ML20035B507
| ML20035B507 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 02/24/1993 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Bradley Jones AKIN, GUMP, STRAUSS, HAUER & FELD (FORMERLY AKIN |
| References | |
| FOIA-92-409, FOIA-92-A-13 NUDOCS 9304020088 | |
| Download: ML20035B507 (2) | |
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UNITED STATES 5
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FEB 2 41993 Mr. Bradley W.
Jones Akin, Gump, Hauer & Feld, L.L.P 1333 New Hampshire Avenue, N.W.
IN RESPONSE REFER Suite 400 TO FOIA-92-A-13 i
Washington, D.C.
20036 FOIA - (92-409)
Dear Mr. Jones:
I am writing in response to your letter dated November 6, 1992, in which you appealed Mr.
Donnie H.
Grimsley's response dated October 8, 1992.
Mr. Grimsley's response denied records subject to your Freedom of Information Act (FOIA) request for copies of records relating to the Palo Verde Fuclear Units and NRC Senior Management Meeting (SMM) discussions.
Acting on your appeal, I have carefully reviewed the record in this case and have determined that the previously withheld records will continue to be withheld from public disclosure pursuant to Exemption 5 of the FOIA (5 U.S.C. 552 (b) (5) ) and the Commission's regulations (10 CFR 9.17 (a ) (5) ).
Exemption 5
shields from mandatory disclosure information generated in the deliberative process that precedes decisions of government agencies.
In Mr. Grimsley's response dated October 8,1992, you were informed that the NRC's policy is not to disclose predecisional information about plants that may have been discussed at SMMs but not placed on j
NRC's Watch List.
NRC still maintains the policy of withholding the names of plants that may have been discussed but were not placed on the Watch List.
In many instances plants are discussed i
for reasons that are not associated with the NRC " problem plant list,"
e.g.,
that a plant is scheduled for a refueling outage and NRC inspections.
Nevertheless, the consideration of plants for i
placement on the NRC " problem plant list" is the primary focus of the SMMs.
In response to your comment regarding' FOIA-89-306, our review j
indicates that information from Senior Management Meeting (SMM) minutes was released in 1989 concerning plants that were discussed but not placed on the Problem Plant List.
The decision to change this policy was made shortly after this release of information occurred and, since the end of 1989, NRC policy has been not to release information to the public on plants that are discussed at a Senior Management Meeting and not placed on the Problem Plant List.
In the case of FOIA-89-307, that request did not involve Senior Management Meeting information.
9304020088 930224 PDR FOIA JONES 92-A-13 PDR 1
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Mr. Bradley W. Jones i This is a. final agency decision on this appeal'.
As set forth at 5 U.S.C. 552(a) (4) (B), judicial review of this decision is available in a district court of the United' States in the district.in'which you reside or have your principal place of business or'in the
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Distirict of Columbia.
't Sincerely, M
f Hu L. Thomps J
Deputy Executi e D ector for Nuclear Materials Safety, Safeguards j
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Nov& TON TEmas77002 4701220 5600 August 13, 1992 BY HAND DELIVERY i
FREEDDM Of INFORMATION Donnie H.
Grimsley, Director Division of Freedom of Information a ACT REQUEST Publications Service g
y, U.S. Nuclear Regulatory Commission Washington, D.C.
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Dear Mr. Grimsley:
This is a request pursuant to the Freedom of Information Act, 5 U.S.C. 552, and 10 CFR Part 9 for documents relating to Palo Verde Units 1,
2& 3, and more particularly described below.
For the purpose of this request, the term " document" means all memoranda, letters, filings, testimony, exhibits, contracts, transcripts, minutes, notes, drafts, studies, analyses, reports, maps, diagrams, charts, books, articles, pictures, printouts, tapes, or other written, graphic, or computerized information in any form which constitutes agency records under the Freedom of Information Act.
The doeurnents we are requesting can more particularly be 1
described as:
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All documents, as defined above, which describe I'
summarize or otherwise memorialize discussions and/or presentations at the " Senior Management Meetings" held from 1988 through 1990, to the Palo Verde Nuclear Units.which included any references By " Senior Management Meetings" this request means those meetings of senior NRC personnel held to discuss, evaluate and/or reach a determination on what nuclear facilities would be included or be recommended to the Commission for
-t inclusion on the NRC " Watch List".
This " Watch List",
announced approximately every six months, is also known as the " Problem Plant List" or the " Problem Facilities List".
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Donnie H.
Grimsley.
August 13, 1992 Page 2 j
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1 Pursuant to 5 U.S.C.
f552(a)(6), a response to this request is required in ten days.
We are willing to pay all necessary search and copy fees associated with this request.
Please notify 4
the undersigned at.(202) 887-4558 if these fees are expected to i
exceed $400.00.
If any portion of this request is denied, please l
provide a detailed explanation of the reasons for the denial, as required by 5 U.S.C. [ 552(a)(6).
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Sincerely, i
/r e
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Bradley J nes
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OCT 8 1992 Bradley W. Jones, Esquire Akin, Gump, Hauer & Feld, L.L.P.
IN RESPONSE REFER TO FOIA-92-409 1333 New Hampshire Avenue, ITW Suite 400 Washington, DC 20036
Dear Mr. Jones:
I am responding to your letter dated August 13, 1992, in which you requested, pursuant to the Freedom of Information Act, copies of records relating to the Palo Verde Nuclear Units and NRC Senior Management Meeting discussions.
The NRC's policy is not to disclose predecisional information about plants that may have been discussed at Senior Management not placed on NRC's Watch List.
This policy extends Meetings but to withholding the names of plants that may have been discussed but were not placed on the Watch List. Your request is, therefore, being denied pursuant to Exemption 5 of the FOIA (5 U.S.C. 552(b)(5)) and 10 CFR 9.17 (a) (5) of the Commission's regulations.
Pursuant to 10 CFR 9.25(b) of the Conmission's regulations, it has been deterrined that information about plants that may have been discussed at Senior Management Meetings but not placed on NRC's Watch List is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest.
The persens responsible for this denial are the undersigned and James H. Sniezek, Deputy Executive Director for Nuclear Peactor Regulation, Regional Operations, and Research.
This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.29, any such appeal must be in writing,
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Bradley W. Jones, Esquire addressed to the Executive Director for Operations, 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 an Initial FOIA Decision."
Sincerely hfxpis Y AS ik Donnie H. Grimsley, Director Division of Freedom of Information and Publications Services Office of Administration I
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