IA-88-287, Final Response to FOIA Request for Documents.Forwards App J & Releasable Portions of App K Documents.Subj Documents Also Available in Pdr.App L & Portions of App K Documents Withheld (Ref FOIA Exemption 5)

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Final Response to FOIA Request for Documents.Forwards App J & Releasable Portions of App K Documents.Subj Documents Also Available in Pdr.App L & Portions of App K Documents Withheld (Ref FOIA Exemption 5)
ML20236E010
Person / Time
Site: Pilgrim
Issue date: 03/21/1989
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Carreybeaver
MASSACHUSETTS, COMMONWEALTH OF
Shared Package
ML20235A915 List:
References
FOIA-88-285, FOIA-88-286, FOIA-88-287 NUDOCS 8903230405
Download: ML20236E010 (5)
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PART l.- ACENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)

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No agency records subsect to the request have been located.

No additional egency records sub)ect to the request have been located.

Requested records are available through another pubhc distnbution program. See Comments Section.

l Agency records subject to the request that are ident f ed on Appenda(es) are already available for public mspection and copymg in the NRC Public Occument Room 2120 L Street N.W., Washmgton OC 20556 A0ency records subsect to the request that are adentihed on Appendialest are bemg made available for pubhc inspecten and copying m the NRC Public Document Room. 2120 L Street. N.W.. Washmgton. OC m a folder under this FOIA number and requester name.

The nonproprietary versHan of the proposal (s) that you agreed to accept m a telepbc.no conversation with a member of my staff is now bemg made available for public inspection end copying at the NRC Pu%c Document Room 2120 L Street. N.W, Washmgton DC. m a folder unces this FOlA number and reovester name.

Agency records subsect to the request that are identehed on Appendizies)' may be inspected and copied at the NRC Local Pubhc Document Room identihed in the Comments Section Enclosed is mformation on how you may obtain access to and the charges for copymg records placed in the NRC Pubbc Document Room. 2120 L Street. N W .

Washmgton. DC.

Agency records subject to the request are enclosed.

Records subiect to the request have been referred to another Federal agencybes) for review and direct response to you.

NRC ser fees totakng $ '*

In view of NRC's responsa to this request, no further action is bemg taken on appeal letter dated . No.

PART 14. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certaen mformation m the requested records is bemo withheld from public disclosure pursuant to the esemptions destnbed m and for the reasons stated m Part 11 sections B. C. and D. Any released portions of the documents for which only part of the record is bemg withheld are being made available for pubhc mspection and copyeg in the NRC Pu%c Document Room. 2120 L Street. N W., Washegton. OC.m a folder under this FOIA number and requester name X .

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B903230405 890321 PDR FOIA CARREYBB.-285 PDR

FOlA - yf_a fr, MAR 211989 FREEDOM OF INFORMATION ACT RESPONSE FotA NUMBER (St DATE.

PART ll.8- APPUCA8LE EXEMPTIONS f p ,R TM, 79-AFf R$ cords subject to the request that are described on the enclosed Appendix (es) N are being withheld ist their entirety or in part undir the Exernptions and for the reasons set forth below pursuant to $ U S.C. 552(b) an 10 CFR 917(a) of NRC Regulations,-

1, The withheld mformation is property class.fied pursuant to Executive Order (EXEMPTION 11

2. The ethheld mformation relates soiety to the meernal personnel rules and procedures of NRC. (EXEMPTION 21 f l
3. The ethheld mformation is specifically exempted from public disclosure by statute mdicated (EXEMPTION 3)

Sections 141,145 of the Atomic Energy Act which prohebsts the disclosure of Restricted Data or Formerty Restncted Data 142 U S C 2161-21656 Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information (42 U S C. 2167).

4. The mthheld information is a trade secret os commercial or fmancial mformation that es bemg withheld for the reasonis) indicated. (EXEMPTION di The mformat on 6s considered to be confidential busmess loropnetaryl eformation.

i The information is considered to be propnetary information pursuant to 10 CFR 2.790(dilli l

The mformation was subm tted and received m confidence pursuant to 10 CFR 2 790idit2)

5. The wrthheld information consists of eteragency or mtraagency records that are not available through discovery durmg istigation. (EXEMPTION 51 Apprecable Pnvilge.

Dehberative Process: Disclosure of predecisional mformation would tend to mhibit the open and frank enchange of #deas essential to the dehberative process.

Where records are withheld m their enterety, the facts are mestricably mtertwmed with the predecisionalinformation There also are no reasonabiy stJtegable f actual portens because the release of the f acts would permit an indirect equiry mio the predecisional process of the agency Attorney work product pnvilege IOocuments prepred by an attorney in contemplation or htigation i Attorney -chent privilege (Confidential commun4 cations between an attorney and his her chent l

6. The withheld mformation is esempted from pubhc disclosure because its disclosure would result m a clearly unwarranted evasion of personal privacy (EXEMPTION 61
7. The withheld mformation Consists of records compiled for law enforcement purposes arrt is being withheld for the reason (s) mdscated. IEXEMPTION 71 Disclosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope. direction, and focus of en-forcement ef forts. and thus could possibly allow them to take action to sh. eld potential weongdoing or a violation of NRC requirements from investigators EXEMPTION 7 lAn

_. Disclosure would constitute an unwarranted mvasion of personal pnvacy (EXEMPfl0N 7(Cil The mformation consists of names of indeviduafs and other information the disclosure of which could reasonably be exoected to revealidentities of confidential sources (EXEMPTION 7 (On OTHER PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25tbt and'or 9 25 tcl of the U S Nuclear Regulatory Commission regulations. it has t,een determined that the mformation withheld is esempt from producbon or disclosure. and that its production or disclosure is contrary to the pubhc mterest The persons responsible for the denial are those of ficials identif+ed below as denymg of ficials and the Director. Division of Freedom of information and Publications Services Of fece of AdrPnsstration and Resources Management, for any i danials that may be appe ssled to the Executive Director for Operations (E001 l OENYING OFFICIAL TITLE / OFFICE RECOROS DENIED APPELLATE OFFICIAL l SECRETARY E00 Eh l

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PART 11. D- APPEAL RIGHTS The densat by each denyng of ficial identified in Part II.C may be appealed to the Appettate Officialidentified m that section. Any such appeal must be in writmg and must t> made withe 30 days of receipt of thes response Appeals must be addressed as appropnote to the Executive Director for Operations or to the Secretary of the Commission.

U S. NucIw Regulatory Commission Washington, OC 20555, and should ctearty state on the envtrlope and in the letter that it is an " Appeal from an initial FotA Decision /

N74C FORM 464 (Part 2) U.S. NUCLEAR REGULATORY COMMIS$40N FOtA RESPONSE CONTINUATION

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b TH COMMONWEALTH OF MASSAC ISETTS h3 v

DEPARTMENT OF THE ATTORNEY GENERAL F JOHN W. McCoAMACK STATE OFFICE BUILDING

  1. oNE ASH 8URToN PLACE. BOSTON 02108-1698 JAMES M SHANNoN l moann ot~ eau May 23, 1988 f EREEDOM 0F INFORMATION Donnie H. Grimsley  ;

Director, Division of Rules and Records T REQUEST Office of Administration and Resources Management O -[pe)/f United States Nuclear Regulatory Commission 7735 Old Georgetown Road #h[-2h f' Bethesda, MD 20814

Dear Mr. Grimsley:

This is a request under the Freedom of Information Act (FOIA), as amended 5 U.S.C. 552. t I hereby request all records concerning the NRC's review of Boston Edison Company's proposed Safety Enhancement Program for the Pilgrim Nuclear Power Station as described in Mr. R. G ~.

Bird's July 8, 1987 letter to Mr. Steven A. Varga. This request includes, but is not limited to, all documents -l exchanged between the NRC and Boston Edison Company on this subject, meeting memoranda, transcripts, and/or presentation i materials, and records of telephone conversations between NRC and Boston Edison Company.

I reserve the Attorney General's right to appeal the withholding or deletion of any material. j As authorized in the Nuclear Regulatory Commission's regulations at 10. C.F.R. S 9.41, we believe that furnishing these documents without charge to the Massachusetts Department of the Attorney General would be a governmental courtesy appropriate to this request, particularly given the importance of the documents sought and our limited budget.

As you know, the FOIA also authorizes you to reduce or waive fees when release of requested information would benefit the public interest. As Attorney General for the Commonwealth, we believe the information requested would clearly be in the public interest, and therefore the fees for searching and

! reproduction should be waived. The documents requested are for

! the Attorney General's review of the conduct of the Boston Edison Company during the outage of the Pilgrim Nuclear Power

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Plant. 'The Attorney General conducts such a; review regarding the reasonableness of the Company's actions as part'of his' representation of' Massachusetts consumers before the Massachusetts Department of Public-Utilities. Provision.of the

. requested-documents with~ waiver of fee will both facilitate this review-process.and-reduce the cost of providing this governmental service for Massachusetts citizens.

Based-on the above and on our limited budget,-I therefore request that.you waive any: fees. As'provided in 10-C.F.R. $

j 9.41, I reserve the Attorney General'a right:to' appeal any 1

denial of. fee waiver or reduction.

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L If you have any questions, please call me at 617-727-2265. Pursuant to.the FOIA, I-will expect a reply q within 10 working days.

Sincerely, h yf P k '?w .

Douglas G. Carrey-Beaver

, Assistant. Attorney General Utilities' Division Public Protection Bureau' (617) 727-2265 DC-B/cb 1

/A THE DMMONWEALTH OF MASSACI SETTS a.

f - ~ DEPARTMENT OF.THE ATTORNEY GENERAL JOHN W McConMACK ST ATE OFFICE BUILotN

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oNE ASHBUAf oN PLACE. BOSTON 02106 16 ,

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JAMES M SHANNoN anoastv cauta^' M y 23, 1988 NI #

l Donnie H. Grimsley ,

1 Director, Division of Rules and Records fME00M 0F INf0RMATl0!f Office of Administration and Resources Management . ACT REQUEST United States Nuclear Regulatory Commission 7735 Old Georgetown Road M *C Bethesda, MD 20814 /

Dear Mr. Grimsley:

This is a request under the Freedom of Information Act (FOIA), as amended 5 U.S.C. 552.

I hereby request all records concerning the Restart Plan (including all referenced appendices) submitted on-July 30, 1987 by Boston Edison Company to the NRC for the restart of the Pilg rim N'!<: lear Power Station. This request includes, but is not_ limited to, ~~all documents concWrl11'ng~the-NRC's~TeViW6f'

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the July 3 0, ~ i9 87 Res'ta r t"Pla n ~ ~a nd'~ af ll o f ~its subsequent -

revisions. Also included are all records exchanget between Region I and NRC headquarters personnel concerning the Restart Plan, records of telephone conversations between NRC and Boston Edison Company personnel concerning the matters addressed by the Restart Plan, and all records related to review teams assigned to review the Restart Plan and the physical plant (such as the Pilgrim Restart Panel and the Integreated Assessment Team).

I reserve the Attorney General's right to appeal the withholding or deletion of any material.

As authorized in the Nuclear Regulatory Commission's regulations at 10. C.F.R. S 9.41, we believe that furnishing these documents without charge to the Massachusetts Department of the Attorney General would be a governmental courtesy appropriate to this request, particularly given the importance of the documents sought and our limited budget.

As you know, the FOIA also authorizes you to reduce or waive fees when release of requested information would benefit the public interest. As Attorney General for the Commonwealth,

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we believe the information requested would clearly be in the public interest, and therefore the fees for searching and reproduction should be waived. The documents requested are for the Attorney General's review of the conduct of the Boston Edison Company during the outage of the Pilgrim Nuclear Power Plant. The Attorney General conducts such a review regarding l the reasonableness of the Company's actions as part of his

! representation of Massachusetts consumers before the Massachusetts Department of Pub'lic Utilities. Provision of the requested documents with waiver of fee will both facilitate this review process and reduce the cost of providing this governmental service for Massachusetts citizens.

Based on the above and on our limited budget, I therefore request that you waive any fees. As provided in 10 C.F.R. S 9.41, I reserve the Attorney General'a right to appeal any denial of fee waiver or reduction.

If you have any questions, please call me at 617-727-2265. Pursuant to the FOIA, I will expect a reply within 10 working days.

Sincerely, b

k.+p m fw Douglas G. Carrey-Beaver Assistant Attorney General Utilities Division Public Protection Bureau (617) 727-2265 DC-B/cb

TH~ COMMONWEALTH OF MASSAC .JSETTS DEPARTMENT OF THE ATTORNEY GENERAL

-[ JOHN W. MccoRMACK STATE OFFICE BUILDING E ONE ASHBURToN PLACE. BOSTON 02108-1698 - (

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JAMES M SHANNoN monun cest" May 23, 1988 ERE_EDOM Of INFORMATION -

Donnie H. Grimsley ACT REQUEST Director, Division of Rules and Records Office of Administration and. Resources Management kO M - [/ 9 [ [ I United States Nuclear Regulatory Commission 7735 Old Georgetown Road d [' 2 d* ~((

Bethesda, MD 20814 l

Dear Mr. Grimsley:

This is a request under the Freedom of Information Act (FOIA), as amended 5 U.S.C. 552.

I hereby request all records related to the supplementary Confirmatory Action Letter 86-10 issued by the NRC on August I 27, 1986. This request includes, but is not limited to, all j documents which served as input to the. final version of the August 27,1986 letter, all records exchanged between Region I J and flRC headquarters personnel concerning the matters raised in l the August 27, 1986 letter, records of telephone conversations j between NRC and Boston Edison Company personnel concerning the i matters raised in the August 27, 1986 letter and all drafts of I the August 27, 1986 letter.

l I reserve the Attorney General's right to appeal the l withholding or deletion of any material. l As authorized in the Nuclear Regulatory Commission's regulations at 10. C.F.R. S 9.41, we believe that furnishing these documentr. without charge to the Massachusetts Department of the Attorney General would be a governmental courtesy appropriate to this request, particularly given the importance of the documents sought and our limited budget.

As you know, the FOIA also authorizes you to reduce or l waive fees when release of requested information would benefit the public interest. As .sttorney General for the Commonwealth, we believe the information requested would clearly be in the public interest, and therefore the fees for searching and reproduction should be waived. The documents requested are for the Attorney General's review of the conduct of the Boston i

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l Edison Company during the outage of the Pilgrim Nuclear Power Plant. The Attorney General conducts such a review regarding_

the reasonableness of the Company's actions as part of his-l representation of_ Massachusetts consumers before the ..l Massachusetts' Department of Public Utilities.- Provision ofLthe {

requested documents with waiver of fee will both facilitate- l this review process and reduce the cost of providing this governmental service for Massachusetts citizens.  ;

Based on the above and on our limited-budget, I therefore request that you waive any fees. As provided in 10 C.F.R. S 9.41, I reserve the Attorney General'a right to appeal any L

t denial of fee waiver or reduction.

If you have any questions, please call.me at 617-727-2265. Pursuant to the FOIA, I will. expect a reply within 10 working days.

Sincerely, p sm - % ?

~

hor Douglas G. Carrey-Beaver-Assistant Attorney General  ;

Utilities Division  !

Public Protection Bureau  !

(617)'727-2265 4 i

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