ML20215K223

Responds to 870410 Appeal of Dh Grimsley 870304 Form Response.Portions of Document 1 & Entire Document 3 in App Now Publicly Available.Remaining Documents Partially & Completely Withheld (Ref FOIA Exemptions 5 & 7)

ML20215K223
Person / Time
Site:	Comanche Peak
Issue date:	06/19/1987
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20215K227	List: ML20215K223 ML20215K646
References
FOIA-85-312, FOIA-87-A-18 NUDOCS 8706250264
Download: ML20215K223 (3)

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~# UNITED STATES I 8' 1 NUCLEAR REGULATORY COMMISSION W ASHINGTON, D. C. 20555 0%  !

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I JUN 191987 1 Billie Pirner Garde, Esquire l Government Accountability Project ]

Midwest Office IN RESPONSE REFER i 104 E. Wisconsin Avenue TO F01A-87-A-18  !

Appleton, WI 54911 (F01A-85-312)

Dear Ms. Garde:

This is in response to your letter dated April 10, 1987, in which you i appealed Mr. Donnie H. Grimsley's form response dated March 4, 1987. j Mr. Grimsley's form response denied eleven documents in whole or in part i that were subject to your Freedom of Information Act (FOIA) request for i documents regarding all sumary materials provided to the contentions and/or the harassment and intimidation panels for their assessment of i QA/QC at Comanche Peak. This letter will address the nine documents l listed on the enclosed appendix. Mr. Chilk will respond separately l concerning the other two documents, which were identified at numbers five l and six on Appendix C of the March 4 response, I q

Acting on your appeal, I have carefully reviewed the record in this case )

and have determined that some additional information can now be made j publicly available. Your appeal is, therefore, partially granted and i partially denied.  !

l l

Portions of document one and the entire document three. listed on the enclosed appendix can now be made publicly available and are enclosed.

The remaining initially withheld portions of document one will continue to be withheld from public disclosure pursuant to Exemptions (5) and (7)(D) of the F0IA (5 U.S.C. 552(b)(5) and (7)(D)) and 10 CFR 9.5(a)(5) and (7)(iv) of the Commission's regulations. The initially withheld portions of. document two will continue to be withheld from public disclosure pursuant to Exemption (5) of the FOIA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5)oftheCommission'sregulations. The initially withheld portions of document four will continue to be withheld pursuant to Exemptions- (5), (7)(C), and (7)(D) of the F0IA (5 U.S.C. 552(b)(5),

(7)(C),and(7)(D))and10CFR9.5(a)(5),(7)(111),and(7)(iv)ofthe Commission's regulations. Documents five through nine in their entirety -

will continue to be withheld pursuant to Exemption'(5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.

The Exemption (5) infomation withheld in documents one, two, and four relates to the subject of potential violations. The withheld portions were predecisional to the issuing of the enforcement action on Comanche Peak. Exemption (5) shields from mandatory disclosure information generated in the deliberative process- that precedes most decisions of government agencies.

8706250264 870619 ~

PDR FOIA GARDE 87-A-18 PDR'

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Ms. Billie Pirner Garde -

Documents five through nine are drafts which are clearly predecisional' f because they were prepared prior to and in the course of reaching a final agency decision. These documents describe the preliminary staff thinking and, therefore, contain preliminary advice, opinions, and recommendations of the staff. Exemption (5) was intended to pemit the agency's withholding of such documents to preserve the free and candid internal dialogue necessary for the careful formulation of agency decisions.

1 The Exemption (7)(C) information withheld in document four consists of-names and other identifying information of. individuals, the release of which could reasonably be expected to constitute an unwarranted invasion-  ;

of personal _ privacy. I am unable to identify any legitimate public  !

interest in this information which outweighs the privacy interests of the 1 '

individuals.

The Exemption (7)(D) information withheld in documents one and four . j consists of the names and other identifying information of individuals,  ;

the release of which could reasonably be expected to disclose the zioentity of confidential sources. I am unable to identify any legitimate public interest in this information. -q

'l This is a final agency action. As set forth in the F0IA (5'U.S.C. >

552(4)(4)(B)), judicial review of this decision is available-in a district court of the United States in the district in which you reside or have your principal place of business or in the District of Columbia.

Sincerely,

/

, f --

ictor St o, .

xecutive Dire tor for Operations

Enclosures:

As stated

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1 Re: F01A-87-A-18 s

(F01A-85-312)

APPENDIX I

1. 3/31/85 Draft Comanche Peak SSER No. 11. (9 pages) l

2. 3/20/85 Draft Comanche Peak Allegations SSER. (18 pages)

(3pages) I

3. 3/15/85 Draft Comanche Peak SSER No. 10.

4. 2/27/85 Draft Comanche Peak Allegation SSER. (53 pages)

5. Undated DraftAnalysisofissuescompiledbyOELD,(28pages) 6, 11/5/84 Draft letter to M.D. Spence, TUGC0 (4 pages) with  !

attached draft NOV.(2 pages) and draft inspection report I (20 pages) and typing cover sheets (2 pages) ,

7. 1/7/85 Draft SSER Supplement No. 5.- (75pages) 8, 12/1/84 Draft SSER Supplement No. 5. (47 pages)

9. 12/84 Draft Evaluation of CYGNA's Comanche Peak Independent Assessment Program (Phase 3) by T. L. Bridges (27 pages) and draft Quality Assurance Comments to CYGNA Phase 3 i Report Volume 1 on the Comanche Peak Steam Electric Station by L. W. Doward. (19 pages) i l

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