ML19332F769

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Final Response to FOIA Request for Documents.App J Document Encl & Also Available in Pdr.Releasable Portion of App K, Item 1 Document Also Encl (Ref FOIA Exemption 5).App K,Items 2-9 Entirely Withheld (Ref FOIA Exemption 5)
ML19332F769
Person / Time
Site: Peach Bottom  Constellation icon.png
Issue date: 12/12/1989
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Jones N
SHAW, PITTMAN, POTTS & TROWBRIDGE
Shared Package
ML19332F770 List:
References
FOIA-89-284 NUDOCS 8912180231
Download: ML19332F769 (4)


Text

i QO. NUCM ULATORY OMMIS$60N wec e osa at out 61 huupt asi I

j FOIA - no.m tsau m RESPONSE TO FREEDOM OF yeat i I "=t INFORMATION ACT (FOlA) REQUEST

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mn.. 4,,,, ae-.sie, atoutsita Nancy K. Jones PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked tioacs)

No aponey records subpet to the request have been located.

No addetsonal opency records subtect to the request have toen located.

Roguested records are eveilable through another pubhc distnbution prog'em. See Comments Section.

Agency records sutyect to the request that are identifed on Apgendialesi are el oedy oveilobie for pubhc mspection and copymg m the NRC Pubhc Document Room 7 20 L Street. N W.. Weshington. DC 205b5

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Agency eecords subsect to the request that are identifed on Append.nles) d sie teing made avestable for public inspecteen and copyir.0 m the NRC Public Document Room. 21?O L Street, N W., Washington. DC. m a foldet under tNs FOIA numbee and requester name.

The tiongwopretary version of the proposells) that you og'oed to eccept m a *elephone conversation eith a member of my staff is now being made avaliable for public inspection e4 copyng et the NRC Public Document Room 2170 L Street. N.W Washmgton. DC. m a fo6det undes tNs FOIA numtee and roovester nome.

Agency records sutvect to the request that s'e identifed on Append <alest_

may be intoected and copied at the NRC Local Public Document Room identifed in the Comments Secten.

Enclosed is mformaten on how you may obtem access to end the charges f er copying 'ecords pieced 6n the NRC Pubhc Document Room. 2120 t Street. N W.,

WesNngton. DC.

Agency records sub ect to the request are enclosed.

t Records sub ect to the request have been refereed to another Fede'al agencyles) for review and dieect ressense to you.

t You will to bmed by the NRC for fees totaling $

in vow of NRC's response to this request, no further acten is temg taten on appeal letter dated No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam Information m the requested records is beme withheid fiom pubiec disciosure pursuant to the enemptions desenbod m and foe the 'essons stated m Part II, X

sections B. C, and D Any eeieased portions of the documents for which only part of the recoed es beeg withheld are being made eveilable for pubhc insgecten and copysng en the NRC Pubhc Document Room. 2120 L Street. N W-. Washington, DC. in a folder under this iOiA number and eeovester name.

COMMENTS 8912130231 891212 PDR FOIA JONES89-284 PDR TURE, DIRECTOR F FREEDOM OF INFORMATION AND PUBIICATIONS SERVICES lS$%d> $.IVISIOJA i

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CRC Fol:4 ara WPoes ti a n es

FOlA 89-28<

FREWDOM OF INFORMATION ACT RESPONSE FOiA tUustRe f,.

PART N.S-APPUCABLE EXEMPTDONS hV ' 6 87o5 Records subject f ; the feQuest that are described on tne enclosed Appendistes)

K are being withheld an their entirety or in part undet the Esernptions and for the feasons set forth below pursuant to 5 U.S C. 552(b) and to Cf R 9.17(a) of NRC Regulations.

i 1 The withheld informaten a properly clnsifed pursuant to (secutive Order (ExtMPTION 1)

2. The withheid 6nformaten reistes solely to the entemel personnet rules end procedures of NRC. (txtMPTION 21
3. The withhend enformaten es specificolly enempted from public disclosure by statute mdicated: (txtMPTION 3)

Sectens 141 145 of the Atomic Energy Act which prohituts the desciosuie of Restucted Date or f ormerly Restncted Data (42 U $ C. 216121666.

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$ection 147 of the Atomic Energy Act which prohibits the disclosure of Unclessited $afeguards information (42 U $ C. 2167L

4. The withheid informaten is a trade secret or commercial or fmancelinformation that is being withheld for the reasontal indicated- (EKLMPTION 4)

The enformation is considered to be conf 4entist business (proprietary) anformation.

Tne mformaten is consideied to be propnetary mformation pursuant to 1D CFR 2.790tdHIL Tte enformaten was submmed and received in conf 4ence pursuant to to Cf R 2 790tdH2) i y

b. The wnhheld #nformaten consists of interogency or mtrugency records that e's not sweete throuuh decovery donne litigation itstMPTION 61. Applicebie Privilege.

where records c,ess Disclosure of predecisenal information would tend to inhibit the open and frank enchange of ideas essentei to,e.he Deberative Pro t

wahh.id n ih.it enii,eiv. ihe fecis are neunc.biy.nieriwined with ib. p,.deceenei nform.ien Th.re. iso.,e no son.biv segreg. bio f acivoi r

y portions tocaun the relene of the facts would permet en mderect enauiry into the predecisional process of the spency.

Attorney work-product pnv68ege. (Documents prepared by en attofney m Contempiation of litigStion 1 Attc.rney -cisent privilege *Confidentet communications tetween an attorney and his hee client i

6. The withteld enformation is esempted from pupe disc 6osu.e tecause ets disclosure wouid result m a clearly unmarranted m=esen of personst privacy. ItXtMPTION 61
7. The withheld information consets of records compiled for law enforcement purposes and is bemg withheld toe the reasontal monceied itxtMPTION 7)

Disciosure could reasonably t*e empected to interfere with an enforcement p'oceeding teeCause 14 could reveal the scope. direction. and focus of en-forcement etIorts. and thus could possibir allow them to te6e action to shield potentisi wiongdoing or a violaten of NRC requnements from investigators E xtMPTION 7 (All Disclosure would constitute en unwarranted invasicn of personal privacy it AEMPTION 7tCil The inforfr'ation consists of names of individuals and other mformaten the disclosure of which could reasonably be taoected to revesi dentites of conf 4ential sources (ExlMPTION 7 (Dil OTHER PART N. C-DENYING OFFICIALS Pursuant to 10 Cf R 9 25tb) and or 9 25 (cl of the U $ Nuclear Regulatory Commission eegulatens. it has been octermined that the mformaton wrthheid is enempt from production or declosure. and that its production or discle'sure e contf ary to the puMc mterest. The persons responsible for the denial are those o8ficaals ider titeed below as denying officiais and the Director. Divmen of Freedorn of information and Public ahons Services Off<e of Adm rustration and Resources Mansgement. for any denets that may be appepied to the Esecutive Director for Operations (100:

DENYING Of flCIAL TITLE / OFFICE l

RtCORDS DENitD APPfLLATE OFFICIAL A "R'"

William T. Russell Regional Administrator Reg. I K/1s K/2 s

X Thomas E. Murley Director NRR K/3 - K/9 X

s PART N. D-APPEAL RIGHTS The denial by each denying officist identifed an Part II.C may te appesLed to the Appellate Official identifed m that section. Any such appeal must be in wettmo and must be made wtthin 30 days of receipt of thes response. Appeals must be addressed as oppropnate to the Esecutive Director for Operatens or to the Secretary of the Commission.

U.S. Nuclect Regulatory Commiasson, Wuhington. DC 20$56, and should clearty state on the envelope end in the letter that it is en " Appeal from an initial FOlA Decision."

t RC FORM 464 (Port 2)

U.S. NUCLEAR REGULATORY COMMISSION (11 86)

FOIA RESPONSE CONTINUATION 1

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F0!A-89-284 i

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APPEND:X J 1

DOCUMENT BEING PLhCED IN THE PDR E

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- 7/7/87 Memo from W.F. Kane. to W.T. Russell,'subiect: ' Meetino Sunnary I

on Peach Bottom Response to Shutdown Order.

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F01A-89-284 APPENDIX K DOCUMENTS.BEING WITHHELD IN WHOLE OR IN PART 1.

11/9/87 Memo from J. Linville to J. Persensky, subject:

Peach Bottom Operator Attitude and Performance Training Team Review, (1 page),

released with attached input from Region I participants in the subject review.

(9 pages) Withheld pursuant to Exemption 5.

2.

Undated Chairman's Backup Q's and A's, regarding Peach Bottom control room operators.

(7 pages) Withheld in entirety pursuant to Exemption 5.

[Some portions are outside the scope of the request.]

3.

Undated Talking Paper for EDO Senior Management Meeting on Peach Bottom.

(20 pages) Withheld in entirety pursuant to Exemption 5.

4.

Undated Overview - Peach Bottom Units 2 and 3 for November, 1987 Senior Management Meeting.

(15 pages) Withheld in entirety pursuant to Exemption 5.

5.

Undated SALP History for June 1988 Senior Manaaement Meeting on Peach Bottom.

(24 pages) Withheld in entirety pursuant to Exemption 5.

6.

Undated Talking paper on Peach Bottom Units 2 and 3 for December 1988 Senior Management Meeting.

(16pages)Withheldinentirety pursuant to Exemption 5.

7.

Undated Region 1 Input to talking paper for NRC Senior Management Meeting. December 1988.

(42 pages) Withheld in entirety pursuant to Exemption 5.

8.

Undated Region 1 Input to NRC Senior Management Meeting - Status Briefing, May 1989.

(16 pages) Withheld in entirety pursuant to Exemption 5.

9.

Undated Review of Peach Bottom for May 1989 Senior Management Meeting.

(17 pages) Withheld in entirety pursuant to Exemption 5.

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(202) 663-8398 FREEDQM Of INFORMATION ACT. REQUEST June 26, 1989 gg,g,g Q 4 27J1 Director, Division of Freedom of Information and Publications Services Office of Administration and Resources Management U.S. Nuclear Regulatory Commission 1

Washington, D.C. 20555 Re Freedom of Information Act Request Dear Sir Pursuant to the Freedom of Information Act, 5 U.S.C. S 552, and the NRC's implementing regulations, 10 C.F.R.

$ 9.11, et seq., I hereby request that the following described records be made available for inspection and copying.

I agree to pay search I

I and duplication costs, as specified in 10 C.F.R.

$$ 9.33 - 9.37, up to a maximum of $500.00.

Description of Requested Records:

Any and all internal NRC memoranda, notes, records of telephone conversa-tions, vecting minutes et any other documente not pre s-l l

ently included in the NRC's Public Document Room files that pertain to, relate to or discuss or otherwise refer to the NRC-ordered shutdown of Units 2 and 3 of the Peach Bottom Atomic Power Station (NRC Docket Nos.

50-277 and 50-278) on March 31, 1987, the post-shutdown 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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$ haw, PITTMAN. PoTTO & TCOwanloot a,w q...m uome nse m w e.

the NRC Project Manager for the Peach Botton Stations I

the NRC Project Director for the Peach Bottoa i

Stations the Assistant Director for Region I Reactors, 5

office of Nuclear Reactor Regulations the Director, Division of Reactor Projects I/II, 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; the Director, Divis on of Reactor Safety, Region I;

the Director, Division of Radiation Safety and Safeguards, Region I; the Region I Deputy Regional Administrators the Region I Regional Administrator; the NRC Chairman, Commissioners and their staffs.

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I Further, this request includes, but is not limited to, the following described records:

Materials prepared by the various WRC Offices, including the Office of Nuclear Reactor Regulation

("NRR'), the Office for Analysis and Evaluation of operational Data ('ABOD*), the office of Investi-

  • gations ('01') and the Region I Office, in prepa-ration for the NRC Semi-Annual Senior Management 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.

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Materials prepared by, or in the possession of, OI 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 j

other nuclear power plants.

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All records provided to the NRC by the Institute f.

of Nuclear Power Operations ("INPO*), or relating l

to briefings, meetings or discussions with the NRC l

by INPO which discuss, refer or relate to the 1

Peach Bottom Station.

All records, notes, summaries and telephone log entries relating to discussions between NRC senior c

management and INPO personnel (particularly l

L Messrs. Dennis Wilkerson and Zack Pate) which dis-l cuss, refer or relate to the Peach Bottom Station.

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This request 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 t.he scope of this request.

Si cerely,

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'vQ Nancy K.

ones Legal Assistant NKJ/lbp i

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