ML20132C232

Discusses Receipt of FOIA Requests Re Work Performed by Waterford Team at Facility.Press Release Re Obligations Under FOIA Encl

ML20132C232
Person / Time
Site:	Waterford
Issue date:	06/29/1984
From:	Crutchfield D NRC
To:	NRC
Shared Package
ML17198A272	List: ML20132C232 ML20132E146 ML20132E226 ML20132F665 ML20132G336 ML20132G399 ML20132G413 ML20132G430 ML20132G671 ML20132G824 ML20132H093 ML20132H105 ML20132H175 ML20133A068 ML20137T375 ML20137T502 ML20137T621 ML20137T670 ML20137T674 ML20137T679 ML20137T687 ML20137U130 ML20137U234 ML20137U240 ML20137U394 ML20137U653 ML20137U847 ML20137V001 ML20137V539 ML20137W807 ML20137X081 ML20137X117
References
RTR-NUREG-0787, RTR-NUREG-787 NUDOCS 8407090045
Download: ML20132C232 (4)

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$ I WASHINGTON, D. C. 20565 (l, ,o June 29, 1984 Docket No. 50-382 NOTE FOR: Waterford Unit 3 Team kembers

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FROM: Dennis M..Crutchfield Waterford Team Leader _ . _ .

SUBJECT:

FREEDOM OF INFORMATION ACT (FOIA) REQUESTS We have received a number of FOIAs relative to the work being done by the team at Waterford. In accordance with the law, we have to make available to the public " agency records."- I have enclosed a copy of an announcement from the Chairman relative to our obligations under the FOIA for your information' .

I have infonned the NRC FOIA staff that the team will make available all

" agency records" whether requested or not dealing with the teams activity.

The documents will not be made available until after completion of our

' safety review and publication of the SSER. Consequently, you should not dispose of any draft or other " agency records." Rather a copy should be made and sent to me so that it can be included in the package .that is to

.be made publically available. To dispose of pertinent records once a request is received is against the law. We will however protect the-identity of those requesting confidentiality. Before I respond, any information that could lead to a confidential source will be withheld.

I appreciate your help and am awaiting copics of relevant documents from you.

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Denn s M. Crutchfield Waterford Team Leader

Enclosure:

As stated cc w/ enclosure:

~J. Collins, IV J. Felton, FOIA Branch .

D. Grimsley, FOIA Branch E.'Shomaker, OELD T. Ippolito, Comanche Peak Team Leader J. Gagliardo 1

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ANNOUNCEMENT NO. 12 DATE: February 8, 1984 TO: ALL NRC EMPLOYEES

SUBJECT:

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OBLIGATIONS UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

The Commission has recently had occasion to examine the NRC's FOIA process. The Commission believes that, in light of this recent experience and a study coordinated by the General Counsel in conjunction with OELD and the Division of Rules and Records (DRR), the NRC's FOIA process is generally adequate to accomplish its important task. Uniformity of FOIA policy, consistency of implementation, and timeliness in processing should be t.he hallmarks of NRC's FOIA process.

There are some a reas, how'ever, where improvement is warranted, and DRR and the legal staff have been instructed to implement changes to NRC rules and guidelines. I want t'o -

take this opportunity to remind you of your own duties under the FOIA. Each office or employee is. expected to be promptly responsive to the agency's duty to provide non-exempt information to the public under the Act.

1. Each of you may be directed, at some time, to search your files in response to an F0,IA request. The scope of the request will be generally described by DRR in a "

memorandum to your office. This request will be referred, in turn, to your office FOI A Coordinator and to a senior staff member familiar generally with the work of the office and designated to assist in processing the request. If you believe the scope is too narrowly or too broadly cast by DRR, you should immediately tell the office FOIA Coordinator or the senior staff member who will resolve the matter in conjunction with DRR. When a search is undertaken, you sho'uld seek to identify to DRR al' agency records in your files or those of your office which are responsive to the request, whether the records were generated in your office, another office, or outside the NRC.

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Records of a clearly personal nature are not included.

Your office will normally provide copies of its own documents to DRR; where a document. generated outside of your office is expressly needed by DRR, your office will also provide that document. Exempt records

. originated or received in a Commissioner's Office, which are not circulated outside of the office, should be identified but not provided to DRR. '

2. The FOI A encompasses only "-agemcy records", that is, all documents (including draf ts) relating to agency

' affairs that are (a) created-or obtained during the course of agency business, and (b) still subject to the agency's control. Personal records are those documents, such as uncirculated handwritten notes, which, though relating to agency affairs, are made and retained or disposed of by personal choice and are net

, subject to agency control. They are not " agency records". Some documents generated outside the agency (e.g., by the Congress or the Office of the President)

' also may not be agency records, depending upon the re-strictions attached to the document by the originator and the use of the document by the agency. If there is

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any question about this subject with reference to a particula.r document, plea'se contact DRR directly.

3. Except for documents which NRC is required by law to retain for specific periods, all other documents, including draf ts, background materials, notes, and extra copies of office-filed documents may be retained or destroyed according to office policy or by personal choice. Offices may have policies which restrict the amount, or type, of documents retained in office or Branch files tc chose which management believes '

adequately support or explain particular actions. You may, as a practical matter, maintain documents that would be useful .in the review of your work by superiors for some time after the work is finalized. The FOIA, however, reaches both office files and your fi.les. As a legal matter, you may not destroy, remove, or fail to identify any documents once an FOIA request for them is

, received. If you are contemplating destroying records and you have questions or concerns, DRR, the Division of Technical Information and Document Control (TIDC),

or the legal staff should be consulted. For your information, the NRC's list of documents to be retained is in NUREG-0910. "NRC Comprehensive Records Disposition Schedule" (July 198?) and Revision 1 (flay 1983).

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4. .Your office director is responsible for " recommending '

whether to release or withhold, in whole or in part, each agency record identified in your office. For each withheld document, NRC is obliged to determine whether

.some portion may be segregated (that is, separated'out from the rest - by sentence, or group of sentences, or paragraph'in such a way that the passage would make j sense) and released. See 10 CFR 5 9.5(b), NRC Manual -

Chapter 0211, AppendixT Fart I, A.S. Under NRC regulations, you should also attempt to determine whether a document could be released upon removal of names and other details,which would identify individuals whose priva'cy or confidentiality warrant protection. 10.CFR 59.6. If so, you should identify and advise DRR to excise those names and features such as job title, organization, or similar details that ~

would lead to the person whose privacy should be protected. For documents to be withheld, DRR requires the date, author, recipient, and subject; a one-sentence description; and a practical reason to withhold. DRR and the legal staff will subsequently make the legal determination regarding the NRC's ability to withhold.

You are expected to give your full attention to these matters and are requested to bring any questions or concerns directly to the attention-of Joe Felton, Director, DRR at 492-7211 or Don Grimsley, Acting Chief, F.01/PA Branch, DRR at 492-8133.

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, Nunzio J. Palladino '

Chairman 2

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