ML20212N237

Responds to Appeal Re Denial of FOIA Request for Documents Re Evaluation of Isaps Concerning Plant.Forwards Document 4 Listed in App.Documents 1 Through 3 & Encl to 4 Withheld (Ref FOIA Exemption 5)

ML20212N237
Person / Time
Site:	Comanche Peak
Issue date:	03/10/1987
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20212N239	List: ML20212N237 ML20212N292
References
FOIA-86-272, FOIA-86-454, FOIA-86-A-194, FOIA-86-A-195 NUDOCS 8703120411
Download: ML20212N237 (2)

Text

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= UNITED STATES NUCLEAR REGULATORY COMMISSION g :p WASHINGTON, D. C. 20555

\*****/ IAAR 10 WSF Billie Pirner Garde, Esquire Director, Environmental Whistleblower Clinic IN RESPONSE REFER Government Accountability Project TO F01A-86-A-194 AND Midwest Office F01A-86-A-195 AND 3424 Marcos Lane (F01A-86-272 AND Appleton, WI 54911 F01A-86-454)

Dear Ms. Garde:

This is in response to your letter dated October 1,1986, in which you appealed Mr. Donnie H. Grimsley's letter dated September 4, 1986, which "

denied four documents subject to your Freedom of Information Act (FOIA) request for documents related to the evaluation of ISAP's regarding the

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Comanche Peak plant.

Acting on your appeal, I have carefully reviewed the record in this case and have determined that some additional information can now be made publicly available. Your appeal is, therefore, partially grantea and partially denied.

The transmittal memorandum identified as number 4 on the enclosed appendix can now be released and is enclosed.

The enclosure to document 4 and documents one through three will continue to be withheld from public disclosure pursuant to Exemption (5)

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of the FOIA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations. These are internal documents containing the advice, opinions, and recommendations of the staff. Exemption (5) shields from mandatory disclosure documents generated in the deliberative process that precedes most decisions of government agencies.

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

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

Sincerely, w /

ctor Stellov .

Executive Director for Operations

Enclosures:

As stated 0703120411 870310

-194 PDR c$DE

_. . . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ ._ _. a l

Re: F01A-86-A-194 and F01A-86-A-195 Appendix

1. 4/24/86 MemorandumfromL.E.EllershawtoT.F.

Review of Results Reports VIIb.2 and II.b (2 pages Westerman}

2. 5/12/86 Memorandum from L. E. Ellershaw to T. F. Westerman, Review of Results Reports VIIb.2 and II.b (2 pages)

3. 5/13/86 Memorandum from E. H. Johnson to V. S. Noonan, Staff

-Questions Regarding ISAP No..VII.b.2 Results Reports (1page) '

4. 5/16/86 Memo from Johnson to Noonan, re: Evaluation Report (1 page) w/ attachment

a. Evaluation Report (ISAP III.d) (4 pages)

_ _ . . _ - . . - . . . . . . . .