ML20042C316
| ML20042C316 | |
| Person / Time | |
|---|---|
| Issue date: | 12/14/1981 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Elliott C THOMAS & HAIR |
| References | |
| FOIA-81-480 NUDOCS 8203310204 | |
| Download: ML20042C316 (1) | |
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Ogglg December 14, 1981
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as Charles W. Elliott, Esquire b.4'/ 7N:D Thomas and Hair - Suite 101 INRESPONSEREdhg 123 North Fifth Street Allentown, PA 18102 TO F01A-81-480
Dear Mr. Elliott:
This is in reply to your letter dated October 27, 1981, in which you requested, pursuant to the Freedom of Informat. ion Act, that a copy of the fault trees which were transmitted to the NRC by Mr. Eugene J.
Bradley of the Philadelphia Electric Company, with his letter dated March 17,1981, be released for public scrutiny, transmitted to all recipients of the Probabilistic Risk Assessment document, and placed in the appropriate Public Document Rooms.
In response to your request we have determined that the document you requested contains information which is confidential business (proprietary) information. This information is being withheld from public disclosure pursuant to exemption (4) of the Freedom of Information Act (5 U.S.C.
552(b)(4)) and 10 CFR 9.5(a)(4).
Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. Harold R. Denton, Director, Office of Nuclear Reactor Regulation.
This denial may be appealed to the Commission's Executive Director for Operations within 30 days from the receipt of this letter.
As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, D.C. '20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."
Sincerel,
M J. M. Felton, Director Division of Rules and Records Office of Administration 8203310204 811214 I
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- "C'u'uir'HO E October 27, 1981.
w ihr_COV. OF INFORMATION N J CJ,REQUE,S L Mr. Darrell G. Eisenhut Director, Division of Licensing FoIA-StH B0 s.
Office of Nuclear Reactor Regulation l
United States Nuclear Regulatory Commission M#
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Washington, D. C.
20555 Re:
Limerick Nuclear Generating Station Units 1 and 2, Docket Nos. 50-352 and 50-353
Dear Mr. Eisenhut:
By letter. dated March 17, 1981, Eugene J.'Bradley of the Philadelphia Electric Company transmitted to Harold R. Denton copies of the Limerick FSAR, Emergency Plan, and other documents,. including a two volume Probabilistic Risk AssessmenE 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 (dI'of the Commission's Regulations for security reasons."'
On October 22, 1981, the Commission published its final rule regarding protection of unclassified safeguards information, (46 FR 51718-51726,) amending 5 2'.79.0 (d), the
-regu al tion relied upon by Philadelphia Electric Company for withholding the fault trees prepared as part of the PRA from public disclosure.
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w..The supplement.ary information set forth in the a--
final rule explicitly disclaims. any Commission int;ention that E 2.790 (d) authorize the withholding from public s'crutiny o'f information developed as part of a probabilistic risk go3 assessment.
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u Mfw Eisenhut -- 2 October 27, 1981 s
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 y3 ue to a potential 1
saboteur, has concluded that on balance the public interest is better served if all safety-related studies are available for scrutiny.
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question also arises concerning the legality of withholding information under Section 147 that is neither related to a. licensee's physical protection program nor produced in response to security considerations."
It is clear, therefore, that 3 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 trees 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 Booms.
In the. alternative, you may consider this letter a request for access to copies of the fault trees pursuant to 5 USC B 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 request.
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Very truly yours, fjm f.*-
CWE:cs Charles W. Elliott l
cc:
. Official.-Limerick Service List -
. sc-l as of October 23, 1981.
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