ML20235A204

Partial Response to FOIA Request for Documents.Forwards App E & F Documents.App F Documents Also Available in Pdr.App E Documents Partially Withheld (Ref FOIA Exemptions 5,6 & 7)

ML20235A204
Person / Time
Site:	Comanche Peak
Issue date:	07/01/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20235A207	List: IA-86-133, Forwards Ofc of Investigations (OI) Rept of Investigation Re Alleged Electrical Deficiencies at Facility,Per Chairman Palladino 820420 Request to Conduct Semiannual Audit of OI Program Development.W/O Rept ML20235A204 ML20235A248 ML20235A293 ML20235A301 ML20235A425 ML20235A439 ML20235A454 ML20235A478 ML20235A526
References
FOIA-86-133 NUDOCS 8707080353
Download: ML20235A204 (4)

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"\ eee.. / INFORMATION ACT (FOIA) REQUEST JUL i 19g7 DOC 3tET NUMBER ($) t/r sophcabsol O Y h L.Y 0,. $/ s s h)Yk,,

PART 1.-RECORDMRELEASED MR NOT LDCATED (See checked boxes)

No agency records subsect to the request have been located.

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

Agency records subpect to the request that are identsfed in Appendix are already available for puLlic inspection and copying in the NRC Public Document Room, j 1717 H Street. N W., Washington, DC Agency records subrect to the request that are sdentifed in Appendix are being made available for public inspecton and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

The nonproprietary verson of the proposal (s) that you agreed to accept m a telephone conversaton with a member of my staff is now being made avalable for public inspection and coying at the NRC Public Document Room,1717 H Street, N W . Washington, DC, in a folder under this FOIA number and requester name.

Enclosed is informaton on how you may obtam access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street. N.W,, Washington, DC, Agency records subject to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments secton.

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

In view of NRC's response to the request, no further action a being taken on appealletter dated PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records is bemg withheld from public declosure pursuant to the FOIA exemptions described in and for the reasons stated in Part II, sec-tons 8, C, and D. Any released portons of the documents for which only part of the reco'rd is bemg withheld are being made available for public inspection and copying in X the NRC Public Document Room.1717 H Street. N W., Washington. DC, m a folder under thg FOIA number and requester name.

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FREEDOM OF INFORMATION ACT RESPCNSE FOIA NUMBERISh l DATE: JUL 1137 PART ll B- APPLICABLE FOIA EXEMPTIONS Rscords subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under FOIA E.emptions and for the reasons set forth below pursuant to 5 U.S C. SL2(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The withheld information s properly classified pursuant to Executive Order 12356 (EXEMPTION 11 2 The withheld mformation relates solely to the miernal personnel rules and procedures of NRC. IEXEMPTION 21

3. The withheld information s specifically enempted from public dsclosure by statute indicated. (EXEhrPTiON 31 Section 141 la5 of the Atomic Energy Act which prohibits 'he disclosure of Restricted Data or Formerly Restricted Data 142 U.S C. 2161-2165L Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Sakguards hformaton (42 U S.C. 2167L

4. The withheld information is a trade secret or commercial or financial information that is beeng withheld for the reason (s) indicated: (EXEMPTION 4)

The mformation is considered to be confidential business (proprietary) inicemation.

The information is conssdered to be proprietary information pursuant to 10 CFR 2.790(dHIL i The information was submitted and recewed in confidence from a foreign source pursuant to 10 CFR 2.790idH2).

5. The withheld information consists of interagency of intraagency records that are not available through discovery during htigation. Osclosure of predecisional information gj would tend to mhibit the open and frank exchange of ideas essentel to the deliberstwe process. Where records are withheld in their entirety, the facts are inextricably A intertwmed with edecisonal mformaton. There also are no reasonabi segregable factual portions because the release of the facts would permit an indirect mquiry intothe t {e predecisonsi process of the egency. (EXEMPTION K 6. The withheld it ormation is esempted from public declosure because its disclosure would result in a clearly unwarranted invasion of personal pnvecy. (EXEMPTION 61

7. The withheld information consists of mvestigatory reco ds Compded for low' enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7)

Disclosure would nterfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of enforcement efforts. and thus could possibiy allow them to take action to sh eld potential wrongdoing or a volaton of NRC requirements from investigators- (EXEMPTION 7lAll i

Declosure would constitute an unwarranted invasion of personal perwacy IEXEMPTION 7(C)I The information consists of names of mdwiduals and other mformation the dsclosu o of which would reveal identities of Confident $l sources. (EXEMPTION 7tOI)

PART ll C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and'or 815 of the U S . Nuclear Regulatory Commssion regulations. it has been determined that the information withheld e exempt from production or declosure.

and that its production or disclosure s contrs" to the public interest The persons responsible for the denial are those officials identified below as denying officials and the Director.

Owsson of Rules and Records. Omce of AdrNnistration. for any denials that may be appealed to the Enecutive Director for Operatens(E0ol DENYING OFFICIAL TITLE /OF FICE RECOROS DENIED APPELLATE OFFICIAL SECRETARY EDo S) m R. % A h 6 01A App s ti A x g -

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yART ll D- APPEAL RIGHTS The denial by each denyir g official identified in Part 11.C may be appealed to the Appellate Official identified 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 appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear 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 Decision."

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FOIA RESPONSE CONTINUATION

'l ke: F01 A 86-133 APPCNDl1 E RECORDS WITHHELD IN WHOLE OR IN PART w/ F0IA EXEMPTION NUMBCR DATE D($CRIPfl0N i

i 1.

09/07/84 Yerification Work Sheet regarding OIA File 84-30 (1 page) - Ex. 5

2. 02/25/85 Memorandum from J. Fitzgerald to Comission,

Subject:

Deletion of Names from Investigation Reports (2 pages) - Ex. 5

• 3. 01/07/85 Memorandum from 5. Connelly to Commission transmitting s

Report of Investigation File Number 84-30, entitled l

" Allegations Regarding 01 Report 4-84-006 Comanche Peak" (25 pages)- Ex. 5, 6, 7(c) 4 03/07/85 Memorandum from Comissioner Asselstine to Chairman Palladino,

Subject:

COMNP 85-1, ' Allegations on 01 Report on Comanche Peak" (1 page) - Ex. 5

• 5 01/10/85 Memorandum from Chairman Palladino to Cosmissioners Roberts, Asselstine, Bernthal, and Zech,

Subject:

Allegations on 0!

Report on Comanche Peak (1 page) - Ex.5

• 6 08/29/84 Report on Interview w/Juanita Ellis (2 pages) - Ex. 6 j

• 7 08/28/64 Report of Interview w/ Richard Fouke w/ attachment (2 pages) - Ex. 6

• 8 08/29/84 Report of Interview w/ Charles Atchison w/ attachment (5 pages) - Ex. 6 9 11/23/82 Office of Investifration Report of Investigation, ertitled: Comanche Peak Steam Electr'c Station Alleged Electrical Deffetencies Case 3 i

Number: 4-82-012(18pages) Ex. 6 & 7(C)

• Documents Withheld in Part i

i Re: FOIA. 86 -

133

_.- l APPENDIX F RECORDS MAIN 1AINED IN lHE PDR UNDER THE ABOVE REQUEST NUMBER DATE DESCRIPTION

1.  !

08/15/B4 Memorandum for File from Ronald M. Smith, Senior Criminal Investigator (OlA), to Hollis Bowers Assistant Director for Investigations 01A,

Subject:

Investigative Itinerary and Plan - Week of August 20-24, 1984 (1 page) - _ Portions Deleted as Outside the Scope of the Request

2. 06/01/84 .

Memorandum from Ben 8. Hayes, Director, Office of Investigations, to George Messenger, Acting Director, Office of Inspector and Auditor,

SUBJECT:

Allegations Against 0! Investigators (1 page)' {

3.

11/23/82 Memorandum from Janes A. Fitzgerald, Acting Director, Office of Investigations, to John T. Collins, Regfonal Administrator, Region IV,

SUBJECT:

Investigation of Alleged Electrical Deficiencies at ,

Comanche Peak Steam Electric Station (1 page) ,

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4. 11/23/82 Memorandum from James A. Fitzgerald, Acting Director, Office of Investigations, to James J. Cuernings, Director, Office of Inspector -

arid Auditor

SUBJECT:

Investigation of Alleged Electrical Deficiencies at Comarche Peak Steam Electric Station (1page) l 4

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1 GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Avenue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 March 4, 1986 FREEDOM OF INFORMATION ACT REQUEST '

Director FREEDOM OF INFORMATIO office of Administration ACI REQUEST l Nuclear Regulatory Commission g.,,[JJ ]

Washington, D.C. 20555

'd 3-N6 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 ;Lnformation, 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, tele-phone 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 all Office of Inspector and Auditor (OIA) investigations involving allegations of wrongdoing by NRC personnel connected with Region IV since 1980.

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, 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 connection with, and/or issued in order to implement the action (s).

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GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 U.S.C., 552 (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 its Environmental Whistleblower Clinic, GAP offers assis-tance to local public interest and citizens groups seeking to ensure the health and safety of their communities. The Environ-mental Whistleblower Clinic is currently assisting several citizens groups, local governments and intervenors in Texas concerning the construction of the Comanche Peak nuclear power plant.

i We are requesting the above information as part of an ~

ongoing monitoring project on the adequacy of Region IV and the NRC's efforts to protect public safety and health at nuclear power plants.

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 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 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).

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

Sincerely, BrPL(rs Billie Pirner Garde Director, Environmental Whistleblower Clinic

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