ML17158C175
| ML17158C175 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 05/29/1997 |
| From: | Hehl C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Byram R PENNSYLVANIA POWER & LIGHT CO. |
| References | |
| EA-97-139, NUDOCS 9706060222 | |
| Download: ML17158C175 (6) | |
Text
CATEGORY REGULA 'ORY INFORMATION DISTRIBUTIO SYSTEM (RIDS)
ACCESSION NBR:9706060222 DOC.DATE: 97/05/29 NOTARIZED: NO DOCKET ¹ FACIE:50-387 Susquehanna Steam Electric Station, Unit 1, Pennsylva 05000387 50-388 Susquehanna Steam Electric Station, Un1t 2, Pennsylva 05000',R8 AU".ri. NAME AUTHOR AFFILIATION HEHL,C.W.
Region 1 (Post 820201)
RECIP,NAME RECIPIENT AFFILIATION BYRAM,R.G.
Pennsylvania Power
& Light Co.
SUBJECT:
Responds to 970516 ltr re NRC RAI re licensee evaluation of alleged violation of 10CFR50.7
& effect event might have on employees to raise safety issues. Submitted info requested to be withheld from public disclosure. Request den'.ed.
DISTRIBUTION CODE:
IE01D COPIES RECEIVED:LTR ENCL SIZE:
TITLE: General (50.Dkt)-Insp Rept/Notice of Violation R sponse NOTES:
RECIPIENT ID CODE/NAME PD1-2 PD COPIES LTTR ENCL RECIPIENT ID CODE/NAME POSLUSNY,C COPIES LTTR ENCL E
05000387 G
INTERNAL: ACRS FILE CENTER NRR/DRPM/PERB OE DIR
'RGN1 FILE 01 EXTERNAL: LITCO BRYCE,J H
NRC PDR NOTES:
AEOD/SPD/RAB DEDRO NRR/DISP/PIPB NRR/DRPM/PECB NUDOCS-ABSTRACT OGC/HDS2 NOAC NUDOCS FULLTEXT D
M E
NOTE TO ALL "RIDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE,!
CONTACT THE DOCLMEN CONTROL DESK, ROOM OWFN SD-5(EXT. 415-2083) 0 ELIM NATE YOUR N
~'.E FROM DISTRIBUTION LISTS FOR DOCUMFNTS YOU DON'T NEED!
TOTAL NUMBER OF COPIES REQUIRED:
LTTR 21 ENCL
Hay 29, 1997 Mr. Robert G. Byram Senior Vice President Generation and Chief Nuclear Officer Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101-1179
SUBJECT:
PUBLIC DISCLOSURE DETERMINATION REGARDING SUSQUEHANNA STEAM ELECTRIC STATION RESPONSE TO NRC REQUEST FOR ADDITIONALINFORMATION REGARDING EA NO.97-139
Dear Mr. Byram:
This is in response to your letter of May 16, 1997 ("PP&L Response" ).
PP&L's Response addresses an NRC request for additional information regarding PP&L's evaluation of an alleged violation of 10 CFR 50.7 and the potential chilling effect such events might have on the willingness of other employees to raise safety issues.
Among other things, in PP&L's Response it is stated that the submitted information should be considered exempt from mandatory public disclosure, pursuant to 10 C.F.R. 2.790.
In the affidavit attached to your letter you request that the PP&L Response be withheld from public disclosure under the provisions of 10 C.F.R. 2.790(a)(4), (a)(6) and (a)(7)(iii) for the following reasons:
1.
The PP&L Response contains the results of internal investigative activities that constitute confidential commercial information.
2.
The information has been held in confidence by PP&L. To the extent that PP&L has shared this information with others, it has done so on a confidential basis.
3.
There is a rational basis for holding information in confidence.
Confidential treatment of such information encourages frank and open internal investigations.
4.
Disclosure of the PP&L Response would result in the details of the internal investigation being revealed.
Such disclosure would adversely affect the future
~ effectiveness of the Company's ability to investigate potential wrongdoing by its employees.
5.
The employees interviewed did not expect publication of the results of their interviews to the public.
6.
Individual employees would be reluctant to candidly discuss matters with the Auditing Department and other individuals conducting investigations which would in turn undermine the employees'rust in PP&L's internal auditors and other investigators.
9706060222 970529 PDR ADOCK 05000387 8
PDR IIIIIIIIIIIIIIIIIIIIIIIIIII/IIIIIIIIIIII
Mr. Robert G. Byram 7.
The PP&L Response also involves personal privacy issues, the disclosure of which could unreasonably harm individual employees.
8.
Public disclosure of the PP&L Response would cause substantial harm to the competitive position of PP&L because such information could be used by others to harm it and thereby gain a competitive advantage over it.
We reviewed your letter in accordance with the requirements of 10 CFR 2.790.
We have also consulted with our Regional Counsel on this matter.
Regarding your request pursuant to section 2.790(a)(7), the staff denies your request because that section applies only to investigations by agencies involved in law enforcement.
Additionally, we did not find that the PP&L Response includes trade secrets or proprietary commercial information, as stated in 2.790(a)(4).
Section 2.790(a)(6) exempts from public disclosure "[p]ersonnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy."
In deciding whether certain materials should be withheld from public disclosure, it is appropriate to segregate information which must be withheld from information which may be released.
See 10 CFR 2.790(a)
~
We have carefully reviewed your request and the information contained in your letter and have concluded that you have not provided a sufficient basis for withholding the PP&L response.
However, you may submit additional information to support your withholding request or you may wish to consider identifying portions of the letter which you consider withholdable pursuant to section 2.790(a)(6) by "bracketing" the specific information to be withheld on a clean copy of the letter and also providing a nonproprietary version with the information redacted.
Any additional information and requests must be submitted within thirty days of the date of this letter. Absent receipt of additional information supporting PP&L's request to withhold the document for public disclosure, at the conclusion of the 30 days, the subject document will be placed in the Public Document Rooms.
If you have any questions regarding the disclosure of the information, please contact J.
Bradley Fewell, Regional Counsel, at (610) 337-5301
~
Sincerely, ORIGINAL SIGNED BY:
Charles W. Hehl, Director Division of Reactor Projects Docket Nos.
50-387;50-388 License Nos:
Mr. Robert G. Byram cc w/encl:
G. T. Jones, Vice President
- Nuclear Operations G. Kuczynski, Plant Manager J. M. Kenny, Supervisor, Nuclear Licensing G. D. Miller, Manager - Nuclear Engineering R. R. Wehry, Nuclear Licensing M. M. Urioste, Nuclear Services Manager, General Electric C. D. Lopes, Manager - Nuclear Security W. Burchill, Manager, Nuclear Safety Assessment H. D. Woodeshick, Special Office of the President J. C. Tilton, III, Allegheny Electric Cooperative, Inc.
Commonwealth of Pennsylvania
Mr. Robert G. Byram Distribution w/encl:
Region I Docket Room (with concurrences)
Nuclear Safety Information Center (NSIC)
K. Gallagher, DRP D. Screnci, PAO NRC Resident Inspector PUBLIC Distribution w/encl: (Via E-Mail)
W. Dean, OEDO C. Poslusny, Project Manager, NRR J. Stolz, PDI-2, NRR Inspection Program Branch, NRR (IPAS)
R. Correia, NRR F. Talbot, NRR DOCDESK DOCUMENT NAME:g: branch4>2-790res.sus To receive e copy of this do
. Indicate in the box:
C Co without ettechment/enclosure E
Copy with ettechment/enclosure N
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RI:RC BFew RI:DRP DATE 05/28/97 y <
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