ML20137A513

Responds to FOIA Request for Documents Re R Martin,J Collins or Other NRC Employee Responses to Drug Abuse.Forwards App a Documents.App B Documents Partially & Completely Withheld (Ref FOIA Exemptions 5,6 & 7)

ML20137A513
Person / Time
Site:	Comanche Peak
Issue date:	08/01/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20136F925	List: ML20136F922 ML20136F926 ML20137A513
References
FOIA-85-152 NUDOCS 8508210418
Download: ML20137A513 (4)

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+f \ o UNITED $TATES NUCLEAR REGULATORY COMMISSION W ASHINGTON, D. C. 20555 G p AUG 011915

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I Ms. Billie Pirner Garde Citizens Clinic Director Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-152 i

Dear Ms. Garde:

This is in response to your letter dated March 6,1985, in which you requested, pursuant to the Freedom of Information Act, records relevant to and/or generated in connection with the responses of Mr. Robert Martin, Regional Administrator, NRC Region IV, or his predecessor Mr. John Collins, or "

any other NRC personnel, regarding drug abuse at the Comanche Peak site.

The documents listed on enclosed Appendix A are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC, in file folder F01A-85-152 under your name.

Document 1 on enclosed Appendix B is a draft letter prepared for signature by tne Regional Administrator for NRC Region IV and is exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5), and the Commission'sregulations,10CFR9.5(a)(5). Release of the draft letter would tend to inhibit the open and frank exchange of ideas essential to the deliberative process, and it is being withheld in its entirety. Documents 2 and 3 of Appendix B are records of two telephone conversations between representatives of Texas Utilities Generating Company (TUGC) and the NRC's Office of Investigations (01) regarding individuals who resigned or had been terminated as a result of the TUGC investigation of drug abuse at the Comanche Peak plant. To disclose the names and other identifying information concerning these individuals would constitute a clearly unwarranted invasion of personal privacy. This information is bein )

and (7)(C) of the F0IA, 5 U.S.C.and 552(b)(6)

(7)(C), andg10withheld pursuant CFR 9.5(a)(6) and to Exmpti (7)(iii) of the Commission's regulations. There are no reasonably segregable factual portions of document 1, and it is being withheld in its entirety. The nonexempt portions of documents 2 and 3 are being placed in the PDR.

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 the public interest. The persons responsible for the denial of document 1 on Appendix B are the undersigned and Mr. Robert D. Martin, Regional Administrator, NRC Region IV. The person responsible for the denial of documents 2 and 3 on Appendix B is Mr. Ben B. Hayes, Director, Office of Investigations.

8508210418 850001 PDR FOIA GARDE 85-152 PDR

The denial by Mr. Robert D. Martin 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 FOIA Decision." The denial by Mr. Ben B. Hayes may be appealed within 30 days to the Secretary of the Comission and should be addressed to the Secretary of the Comission.

Si rely,

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1. , A (

. M. Felton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated f

6 Re: F01A-85-152 APPENDIX A -

1. 06/09/84 Letter Carpenter and Hadley to Collins Re: Employees Terminated at Comanche Peak plant for Alleged Involvement with Controlled Substances and the Sale of Narcotics (2 pages) '.

2. 08/01/84 Letter Collins to Carpenter and Hadley Re: Investigation of Allegations Concerning the Illegal use of Drugs at the Comanche Peek Plant Site (1 page)

3. 01/21/85 Letter Garde to Martin Re: NRC Action Concerning the Investigation of Drug Abuse Among Comanche Peak Workers, w/ enclosure: Nonconformance Report (NCR) M84-01840 and attached ED0 Principal Correspondence Control Form '

No. 000314 - Assigned to Robert D. Martin, Region IV (3 pages) l l

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Re: F01A-85-152 APPENDIX B

1. Undated Draft letter from Martin to Garde Re: NRC Response ~

to Carpenter letter dated 8/1/84.(2 pages)

L 2. 06/14/84 Telephone conversation record: Texas Utilities to Office of Investigations regarding names of personnel.who have i resigned or had been tenninated as a result of Texas- i i

Utilities' investigation concern ng drug use at the Comanche Peak plant site (4 pages i

3. 07/03/84 Telephone conversation record: Texas Utilities to Of concerning termination of additional oersonnel for drug involvement at Comanche Peak plant site.(1 page)

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