ML20058K579
| ML20058K579 | |
| Person / Time | |
|---|---|
| Site: | Columbia, Rancho Seco |
| Issue date: | 05/22/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Zimmerman B FRIEDMAN, COLLARD & POSWALL |
| Shared Package | |
| ML20058K590 | List: |
| References | |
| FOIA-90-76 NUDOCS 9007100278 | |
| Download: ML20058K579 (7) | |
Text
I U.S. NUCLEAR REGULATORY COMMISSION Nac eoia atoutsi Nvuot nu m,
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(._T 91 i
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l RESPONSE TO FR EDOM &F
.X l'a^t Il=t INFORMATION ACT (FOlA) REQUEST
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MAY 2 21990 oooee DOCKET NUMOLM(Sb ift aps caefel e
Raoutsun Barry A. Zimmerman t
PART l.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boaes)
No egency records subsect to the request have been located.
l Peo oddet.aonal egency records subpoet to the requert have been located.
Requested records are availet4e through another public distribut.un prog sm. Su Comments Section.
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Agency records subrect to the request that are identified on Appendielest are already eveilable for pubhc mapection and copying m the NRC Pubhc Document Room 2120 L Street. N W., wasNngton. DC 20bf>5 X
Agency records subiect to the request that ar's identified on Appendiulest H
are bemg made avealable for pubhc mopection and copymg m the NRC Pubhc Document Room. 2120 L Street. N.W., Wa:Nngton, DC, m e folder under thts FOIA number end requator name.
The nonproprietary version of the proposalts) that you agreed to accept m a telephone conversation with a member of any staff to now bemg made evadable for pubhc hopection end copyng at the NRC Pubhc Document Room 2120 L Strut, N.W. Wa:Nngton DC, m a fonder undes this FOlA number and requester name.
Agency records subject to the request that ers identified on Appenentesi may t,e mspected and copied at the NRC Local Pubhc Document Room identified in the Comments Section.
cncio d is infonnetion on how you may obism access io.nd the enaro.s for copying r. cords pieced m the NaC Pubhc Docum.nt Room. 2:20 t Street N w..
w ohmaion.DC.
y Ag.ncy r. cords svia.ct to th.,.qu.si er. ancinsedhm. H. M MmWe mdim M h. a hmm m udm1:,
Records sub,.ci to the requ.si have d.en e.i.rr.d to.nethe, r.d.rei agencyise.i for r. view and di eci,esponse io you.
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$243.47 vou we be be.d by the NRC fo, f e toiahng in view of NRC's responu to tNs request a further action is bemg teen on appealletter dated No.
PART I. A-INFORMATION WITHHELD FROM PU8UC DISCLOSURE Certam mformation m the requested reco: is bemo withheid from pubhc disclosure pursuant to the exemptiens described m and for the reasons stated m Part II.
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sections B. C, and D Any relaesed portic e of the 1ocuments for wNch only part of the secord es bemg withbeid are being made avadatde for public mspection and c 5yng m the NRC Pubhc Documera Roc 2120 L Street. N.W,. WesNngton. DC. m a folder under tNs FOIA number and requester name_
1 COMMENTS In your letter dated April 9,1990. you agreed to pay the fees associated with processing your request in the event the NRC decided against granting your fee waiver request.
You were i
informed by letter dated April 25, 1990, that your request for waiver or reduction of fees has been denied. Therefore, you will be billed by the NRC Division of Accounting in the amount of $243.47 for fees for processing your request.
Actual fees:
$167.87 (6 hrs., 45 mins. Professional search 024.88 per br) 75.60 (378 pages duplication 0.20 per page [this number reflects the 100 pages which you are entitled to free of charge])
$243.47 URE, OtR TOR FREEDOM OF INFORMATION ANO PUBLICATIONS SERVICES
/.
Z IMMER MA90 -76 PDR L
NRC FtA*a 464 fp=. ti rii es, j
FOlA DATE MAY 2 2 1900 FREEDOM OF INFORMATION ACT RESPONSE roiA Nuuntasisi e
PART p.8 - APPUCABLE EXEMPTION.S....
i-Records subject to ttre request that are described on the enclosth Appendenles)..
. are being withhela in their entleety or an part under the {
E semptions and for the reasons set forth below pursuant to 5 U S C 6521bl and 10 CFR 917(al of NRC Regulations e
1 The withheld intermation is properly Classified pursuant to Executsve Order IExf MPTION 1 2 The withhead enformation relates soieiv to the internal personnet rules and procedures of NRC IE xf MPTION 2) l 3 The withhend erformation is specificativ esempted f rom pubsec disclosure by statute indicated IE xEMPTION 31
_7 Sections 141 145 of the Atomic E nergy Act wh ch proh' bets the disclosu e o' Resu*cied Data or Sormertv Respected Data i42 U S C 2161 2165i l
r
_. _ _ _. ~
l Sec tion 14 7 of the Atomic Energy Act wheh prohebits the disclosure of Unclassified Safeguards informai.or' 442 U S C 21 E. h
_5 4 t > e withhead informateon is a trade sec ret or c ammerceal or financial information that is being withheld for the reasonts) indicated (E XEMPTION 4)
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+5e inf ormation is considered to be confidential business (proprietarvi inf ormation The.nf ormation is considered to be proprietary informatecn pursuant to 10 CF R 2 '790idH 1 b The erle-mation was submitied and received in cont.dence pursuant to 10 CFR 2 790td n26
_X +. 6_The withhed information conosis o inie.egenc, e intraagenc y records that are not a saaem through discovery du s
.._s..._--..hngaton tE xtMPTION Si Apputable Privilege nn Dehberative Process Disclosure of predecisional informateor' would tend to enhbit the oper and leank e nctange of ideas essential to the de hberative process _ _ _ _ _..
[ Wh'le records are *:thheld in their entvety the f ac ts are enemincably intert ained nett tht predeCisaOnal information There disc s'e no reasonably segregable f actual port ons because the release of the f acts would permet an ind. rect inquirv into the predecisiorial proc ess of the age.nc y.
.- _ _ ~ -. _ _ _
__.___ _ _. _ _ _. _ _ _.Attornev work perk sci privdege ' Dos uments prepared by at
_c on t e n.piai cor_of 1.tigation '
attornew <r ktIofnes c herlt pr W ifeQe (( On hdent ed (Ummunit at enf m hel w etm a rl a f lus he v send D's he f Ont '
6 The withheid informanon is e sempied frow pubac dociosu e bu ause its disciosu e *ouse result en a clearis unm a" anted nvauor c' personai privac y #E xEMPTION 6e r
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7 The withheid information censists of records compiled f oe law enf orcement purposes and is t,emg *ithheid f or the reasonisi nd+cated 4 xEMPTION 7) i
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Dmclowre could raasariabis t+ e spected to +nterf ere with an enf ort ement proc eed.ng ner ause it could 'ev ea Ibe o ope direc tiori and focus of en totcement ef f arts and thus f GuidimSibiv a40* them f(.tah e g lior' 10 shieid potent-d A 'OngdotDQ o' a s iOIal'on O' W requir emeent g hom investigatgrg
.E_.X E M_P T iO N 7 iAi.
- Disclosure would consht te an unwarranted invasion of personai privacy 4E xE MPTION 7tC h I
,_....q.__-._.____.__._.
The inf ormation cons.sts o' names of ind edua's and other inf orrnahon me d st losure of whn b cou d reasor abiv be enoected to reveal identities of a
c Onhdentia. sourc e s 'E 1 E MMION Di-1 Other 1
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PARTIl C -DENYtNG OFFICIALS Pursuant te 10 C5 R 9 25sb and on 9 25 it' or the c 5 Nm ' ear Regula t or, C ornmis s+or eguiations il has beF determir,ed that the.nformation withhead is e =empt j
trom produc tion u d sr 'osure are the is producnor m ts mo e a cont a% tu the rur% im,r e s t 'he per sons respons4bse f or the denia! are those of ficiars ederit f.co r
l beso* as denving of t.c.as and the Dir es,or Dvs.on of 5 eedom of m'ormat or' drid Pubii< at ens Sew es OH c e o' Administ anor. and Rescortes Management forany i
den.ais that may be appered to the E sorcut ve Dire tor to Ope atnns.t DO.
r DENYING OFFICIAL f l T L E,OF FIC E RECORDS DENIED APPELL ATE OFFICIAL
_Ihomn. Llhlrley Reactor Regulation I/1 A
Assistant Secretary o te JohnL_licyte__
Commission 1/2 X
X
_ Ben _B m HayR C Director, Of fice of Investigations g_
PART 11 D-- APPEAL RIGHTS The denial by each denying of fical identified en Part 11 C may be appeated to the Appellate Offical identified in that section Any such appeal must be in wnting and must be made with.n 30 days of receipt ofthis response Appeals must be addressed as appropnate to the E xecutive Director for Operations or to the Secretary of the Commission U S Nuciear Regu#atory Commission Washington DC 20555 and should cleativ state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision Nac popu asa ip.i 2:
U.S. NUCLEAR REGULATORY COMMISS4ON FOIA RESPONSE CONTINUATION l
L.
t s
Re:
FOIA-90-76 APPENDIX G DOCUMENT ALREADY AVAIIABLE IN-THE PDR NUMBER DATE DESCRIPTION 1.
3/17/88 Letter from George Kalman to G.
Carl Andognini, subject:
Amendment No. 98 To
-Facility Operating License No. DPR-54 Rancho Seco Nuclear Generating Station.
PDR Accession No. 8803300397.
(Document also available in the Local.Public Document Room for Rancho-Seco.]
f i
I Re:
FOIA-90-76 APPENDIX H DOCUMENTS BEING PLACED IN THE PDR NUMBER-DATE DESCRIPTION 1.
1/12/86-Memo from Ben B. Hayes to Chairman Zech, subject: Notification Of Opening Of OI-Investigations.
(1 page) 2.
6/6/86-AllegationLData. Input.
(l'page) 3.
7/3/86 Memo from A.
D. Johnson to Jane Axelrad, subject:
Rancho-Seco -- EA 86-110 HP/EP WNP-2 - EA~86-70; Fire Protection.
(1_page) 4.
12/10/86 Handwritten note of M. Cillis regarding request for additional information. (5 pages) 5, 12/16/86 Memo from J. 8. Martin toLR'. Marsh, subject:
Priority of Investigations.
'(1-page) 6.
8/14/87 Memo from B. Faulkenberry to R. Marsh, subject:
OI Investigations Impacting Restart.
(1 page) 7.
9/3/87
. Memo _-from J. B._ Martin to R. Marsh, subject:
Reporting the Status of Pending Investigations.
(1 page) 8, 10/22/87 Memo from'V. Stello to J.
Lieberman,.T.-
Murley, and J. Murray', subject':
Transmittal Memo Dated October 16, 1987 OI Report No. (5-86-010) Dated October 16, 1987, regarding Rancho Seco.
(1 page) 9.
11/12/87 Memo.from Ross-Scarano to Robert _ Marsh, subject:
Reporting of Radioactive Effluents Released From Ranchot Seco Nuclear Generating Station. (2 pages) 10.
2/12/89 Information Sheet. (1 page) 11.
4/20/88 Memo from Ross Scarano to Robert' Marsh, subject:
Rancho Seco Effluents Release Amendments.
(1 page)
(Attachment to this memo are identified.on~ Appendix G.)
12. -
2/6/89 Region V Morning Report, subject:
Unplanned-Gaseous Effluent Release - PNO-V-89-11 Followup.
(1 page)
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Re:
POIA-90-76 APPENDIX H DOCUMENTS BEING PIACED IN THE PDR (Continued)
NUMBER DATE DESCRIPTION 13.
Undated Notice of Significant Meeting.
(1 page):
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Re FOIA-90-76 APPENDIX I DOCUMENTS'BEING WITHHELD IN THEIR_ ENTIRETY NUMBER DATE DESCRIPTION' 1.
11/3/88
- Memo from-Dennis Crutchfield to James
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Lieberman, subject:
EA 86-119 - Rancho Seco
-Radioactive Effluent Discharge.
(2 pages)
Withheld'in entirety purasant-to Exemption 5.
2.
1/3/89
-Questions from Chairman Zech's_ office regarding SECY-88-339 - Prope. sed Enforcement Action Against Sacramento MunAcipal Utility _
District. (2 pages)
Withheld in entirety.
pursuant to' Exemption 5.
I
-me v
m Re:
APPENDIX J DOCUMENT BEING RELEASED IN PART NUMBER DATE DESCRIPTION E
1.
Undated Handwritten notes of investigster's telephens I
conversation with an indiv1 dual.
43 pages)
Portions withheld pursuant to Epeption 7(D).
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I Lt.w C. F.C. S FRIEDMAN. COLLARD & POSWAL1, "U. "i X*a"'r
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Pebruary 14, 1990 n','*/,'..',% t"d.
I
}Mtt00M Of Ifff0RMAil0ll ACT REQLIEST Donnie H. Grimsley, Director
_ M"fD*7(,
Division of Freedom of Information My pgO4b and Publication Services Offices of Administration and
~-
Resources Management UNITED STATES NUCLEAR REGULATORY COHHISSION Washington, D.C.
20555 i
Re Freedom of Information Act Request
Dear Mr. Grimsley:
As you will recall, on November 3, 1988, a Freedom of Inforention Act request was made on behalf of persons living within the vicinity of the Rancho Seco Nuclear Power Plant with j
respect to the United States Attorney's criminal investigation of Sacramento Municipal Utilities District employees following the discharge of-radioactive liquid waste water at the plant.
A portion of this FOIA request was referred to the Nuclear Regulatory Commission.
See your FOIA number 89-2..
The NRC has previously produced those records it supplied to the U.S. Attorney's Offh e ac part of the U.S. Attorney a investigation into possible criminal indictments against SMUD employees.
I am now initiating a separate request on behalf of persons living within the vicinity of the Rancho Seco Nuclear Power Plant for further NRC documents.
Pursuant to Title 5. U.S.C. Section 552, request is hereby made for any and all documents, letters, interviews, statements, and any other tangible things or effects regarding the Nuclear Regulatory Commission's investigation of liquid radioactive discharges from the Rancho Seco Nuclear Power Plant leading up to-the determination to impose regulatory penalties upon the Sacramento Municipal. Utilities District in or about January, 1989.
Request is further made for any and all documents, letters, interviows, statements, and any other tangible things or effects regarding the discharge of radioactive liquid effluent from the NW
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Page 2 of 2 Donnie R. Grinsley, Director February 14, 1990 Rancho Seco Nuclear Power Plant fo11oving the assessment of 4
penalties by the NRC'against SMUD in or about January, 1989.
Application is also hereby made for vaiver of fees in connection with this request on the 3round that the information primarily benefits the general public.
In addition, many of the people upon whose behnif this FOIA request is made, are persons i
who have qualified for in forma pauperis protectiotas under California law.
A response to this request is to be provided within twenty
[
days pursuant to applicable Federal law.
j Very truly yours, l
FRIED AN, C9L RD & POSWALL F
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BARRY
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ERMAN BAZarh I
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NUCLEAR MEGULATORY COMMissl0N I
- 88'ON V
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a NOV 121987 MEMORANDUM FOR:
Robert G. Marsh, Director Office of Investigations, Field Office, Region V FROM:
Ross A. Scarano Director Division of Radiation Safety and Safeguards i
SUBJECT:
- PORT, ' 0F RAD 10ACT!YE EFFLUENTS RELEASED FROM R.HO SECO NUCLEAR GENERATING STATION This is in responst.o your request to define how our evaluation of l
radioactive effluent releases from Rancho Seco was affected by the acts and conduct of licensee representatives during the time of concern.
]
10 CFR 50.36a requiring technical specifications on effluents from nuclear power reactors states in (a)(2) *Each licensee shail submit a report to the Commission within 60 cays after January 1 and July 1 of each year, that specifies the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in gaseous effluents during the previous six months of operation, including any other information as may be required by the Commission to estimate maximum potential annual radiation doses to the public resulting from effluent releases."
s Licensee Technical Specification 6.9.2.3 Semiannual Radioactive Effluent Release Report specifically implements this requirement on the Sacramento Enlcipal LTITTity District.
On July 21, 1984, the licensee implemented Amendment No. 53 to the R$NGS TechnicalSpecifications(T.S.).
This amendment incorporated 10 CFR 50 Appendix 1, Numerical Guides for Design Objectives and Limiting Conditions for Operation to Meet the Criterion 'As Low As Is Reasonably Achievable" for Fa31oactive MaGrTaTinTiiht-Water f651ed NuclEr Power Reactor Effluents, requirements into the7.5.
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The licensee submitted Special Report No. 84-07 on September 27, 1984, l
(RJR84-425)asrequiredbyT.S.3.17.2and3.25toreportthatthe cumulative calculated radiological exposure resulting from liquid effluents exceeded the calendar quarter and calendar year dose limits of T.S. 3.17.2 and fuel cycle dose limit (40 CFR 190) of T.S. 3.25 for calendar year 1984 through August 31, 1984.
In their September 27, 1984 letter, they stated that, "The District now is limiting its discharges so that 10 CFR 50 Appendix 1 limits will not be exceeded."
In their " Attachment to Special Report 84-07' the licensee presented their near and long. term corrective actions.
In response to this licensee submittal, NRC issued a letter dated November 15, 1984 which concluded, based on the corrective actions taken and planned, that a variance for continued operation pursuant to 40 CFR 190.11 was not needed, s
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R. Marsh 2
It is NRC Region V's responsibility to review Semiannual Radioac'.1va Effluent Release Reports and to verify selected dose calculations in orde; for the Commission to implement its responsibilities pursuant to 40 CFR 190.
The NRC's review of Table 2A of the licensee's Semiannual Radioactive Effluent Release Report dated September 26, 1985, which stated "no releases containing detectable fission or activation products were made in the period of January through June 1985" resulted in no effort to perforin a dose calculation to estimate the maximum potential annual radiation dose to a member of the public from this source.
Review and acceptance of the licensee's statement that no detectable radioactive materials were released, caused the Region to believe that the licensee was implementing the commitment to comply with the dose objectives of 10 CFP. 50 Appendix 1, which is less than the 40 CFR 190 limit, thereby affirming the appropriateness of the NRC's decision not to issue a variance for continued operation.
Should you have any questions regarding this matter, please feel free to contact me directly.
M L:f Ross A. Scarano. Director Division of Radiation Safety and Safeguards 4