ML20205H530

Responds to FOIA Request for Initial Draft Rept Prepared by P Connolly Re Allegations of Harassment & Discrimination Made by Auditors at Plant.Rept Withheld (Ref FOIA Exemption 5).Denial May Be Appealed within 30 Days

ML20205H530
Person / Time
Site:	Nine Mile Point
Issue date:	08/11/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	George Wilson WILSON, G.D.
References
FOIA-86-505 NUDOCS 8608200107
Download: ML20205H530 (1)

Text

.,

( POf-Ol6 o new M '9,; UNITED STATES

[\ g NUCLEAR REGULATORY COMMISSION 5 ;j WASHINGTON, D. C. 20555

%,,,, AUG 11 1986 Gary D. Wilson, Esquire 300 Erie Boulevard West IN RESPONSE REFER Syracuse, NY 13202 TO F01A-86-505

Dear Mr. Wilson:

This is in response to your letter dated June 27, 1986, in which you requested, pursuant to the Freedom of Information Act (FOIA), a copy of the Initial Draft Report prepared by Mr. Peter Connolly regarding allegations of harassment and discrimination made by auditors at Niagara Mohawk's Nine Mile Point Unit 2.

The Initial Draft Report is a draft that contains preliminary advice, opinions, and recommendations of members of the staff and is being 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. Release of this type of information would tend to inhibit the frank and candid exchange of information in future deliberations and 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 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure and that its production or diselosure is contrary to the public 3-interest. The person responsible for this denial is Mr. Ben B. Hayes, Director, Office of Investigations.

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 Commission, 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."

Sincerely, f./ w . . // ,/b, "-f Donnie H. Grimsley, Director Division of Rules and Records Office of Administration e6002001o7 e60011 PDR Qgo -SOS