ML19332G628
| ML19332G628 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 12/11/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Jones N SHAW, PITTMAN, POTTS & TROWBRIDGE |
| Shared Package | |
| ML19332B472 | List: |
| References | |
| FOIA-89-284 NUDOCS 8912290063 | |
| Download: ML19332G628 (5) | |
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4 INFORMATION ACT (FOIA) REQUEST
/ DEC 1 1 1989 ceece DOCEE1 NUMBtfh&l(# eppke6fel RLOUL8t LR I
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PART l.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boars)
No agency records subject to the request have been located.
No odditional agency records subject to the request have been located.
I Requested records are oveliable through another pubhc destribution program. See Comments Section.
1 Agency records subsect to the request that are adentified on Appends:(es) are already avellable for pubhc enspection aruf copying M the NRC Pubhc Document Room 2t 20 L Street, N.W, Washington, DC 20566.
Agency records subject to the request that are identified on AppendialesL
-are being made available for pubhc inspection and copying M the NRC Public Document Room. 2120 L Street. N W., Washington. DC. en e folder under this FOIA number and requester name, The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being modo available for pubhc inspection and copymg at the NRC Public Document Room 2120 L Street. N W., Washington. DC en a folder undee this FOIA number end requester name.
Agency records subsect to the request that are identifiad on Appendiales) may be inspected and copied at the NRC Local Pubhc Document Room identified in the Comments Section.
Enclosed is information on how you may obtem access to and the charges for copying records Placed in the NRC Pubhc Document Room. 2120 L Street. N W..
Washington, DC.
1 Agency records subsect to the request are enclosed.
Recorde subject to the request have been referred to another Federal agencyties) for review and direct response to you-I 1
You will be bdied by the NRC for fees totahng 4 in view of NRC's response to this request, no further action is being taken on appealletter dated
. No.
i PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE r Certem information m the requested records is being withheld from pubhc disclosure pursuant to the enemptions descnbed in and for the reasons stated m Part II.
sections B. C. and D. Any released portions of the documents for which only part of the record is being withheld are bemg made available for pubhc mapection and copying in the NRC Pubhc Document Room,2120 L Street. N W., Washmgton. DC.m a folder under this FDIA number and requestee name.
V CDMMENTS l
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- l 8912290063 891211 POR FOIA JONES89-284 PDR n
S N TURE, DIRECT. OtVISI N )F FREEDO OF INFORMATION AND PUBLICATIONS SERVICES I\\% $
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N!.C FORM 464 (part II o 1.se.
m FOIA -NM FREEDOM OF INFORMATION ACT RESPONSE roiA fevMotn<st Det; nm i, m PART 11 B-APPLfCABLE EXE PTf0NS
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Records subject to the request that are described on the enclosed Appendiales)
_ - are being withheld in their entirety or in part under the Lernptions and for the stosons set forth below pursuant to 5 U.S.C. 652(b) and 10 CFR 9.17(a) of NRC Regulations..
- t. The withheld information is property classified pursuant to Esecutive Order (EXEMPTION 1)
- 2. The withheld informaten relates solety to the internal persormel rules and procedures of NRC. IEXEMPTION 21
- 3. The withheld information is specifically enempted from pubhc discinsure by statute mdicated (E XEMPTION 3)
Sections 141 146 of the Atomic Ene'0V Act Wh'Ch P'ohibits the disclosure of Restncied Data or Formerly Restncted Data 142 U S C 216121651.
Secten 147 of the Atomic Energy Act which prohibits the disclosure of Unc'assified Safeguards informaten 142 U S C. 2t6H.
- 4. The withheld mformaton is a trade secret or commercial or fmancial mformahon that is bemg withheld ror the reasontal indicated. (EXEMPTION 4)
The informaton is considered to be cenhtfentist business ipropnetaryl mformaton.
The informaten is considered to be propnetary mformation pursuant to 10 CFR 2.700idHIL The mformation was submitted and received in confidence puesuant to 10 CFR 2 790(dH2L
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- 6. The withheld information consists of 6nteragency or mtraegency records that are not available through discovery dunne htigation (EXEMPTION 61. Applicable hvilege-Dehberative Process. Disclosure of predecisional mformation would tend wo inhibit the open and frank enchange of ideas essential to the dehbtive process.
Where records are withheld in their entirety, the f acts are inestricably inter 1wmed with the credecisic wat information. There also are no reasonsbty segregable f actuet portions because the release of the facts would permit an indirect mouiry into the predecisional process of the egency.
Attomey wo k. product pnvilege- (Documents prepared by an attorney m contemptation of titigation 1 Attorney -chent pnvilege (Confident,at communicatens between an attorney and his her chent i
- 6. The withheld information is esempted frorn pubhc disclosure because its disclosure would result m a clearly unwarranted mvesson of personal pnvecy, IEXEMPil0N 61
- 7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated (EXEMPTION 7)
Disclosure could reasonably be espected to interfeie with an enforcemeni proceeding because it could reveal the scope. direction, and fo5 of en.
forcement efforts. and thus could possibly allow them to take act on to shield potential wrongdoing or a violat on of NRC requirements from mvestigators E XEMPTION 71All I
Disclosure would constitute an unwortanted invasion of personal privacy (EXEMPTION 7(Cl)
The mformation consists of names of mdividuals and other mformation the disclosure of which could reasonably be emoected to revealidentities of confidential sources (EXEMPTION 7101)
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i PA'RT IIIC-DEN ifdd OFFIDIALSI Pursuant to 10 CFR 9 25(b) and'or 9 25 (cl of the U S Nuclear Regulatory Commissen regulations. it has been determined that the information withheld is esempt from production or disclosure, and that its production or disclosure is conteary to the public interest The persons responsible for the denial are those officials idenbfied below as denymg officials and the Director. Division of Freedom of information and Publications Services, Office of Admmistraten and Resources Management, for any denials that may be appepled to the E secutive Director for Operatens IEDon.
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL b
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PART 11. D-MPEAL RIGHTS The denial by each denying officialidentified in Part 11 C may be appealed to the Appellate Officialidentified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Eaccutive Director for Operatione or to the Secretary of the Commissen, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from en initial FOIA Decison."
NRC P;RM e64 (Part 2)
U.S. NUCLEAR REGULATORY COMMISSION tweel FOIA RESPONSE CONTINUATION
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Re:
F01A-89-284 APPENDIX G DOCUMENTS BEING PLACED IN THE PDR 1.
1/12/86 Memo from V. Stello to the Commission, subject: Licensee Performance.
(5pages)[Deletedportionsareoutsidethe scope of the request.]
2.
5/18/87 Note from J. Lieberman to J. Taylor and T. Murley, attaching transcript of Management Meeting Between Philadelphia Electric Company and NRC on 5/5/87.
(57 pages) 3.
1/29/88 Letter from John Austin, Philadelphia Electric Co. to W. Russell, enclosing document identified at Item 4 below.
(3pages) 4.
1/11/88 Letter from Zack Pate to Robert Harrison, regarding performance problems at Peach Bottom, with attachments A through Q.-
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Re:
f01A-89-284 APPENDIX H DOCUMENTS DEING WITHHELD IN THEIR ENTIRETY i
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4/10/87 Transcript of Closed Commission meeting: Briefing on status of Peach Bottom.
(49 pages) Withheld pursuant to Exemptions 5, 7(A), 7(D)-and 7(E) of the Government in the Sunshine Act (GISA).
2.
9/14/87 Transcript of Closed Connission meetina: Discussion of Pendino Investigations.
(71 pages) Withheld pursuant to Exemptions 5, 7(A),7(D)and7(E)ofGISA.
3.
Undated Draf t Conm11ssion paper, sub,iect:
Request for Commission Approval for the Restart of the Peach Bottom Atomic Power Station.
(27pages)WithheldpursuanttoExemption5.
4.
Various Records in the Office of Investigations files relate to an ongoing investigation and are being withheld pursuant to Exemption 7(A).
5.
4/8/88 Memo from W. Kane to J. Lieberman, subject:
Peach Bottom Lessons Learned.
(2 pages) Withheld pursuant to Exemption 5.
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Re:
F0!A-89-284 f
APPENDIX I DOCUMENT BETNG WITHHELD IN PART 1.
3/21/88 Memo from Bruce Boger to James Lieberman,(1 page) with subject:
Peach Bottom Lessons Learned Memo, (released),
attachments:
a.
3/8/88 memo from J. Lieberman to W. Kane, subject:
Peach Bottom Lessons Learned Memo, released (1 page) 1 b.
Draft memo, sub,iect, Peach Bottom Lessons Learned.
(3 pages) Withheld pursuant to Exemption 5.
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SHAW,- PITTMAN, PoTTs & TROWBRIDGE A PARTwanswie sucwomo enortsteoNu CommonATHlmt 2300 N STRE ET, N. W.
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(202) 663-8398 FREEDOM 0F INFORMATl0N ACI REQUEST gg./9,g/f June 26, 1989
$A7-0 Director, Division of Freedom of Information and Publications Services Office of Administration and Resources Management U.S. Nuclear Regulatory Commission Washington,fD.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.
S 9.11, et.
seq., I hereby request that the following described records be made available for inspection and copying.
I agree to pay search and duplication costs, as specified in 10 C.F.R.
SS 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, meeting minutes or any other documents not pres-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 i
scope of this request includes, but is not limited to, any records memorializing the views, observations or i
perceptions of NRC personnel 1*garding 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 personnel:
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I, SHAw, PITTM AN, PoTTO & TROW 3 RIDGE A PARTN(RSHIP INCLUOtNf) PmOf f $$80NAL CORPORAT@NS r
the NRC Project Manager for the Peach Bottom Station; the NRC Project Director for the Peach Bottom Station; the Assistant Director-for Region I Reactors, Office of Nuclear Reactor Regulation; 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; l
the Director, Office for Analysis and Evaluation.
3 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, Division of Reactor Safety, Region It the Director, Division of Radiation Safety and Safeguards, Region I; the Region I Deputy Regional Administrator; l
the Region I Regional Administrator;
- the NRC Chairman, Commissioners and their staffs.
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SHAw, PITTMAN, PoTTO & TROWDRIDGE -
Further, this request includes, but is not limited to, 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 tha 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.
l Materials prepared in conjunction with operating
-reactor events meetings held by NRR, to the extent i
that those materials discuss, refer or relate to l
the Peach Bottom Station.
l Summaries of the daily events phone calls between NRC Headquarters and Region I which discuss, refer or relate to the Peach Bottom Station.
Materials prepared by, or in the posses'sion 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 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 i
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 management and INPO personnel (particularly Messrs. Dennis Wilkerson and Zack Pate) which dis-L cuss, refer or relate to the Peach Bottom Station.
SHAw, PITTMAN, PoTTs & TPOWDRIDGE A PARTh(R$8HP INCLWQsNG PRortSSCNAL ComponAtchs 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 the scope of this request.
Si cerely,
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ones Legal Assistant NKJ/lbp l
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UNITED STATES 1_
NUCLEAR REGULATORY COMMISSION WASHING TON, D. C. 39565 JUN 121986 Docket Nos 50-277
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50-278 50-352 Philadelphia Electric Company ATTN: Mr. J. L. Everett III Chairman of thp Board and Chief Executive Officer 2301 Market Street Philadelphia, PA 19101
Dear Mr. Everett:
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Subject:
Peach Bottom Units 2 and 3 Perfonnance The Director of the NRC Office of Inspection and Enforcement and the Regional Administrator of NRC Region I have brought to my attention recent indications of poor performance at the Peach Bottom facility.
The purpose of this letter is to highlight to you my personal concern and request that you personally review the situation such that appropriate corrective measures are initiated.
The NRC Systematic Assessment of Licensee Performance (SALP) report issued on June 6,1986, and the Notice of Violation, with a proposed civil penalty, issued on June 9,1986, collectively represent a trend in performance that is not tolerable to the NRC.
In particular, the recent SALP report highlights management deficiencies that we believe have historically impacted performance, as noted by prior SALP results. The specific enforcement issues likewise
. demonstrate the existence of poor operating practices that reflect on the degree of management attention to on-site activities and reinforces the concerns noted in the SALP.
After you have had an opportunity to review the recently issued NRC documents, and because of my concern with the declining performance at Peach Bottom, I want.to meet with you and your senior corporate officers to discuss your-assessment and perceptions,of the underlying reasons for such results. Any additional-insights or initiatives you have that you believe are noteworthy can also be discussed at this meeting.
After your consideration of these matters. I will schedule the meeting with you and senior NRC managers in my office.
Please inform me when you will be prepared.
Sincerely.
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Vic~ tor Stello, Jr.
Executive Directo for Operations Qkf/g-6-f~~/WVC1[jfp.2 )
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Phila'delphia Electric Company 2
cc:
1 S. L. Daltroff, Vice President. Electric Production V. S. Boyer, Senior Vice President, Nuclear Power John S. Kemper, Vice President Engineering and Research Eugene J. Bradley, Esquire, Assistant General Counsel Public Document Room (POR) local Public Document Room (LPOR)
Nuclear Safety Information Center (NSIC)
NRC Resident Inspector comonwealth of Pennsylvania 9
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