Accountability Project's request for an independent task force to review STNP allegations and the intervenor's motion to reopen the record of the STNP licensing hearings are currently under Commission consideration. The Commission intends to render decisions on both in the near future. I assure you that in making our determinations our primary concern will be the health and safety of the people of Texas.

The Commission appreciates your concern in these matters.

Sincerely.

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d-MI Frederick M. Bernthal Acting Chairman I

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b Gyr $tnte of Texas GONZALO BARRIENTOS P.O. BOX 12068 AUSTIN, T EX AS 78711 (512) 463 0114 STATE SENATOR DISTRICT 14 HAYS & TRAVIS COUNTIES June 10, 1987 Mr. Lando W. Zech, Jr. , Chainnan Nuclear Regulatory Camission Washington, D.C. 20555

Dear Mr. Zech:

It is my understanding that two motions concerning the South Texas Nuclear Project (STNP) have recently been filed with the Nuclear Regulatory Ca mission. The first, a petition prepared by the Government Accountability Project (GAP), requests the establishment of an independent, special review team to investigate allegations received by GAP frun workers at the South Texas Nuclear Project site. Se second, filed by Intervenor Citizens Concerned About Nuclear Power, Inc., is a notion to reopen the record of the S'INP licensing hearings to determine if there is reason to change the conclusions arrived at by the Atomic Safety and Licensing Board in the STNP pr M ings.

As a state senator whose district includes Austin, Texas, and as an individual concerned with the health and public safety of people throughout this State and Region, I urge you to act favorably, and expeditiously, on both notions.

If you have any questions, please do not hesitate to contact me.

Wank you very nuch.

Sincerely, Gonzalo Barrientos State Senator GB/lg cc: Cannissioner Thcmas M. Roberts Commissioner James K. Asselstine Cannissioner Frederick M. Bernthal Ccmnissioner Kenneth M. Carr Senator Lloyd Bentsen Senator John Glenn Congressman J.J. " Jake" Pickle

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