ML20044A480
| ML20044A480 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 05/23/1990 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Burger K MARYLAND, STATE OF |
| Shared Package | |
| ML20044A481 | List: |
| References | |
| FOIA-89-396, FOIA-89-A-35 NUDOCS 9006290107 | |
| Download: ML20044A480 (3) | |
Text
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UNITED STATES l
NUCLEAR REGULATORY COMMISSION VY A$Hilv01 Dad. D. C. 20%6 l
s MAY 2 31990 Kirsten A. Burger Assistant People's Counsel Maryland People's Counsel IN RESPONSE REFER Y
231 East Baltimore Street TO F01A-89-A-35 Baltimore, MD 21202 (F01A-89-396)
Dear Ms. Buroer:
This is in response to your letter dated December 26, 1989, in which you appealed Mr. Donnie H. Grimsley's response dated November 24, 1989.
fir. Grimsley's response denied 14 records, identified on the enclosed appendix, sub,iect to.your Freedom of Information Act (FOIA) request for information concerning senior manaaement meetings regarding the Calvert Cliffs nuclear power plant.
Actina on your appeal, I have carefully reviewed the record in this case and have determined that some of the previously withheld information can now be made publicly available. Document fourteen and portions of documents six through twelve, listed on the enclosed appendix, can now be made publicly available and are enclosed. Your appeal is, therefore, partially granted and partially denied.
Document seven, listed on the enclosed appendix, contains information that is outside the scope of your reauest because it pertains to power plants other than Calvert Cliffs. This inforn.ation has been deleted from the document and the notation "05" has been placed next to the deletions.
Documents one through five and thirteen, and the remaining portions of documents six and eight through twelve, listed on the enclosed appendix} will continue to be withheld from public disclosure of the F01A (5 U.S.C. 552(b)(5)) and 10 CFR 9.17(a)(5) pursuant to Exemption (5 of the Consnission's regulations.
Documents one through five pertain to the NRC management conferences where the Calvert Cliffs plant was discussed but before the plant.was placed on the NRC
" problem plant list" or retained on the list.
This withholdino encompasses all references to the Calvert Cliffs plant at such conferences and includes all discussions, whether favorable, unfavorable, or neutral, in many instances plants are discussed for reasons that are not associated with the NRC " problem plant list", i.e., that a plant is scheduled for a refueling outage and NRC inspections.
Nevertheless, the consideration of plants for placement on the-NRC " problem plant list" is the primary focus of these management meetings, and the fact that a plant has been discussed at a NRC management conference could generate undue concern on the part of the public and licensee.
In addition, NRC reserves the right, should the case arise in the future, to assert any.
particular exemption that may also apply to documents one through five.
9006290107 900523
$CE A-35 PDR
t Kirsten A. Burcer,
Documents six through fourteen pertain to the NRC management conferences where the Calvert Cliffs plant was discussed and the plant was first placed on the NRC " problem plant list" or retained on the list. The withheld portions of.
i documents six and eight through twelve contain the advice, opinions, and recommendations of the staff.
Exemption (5) shields from mandator.y disclosure information generated in the deliberative process that precedes decisions of
[
covernment agencies.
Docunent thirteen is a draft which was prepared prior to and in the course of reaching a final agency decision.
Exemption (5)wasintendedtopermitthe agency's withholding of such documents to preserve the free and candid internal dialogue necessary for the careful formulation of agency decisions.
The final version of this document has already been made publicly available and is i
enclosed.
t This is a final agency action.
As set forth in the FOIA (5 U.S.C.
l 552(a)(4)(B)),.iudicial 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 District of Columbia, i
Sincer ly,
~
t ft)?
lugh. Thompson, r.
puty Executive Director 1
do Nuclear Mat ri afety, Safeguards l
Operations Supp' rt
Enclosures:
1.
Appendix 2.
Documents i
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1 1
1
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Re:
F01A-89-A-35 APPENDIX NUMBER DATE DESCRIPTION 1.
6/2-3/87.
Backup Paper for EDO Senior Management Meeting, Calvert Cliffs Units 1 and 2 (14 pages) EX. 5 2.
5/87 Overview, Calvert Cliffs 1/2 (20 pages) EX. 5 3.
Spring 1988 Regional Administrator Briefing Package -
Calvert Cliffs Units 1 and 2 (5 pages) EX. 5 4.
6/88 SALP Nistory (26 pages) EX 5 I
5.
6/88 Calvert Cliffs (9 pages) EX. 5 6.
Fall 1988 Regional Administrator Briefing Package -
CalvertCliffsUnits1and2(5pages) PORTIONS RELEASED ON APPEAL, EX. 5 7.
12/88 NRR Input (23 pages) PORTIONS RELEASED ON APPEAL, PORTIONS OUTSIDE SCOPE OF REQUEST 8.
12/88 Calvert Cliffs Units 1 & 2 (25 pages) PORTIONS RELEASED ON APPEAL, EX. 5 9.
Spring 1989 ReaionalAdministratorBriefingPackag)e-Calvert Clifft Units 1 and 2 (4 pages PORTIONS RELEASED ON APPEAL, EX. 5 10.
5/89 Regional Administrator Briefing Package. Rev. O, 4/12/89, Calvert Cliffs Nuclear Power Plant, Units 1 and 2 (10 pages) PORTIONS RELEASED ON APPEAL, EX. 5 11.
5/89 RegionalInput(17pages)PORTIONSRELEASEDON APPEAL, EX. 5 12.
5/89 Calvert Cliffs (17 pages) PORTIONS RELEASED ON APPEAL, EX. 5 13.
5/89 Executive Summary Supplemental Information (6 pages) EX. 5 14.
5/15/89 Memorandum from J. G. Partlow to T. E. Murley, re: Calvert Cliffs Significant Events and Issues with attached chronology (12 pages) RELEASED ON APPEAL i
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