ML19210B721
| ML19210B721 | |
| Person / Time | |
|---|---|
| Site: | Clinton, Zion, Black Fox File:ZionSolutions icon.png |
| Issue date: | 11/05/1979 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Penner P PRAIRIE ALLIANCE |
| Shared Package | |
| ML19210B722 | List: |
| References | |
| FOIA-79-414 NUDOCS 7911120169 | |
| Download: ML19210B721 (6) | |
Text
W L
b6 E[
'o, UNIT D STATES D
7.
NUCLEAR REGULATORY COMMISSION h
WASHINGTON, D. C.
1555
- /
November 5, 1979 Docket Nos. 50-461 and 50-462
!!r. Peter Penner Prairie Alliance, Law Division P.O. Box 2424 Station A IN RESPONSE REFER Champaign, IL 61820 TO F01A-79-414
Dear Mr. Penner:
This is in further respcnse to your letter dated September 26, 1979, in which you requested, pursuant to the Freedom of Information Act, copies of documents relating to the five items stated in your letter.
By letter dated October 15, 1979, issued by Mr. S. J. Wolfe, Esquire, you were provided with a response to item (2)(b) of your request.
As stated in Mr. Wolfe's letter, the Reed Report provided by the General Electric Company to the Atomic Safety and Licensing Board in the Black Fox Proceeding was made available to the Board under a Protective Order, and is not available to the public.
Your contention, as stated in the September 26, 1979 letter, that "the two responses I received from you, dated 6/11/79 and 6/30/79, were responsive only to items numbered 2-4 in that request", is not correct.
Our two responses to you were addressed to all documents subject to your F0IA request submitted under "F0IA-79-168", the number we assigned to your request.
Our statement in the last paragraph of our letter to you dated June 30, 1979, which read:
"This reply completes our response to your request", was intended to convey to you the fact that we had exhausted our search for documents subject to your request, which previously had not been made available to the public either at the NRC Public Document Room (PDR), 1717 H Street, N.W., Washington, DC, or at the NRC Local Public Document Room (LPDR) for the Clinton plant Units 1 and 2 located in the Vespasian Warner Public Library,120 West Johnson Street, Clinton, Illinois.
(Mrs. M. Evans, Librarian, (217) 935-5174).
With respect to item (1) of your request, document 39 of Appendix A is an excerpt from the Draft Environmental Statement related to operation of the Virgil C. Suniner Nuclear Station (pages 6-1 through 6-5 of NUREG-0534 of June 1979).
Regarding WASH-1400 and Clinton Units 1 and 2, there are no documents containing information to the effect of the NRC partial repudiation of WASH-1400 on Clinton Units 1 and 2 arising from the re-assessment of WASH-1400 reliance as a bases for licensing criteria in light of the Lewis Report.
1313 126 t M 112016 "f
With respect to item (2)(a) of your request, documents 1 through 38 of Appendix A relate to matters addressed in the Reed Report which is withheld from public disclosure pursuant to the Protective Order previously mentioned.
With respect to item (3) of your request, we replied to you in item 8, Appendix A of our letter to you dated June 11, 1979 as follows:
"8.
(Date not available) Appendix A, Revision 1 to Task Action Pign for Generic Tasks.
A.
Note: This document is an appendix to the testimony of M. B. Aycock, Lawrence P. Crocker, and Cecil 0. Thomas.
The testimony and appendix documents are contained in the files of Docket Nos. 50-556 and 50-557 for the Black Fox Nuclear Power Reactor Units 1 and 2, respectively.
These files are available for public inspection and copying at the NRC Public Document Room located at 1717 H Street, N.W., Washington, DC and at the Local Public Document Room for the Black Fox facilities located at the Tulsa City-County Library, 400 Civic Center, Tulsa, Oklahoma.
B.
A copy may be purchased from the NRCPDR
- for the charges specified in 10 CFR, Part 9.14(a) - i.e., @ $0.08 per page copied."
With respect to item (4) of your request, document 41 of Appendix A is a Memorandum and Order by the NRC Commissioners in the matter of Offshore Power Systems, dated September 14,1979 (see particularly pages 9 and 10). At the present time there are no documents pertaining to the effect of the recent NRC staff position that the accident at Three hile Island was a Class 9 accident on construction permit and operating license granting, suspension, modification, or revocation criteria.
Document 40 is a document regarding the referenced staff position relating to the TMI-2 event to a Class 9 accident.
With respect to items (1), (2)(a), and (4), please be advised that a request made pursuant to the Freedom of Information Act applies only to records in the possession of the agency on the date the request was received.
Since your request may pertain to records which may be created at some future date, the F0IA is not applicable.
You may wish to resubmit your request at some future date after which time we will be pleased to respond further.
1313 127
Copies of the documents listed in Appendix A are enclosed, and copies are being placed in the PDR and LPDR.
This completes action on your request.
Sincerely,
/
.s,
/ J. M. Felton, Director
/'/
Division of Rules and Records Office of Administration
Enclosures:
As stated
)b\\b
LtG 6C(yG
[
Re:
F01A-79-414 SU
'lf2s l
APPENDIX A U
1.
April 25, 1974, Memoranc'um, Atomic Safety and Licensing Appeal Board, pagesf (Zion Station, Units 1 and 2) Docket re: Commonwealth Edison Companv Nos. 50-295 and 50-304 (9 2.
February 18, 23, 24, and March 2 and 4, 1976, JOINT COMMllTEE ON ATOMIC ENERGY C0"GRESS OF THE UNITED STATES (INVESTIGATION OF CHARGES RELATING TO NUCLEAR REACTOR SAFETY) Volume 1, pages186-196 and 314-315 (14 pages) 3.
February 18, 23, and 24 and March 2 and 4, 1976, JOINT COMMITTEE ON ATOMIC ENERGY CONGRESS OF THE UNITED STATES (INVESTIGATION OF CHARGES RELATING TO NUCLEAR REACTOR SAFETY) Volume 2, pages 1495-1497 (5 pages) 4.
July 29, 1976, Decision, Atomic Safety and Licensing Appeal Boarci, re:
Illinois Power Company (Clinton Power Station, Unit Nos. I and 2) Docket Nos. 50-461 and 50-462 (5 pages) 5.
May 5, 1978 T0: Andrew T. Dalton, Jr., Esquire FROM: L. Dow Davis (1 page) 6.
June 2, 1978, T0: Ilene P Younghein, FROM: Milton J. Crossman a.
June 2, 1978, TO: Joseph Hendrie, Chairman FROM: Ilene Younghein
Subject:
Black Fox STN 50-556 and 50-557 (12 pages) 7.
June 20, 1978, NOTE T0: Roger Boyd FROM: L. Dow Davis Re: THE REED REPORT (1 pg.)
8.
June 23, 1978, MFMORANDUM FOR: L. Dow Davis FROM: D. D. Vassallo,
Subject:
REED REPORT (1 page) 9.
July 10,1978, T0: Dr. Glenn Sherwood FROM: Roger Mattson, Director (2 pages)
- 10. October 18, 1978 10: T. Rognald Dankmeyer FROM: John R. Woodard Docket Nos.
STN 50-556 and 50-557 (1 page)
Fox Station Units 1 and 2) Docket No. STN 50-556 and 50-557 (3 pages
- 11. October 18, 1978 T0: General Electric Company FROM: Sheldon J. Wolfe 12.
October 30, 1978, General Electric Motion to Quash Intervenor's Subpoena Dated 18,(1978 (Black Fox Stations, Units 1 and 2) Docket Nos. STN 50-55 October 3 pages) and 50-557 13.
October 30, 1978, MEMORANDUM IN SUPPORT OF GENERAL ELECTRIC MOTION TO QUASH (Black Fox Stationc Units 1 and 2) Docket Nos. STN 50-556 and STN 50-557 (47 pgs) a.
February 25, 1976, Attachment 4 to Section II.D By: Ben C. Ruche pages 883-884 (2 pages) b.
February 29, 1978, Affidavit of Robert M. Ketchel Docket Nos. STN 50-556 and 50-557 (2 pages) c.
March 6, 1978 T0: Dr. Sherwocd FROM: Roger J. Mattson, Director (2 pages) d.
March 22, 1978, T0: Dr. Roger J. Mattson, Director FROM: Glenn G.
Sherwood, Manager
SUBJECT:
Request for Reed Report Information (5 pages) 1313 127
e.
May 26, 1978 T0:
General Electric Company FROM: Glenn Sherwood
SUBJECT:
Request for Reed Report Information (5 pages) f.
July 10, 1978, T0:
Dr. Glenn Sherwood FROM:
Roger J. Mattson, Director SUBJECT Request for withholding Information from Public Disclosure (2 pgs.)
9 October 27, 1978 Affidavit of Glenn G. Sherwood (5 pages) h.
October 30, 1978 Certificate of Service Docket Nos. STN 50-556 and STN 50-557 (2 pages)
- i. October 30, 1978 Notice of Special Appearance, Goerge L. Edgar, Docket Nos.
STN 50-556 and STN 50-557(2pages)
- j. October 30, 1978 Notice of Special Appearance, Kevin P. Galler, ' acket Nos.
STN-50-556 and STN 50-557 (2 pages) 14.
October 30, 1978 Before the Atomic Safety and Licensing Board -- NRC Staff Response to General Electric Motion to Quash Intervenor's Subpoena, Docket Nos.
STN 50-556 and STN 50-557 (14 pages)
- 15. May 1978 NUREG-0371 Task Action Plans for Generic Activities Category A (est. 210) pgs 16.
November 6,1978, Before the Atomic Safety and Licensing Board -- Affidavit of Vaughn L. Conrad. Docket Nos. STN 50-556 and STN 50-557 (10 pages) 17.
November 7,1978, Before the Atomic Safety and Licensing Board -- Applicants' Brief in Support of General Electric's Motion to Quash Subpoena, Docket Nos.
STN 50-556 and STN 50-557(23pages) 18.
Novem. 7,1978, Before the Atomic Safety and Licensing Board -- Intervenors' Response to General Electric Company's Motion to Quash Docket Nos. STN 50-556 and STN 50-557 (29 pages) 19.
November 13, 1978 Before the Atomic Safety and Licensing Board _ -- Intervenors' Motion to Reply to Applichnt's Brief in Support of General Electric's Motion to Quash Subpoena, Docket Nos. STN 50-556 and STN 50-557 (5 pages) 20.
January 2,1979 letter to Sheldon J. Wolfe, Frederick Shon, and Paul W. Purdom from George L. Edgar re: Application of Public Service Company of Oklahoma, Associated Electric Cooperative, Inc. and Western Farmers Electric Cooperative, with attachment A (Agreement Regarding disclosure of Confidential Commercial Information) Docket Nos. STN 50-556 and STN 50-557 (11 pages) 1313
,'30
- 21. January 3,1979 letter to Sheldon Wolfe, F. Shon, and P. Purdor from George Edgar Docket Nos. STN 50-556 and STN 50-557 (attachment Certificate of Service)
(4 pages)
- 22. January 4,1979 letter to S. J. Wolfe, F. J. Shon, and P. W. Purdom from George L. Edgar Docket No. STN 50-556 and STN 50-557 (attaching Protective Order and Agreemant Regarding Disclosure of Confidential Comercial Information)
(12 pages)
- 23. January 5,1979, Protective Order Docket Nos. STN 50-556 and STN 50-557(7pages) 24.
Undated Agreement as to Disclosure of Confidential Comercial Information (5 pgs) 25.
February 14, 1979, letter to G. Edgar from L. Dow Davis with enclosures: Agreemen Regarding Disclosure of Confidential Information by Cecil 0. Thomas, Jr., Docket Nos. STN 50-556 and 50-557 (9 pages)
- 26. March 22, J.,979, letter to S. Wolfe, F. Shon, and P. Purdom from L. Dow Davis (witho*0t enclosure) (2 pages)
- 27. March 23,1979, letter to Brian D. Hunt from Sheldon J. Wolfe (F01A-79-51) (2 pgs)
- 28. March 26,1979, letter to Donna R. Hooper from H. K. Shapar (1 page)
- 29. March 28, 1979, letter to S. Wolfe, F. Shon, and P. Purdom from George L.
Edgar (6 pages)
- 30. April 2,1979, Before the Atomic Safety and Licensing Board, ORDER Docket Nos.
STN 50-556 and STN 50-557 (1 page )
31. April 12 1979,.Before the Atomic Safety and Licensing Board, ORDER Docket Nos.
STN50-5$6andSTN 50-557 (2 pages)
- 32. April 12 1979, Before the Atomic Safety and Licensing Board, ORDER Docket Nos.
STN50-5$6CPand50-557CP(5pages)
~
- 33. April 13,1979, letter to S. Wolfe, F. Shon, and P. Purdom from CeorSe Edgar (4 pg
- 34. April 18,1979, letter to S. Wolfe, F. Shon, and P. Purdom from George Edgar (2 pg
- 35. April 19,1979, letter to G. Edgar from S. Wolfe (1 page) 36.
April 18,1979, letter to G. Edgar from L. Dow Davis with enclosures - Agreement Regarding Disclosure of Confidential Information by Lawrence P. Crocket; Michael B. Aycock, Kazimeras M. Campe, killiam D. Paton; and John A. Kudrick, Mel B.
Fields (17 pages) 37.
May 30,1979, Before the Atomic Safety and Licensing Board, Certification to the Comission (8 pages)
- 38. Significant Event, Black Fox, Units 1 and 2 (1 page)
- 39. June 1979 NUREG-0534 Virgil C. Summer Nuclear Station Unit No.1 (6 pages)
Note to Guy H. Cunnin9 am III from Roger J. Mattson attaching h
- 40. August 16, 1979, Response to the Salem Spent Fuel Pool Board Question on Class 9 Accidents. (4 pgs) 41.
September 14, 1979, Memorandum and Order Docket No. STN 50-437 (10 pages) 1313 131 O
f 1
0
/1/b Q
Prairie Alliance Law Division P. O. Box 2424--Station A Champaign, Illinois 61820 September 26, 1979 FREEDOM OF INFORMATION Mr. J. M. Fciton, Director ACT kEQUEST b [/)'[hg/{
Division of Rules and Records Office of Administration Nuclear Regulatory Commission N b/ '(/' / 6 y
,Y/
Washington, D.C.
20555
Dear Mr. Felton:
This Freedom of Information Act request is a follow-up to my previous request, FOIA-79-168, dated May 4, 1979.
The two responses I received from you, dated 6/11/79 and 6/30/79, were responsive only to items numbered 2-4 in that request.
In addition, you forwarded a ?'st of documents generally related to post-Lewis Report use of Wash-1410 by the NRC staff.
In order to fulfill my previous request and gain additional information, I am now writing to request the following:
(1) A copy of information stated in paragraph number (1) of my May 4, 1979 request (FOIA-79-168), i.e., NRC documents specifically related to the effect of the NRC partial repudiation of Wash-1400 on the Clinton Units I and II (Docket #70-461 and 70-462).
In other word s, I wish to receive a copy of documents containing information with regard to the NRC staff review of the existing plant licenses for Clinton Unite I and II arising from the re-assessment of Wash-1400 reliance as a basis for licensing criteria in light of the Lewis Report.
(2)(a) A copy of NRC documents relating to a study done by General Electric--known as the Reid Report--which discusses unresolved safety problems of Boiling Water Reactors manufactured by General Electric, such as the one at the Black Fox facility.
As in the previous request, I would especially like copies of NRC documents utilizing and/or discussing the Reid Report information _in,its j
application g licensing and other NRC review of Clinton Units I and II.
(2)(b)
In this regard, I also request a copy of the Reid Report itself.
(
(3) A copy of Appendix A, Revision 1 to Task Action Plan for Generic
,f Tasks contained in the files of Docket #50-556 and #50-557.
g(
(This is an appendix to the testimony of Mssrs. Aycock, Crocker and Thomas.)
t ii
\\
.\\
.r' -
'?
(4) Any NRC documents pertaining to the effect of the recent NRC staff position--that the accident at Three Mile Island was a class 9 (nine) accident--on construction permit and operating license granting, suspension, modification, or revocation criteria.
(I have enclosed a copy of a news article to specify this ruling.)
Once again, any documents relating the effects of this new position to the licensing process, including granting, suspension, modification, or revocation, for the Clinton reactors or other BWRs is also requested.
It would greatly facilitate our correspondence if you would specify your response to these requests by utilizing the corresponding paragraph n_abers from this letter.
In the unlikely event that copies of any of the requested information are denied, please describe the deleted material in detail and specify the statutory basis for the denial as well as your reasons for believing that the alleged statutory justification applies in this instance. This might help to avoid possibly unnecessary litigation at a future date.
I anticipate, however, that all of this information will be made available within the statutorily prescribed period.
I also request that any copying fees be waived since disclosure in this case certainly meets the statutory standard for waiver of fees:
"... furnishing Ithis] information can be considered as primarily benefiting the general public." 5 U.S.C. 5 522 (a) (4) (A).
I note in this regard that much of the requested information relates to general licensing criteria and as a member of a broad-based public interest organization, I intend to make this information known to all interested members of the public.
As provided for in the Act, I will expect to receive a reply within 10 (ten) working days.
If you have any questions regarding this request, please telephone me at this number:
(217) 384-4103.
S,ince, rely?')
)
/g/[v
. h __ -
Peter Penner Enclosure
} f)k
\\
._.~.....,=w
- ~
_ _- ~_... ~... w
\\
~ _ - _
_ _ _. :aa
- m..
~
r
" % p pqm p7q g
' ;f ' p
.s.
n#
a-
... M.
- 1 i
V O.
O P.(
Sunday Sun-Times, Septemoer 9,1979 12'
~
1,
\\
b Ay
\\
DecisWor MB a sy tigMen Ecisar liceng By Harlan Draeger for Three Mile 15tand "could do a lot of harm sue were expressed in a response by New Jer.
, A. DAVID ROSSIN, a r'uclear re<* arch cS
!! It isn't undone."
sey's Pub!!c Service Electric & Gas Co. It gineer for Commonwealth Edison. said he wrs The decision by federal experts that a Class Edison has seven operating reactors, six warned of a " sweeping precedent...la lically shocked by the NRC staff's "incomprehens!.
9 acddent occurred at the Thrte MMe Island more under construction and several more on affecting all pendIng cases [and perhaps those ble" position.
power plant apparently signals a r.ew turn in the drawing boards.
plants for which licenses have already been Is-
"This changes the whole definition of Cl--s the nauonal debate over nuclear power.
Nationwide, there are 70 fully licensed units sued]."
- 9 accidents." he said. "We've got tolate a '%
Critics of nuclear safety procedures say. and more than 120 requiring either construc.
Environmentalists selred on the NRC state-new class now-Class 10. This develop:n et they have gained fresh, powerful ammunition tion or operating permits.
ment as a "significant" new opening in their does open up new questions, detwnding et h to challenge licenses for existing and future For years, the federal gonrnment has used challenge to nuclear power,
, how the thing is interpreted. If it is a!! owed to ( ]
plants.
a range of numbers to rank possible accidents Greg Minor, one of three former General change the design basis [for reactors] then It They contend that the government, in con. at nuclear plants.
Electric Co. nuclear engineers who resigned will change the licensing process. But I don't fy.M gng an accident cI inat magritude for the Tile NRC STAf7 POSITION on Three Mile because of safety concerns, said he was sur. think it should."
imt we_ r@sigsure Inst an um wt Island came up indirectly in connection with prised by the decision.
Nuclear critic Catherine Quigg, of Pollution and Environmental Problems in suburban E
)
' withstand them.
proposed expansion of spent fuel storage at a
. n tums of de l.icusing pmuss, it reaHy
")issTa'5Fidents are those in which the New Jersey nuc! car plant. There, the licensing Palatine, s.ud: "We have been told a Class 9 says 2ne are not adequate _st e,to mtu,t accident can't happen. Now we know a
consequences are " trivial." Class 8 accidents
. board formally asked the NRC staff whether are " design basis" events-the worst possibill-the Petasylvania accident fellinto the Class 9 ~the health and safety of he pn Therefore, all reactors will have to be ewn..
d Mi-wr, a consu1 tant fu intuvmors in me New ties that plant safety equipment is designed to ct'egory. Its response-ined for their~capabmty of withstandmg a neredib e, Exclusion of Class 9 accidats as u.iss u accment.
control. Class 9 accidents involve a series of "WMle the release 'of radlosctive material usey cas by er expniace.,n Ingu is substantiated nut Dean liansell, who handles nuclear Issues A rd
[
an successive plant failures "more severe" than to the off-site population was very small, the those for.which plant safeguards are designed. staff nonetheless concludes that the accident for Illinois Atty. Gen. William J. Scott, said i
UNTIL NOW, evidence about the possnsility
.a.t Three Mile Idand was a Class 9 accident."
Minor foresees an immediate evaluation of the NRC stance would make it impossible for of a Class 9 accident has been excluded from
- Ihe response was written by Roger J. Matt. existing reactors and "more stringent"licens-any cost-benefit ratio to favor locating nuc! car g, -- a son, hnd of an NRC task force looking into Ing standards in the lon2 run.
plants near major urban areas.
License proceedings for nuclear reactors.
I h mM-
'.= ". p
'G' Chances of such an event were considered too
'r-3,w :. n
.7, > :
.f r.e, s t
s remote for consideration in license reviews.
.NRC staff experts said there is no speelfic
*o
.t
,y '
3-But a little-nc,ticed statement two weeks.d{finition of a Class 9 accident. But they said
- ., 4
, ;., - g N, g,;. _ 4
.y g;.
,a g g,p, i
ago by the staff of the Nuclear Regulatory the -ourts and NRC appeal boards generally
,..s j,;
,(
y'.
, g. l.j s-7 g, 3. e,j,cf.,. ;.
,i s,
}
hold that it must involve simultaneous failures 3.Q
,sl m Vf,.(.-
- ]),.g : q
,. ((] j,,,,1.
.,,.q,.
l-Commission put the Three Mile Island acci-oa or "numnas safety systens la pown dent near liarrisburg. Pa., in the Class 9 cate-
,, y I 'I' Mattson said the Three Mlle Island break-ar f*N#)bSa.gh.U N-if I ^. h i !
S % *2 >, fa k'M a
~
h.M D Frank Ingram, NRC spokesman in Washing. down involved "a sequence of three succes-
\\' N V ' M M't, &
J.* M ton, said it's "too early to tell" how tne desig-sive failures" more severe than those for
.. ;! t N c 2 "$ # - l..[,'S,$ -[E a 4,
- 'i i
4
.C G!W O.,' 0*t-J '< ' I i. 0 A '. b p..
nation might affect licensing. Top NRC offl* which plant safeguards were designed.
' $ ;*.
- Vg.5.,' % y$,pe M cials were not available for comment Friday.
Mattson emphasized that the radiological C r.
9j
.'M.,I p -?. G ' h Industry representatives were surprised by " consequences" were within the plant's de-
.~
J-i b((1. I' : @( V
'T
' 4. 9.'i ;/-
W 3n
',l 9,'<'V.
the decision and fully expect nuclear foes to sign standards. IIe said the accident quallfles jy Y
C-q'J^
f st*~
- possible, rather than actual, radiological con- ?.;. ',((N,)%Q'.".9,,r-w take the most of it. But they said it will not as a Class 9 event only from the standpoint of f~.'
.V-Al'
} S.. ] [.3.. -Sji g v 7.~ 'g M ' ?-[
.'4 ]a
',~,'?,* '
i
'-[
d 4
enessarily !ay new ground rules for IIcenses.
l In Chicago, a spokesman for Common. sequences."
%~
'.*r
[
"y penhh Edison Co. said the Class 9 designation UTILITY WORRIES ABOUT the Class 9 !sf ;.,, >3 m,
n.
..q -
.. ' f.
.5
- -i i.,,
g.
5 -
g f.,( y,
}
,4-f
- g.
1 p;
.i
] s- '..,
$,3
- Q.
/-
, _ l{.
s;.,-
4.
s,,
1
..w.
u-y
..c v,
b
/.
i
.r
qg,
. ik
/ -
j w
z., -
n.
m e n 2< v.2:n..
., w,,Qs
- %;.m.
9 :v
-e,,,.
/~ w n :,
- w-Hu
.,v,
.s o
..'= q
<~ - -b Q
- W} *,
e Q ;p-
[ w.c.,,a %, $.jp..,,,13 i,7 %.,/{.MA.i.,.9.e N$.a,*Mpgw.:./ws2 dd 4.d.-
b
.g:
- MIM Ie g
p
- 9 J.:
- 1..
lA' h?
b i b er-1