ML19325E889
| ML19325E889 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 11/06/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Jones N SHAW, PITTMAN, POTTS & TROWBRIDGE |
| Shared Package | |
| ML19325E890 | List: |
| References | |
| FOIA-89-284 SECY-86-322, NUDOCS 8911090330 | |
| Download: ML19325E889 (5) | |
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.8, NEGULATORY COMMesse0N wac somitous.st avuotmal Rln FOIA 284
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i RESPONSE TO FRE OldlOF Rwonea rm n=*t KXI raniat o
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INFORMATION ACT (FOIA) REQUEST NOV - 61989
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heOutstER Nancy K. Jones PART l.- AGENCY REC 00.DS RFLEASED OR NOT LOCATED (See checked bones) i i
No egency records outWt to the request have been located.
No addrtinnel egency recorde sub ect to the request have been located.
f Requested records are evenabit through another public dititnbuten program. See Comments Section.
Agency records sublect to the request that are identified on Appendaalest are already evadable for pubhc inspection and copymg m the NRC Public Document Room 2120 L Street. N W., Washmgton. DC 20666.
Agency records subrect to the request that are identified on Appendistest 9
are bemg made avadable for pubhc inspection and copyng m the l;
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NRC Pubhc Document Room, 2120 L Street, N.W., Washmgton, DC, m o folder under this FOIA number and requester name.
The nonpropr6etary version of the proposaltsi that you agreed to accept in a telephone conversation with a member of my staff is now bemg made available for puMc inspection and copymg at the NRC Pubhc Document Room 2120 L Street, N.W., Washington, DC, in a folder undes this FOIA number and requester name.
Agency records subsect to ttxe request that are 6dentified on Appendiales) may be inspected and copied at the NRC Local Pubhc Document Room identified in the Comments Secten.
Encioned is informaten on how you may obtam access to and the charges for copymg records placed m the NRC Pubhc Document Room, 2120 L Street, N W.,
Weehenaton, DC.
Agency records subpct to the request are enclosed.
Records subject k W request have been referred to another Federal egencylies) for review and direct response to you.
You wal be belled by the NRC for fees totahng $
in v6ew of NRC's response to this request, no further action is bemg taken on appealletter dated No.
PART 11. A-INFORMATION WITHHELD FROM PU6UC DISCLOSURE Certam information m the requested records is bemg withheld from pubhc desclosure pursuant to the enemptions described m and for the reasons stated m Part ll.
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- ". s. C. and D. Any r.ieas.d porimns of ih. documenis fo, wnich oniy pari of ih. record is bemg wiinheid are being made avsaabie fo, pubne inspect n.nd copymg in the NRC Pubhc Document Room 2120 L Street, N W., Washmgton, DC.in a folder under this FOI A number and requeus e name COMMENTS i
SiONpi
, DIRECTOR, DIVISI OF F DOM OF INFORMATION AND PUBLICATIONS SERVICES
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BY11090330 891106 PDR FOIA JONEB89-294 PDR
i- 'PREEDOM OF INFNMATION ACT RESPONSE rotA NUMBER (SI:
F OIA 284 o4TEh0V - 61989 '
PART u.S-APPLICA8LE EXEMPT 10 tis i.
E&F
. Recorde 4Ubject to the request that are described on the enclosed Appendsales) are Leing witlehold in their entirety or in part under the Esemptions and for the reesons set forth below pursuant to 6 U.S.C. 652tbl and 10 CFR 9.17tal of NRC Regulations -
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- 1. The wethhold informaten le property cleoedeed pursuant to Enocut6ve Order (EXEMPTIOld tl
- 2. The wtthheld information relates solely to the internal personnel rules and procedures of NRC (EXEMPTION 21
- 3. The withheid iniormation is specifically enempted from pubhc disclosure by statute indicated: (EXEMPTION 31 Sections 141 146 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerty Restricted Date 142 U $ C. 216121661.
q 5se. Jet 147 on the Atomic Energy Act which prohibits the disclosure of Unclassited Safeguards Information (42 U S C, 2167)
- 4. The withheld enformation is a trade secret or cceercial or fmancist informaten that is bemg withheld for the reasontal mdicated. (EXEMPTION 4)
The informaten is considered to be confidential busmess (proprietary) mformaten.
The mformation is cons +dered to be propretary mformation pursuant to 10 CFR 2.790sdull.
The information was submitted and received in confidence pursuant to 10 CFR 2.790tdH2).
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- 6. The withheld mformation consists of mteragency or mtraegency records that are not available through discovery durmg htigation. (EXEMPTION 61. Applicable Privilege.
Dehboratrve Process: Disclosure of predecisional anformation would tend to mhebit the open and frank enchange of ideas essential to tt.e deliberative process.
Where records are withheld en their entirety, the f acts are mentreably mtert*med with the predeCisional mformation. There also are no reasonably segregable factual X
porticas because the release of the f acts wouid peernai sa indireci mouiry into the predecisionai process of the agency.
Attorney work product privdege (Documents prepared by an attorney m contemptation of htigation I i
Attorney -chent privilege (Confidential comi.*unicatens between an attorney and his her client I i
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- 8. The withlwid informaten is enempted from pubhc disclosuie because its disclosure would result in a clearly unwarranted mvasion of persoral privacy. (EXEMPfl0N 6)
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- 7. The withheld information consists of records compiled for law enforcement purposes and is bemg withheld for the reason (s) indicated. (EXEMPTf0N 7)
Disclosure could reasonably be espected to mteriore with an enforcement proceeding because it could reveal the scope, directen, and focus of en.
X forcement offorts. and thus could possibly allow them to take acten to shield potential wrongJoing or a violaten of NRC recupements from mvestigators.
l EXf MPflON 7 IAli Disclosure would constitute en unwarranted invasion of personal privacy FXEMPTION 7(Cil j
The enformaten consists of names of mdividuals and other mformation the disclosure of which could reasonably be esoected to revealidentites of confidential sources IEXEMPTION 7100 OhtER l
PART H. C-DENYlNG OFFICIALS Pursuant to 10 CFR 9 25tbl and<or 9 25 tcl of the U S Nuclear Regulatory Commisteon regulatens, it has been determined that the mlormaten withheY se. enempt from production or disc'osure, and that its producten or disclosure is conteary to the pubhc enterest The persons responsible for the denial are those officiao identifed jj below as denyng of ficiais and the Director. Division of Freedom of Informaton and Pubhcations Services Offace of Admmistration and Resources Manageme t. for any derwals that may be appepted to the Emecutive Director for Operatens tEDOI DENYINO OFF6CIAL TITLEIOFFICE RECDRDS DENIED APPELLATE OFFICIAL hssistant decretary of tne SECRETARY EDO John C. Hoyle Commission E/1 X
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William T. Russell Regional Administrator Reg. I F/1s F/3s F/4 X
s James Lieberman Directa. Cffice of Enforcement F/2 X
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PART N. D-APPEAL RIGHTS i
The denial by each denying offcialidentified in Part fl.C may be oppealed to the Appettate Official identifed in that section. Any such appeal must be in wntog and must i
be ma $e withm 30 days of receipt of this response Appeals must be addressed as appropriate to the Executeve Director for Operations of to the Secretary of the Commission, j
U.S. Nuclear Regulatory Commission. Wash 6ngton, DC 20555, and should clearly state on the envelope and in the letter that it is en ** Appeal from an initial FOIA Decision."
NRC FORM 4e4 (Port 2)
U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION i
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I Re: F01A-89-284 APPENDIX D DOCUMENTS BtTNU'M XtTD IN THE PDR 1.
4/3/87 Memo from V. Stello to T. Murley and R. Natakas, subject: O!
and Region I Cooperation on Peach Bottom.
(1 page) 2.
5/21/87 Meno from W. Russell to S. Connelly, subject: Allegation of l
NRC Inspector Sleeping in Peach Bottom Control Roorr.
(2pages) 3.
2/4/88 Briefing of Haryland Congressional Delegation Regarding the Peach Bottom Atomic Power Station.
(9pages) 4.
7/13/88 Slide from Periodic Briefing on Status of Operating Reactors Commission Briefing.
(2pages) 5.
12/21/88 Slide from Periodic Briefing on Status of Operating Reactors.
(2pages)
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6/1/89 Slide from Periodic Briefing on Status of Operating Reaciors.
(2pages) 7.
Undated NRC Utility Management Failures.
(3pages) i t
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,e Re:
F01A-89-284 APPENDIX E DOCUMENT BETRU ETTRRELD IN PART 1.
10/29/86 SECY-86-322 - Operating Power Reactors Requiring Increased NRC Attention and Resources (17 pages) Enclosure 3 draft letter to James Everett from Lando Zech is being withheld pursuant to Exemption 5.
Other deleted information is outside the scope of the request.
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i Re: F0!A-89-284 APPENDIX F DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY 1.
8/18/88 25 Letters to inoividuals from William Kane.
(25pages)
Exemption 7(A) 2.
Various 36 Transcripts of Peach Bottom Operator Enforcement Conferences dated between February 8,1988 and May 17, 1988.
(approximately 4,000 pages) Exemption 7(A) 3.
11/15/88 Fax sheet transmitting 11/15/88 memo from Gutierrez to Taylor, subject: Testimony Before a Senate Committee on Peach Bottom.
(12pages) Exemption 5 4
Undated Draft letter froi, io Zech to Senator John Glenn.
(5 pages)
Exemption 5 T
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wowtwo macc, mA6 uvuesa (202) 663-8398 FREEDOM OF INFORMATION ACT. REQUEST gg. / 9.,7
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June 26, 1989 p r. -nJ1 L
Director, Division of Freedom of Information and Publications Services 1
Office.of Administration and Resources Management l
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 i
l Re Freedom of Information Act Request i
Dear Sirt Pursuant to the Freedom of Information Act, 5 U.S.C. S 552, and the NRC's implementing regulations, 10 C.F.R. 5 9.ll,.et L
. seq., I hereby request that the following described' records be-I made available for inspection and copying.
I agree to pay search-and duplication costs, as specified in 10 C.F.R.
$$ 9.33 - 9.37, up to a maximum of $500.00.
I Description of Requested Records:
Any and all internal NRC memoranda, notes, records of telephone conversa-tions, meeting minutes or any other do mms... nce. pris l
ently included in the NRC's Public Document Room files that pertain to, relate to or discuss or otherwise i
refer to the NRC-ordered shutdown of Units 2 and 3 of l
the Peach Bottom Atomic Power Station (NRC Docket Nos.
L 50-277 and 50-278) on March 31, 1987, the post-shutdown l
investigations conducted by the NRC or the bases for the shutdown and post-shutdown investigations.
The' scope of this request includes, but is not limited to, any records memorializing the views, observations or perceptions of NRC personnel regarding the performance of Philadelphia Electric Company, specifically as it relates to the management of the Peach Bottom Station during the period from January, 1983 through March, 1988 (unless otherwise noted below).
In particular, this request seeks any such records contained in the files of the following NRC personnels
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%m xF SW Aw,' PITTM AN, PoTTO & TROW 3 RIDGE
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- the NRC Project Manager ~for the Peach.Botton Station; t
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- the NRC Project Director for the Peach Botton 4
Station;
- the Assistant Director for Region I Reactors, Office of Nuclear Reactor Regulation;
-~the Director, Division of Reactor Projects I/II, t
Office of Nuclear Reactor Regulation; the Director, Office of Nuclear Reactor Regulation; the Director, Office of Investigations; the Director, Office for Analysis and Evaluation of Operational Data; the Executive Director for Operations and his staff; the NRC Resident Inspector (s) stationed at the Peach Bottom Station; the Chief of the NRC Region I Project Branch having cognizance over the Peach Bottom Station; the Director, Division of Reactor Projects, Region I; 4
the Director, Division of Reactor Safety, Region.
I; the Director, Division of Radiation Safety and Safeguards, Region It the Region I Deputy Regional Administrator; the Region I RegionL1 Administrator; a
the NRC Chairman, Commissioners and their staffs.,
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3 Further, this request includes, but is not limited to, l
the following described records:
Materials prepared by the various NRC Offices, including the Office of Nuclear' Reactor Regulation
-("NRR"), the Office for Analysis and Evaluation of Operational Data ('AEOD*), the Office of Investi-gations ("OI") and the Region I Office, in prepa-i ration for the NRC Semi-Annual Senior Management l
Meetings for the period 1986 through the present relating to the Peach Bottom Station.
Materials prepared for Commission Meetings regard-ing troubled or " problem" plants, to the. extent that those materials discuss, refer or relate to the Peach Bottom Station.
Materials prepared in conjunction with operating reactor events meetings held by NRR, to'the extent that those materials discuss,. refer or relate to the Peach Bottom Station.
Summaries of the daily events phone calls between NRC Headquarters and Region I which discuss, refer or relate to the Peach Bottom Station.
u Materials prepared by, or in the possession of, OI i
regarding the " sleeping operator" issue at Peach Bottom.
Materials, documents or records prepared by AEOD in connection with PECO's performance at Peach Bottom and/or such performance as it ~ compares with other nuclear power plants.
All records provided to the NRC by the Institute of Nuclear Power Operations ("INPO"), or relating to briefings, meetings or discussions with the NRC by INPO which discuss, refer or relate to the Peach Bottom Station.
All records, notes, summaries and telephone log entries relating to discussions between NRC senior j
management and INPO personnel (particularly Messrs. Dennis Wilkerson and Zack Pate) which dis-4 cuss, refer or relate to the Peach Bottom Station. ', _,
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This rcquest does not encompass documents presently included in the NRC Public Document Room docket files on Peach Bottom, Units 2 and 3.
Please feel free to contact me should you have any questions regarding the scope of this request.
Si cerely, V
Nancy K.
ones Legal Assistant NKJ/lbp i
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