ML20213F248
| ML20213F248 | |
| Person / Time | |
|---|---|
| Issue date: | 11/06/1986 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-86-211, FOIA-86-A-201 NUDOCS 8611140101 | |
| Download: ML20213F248 (1) | |
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, O November 6, 1986 Ms. Billie Pirner Garde. Director Government Accountability Project 1555 Connecticut Avenue, N.W., Suite 202 Washington, D.C. 20036 RE: APPEAL 86-A-201 Dear Ms. Garde This letter responds to your October 16, 1986 appeal of this Agency's denial of documents identified in our October 1,1986 response to F01A-86-211.
The withheld material has been re-reviewed, and on the basis of this review I affirm the Agency's action in this matter.
The withheld portions of the document identified on Appendix B consist of identifying information about an individual who was instrumental in the initiation of an Agency investigation. Disclosure of this informa-tion would clearly constitute an invasion of that person's privacy interests. Further, in applying the balancing tests required by the applicable F0IA exemptions (6 and 7(c)), the Commission has determined that the privacy interests of this individual outweigh any benefit the public might enjoy from disclosure of the information. See, Department of Air Force v. Rose, 425, U.S. 352, 372-373 (1976). Thus, the AgencyTs denial of this document was proper. The document identified on Appendix C was also properly withheld for the reasons just discussed.
You also appealed the Agency's denial of three completed OI investigations regarding allegations of deficiencies in record reviews.
The Office of Investigations (01) has indicated that these files are related to an ongoing 01 investigation. As the premature release of these documents could interfere with the ongoing investigation, they were properly withheld pursuant to Exemption 7(A) of the F0IA. See, New England Medical Center v. NLRB, 548 F.2d 377 (1st Cir.1976); American Comercial Barge Lines Co. v. NLRB, 758 F.2d 1109 (6th Cir.1985).
This letter represents final Agency action on your October 16, 1986 F0IA Appeal. Judicial review of the denial of the~se documents is available in Federal District Court in the district in which you reside, have your principal place of business, or in the District of Columbia.
S heer ,
s 8611140101 861106 Samuel J. hilk G$DE8N-201 PDR Secretary of the Commi sion
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\...../ OCT 01 1986 Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project Midwest Office 3424 Marcos Lane IN RESPONSE REFER Appleton, WI 54911 TO F01A-86-211
Dear Ms. Garde:
This is in partial response to your letter dated March 21, 1986, in which you requested, pursuant to the Freedom of Information Act (FOIA), copies of all completed reports and documents related to these completed reports by the NRC's Office of Investigations regarding the Waterford Steam Electric Station.
The records described on the enclosed Appendix A have been released in their entirety and are available for public inspection and copying at the NRC Public Document Room (PDR) in file folder F01A-86-211 under your name.
The record described on the enclosed Appendix B is partially released, and the nonexempt portions are available for public inspection and copying at the PDR in file folder F01A-86-211 under Portions of this record are withheld pursuant to Exemptions (your name.6) and (7)(C) of the FOIA (5 U.S.C. 552(b)(6) and (7)(C)) and 10 CFR 9.5(a)(6) and (7)(iii) of the Comission's regulations. This information consists of personal information the release of which would result in a clearly unwarranted invasion of personal privacy.
The record described on the enclosed Appendix C is withheld in its entirety pursuant to Exemptions (6) and (7)(C) of the FOIA (5 U.S.C. 552(b)(6) and (7)(C)) and 10 CFR 9.5(a)(6) and (7)(iii) of the Comission's regulations.
This information consists of personal information the disclosure of which would result in a clearly unwarranted invasion of personal privacy.
Three completed 01 investigations regarding allegations of deficiencies in records reviews are related to an ongoing 01 investigation and are, therefore, being withheld in their entirety pursuant to Exemption (7)(A) of the FOIA (5 U.S.C. 552(b)(7)(A)) and 10 CFR 9.5(a)(7)(1) of the Connission's regulations.
This information consists of investigatory records compiled for law enforcement purposes the release of which would interfere with an ongoing enforcement proceeding. Release of this information could allow those being investigated to learn the scope, direction, and focus of investigatory efforts, and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators.
W lciup e n gpp.
Ms. Garde .
The OI investigation files listed below are subject to FOIA-86-211 and have been addressed in response to previous F0IA requests, as noted:
Q4-82-014 F01A-84-206 04-82-023 F01A-84-206 Q4-83-006 F01A-84-206 Q4-83-015 F01A-84-206 Q4-83-0155 F01A-84-206 Q4-84-049 F01A-85-123 Q4-84-036 F01A'-85-123 Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for denial of the records identified on the enclosures is Mr. Ben B. Hayes, Director, Office of Investigations.
This denial may be appealed to the Secretary of the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, 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 an Initial FOIA Decision."
The staff is continuing to review additional 01 files which are subject to your request. We will notify you upon completion of this review.
Sincerely,
/7 5 Y Yis v Donnie H. Grimsley, Direc or Division of Rules and Records Office of Administration
Enclosures:
As stated
l Re: F01A-86-211 APPENDIX A ,
RECORDS IN PDR FILE F0!A-86-211 1 (Released in Entirety)
- 1. 01 Case No. 4-83-030, " Alleged Falsified Quality Assurance Records Concerning Gulf Engineering Company, Inc.." including:
- a. Investigation Status Record (2 pages)
- b. Transmittal Sheet - Region IV (1 page)
- c. Memo to Martin from Hayes dated
- d. Memo to Palladino from Hayes dated 02/13/85(2p(ages)2pages) 12/21/83
- e. Investigation summary (1 page)
- f. Report of Investigation dated 02/13/85 with 16 attached exhibits
- 2. OI Case No. 4-83-014. " Alleged Improprieties in the QC department of the Mercury Company," two records from this file:
- a. Investigation Status Record dated 08/31/83(1page)
- b. Memo for the file from D.D. Driskell,
Subject:
Administrative Closure of Inquiry Q4-83-017 (1 page)
- 3. 01 Case No. 4-84-020, " Alleged Forgery of QA Records of Subcontractor (s),"
including:
- a. Investigation Status Record (4 pages)
- b. Memo to Palladino from Hayes dated 03/26/84(2pages)
- c. Memo to Martin from Hayes dated 06/17/85 (4 pages)
- d. EBASCO Services Inc. Nonconfomance Report W3-6245/5-20-83 (100 pages)
- e. Statement of 1.eonard Kaminski/3-20-84 (3 pages)
- f. Statement of H. Don Ernst/3-19-84 (2 pages)
- g. Statement of Sam Horton/4-04-84 (10 pages) h Report of Interview with Thomas N. McA111 ster /4-26-84 (1 page) j.1.Report ReportofofInterview Interview with with GeneA.A.Roffe/6-05-84 Robert Greathouse/4-26-84 (1 (1 papage)ge)
- k. Report of Interview with Thomas Gerrets/6-05-84 (1 page)
- 1. Waterford 3 Supplemental Safety Evaluation Report, NUREG-0787, Supplement 7,AppendixJ,Page161/ Undated (2pages)
Re: F0!A-86-211 APPENDIX B RECORD IN PDR FILE F01A-86-211 (Partially Released)
- 1. 01 Case No. 4-84-020. " Alleged Forgery of J. A. Jones Construction Company Cadweld Inspection Reports." Report of Investigation (19pages)
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Re: F01A-86-211 APPENDIX C RECORD SUBJECT TO F01A-86-211 WITHHELD IN ITS ENTIRETY
- 1. Pages of transcript of interview with a named individual (1 pages) i l
GOVERNMENT ACCOUNTADIUTY PROJECT 1555 Conneaicut Avenue, N.W., Suite 202 W6sNngton, D.C. 20036 (202)2324550 March 21, 1986 FREEDOM OF INFORMATION ACT REQUEST Director FREEDOM OF INFORMATIOrt office of Administration ACT REQUEST Nuclear Regulatory Commission Weshington, D.C. 20555 ble '84 'd//
O,q,c 'd Rg-f f 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 all completed OI investigations of the Waterford facility; more specifically we request any and all reports into harassment and intimidation, records falsification, and material false statements made by Waterford officials. This request should include but not be limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, analyses, drawings, procedures, files, graphs,instructions, charts, maps,engineering 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 the investigations.
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 benefit'.ing 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 Louisiana concerning the construction of the Waterford nuclear power plant.
We are requesting the above information as part of an ongoing monitoring project on the adequacy of 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, 844 L Billie Pirner Garde a
Director, Environmental Whistleblower Clinic i
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