ML20214K723

Partial Response to FOIA Request for Documents,Including Allegation Case File RII-86-A-0093.App C Document Completely Withheld (Ref FOIA Exemption 7)

ML20214K723
Person / Time
Site:	Harris
Issue date:	05/27/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Katz S COALITION FOR ALTERNATIVES TO SHEARON HARRIS
References
FOIA-86-793 NUDOCS 8705290038
Download: ML20214K723 (3)

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U S. NUCLEAR C E!ULATORY COMMISSION Nxc toia s.toutsi NuvetRisi e y.f"', e.

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(e.../ INFORMATION ACT (FOlA) REQUEST gyg7 h DOCRET NL,M8tRi$i Wr sapersbM REOutSTER N"o k% 11 h5 PART 11 RECORDS RELEASED OR NOT LOCATED (See checked bones)

No agency records subject to the request have been located.

No additonal agency records sub,ect to the request have been located.

Agency records subrect to the request that are identifed in Appendin are already avadable for publac inspection and copyng in the NRC Public Document Room, 1717 H Street. N W., Washmgton, DC.

Agency records subrect to the twuest that are identifed in Appendin are bemg made avadable for public mspection and copymg in the NRC Public Document Room.1717 H Street, N.W., Washmgton, DC, in a folder under the FOIA number and requester name.

The nonpropnetary version of the proposatts) that you agreed to accept in a telephone conversation with a member of my staff is now bemg made available for public inspection and coymg at the NRC Pubhc Document Room,1717 H Street. N W , W9snington. DC, in a folder under the FOIA number and requester name.

Enclosed is eformation on how you may obtain access to and the charges for copying records placed in the NRC Pubhc Document Room,1717 H Street, N.W., Washington, DC.

Agency records subsect to the request are enclosed. Any apphcable charge for copes of the records provided and payment procedures are noted in the comments section.

Records subject to the request have been referred to another Federal agencytesi for revew and derect response to you.

In vew of NRC's response to the request, no further acton is bemg taken on appeal letter dated PART ll A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam informaton in the requested records e being withheld 8 rom pubhc disclosure pursuant to the FOIA exemptions desenbod in and for the reasons stated in Part il, sec-

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i[ tions B. O, ont S Any released portions of the documents for which only part of the record is being withheld are bemg made available for public inspection and copying in the NRC Pubhc k ament Room.1717 H Street N W.. Washington, DC. in a folder under the FolA number and requester name.

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</ FREE 30M OF INFORMATION ACT EESPONSE FOIA NUMBE*SI f[p ~ hh DATE PART 11 B- APPLICA1 LE FOIA EXEMPTl NS Records subject to the request that are described in the enclosed Appendices > are being withheld in their entirety or in 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.

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1. The wthheld information is property classified pursuant to Executive Order 12356 (EXEMPTION tl

2. The withheld information relates solely to the mternal personnel rules and procedures of NRC (EXEMPTION 21

3. The wthheld information is specifically exempted from public d sciosure by statute edicated. (EXEMPTION 3)

Sect on 141-Mf of the Atomic Energy Act which prohibits the dsclosure of Restncted Data or Formerty Restncted Data (42 U S C. 21612165).

$+c%n 147 of the Atomic Energy Act wtisch prohibits the dsclosure of Unclassifed Safeguards Information 142 U S C. 2167).

4 The wthhel1 triformation is a trade secret or commercial or fmancial eformation that a being wthheld for the reasorWsl mdicaw (EXEMPTION 4)

The Wormation is consedered to be confidential business (propretary) informaton.

The inforinaten is considered to be propnetary information pursuant to 10 CFR 2.790ldill).

The imormation was submitted and received m conficience from a foreign source pursuant to 10 CFR 2.790(dH2L

5. The wthheld informaton consists of interagency or intraagency records that are not available through discovery dunng litigation. Dsclosure of predecesonal informaton would tend o inhabit the open and franit exchange of ideas essential to the deliberative process. Where records are withheid m their entirety, the facts are inextncably intertwmed wtn the predersonal mformaton. There also are no reasonably segregable factual portions becausa the release of the facts would permit an indirect mouery mto the predecessonal process of the agency. (EXEMPTION 5)

C..The withheid eformation is esempted from public disclosure because its disclosure would result m a clearly unwarranted invasion of personal privacy. (EXEMPTION 6)

7. The withhe6d informatichi conssts of investigatory records compded for law e,forcement purposes and a being wthheld for the reasonis) mdicated. (EXEMPTION 7)

Disclosure would interfere wth an enforcement proceedmg because it could reveal the scope, directen, and focus of enforcement efforts, and thus could possably allow them to take acton to sheid potental wrongdoing or a volaton of NRC requirements from mvestgators. (EXEMPTION 7tA))

Dsclosure would constitute an unwarranted invasion of personal pnvacy (EXEMPTION 7(Cl)

The informaton consats of narres of edividuals and other mformation the disclosure of whch would reveal identities of confidential sources. (EXEMPTION 7(DH PART ll C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 915 of the U.S. Nuclear Regulatory Commason regulatons it has been determ.ned that the informaton wthheld is exempt from production or declosure, and that its production or declosure e contrary to the public mterest. The persons responsible for the denial are those offcials adentifed below as denymg offcels and the Director Divson of Rules and Records. Offce of Adminstraton, for any denials that may be appealed to the Executive Director for Operations iEoot DENYlNG OFFICIAL TITLE / DFFICE l RECORDS DENIED APPELLATE OFFICIAL

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PART ll D- APPEAL RIGHTS The tenial by each denying efficial identified in Part it.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 are " Appeal from an initial FOIA Decision."

anc Fonu asa irert 21 U.S. NUCLEAR REGULATORY COMMISSION N FOlA RESPONSE CONTINUATION

Re: F0IA f 93 ._

APPENDIX d RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEhPTION

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/ Coalition for I;ovember 3 1956 a a Alternatises to Steven P. f.atz

,, e a Sheanm ilarris CASH Legal Committee 237 McCauley St.

unapel n111, w c: a m (919) 929-1870 Donnie Grimsley Division of Rules and Records Office of Administration US Nuclear Regulatory Commission washington, DC 20555 FREEDOM OF INFORMAfl0N ACT REQUEST FREEDOM OF INFORMATION ACT REOUEST

Dear Mr. Grimsley,

Y }/~)2.-E (o Pursuant to the Freedom of Information Act (5 U.S.C. 522, et. seq.),

the Coalition for Alternatives to Shearon Harris (CASH), and Wells Eddleman, pro.se., requests copies of any, and all, NRC records and information, including but not limited to notes, records, letters, memorana, drafts, miniutes, diaries, summaries, interview reports, .

procedures, instructions, charts, handwritten notes engineering $1ans, drawings, files, graphs, studies, data sheets, interum and final reports, status repor,ts, and any and all records relevent to and or generated in response to: "

1 The investigation of allagations, complaints or arguments present-ed to the NRC, HRR, or the 10, by Ms. Patty Mirriello. Particelarly the investigation, which we understand is considered closed by the IO, of the a. multiple affidavits presented by Ms. Mirriello concerning:

harrasment, intimidation and blacklisting, by CP&L or it's agents at the Shearon Harris and Brunswick Nuclear Power Plants.

b. documents related tothe inservice inspection process at the Shearon Harris Plant.

c.

documents related to Ms. Mirriello's personel radiation records while employed by CP&L or it's agents.

2. The CASH /Eddleman Erief, filed with the Commission on Oct6ber 6, 1986, and documentation concerning:

a.

Remedial action, additions, modifications either contemplat-ed or taken by Carolina Power and Loght Co, the State of North Carolina, the varrious Counties and other quasi-govern mental entities involved in the planning for or participation in the Emergency Preparedness Plan (evacuation plan) for the Shearon Harris Nuclear Power Plant, since the Full Scale Exercise of the plan in May of 1985; or,

b. changes in the "on-sight prepared ness"for the SHNPP.

3. NFC investigation of incidences, allagations taken by the NRC, CP&L or it's agents in response, ortoremedial ~ action the discharge of CP&L or a6ents employees and subsequent Department of Labor investigations Apex: 362-4717

• Cary: 828 0088,832 8558

• Chapel 11i11: 942-1112, 967-6812, 968-0567 Durham: 683-3209, 683-3209

• Ilillsboru: 732 8245

• Pittsimro: 542-4141

• Raleigh: 828-0088 0 b ! S h ? r S -? '

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' in particular the McWeeney and VanBeck D.O.L. claims, investigations, and-subsequent administrative actions, orders and appeals.

4. Provide the above requested documentation concerning the CASH /

Eddlemen 2.206 Show Cause Petition filed with the Director of Reactor Regulation on October 17, 1966 and any and all documentation generated which relates to:

a. QA/QC arguments contained therein;

, b. Wrongful discharge of employees as stated-in the arEuments contained therrin; and,

c. informantion concerning arguments and allagations concerning the investigation of placement numbers and i

procedures from the confidential informant.

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o In our opinion, it is appropriate in this case that search charges be waived, pursuant to 5 USC 522(a)(4)(A),"...because furnishing the information can be considered as primarily benefiting the general public". CASH is a non-profit organization serving it's local mem-bers and the public at large in the effort to assure that full public participation be had in the NRC's licensing and regulatory pro-Cess.

For any documents or portions of d6cuments which you may' deny due to specific FOIA Exceptions, please provide an index describing and doc-umenting the portions withheld, and a justification for claiming such an Exception as required by Vaughn v Rosen, 464 F.2d 820 (D.C.Cir, 1983).

We are looking forwped to your prompt reply.

Sincprely,

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/ Steve [P". 'atz

! CASH Legal Commit ee I

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