ML20032A552
| ML20032A552 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 01/27/1981 |
| From: | Elliott C LIMERICK ECOLOGY ACTION, INC., THOMAS & HAIR |
| To: | Eisenhut D Office of Nuclear Reactor Regulation |
| References | |
| 811027, NUDOCS 8110300335 | |
| Download: ML20032A552 (2) | |
Text
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M.s THOMAS AND HAIR ATToPNEYS AT LAW '
,2 h-SUITE 101 Attg -
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N kELE9 HONE JOHN P. THOMAS CHARLES J. MAIR
't 15i821 8100 (PE NN A,..N.Y.) '
w ttIAM M?T AI October:27,-1981
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_Mr.JDarrell-G. Eisenhut
-Director, Division of Licensing Office of. Nuclear Reactor. Regulation Unit'ed States Nuclear' Regulatory Commission Washington, D.
C.
20555 Limerick Nuclear Generating Station-Re:
c Units 1 and.2, Docket Nos. 50-352 and 50-353
Dear Mr. Eisenhut:
By letter dzted March 17,.1981, Eugene-J. Bradley of'the Philadelphia El'ctric Company transmitted to Harold R.
Denton copies of the Limerick-FSAR, Emergency.
Plan, and other documents, including'a_two volume Probabilistic' Risk' Assessment'for the Limerick Plant.
This Risk Assessment was prepared at your request.by letter of
~
May 6, 1980.
Mr. Bradley's March. 17,.1981 letter recites that "certain detailed' fault trees which were prepared as-part-of the Assessment are'being transmitted under separate cover with a request that they be' withheld-from public disclosure in accordance with Section'2.790(d) of the Commission's Regulations for security reasons."
On October 22, 1981, the Cominission published its final rule regarding protection of unclassified safeguards information, (46 FR 51718-51726,) amending il 2. 790 (d), the regulation' relied upon by Philadelphia Electric Company for withholding th_ fault trees prepared as part of t.'.e PRA from public disclosure.
The supplementary information set forth in the final rule explicitly disclaims any Commission intention that-5.2.790 (d) ' authorize the withholding from public scrutiny of :
information developed as part of a probabilistic risk
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Mr. Eisenhut - October 27, 1981 In relevant portion, the Commission stated:
"One commenter suggested that information developed during the course-of probabilistic risk assessments be protected;under this rule.
-The Commission, while agreeing that_such information might have value to a potential saboteur,Lhas concluded that on balance the public interest.is better served if allisafety-related studies are available for cerutiny.
The question also arises concerning the legality of-withholding information under_Section 147 that is neither related to a licensee's physir:al protection program nor produced in-response to security considerations."
It is clear, therefore, that 8 2.790 (d) does not-authorize the withholding of the fault trees.
On behalf of Limerick Ecology Action, Petitioner for Leave to Intervene
-in the above proceeding, I request that the fault t.ees which were transmitted by Mr. Bradley~be released for public scrutiny, and that copies be transmitted to all recipients of the PRA, and placed in the appropriate Public Document Rooms.
In the alternative, you may consider this letter a request for access to copies of the fault trees pursuant to 5 USC E 552, the Freedom of Information Act.
In that case, kindly forward this correspondence to the Office of Administration, Division of Rules and Records.
Please advise me of your intentions in this regard.
Thank you for your attention to this re. quest.
Very truly yours, CWE:cs Charles W. Elliott cc:
Official Limerick Service List as of October 23, 1981.
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