ML20083K928
| ML20083K928 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 11/18/1994 |
| From: | Keegan M AFFILIATION NOT ASSIGNED |
| To: | NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| FOIA-94-507 NUDOCS 9505150246 | |
| Download: ML20083K928 (4) | |
Text
f CITIZENS' RESISTANCE AT FERMI 2 P.O. Box 463 Monroe, MI 48161 11/18/94 Freedom of Information Officer iREEDOM OF INFORMATION U.S. Nuclear Regulato C
ACT REQUEST Washington, D.C. 2055h ommission
/3rA-99 5d' 7
&& //-22-9V
Dear Sir /Ms.:
Pursuant to the Freedom of Information Act, 5 USC 552 et Seq. as amended; Citizens Resistance at Fermi 2 (CRAFT) hereby request material as described below:
1.
TES Report No. 94V70-13; ' Metallurgical Analysis of Fermi 2 LP 3 Eight Stage Turbine Blading" dated 6/20/94.
2.
Memo to L C. Fron from J.E. Schaefer dated 7/21/94:
Metallurgical examination of Fermi 2 low Pressure 7th stage blading (TES Report No. 94V70-22).
3.
Memo to LC. Fron from 1.D. Black dated 7/22/94:
Metallurgical analysis 7th and eight stage blading (TES Report No. 94V70-30).
4.
Memo to LC. Fron from P.K. Hudson dated July 30,1994; NDE testing of LPand HP Rotors.
5.
DECO Root Cause Report dated July 1994.
6.
GEC Root Cause Report dated 8/8/94.
7.
FPI Root Cause Report dated 7/26/94.
8.
STI Finite Element Analysis Report FB 942.
9.
GEC NDT Reports on the LP Rotor Inspections; Report Nos. T3366, T3367, T3365, for LP 1,2, and 3 respectively.
10.
Wesdyne NDE Report, dated 6/6/94.
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11.
Wesdyne Nondestructive Bore Examination Report, dated 6/27/94.-
12.
Pressure plate Notebook with allinformation identified in L Fron memo H
to W. Rombergdated 7/21/94.
j o
13.
GE Fermi 2 Materials and Fuels Evaluation Final' Report, dated '
September,1994 (Vol.1 & 2).
14.
Copies of all Affidavits pertaining to the recuest by DECO to declare the l
above mentioned documents (items 1 thru if) " proprietary".
m Pursuant, 5 USC 552 (a) (4) (A), we hereby request waiver of all fees in connection with this requee "because furnishing the information can be considered primarily benefitting the general public."
If any fees are to be charged in connection with this request, please notify us in advance for a proval at the above address or at these telephone numbers (313) 457-5979 This advance notice shall notbe necessaryif the fees are tobe less than $25,00 in total. We look forward toyour response within ten (10) business days after you receive this request, as specified in the Act, (FOIA). Thankyou for your help in this matter.
Sgcere b
Michael J. Keegan CRAFT Please find.er. closed for your information 10 CFR 2.790 Public inspections, exemptions, requests for withholding, cc Attorney General FrankKelley U. S. Senator lieberman
- U. S. Congressman John Dingell Governor John Engler
'Ihe Monroe County Board of Commissioners Public Citizen The Union of Concerned Scientists
10 CFR Ch. I O-1-94 EM 52.790 Nuclear Regulatory Commission Ucense, rmit or order. or regarding
- 5 2.790 application with the Comrnission or rule mak ng pr'oceeding subject to this vate institution which furnished infor-(d) Within ten (10) days after service part shall not in the absence of a com-mation on a confidential basis, and. In The application and afndavit shall be the presiding officen of an application for a stay under this pening re fu nondisclosure after a the case of a record or information submitted at the time of filing the in-balancing of the interests of the person compiled by a criminal law enforce-formation sought to be withheld. The information sought to be withheld section. any party may Gle an answer g nondisclosure and the ment authority in the course of a shall be incorporated. as far as pos-supporting or oppo8W the granting of terest in disclosure. be exempt criminal investigation, or by an agency or agency from disclosure and will be made AVAII' conducting a lawful national security sible, into a separate paper. The afflant a stay. This answer pst be no long'f 9"
ess the able fo i 8Fetion and copying in the inteHigence investigation information may designate with appropriate mark-than ten (10) pages. exclusive of ainda-matters in paragraph t 3 I this section NRC c f)ocumer.t Room, except furnished by a confidential source; ings information submitted in the aff1-vits, and should C (v) Would disclose techniques and davit as a trade secret or confidential for matters that are:
or privileged commercial or financial to the extent appropriate. No further (1)tD SD*cincany authorized under procedures for law enforcement inves-information withln the meaning of replies to answers wi11 be entertained. criteria estabushed by an Executive tigations or prosecutions. or would dis-Filing of and servic of an answer on ept secret in the interest close guidelines forflaw enforcement 19.17(a)(4) of this chapter and such in-method, e g., telecop age. mail. of nati I defense or foreign policy investigations or prpsecutions if such formation shall be subject to disclosure the other parties must e by the same order,t only in accordance with the provisions disclosure could reasonably be ex-andt e in fact properly clA381II'd as the method for fil1DE the appliCatton t to such Executive order; pected to risk circumvention of the of 59.19 of this chapter.
law; or (2) A person who submits commercial pursu 12) ated solely to the internal for the stay.
or deny an appHca for a stay, the sonnei rules and practices of the (vi) Could reasonably be expected to or financial information believed to be t
(e) In determining whether to grant Commission or F a ng ofDcer will missi.
endanger the life or physical safety of privileged or conndential or a trade se-(M c ncaHy exempted from di any individual; cret shall be on notice that it is the has sure by statute (other than 5 -
3 (8) Contained in or related to exam-policy of the Commission to achieve an consider; (1) Whether the moving party ded that such statute (1) r ination. operating, or condition reports effective balance between legitimate to prevail on the meri,
quires t the matters be withhe prepared by, on behalf of. or for the use concerns for protection of competitive 552tb). pro made a strong showing that it is likely from the ublic in such a manner as t of an agency responsible for the regula-positions and the right of the public to (2) Whether the par y w H be irrep-scretion on the lasue. or di) tion or supervision of Unancial institu-be fully apprised as to the basis for and (3) Whether e granting of a stay es i@e rticular Criteria f r with-tions; or effects of licensing or rule making ac-arably injured unl stay is granted; leave no would harm other ges; and h
g or refers to particular types or (9) Geological and geophysical infor-tions and that it is within the discre-(4) Where the pub erest Hes.
matters be withheld.
mation and data including maps, con-tion of the Commission to withhold (f) In extraordina G eg3es, where (4) Tf e secrets and commercial or cerning wells, such information from public disclo-sure.
made under this unancial Mormation obtained from a (bXI) A person who proposes that a document (3) The Commission shall determine section. the Commisa n or presiding person and privileged or confidential; or a part be withheld in whether information sought to be with-prompt appucation whole or part from public disclosure on ofncer may grant a E porary stay to
- 15) IDE*f"E*ncy or intraagency mew the ground that it contains trade se-this paragraph: (1) is a trade secret. or held from public disclosure pursuant to without wait-orandums r 1etters which would not preserve the status qu
- r. The appit-be availabte y law to a party other crets or privileged or conndential com-ing for nl1DE d "D rally provided than an ag y in Utigation with the mercial or financial information shall conndential or privileged commercial submit an application for withholding or financial information; and (11) if so, cation may be n'nel and medical files a d accompanied by an afndavit which:
should be withheld from public disclo-the application romptly connrmed Commi U.
sure.
(6) ph shan make similar fi e the disclosure of (H Identines the document or part by teleCOD *f *** sage' Any pSfty ap-i plying under this pa o inform the would const ute a Cgeggly unwarranted sought to be withheld and the position (4) In making the determination re-ation. oraHy invasi t personal privacy; of the person making the afndavit and quired by paragraph (bX3kil of this sec-all reasonable efforts G) Records or information compi di) Contains a fun statement of the tion, the Commission will consider:
other parties of t,
reasons on the basis of which it is U) Whether the information has been if made orally.
for law enforcement purposes, but 0 that the production g claimed that the information should be held in confidence by its owner; RECORDS suchg enforcement records or infor-withheld from public disclosure. Such (11) Whether the information is of a 1g pg :sco, June 27.19911 En ED* '
statement shall addretis with specinc-type customarily held in conndence by go, cae=ptions, tif C uld reasonably be expected t Ity the consideration $ listed in para-its owner and whether there is a ra-AvaILABW #
requests g olding-interfere with enforcement proceed graph (bX4) of this section. In the case tional basis therefor; 32390 Publle 011) Whether the information was of an affidavit submitted by a com-pany, the afndavit shall be executed by transmitted to and received by the W.
g (a) Subject to the provistor.s of para-Would deprive a person of a IIII an officer or upper. level management Commission in confidence; aphs (b). (d), and (e3 of this section* to a fa1r trial or an impartial adj gg, cfncial who has been specifically dele-Oy) Whether the information is avall-aments,s in-nal NRC records and IIII) Could reasonably be expected gated the function of reviewing the in-able in public sources; tion; ciuding but not limited o correspond.
ence to and from t const1t te an unwarranted invasi n of f rmation sought to be withheld and (v) Whether public disclosure of the arding information sought to be withheld is the issuance. de amendment.
authorized to apply for its withholding likely to cause substantial harm to the 1
rivacy; ilV) Could reasonably be expected to on behalf of the company. The afndavit person transfer. renewal, modincation, sus-shall be executed by the owner of the competitive position of the owner of Ma pension. revocation or disclose @ identity of a connd e lncluding a State. local. or gg, information. even though the informa-the information. taking into account ds and docu!"*"t* g agency or authority. or any p tion sought to be withheld is submitted the value of the information to the t in.
s i
tten notes and drafts.
to the Commission by another person. owner; the amount of effort or money.
l If any. expended by the owner in devel-oc
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10 CFR Ch. I (1-1-94 Edition)
Nuclear Regulatory Commiss!on 52.802 i
52.800 whea the document will 135 rn 1143e. Jutr it.17:01 be place the Public Document (2) State clearly and concisely the of the no C f
oping the information; and the ease or Room. If. wit g
time specified in g 2.801 Initiation of rulemaking-e a smnds and intenst in difUcgity with which the information l
the action requested;
'd or dupli.
(
could be properly aC4G the notice. the appitcant requests with-Rulemaking may be initiated by the (3) Include a statement in support of drawal of the ocument. the document Commission at its own instance, on the the petition which shall set forth the cated by others.
l If the Commission determines, win not be place Public Docu-recommendation of another agency of specinc issues involved, the petition-(5) pursuant to paragraph @ () o this sec-will be returned to the the United States, or on the petition of er's views or arguments with respect to -
l that the record or ocument con-ment Roorn an Proy ded That information any other interested person.
1E trade secrets or privilege submitted in a rule ma 1 proceeding those issues, relevant technical, sci-o n.
applicant:
g.
is for g 2.802 Petition for rulemaking.
entinc or other data involved which is ndential commercial or unanc which subsequen ly reasonably available to the petitioner, then de-the nnal rule M g a withheld from (a) Any interested person may peti-and such othar pertinent information mation, the Commission w i
termine (1) whether the right of the public disclosure by the Commission tion the Commission to issue, amend or as the petitioner deems necessary to ublic to be fully "DDfi8'd as to the and wilt not be r rned to the appli-rescind any regulation. The petition support the action sought. In support sed ac-ases for and effects of the p cant after dent f any application for should be addressed to the Secretary, of its petition, petitioner should note d con-ted in connection U.S. Nuclear Regulatory Commission, any specinc cases of which petitioner tion outweighs the demons withholding su l
cern for protection of a com with that informadon. If a request for Washington DC 20555. Attention: Chief, is aware where the current rule is un-o_
mation sition and (11) whether the withholding purs ant to paragraph (b)
Docketing and Service Branch.
duly burdensome, deficient, or needs to disclo.
anted, the Commis-(b) A prospective petitioner may con-be strengthened.
should be withheld from pu of this section is sure pursuant to this paragra h if the ston will notify E appucant of its de-sult with the NRC before filing a pett-(d) The petitioner may request the ch with-record or document for w termination to w@ hold the informa-tion for rulemaking by writing the Di-Commission to suspend all or any part holding is sought is deemed by the tion from pub dbclosure.
rector, Freedom of Information and of any licensing proceeding to which Commission to be irrelevant or unnec-(d) The following information shall Publications Services Office of Admin-the petitioner is a party pending dis-te func.
ercle or nnan-1stration.
U.S.
Nuclear Regulatory position of the petition for rulemaking.
essary to the performance of be deemed to be co tions, it shall be returned to the appu-cial information w t e meaning of Commission. Washington, DC 20555, At-(e) If it is determined that the pett-ter and shan be tention: Chief, Regulatory Publications tion includes the information required 59 g7(ay4) of this cant (6) Withholding from pdlic inspec-subject to disclo e only in accord-Branch. A prospective petitioner may by paragraph (c) of this section and is tion shan not affect the right. if any.
ance with the pro ions of 59.19 of this also telephone the Regulatory Publica-complete. the Director. Division of f
rsons properly and direc y con-tions Branch on (301) 492-7086 or toll Freedom of Information and Publica-ent. The chapter, erned to inspect the doc (1) Correspondence and reports to or free on (800) 368-5642.
mation tions Services, or designee, will assign claimed to be a trade secret privi-from the M d eontain informa.
(1) In any consultation prior to the a docket number to the petition, will Commission may re@
or n-tion or records conc ing a licensee's Sling of a petition for rulemaking, the cause the petition to be formany dock-to - or applicant's phys protecuon or masistance that may be provided by the eted, and will deposit a copy of the leged or conndential commere material control d accoundng pro.
NRC staff is limited to-nancialinformauon W M M docketed petition in the Commission's e etion: (1) Under a protective agree-gram for special n clear material not (1) Describing the procedure and proc-Public Document Room. Public com-g v-by contractor personne otherwise designated as Safeguards In-ess for filing and responding to a peti-ment may be requested by publication m nt ernment officials other than NRC offt-formation or classin a Nauonal Se-tion for rulemaking; of a notice of the docketing of the pett-cials; (ii) by the presiding o neer m a curity Information or Restricted Data.
(11) Clarifying an existing NRC regu-tion in the FEDERAt. REGtSTER. or, in and (iii) under protective ed in con.
lation and the basis for the regulation; appropriate cases, may be invited for (2) Information su and F0 des to a proceedin ndence to the Commission by a foreign the nrst time upon publication in the der
- y o o (iii) Assisting the prospective pett-FEDERAL REGISTER of a proposed rule decision of the Cod tion source, an or tioner to clarify a potential petition so developed in response to the petition.
t e matter of whether the info (e) The presiding ofncer that the Commission is able to under-Publication will be limited by the re-e or hould be made pubucly av ence u hen a decision has been made that the the Commission may. W ts n'd stand the nature of the issues of con-quirements of section 181 of the Atomic fnformation should be withhe d from the NRC records and doc cern to the petitioner.
f a glable pursuant t 3,c on, Energy Act of 1954, as amended, and e
for-issue orders consistent
- provi-(2) In any consultation prior to the may be limited by order of the Com-blic disclosure. In camera sess arings may be held when sions of this section and $.
c)-
filing of a petition for rulemaking in mission.
- ught to be withhe pro-providing the assistance permitted in (f) If it is determined by the Execu-h ms, as amended C C Daragraph (bXI) of this section, the tive Director for Operations that the or offered in evidence.
[41 FR 11810 C mission subsequently dete es 1 ; 52 FR 49355, Dec E NRC staff will not draft or develop text petition does not include the informa-FR 1 Q
- 13. 19861 or alternative approaches to address tion required by paragraph (c) of this the information shoul 198 ;
at matters in the prospective petition for closed. the information and the oc@ of such in camera session W 1 Stibp0d -- Rulemoking rulemaking.
section and is incomplete. the pett-e Moner will be notined of that deter-mada bucly avanable.
(c) Each petition nled under this sec-mination and the respects in which the a request for withholding pursu-p.300 Scope of ruiceaking.
1104 shall:
the issuance.
G) Set forth a general solution to the petition is dencient and will be ac-ant to paragraph (b) of this secti This subpart gover corded an opportunity to submit addi-a M ngulatters problem or the substance or text of any tional data. Ordinarily this determina-denied the Commission win not amendment and repe interestd Droposed regulation or amendment, or tion will be made within 30 days from
$cInt for withholding of the denial * *;^'to"*"A s'#7 a t3rd %"afs'*of tNEde in which participation section %1 89ecify the regulation which is to be the date of receipt of the petition by no.
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