ML20206E490

Responds to Appeal Re Denial of FOIA Request for Documents Under FOIA Exemption 5.App Documents Withheld (Ref FOIA Exemption 5).Documents 2 & 10 Are Attorney work-products & Remaining Documents Are Preliminary Drafts

ML20206E490
Person / Time
Site:	Comanche Peak
Issue date:	06/10/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-86-181 NUDOCS 8606230391
Download: ML20206E490 (3)

Text

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gm O eg UNITED STATES E o NUCLEAR REGULATORY COMMISSION

y WASHINGTON, D. C. 20555 *

.....* JUN 10 1986 Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project IN RESPONSE REFER 1555 Connecticut Avenue, NW, Suite 202 TO F0IA 86-181 Washington, DC 20036

Dear Ms. Garde:

This is in response to your letter dated March 6, 1986, in which you requested, pursuant to the Freedom of Information Act (FOIA), reconsideration of the Exemption (5) denials in our partial responses of October 25, November 1, and November 22, 1985, to F0IA-84-779.

The documents listed on the enclosed appendix have been reviewed, and it has been determined that they will continue to be withheld from public disclosure 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.

Documents 2 and 10 are attorney work-products the disclosure of which would reveal litigation strategy. The remaining documents are drafts and other documents containing the preliminary advice, opinions, and recommendations of the staff in the deliberative process of determining proper enforcement actions regarding the Comanche Peak plant. Release of this type of information would tend to inhibit the frank and candid exchange of information in future delibera-e' tions and thus would not be in the public interest. There are no reasonably segregable factual portions because release of the facts would permit an indirect inquiry into the predecisional process of the agency.

Pursuant to 10 CFR 9.9 and 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 tne public s

interest. The persons responsible for the denial of documents 4, 5, 8, 9, 12, 13, and 14 are the undersigned and Mr. James M. Taylor, Director, Office of Inspection and Enforcement. The persons responsible for the denial of documents 1, 3, 6, 7,11, and 15 are the undersigned and Mr. Robert Martin, Regional Administrator, Region IV. The person responsible for the denial of documents 2 and 10 is Mr. Guy H. Cunningham, III, Executive Legal Director.

8606230391 860610 PDR FOIA GARDE 86-181 PDR

Ms. Garde The denials by Messrs. Martin, Taylor and myself may be appealed to the Executive Director for Operations within 30 days from the receipt of this '

letter. Any such appeal must be in writing, addressed to the Executive Director for Operations, 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 denials by Mr. Cunningham may be appealed within 30 days to the Secretary of the Commission and should be addressed to the Secretary of the Commission.

Sincerely,

& v

• )

Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated 2

l F01A-86-181 Appendix

1. Undated Ltr to Texas Utilities Generating Company, Mr. R. Gray from J. Collins, w/ enclosures: Notice of Violation and Proposed Imposition of Civil Penalty (4 pages)

2. Undated Notice: Litigation Stragegy for Comanche Peak (3 pages)

3. Undated Draft Ltr to R. Gary from R. DeYoung re: EA-83-132 (12 pages)

4. Undated Draft Ltr to R. Gary from R. DeYoung re: EA-83-132 (15 pages)

5. Undated Draft Ltr to R. Gary from R. DeYoung re: EA-83-132 (6 pages)

6. 11/21/83 Draft Ltr to R. Gary from J. Collins re: NOV (6 pages)

7. 03/06/84 Note to R. Rosano & T. Westerman from R. Hoefling re:

EA-83-132 (2 pages)

8. 05/14/84 Draft Ltr to R. Gary from R. DeYoung re: EA-83-132 (19 pages)

9. 06/07/84 Draft Ltr to R. Gary from R. DeYoung re: EA-83-132 (11 pages)

10. 08/20/84 Note to Ed Christenbury from Joe Scinto re: Intimidation Issues in the Comanche Peak Proceeding (7 pages)

11. 08/30/84 Memo for J. Axelrad from T. Westerman re: Letter and Order

< Imposing Civil Penalty (13 pages)

12. 08/31/84 Draft Ltr to R. Gary from R. DeYoung re: EA-83-132 (14 pages)

13. 08/31/84 Draft Ltr to R. Gary from R. DeYoung re: EA-83-132 with annotations (14 pages)

14. 08/31/84 Draft Ltr to R. Gary from R. DeYoung re: EA-83-132 with annotations (14 pages)

15. 09/04/84 Draft Ltr to R. Gary from J. Collins re: NOV (4 pages) 1

)