ML20033F369
| ML20033F369 | |
| Person / Time | |
|---|---|
| Issue date: | 03/15/1990 |
| From: | Philips J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Williams O JRA ASSOCIATES |
| Shared Package | |
| ML20033D944 | List: |
| References | |
| FOIA-89-482 NUDOCS 9003200199 | |
| Download: ML20033F369 (6) | |
Text
U.S. NUCLEAR REOULATORY COMMIS$10N w c f as ae outsi ovueto
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INFORMATION ACT (FOIA) REQUEST MAR 151990 y
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PART 1.- AGENCY RECORDS RELE ASED OR NOT LOCATED ISee checaea bones)
No agency records subsect to the request havs been locsiod.
No add +onal egency records svtsect to the toevest have been located.
Requested reco*ds are available through emother publec destribution program See Comments Section.
Agency escords subs ct to the eequest that are identif 6,* un Append alesy,
e,e already available for pubhc inspection and copymg it' the e
NRC Pubhc Document stoom 2120 L Street N W.. Washington. DC 20555 Agency records svtoect to the request it,at are identif.ed on A pere miesi M
D are beeg made avedeWe for pubhc inspection and copymg in the NHC Publ*c Document Roum. 2120 L $treet. N W. Washington. DC. in a folder under this FOiA numt.ee and 'eavester name The nonprope.etary vers.on of the proposelts) that you egreed to accept m a telephone conversation with a membee of my staff is now being made evadable fos pubhc enspecte and copying et the NRC PubleC Document Room 2120 L Street. N W. Washmgton. DC, e a folder unde, this FOIA number anc reavestee r.ame Agency recoeds subject to the request that sie adentified on Ac+end niest may be inspected soJ cop.ed at the NRC Local Pubhc Document Room identif.ec en the Comments Section Enclosed is oformation on how you may obtain access to and the cha'ges for copying records placed m the NRC Pubhc Document Room. 2120 L Si'eet NW.
Washington, DC, Agency recoeds subsect to the request s's enclosed Records subject to the request have been referred to another Federal agency 0est for review and direct response to you i
You wdi be belled by the NRC for fees totahng 4 in view of NRC's response to this request, no furthes action es bemg taken on appealletter dated No PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain mf ormat on in the eeovested reco'es is be'ng aithhed f rore pubhc d sclesure puesvani to the einmptions desce bed in and to tre seasons sieted in Pari ei.
sections B. C. and D Any released port.ons of the dxumerts foe which only pa't of the record 's bemg withheld are te.ng made amedabie for pubhc mspect.on and copying m the NRC Pubhc Document Room, 2120 L Street. N W. Washmeton. DC m a Iolde' under this FOIA numbe t and reovesier name ChMMENTS p h
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9003200199 900315 PDR FOIA WILLIAMB9-482 PDR b
StGN ATURE, DI
, DIVISION OF FREEDOM OF iNFORMATION AND PU8t.lCATIONS SERVICES
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DaT : MAR 151990 FREEDOM OF INFORMATION ACT RESPONSE FotA NUM!LR(Si PART 11.0- APPUCABLE EMMPTIONS Records subject to the request that are described on the onclosed Appendin(eslItY__are being withheld in their entirety or in part under the J
taemptions and for the trasons set forth below pursuant to b U.S.C. 552(b) and 10 CFR 917(a) of NRC Regulationsc t o The withhead information is property classite pursuant to tascutive Order (ExtMPTtON 11
- 2. The withheld information relates solely to the internal personnel rules ar d procedures of NRC, itXEMPTION 2)
- 3. The withhe6d information is specifically esempted from public disclosure by statute 6ndicated- (EXEMPTION 3)
Sectens 141,146 of the Atomic Energy Act whach prohibits the disclosure of Restricted Data or Formerly Restncied Data 142 U S C. 21612165L Section 147 of the Atomic Energy Act which prohibits the disclosure of Uncisatifed Safeguards information (42 U.S.C. 2167).
- 4. The withheld information is a trade secret or commercial or fmancialinforrr.ation that is being withheld for the reeson(s)indecated (EXIMPflON el The information is considered to be confidential business (propnetaryl information.
i The mformatics is considered to to proprotary informatson pursuant to 10 CFR 2.790idl(It The informaten was submitted and received in confidence pursuant to 10 CFR 2 790(dH2) k
- 6. The withheld mformation consists of mteragency or mtraagency records that are not available through discovery durmg htigation IEx(MPTION 6 Aophcable Pnvilege.
Deliberative Process: Disclosure of predecisionalinformat on would tend to mhibit the open and frank enchange of ideas essential to the deliberative process.
Where records are withheld in their entirety, the facts are inentncably mtertwined with the predecisional mformation. There also are no reasonably segregable f actual portions tocause the release of the f acts would permit en Indirect inquiry into the predecisional process of the agency.
Attorney worlt product privilege (Documents prepared by an attomey m contemplation of htigation i Attorney - chant privilege. (Confidential communications between an attorney and his her chent I
- 6. The withheld mformation is enempted from public disclosure because its disclosure would result in 4 clea#1y unwarranted mvecon of personal pnvecy (EX(MPTION 61
- 7. The withheld informaten consists of records compiled for law enforcement purposes and is bemg withhelo for the reason (sl indicated IEX(MPTION 7)
Disclosure could reasonably be e=pected to mterfere with an enforcement proceeding because7could reveal the scope, direction. and focus of en forcement efforts. and thus could possibly allow them to tshe action to shield poter;tial wicogdomg os a violation of NRC requirementa from mvestigators E KEMPTION 7 (All Disclosure would constitute an unwarranted invasen of personal privacy ((X(MPitON 71C)I The information consists of names of individuals and other information the disclosure of which could reasonably be esoected to revealidentities t f confidential sources IEXEMPiiON 7 (DH OTHLH PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 2 fab) and/or 9 25 tcl of the U S Nuclear Regulatory Commission regulations. it has been determmed that the informaten withheld is enemot fcom production or disclosure. and that its production or disclosure is contrary to the public mterest The persons responsible for the densat are those officials identified 4
below as denying officiais and the Director. Division of Freedom of information and Pubhcations Services. Office of Admmistration and Resources Management. for any denris that may be appepled to the (.ecutive Director foe Operations (EDOI DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL 5
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PART 11. D-APPEAL RIGHTS The denial by each denveg officialidentifed in b 11 C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writmg and mu be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Eaccutive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555. ar'd should clearly state on the envelope and m the letter that st is an " Appeal from an Initial FOIA Decision."
U.S. NUCLEAR REGULATORY COMMISS40N waa>
FOIA RESPONSE CONTINUATION
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APPENDIX E DOCUMENTS BEING PLACED IN THE PDR NUMBER DATE DESCRIPTION 1.
8/20/87 Memo for Jack W. Row from Albert F.
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Gibson, subject:
" Draft Inspection n
In e Guidance on Commercial Grade n
Procurement," (1 pg. ) with enclosure:
q,'3 e
Comments on Draft Temporary Instruction on Commercial Grade Procurement, (11 pgs.).
2.
8/26/87 Memo for William V. Johnston from George Napuda, subject:
" Comments on Draft TI, Commercial Grade Procurement Inspection," (1 pg.).
3.
9/1/87 Memo for-William V. Johnston from-William Kane, subject:
"DRP Comments on Draft inspection Guidance on Commercial Grade Procurement," (2 pgs.).
4.
7/5/88 Memo for Robert L. Baer from Robert Kirkwood, subject:
"Results of RES/NRR Meeting of June 29, 1988 re:
Review of EPRI Report NP 5652 ' Guideline for the Utilization of Commercial Grade Items in Nuclear Safety Related Applications,"
(3 pgs.) with enclosure:
Memo for Bob Baer from Thomas King, subject:
" Review of EPRI Report NP 5652 Dated March 1988,' (3 pgs.) with attached memo for Robert Baer from Mark Peranich, subject:
" Guideline for Utilizing Commercial Grade Items for Nuclear Safety Related Applications, (4 pgs.) attaching memo for Robert Baer from Dennis Kirsch, Comments on EPRI Guidelines for the Utilization of Commercial Grade Items in Nuclear Safety Related Applications, (1 pg.) with memo for Robert Bahr from Seymour Weiss, subject:
" Review of EPRI Report NP-5652, dtd. March 1988, (4 pgs.) with memo for Multiple Addressees from Robert Baer, subject:
" Review of EPRI_ Report NP-5652, dtd.
March 1988, (1 pg.).
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APPENDIX N DOCUMENTS BEING PLACED IN THE PDR (Continued)
NUMBER DATE DESCRIPTION 5.
10/19/88 Note to Ray Wharton from W.
E.
- Campbell, subject:
" Commercial Grade Items,"
(2 pgs.)
6.
12/12/88 Note to Jamie Guillen from Stephen H.
Lewis, (1 pg.).
7.
Undated Handwritten Note to Ned Choules from Jerry Wilson, (1 pg.).
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Ret FOIA-89-482 APPENDIE I DOCUMENT 8 BRING RELEASED IN PART
' NUMBER DATE DESCRIPTION 1.
_1/17/89 SECY-89-010 - Advance Notice of Proposed Rulemaking, " Acceptance of Products Purchased for Use in Nuclear Power Plant Structures, Systems and Components,"
with enclosures, (119 Pgs.)
EXEMPTION 5.
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Ret FOIA-89-482 APPENDIX J DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION 1.
2/13/89 Memo, subject: " Notice of Violation and Proposed Imposition of a Civil Penalty, Procurement Activities, Severity Level III Violation, Trojan, EA 89-16, Docket No. 50-344, (2 pgs.) with enclosure:
Draft Letter to Licensee, (4 pgs.)
enclosing Draft Notice of Violation and Proposed Imposition of Civil Penalty, (3 pgs.) < EXEMPTION 5, 2,
2/22/89 Note, subject:
"EA 89-16 (Trojan),
(1 pg.), with Draft Notice of Violations and Proposed Imposition.of Civil Penalty, with handwritten notations, (7 pgs.) - EXEMPTION 5.
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J/R/Al ASSOCIATES
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R;gulat ry Inform;ti:n & Supp;rt Systems 1407 Merc3 Drive Mitch:liville, MD 20716 301/249 9672 November 6,1989 0GW-89-195
'Ms. Linda Robinson, Chief F0IA/LPDR Branch Division of Freedom of Information and Publications, Services FREEDOM OF INFORM Office of-' Administration U.S. Nuclear. Regulatory Commission ACT REQUEST ggyA -['f-N2_
Washington, DC 20555
SUBJECT:
RESUBMISSION OF F0IA REQUEST (REFERENCE F0IA f 89-448) %/d //d@
Dear Ms. Robinson:
L Pursuant to the Freedom of Information Act (5 USC 9 552) and to the Nuclear L
Regulatory Commission's (NRC) policies and regulations (10 CFR Part 9. Subpart A),
l' I request a copy of all NRC Staff and Commission policy and guidance documents related to procurement and commercial grade dedication in nuclear power plants.
In this regard, procurement should be defined to be consistent with, and as envisioned in, the following:
- 1. the Commission's description of the " procurement process" in its Advance Notice of Proposed Rulemaking, " Acceptance of Products Purchased for Use in Nuclear Power Plant Structures Systems and Components," 54 FRN 9229, March 6, 1989;
- 2. Regulatory) Guide 1.33, " Quality Assurance Program Requirements (Opera associated with producing " procurement documents" for commercial grade items;
- 3. Generic Letter 89-02, " Actions-to Improve the Detection of Counterfeit and Fraudulently Marketed Products," which " conditionally" endorses EPRI-NP-5652, " Guideline for the Utilization of Commercial Grade Items in Nuclear Safety-Related Applications (NCIG-07)," as it applies to corrinercial grade items; procurement in this regard means the purchase of commercial grade items consistent with NCIG-07;
- 4. NRC inspection procedures as documented in NRC Inspection Manual Chapters 38701, 38702, and 38703; and '
- 5. ANSI /ANS-3.~2-1988, Section 5.2.13. " Procurement and Materials Control; " procurement in this regard means the activities associated with the purchase of commercially "off the shelf" items (i.e.,
commercial grade items).
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2-November 6,1989 Ms. Robinson Documents in this context are intended to include such things as Commission papers, Temporary Instructions, draf t Regulatory Guides. Enforcement Guidance memoranda, internal Staff or Commission memoranda, inspection procedures and guidance, proposed rulemaking, and draf t or proposed generic communications.
I would appreciate your prompt response within ten working days of the receipt of this request, as provided by 10 CFR Part 9 and the NRC's policies.
If you have any questions regarding this request, please feel free to contact me at 301/249 9672.
Thank you.
Sincerely yours, Op ia G.f illiams l
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