ML20210P581
| ML20210P581 | |
| Person / Time | |
|---|---|
| Issue date: | 04/23/1986 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML20210P587 | List: |
| References | |
| FOIA-86-40 NUDOCS 8605130453 | |
| Download: ML20210P581 (5) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION h.
E WASHINGTON, D. C. 20555
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APR 2 31986 Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-86-40
Dear Ms. Garde:
This is in further response to your letter dated January 14, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of documents generated in connection with SECY-85-404, "l'nauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees," dated December 23, 1985.
The documents identified on enclosed Appendix B are being released at Commissioner Asselstine's discretion and are~being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder C01A-86-40 in your name.
Portions of the document identified on enclosed Appendix C, and the documents identified on enclosed Appendix D contain the predecisional analyses, opinions, and recommendations of the Commissioners, and between the Commissioners and their staffs, concerning proposed rulemaking. Because the information reflects the predecisional process among the Commissioners, and between the Commissioners and the staff, the information is exempt from mandatory disclosure pursuant to Exemption 5 of the FOIA, 5 U.S.C. 552(b)(5), and the Commission's regulations at 10 CFR 9.5(a)(5). Release of the information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The released portions of the document on Appendix C are being placed in the POR in file folder F01A-86-40 in your name. The documents on Appendix D contain no reasonably segregable factual portions and are being withheld in their entirety.
Pursuant to 10 CFR 9.15 of the Connission'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 this denial is Mr. John C. Hoyle, Assistant Secretary of the Commission.
i g51 3 860423 CARDE86-40 PDR
Ms. Billie Pirner Garde This denial may be appealed to the Secretary of the Commission 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 F0IA Decision."
The Staff Requirements memorandum dated May 2, 1985, for SECY 85-20, entitled,
" Relationship Between Investigations / Inspections and Adjudications (SECY-84-276/276A)--Proposed Amendment to 10 CFR Parts 0 and 2 Establishing Special Ex Parte In Camera Procedures for Resolving Conflicts Concerning the Disclosure or Non liisclosure of Information," was addressed in our April 17, 1986, response to another FOIA request and released in part. A copy of that response and the released portions of the document are available in the NRC PDR in file folder F0IA-86-56 under the name Ryan.
The search for and review of documents that are subject to your request are continuing. We will notify you upon ccmpletion of the search and review.
Sincerely, L. l p v Don'n'ie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosures:
As stated
Re: F01A-86-40 APPENDIX B Documents Being Released '
- 1. 02/06/86 Vote Sheet of J.K. Asselstine on SECY-85-404.
- 2. 02/26/85 Vote Sheet of J.K. Asselstine on SECY-85-20.
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-Re: F01A-86-40 APPENDIX C Document Being Withheld in Part '
- 1. 02/14/86 Memo from S. Chi 1k to V. Stello and H. Plaine, subject:
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Re: F01A-86-40 APPENDIX D Documents Being Withheld in Their Entirety '
- 1. 01/14/86 Vote Sheet of L. Zech on SECY-85-404, " Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees." (2 pages)
- 2. 01/26/86 Vote Sheet of N. Palladino on SECY-85-404 (1 page)
- 3. 01/28/86 Vote Sheet of T. Roberts on SECY-85-404 (1 page)
- 4. 01/30/86 Note from S. Schinki to F. Bernthal Re: SECY-85-404 (3 pages)
- 5. 01/31/86 Vote Sheet of F. Bernthal on SECY-85-404 (3 pages)
- 6. 02/06/85 Vote Sheet of L. Zech on SECY-85-20, " Relationship Between Investigations / Inspections and Adjudications (SECY-84-276/276A)
Proposed Amendments to 10 CFR Parts 0 and 2 Establishing Special Ex Parte In Camera Procedures for Resolving Conflicts Concerniiig the Disclosure or Nondisclosure of Information."
(2 pages)
- 7. 02/07/86 Memo from S. Chilk to Commissioners, " Staff Requirements Memorandum," - 1 page w/ attached draft memo from S. Chilk to V. Stello and H. Plaine, "SECY-85-404. . ." (3 copies - 2 r versions of 2 pages and 1 of 1 page)
- 8. 02/18/86 Memo from V. Stello to F. Bernthal, " Response to Questions on Your Notation Vote Response Sheet on January 31, 1986 Re:
SECY-85-404. . ." (3 pages)
- 9. 02/20/85 Vote Sheet of N. Palladino on SECY-85-20 (2 pages)
- 10. 02/25/85 Vote Sheet of T. Roberts on SECY-85-20 (1 page)
- 11. 03/06/85 Vote Sheet of F. Bernthal on SECY-85-20 (1 page)
- 12. 03/06/85 Note from S. Schinki to F. Bernthal Re: SECY-85-20 (1 page)
- 13. 04/26/85 Memo from S.J. Chilk to Comissioners, " Staff Requirements Memorandum," - 1 page w/ attached draft memo from S. Chilk to W. Dircks, " Staff Requirements--SECY-85-20. . ." (3 copies -
I version of 2 pages and 2 of 1 page)
Government Accountability Project 1555 Connecticut Avenue N.W. Suite 202 Washington, D.C. 20036 (202) 232-8550 Ilillie Carde Director. Environrnental Whtleblower Clime January 14, 1986 FREEDOM OF INFORMATION ACT REQUEST FREEDOM OF INFORM /4 flON ACT REQUEST Director Fo.r A- s(,-yo Office of Administration Nuclear Regulatory Commission
/-2./ 46 Washington, D.C. 20555 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 information, 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, 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 and/or generated in connection with SECY 85-404,
" Unauthorized Disclosures of Sensitive Information - Availability of Administrative Sanctions Against NRC Employees and Special Government Employees," December 23, 1985. Specifically, we seek all records that describe the circumstances which generated this study.
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. $9.3a(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s),
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. GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 U.S.C. 552(a)(4)(a). GAP is a non-profit, non-partisan public interest organization concerned with honest and open government. Through public outreach, the Project promotes whistleblowers as agents of government accountability.
Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the health and safety of their communities.
We are requesting the above information as part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.
For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.
This index is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U . S .- 9 7 7 (1974).
We look forward to your response to this request within ten
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days.
Sincerel k; Ysw t$L-t Billie Pirner Garde Director Environmental Whistleblower Clinic
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