ML20238B338

Final Response to FOIA Request for Documents,Including NUREG-1257 & Ofc of Inspector & Auditor Rept Re Plant. Forwards Documents Listed in Apps a & B.Portions of Documents Withheld (Ref FOIA Exemptions 6 & 7).W/o Encls

ML20238B338
Person / Time
Site:	Comanche Peak
Issue date:	08/19/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Real D DALLAS MORNING NEWS, DALLAS, TX
References
FOIA-86-840, RTR-NUREG-1257 NUDOCS 8708210240
Download: ML20238B338 (4)

Text

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RESPONSE TO FREEDOM OF X P'NAL . . . _ l l Paar:AL

\e..e ,/ - e INFORMATION ACT (FOIA) REQUEST dh an MUb i 6 7 DOCKET hvM8tRtSi att spawsw ReOVESTER Mr. David Real PART 1.-RECORDS RELEASED OR NOT LOCATED ISee checked bonest I No agency records subrect to the request have been located.

No additenal agency records subpset to the request have been located.

Agency records subsect to the request that are identified in Appends are already available for pubhc irupection and copying in the NRC Public Document Room, 1717 H Street N W., Washington, DC Agency records subsect to the request that are identified in Appendia are being made available for public inspection and copying in the NRC Public Documer't Room,1717 H Street, N W., Washington, DC. in a folder under this FOIA number and requester name. 1 The nonproprietary versson of the proposaus) that you agreed to accept in a telephone conversation with a member of my staff is now being made avaiable for pubhc inspectsor' and coying at the NRC Public Document Room,1717 H Street, N W , Washington DC, in a folder under this FOIA number and requester name.

y Enclosed is informaton on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

Agency records subject to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments secten.

Records subsect to the request have been referred to another Feders' agencybes) for review and direct response to you.

in view of NRC's response to this request, no furthee action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE ,

I Certain informaton in the requested records is being withheld from public disclosure pursuant to the FOlA enemptions described in and for the reasons stated in Part 11, sec- j X tions B, C, and D. Any released portons of the documents for which only part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N W., Washington. DC, en a folder under this FOIA number and requaster name.

Comments A copy of requested 01A Report 86-10 is enclosed. Portions of the report have been deleted, as noted on Part 2 of this form. In addition, we are enclosing copies of the two records identified on enclosed Appendix B. For your information, copies of the approximately 5,000 pages of attachments to the OIA Report and approximately 12,000 pages of references to NUREG-1257 are maintained in NRC's Public Document Room in the docket file for the Comanche Peak plant. A complete set of all of these records will also be available for inspection at Local Public Document Room collection which is maintained at the University of Texas at Arlington, 701 South Cooper, P. O. Box 19497, Arlington, Texas 76019.  ;

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8708210240 870819 PDR FOIA REAL86-840 PDR SIG AE. DIRECTOR. OfwSsON 5 ULES AND R . ss h=1&& C s .% ** 4 s ( *)

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERIS, F01A-86-840 CcE agg,n,_

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. PART ll B- APPLICABLE FOlA EXEMPTIONS '~ W Records subject to the request that are descnbed in the enclosed Appendices A ,,, se,ng withheld in their entirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 5(a) of M1C Regulations.

1. The withheld information is prope+, classified pu suant r to Executive Order 12356 IEXEMPTION 11

2. The withheld information relates solely to the internal personnel rules and procedures of NRC IEXEMPTION 21

3. The withheld information a specifically exempted from public declosure by statute endicated. (EXEMPTION 3)

Sectice 141145 of the Atomsc Energy Act wh+ch prohibits the disclosure of Restncted Data or Formerty Restncted Data (42 U S C. 216121fi5L Section 147 of the Atomic Energy Act which prohibits the desclosure of Unclassified Safeguards informaton t42 U S.C. 2167).

4. The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated: tEXEM* TION di The information % considered to be confidential business (propnetary) information.

The informaton is considered to be proprietary information pursuant to 10 CFR 2.790(dill).

The informaton was submrtted and received in confedence from a foreign source pursuant to 10 CFR 2.790id12t

5. The withheld information consists of interagency or intraagency records that are not available through discovery dunng litigation. Declosure of predecisonal information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, t*e facts are inextricably intertwined with the predecesonal informaton There also are no reasonably segregable factual portons because the release of the facts would permet an indirect inquiry into the predecisonal process of the agency. (EXEMPTnON 5)

6. The withheld informabon a exempted from public disclosure because its disclosure would result in a clearty unwseranted invason of personal pavacy. IEXEMPTION 6)

7. The withheld information consets of investigatory records compiled for law enforcement purposes and is being wethheld for the reason (s) indicred. (EXEMPTION 7)

Disclosure would interfere with en enforcement proceeding because it could reveal the scope, drection, and focus of enforcement efforts, anc thus could possibly allow them to take action to sheid potential wrongdoing or a violation of NRC requirements from instigators. (EXEMPTION 7tAh Osclosure would constitute an unwarranted invason of personal prr.acy (EXEMPTION 7(Cl)

The information consists of names of individuals and other informaton the disclosure of which would reveal identities of confidential sources tEXEMPTION 7tD))

PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and /or 9.15 of *he U S Nuclear Regulatory Commisson regulatons. it has been determined that the rformaton withheld e exempt fmm production or disclosure, and that its producten or dsclosure o contrary to the public interest. The persons responsible for the denial are those oncais identifed below as denying officials and the Director, Dev$ son of Rules and Records, Office of Administration, for any denials that may be appealed to the Executive Director for Operations #t.oot  ;

i DENYING OFFICIAL TITLE! OFFICE RECORDS DEN 4ED APPELLATE OFFICIAL l SE CRET Aa v foO Sharon R. Connelly Director, Office of Appendix A X

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Inspector and Auditor PART 11 D- APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section, Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or 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 rt is an " Appeal from an Initial FOIA Decision."

mc Fom and (Port 21 U.S. NUCLEAR REGULATORY COMMISSION

• esi FOIA RESPONSE CONTINUATION

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Re: FOIA-AF,-Ran >

APPENDIX A RECORDS PARTIALLY WITHHELD

1. 11/26/86 OIA Report 86-10 " Allegations of Misconduct by Region IV Management !

with Respect to the Comanche Peak Steam Electric Station".

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Pe: F01 A-86-840 APPENDIX B

1. Mar:n 1987 NUREG-1257, " Review of Issues Raised by OI A Report 36-10 Concerning the Comanche Peak Steam Electric Station: Report of the Comanche Peak Report Review Group". (Portions deleted)

2. 4/14/87 Memo to Chairman Zech from V. Stello, " Implementation of Recormlendat'ons of Comanche Peak Report Review Group". (Released in its entirety) i I

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