ML20107L549

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Final Response to FOIA Request for Six Categories of Documents Re Application of Sholly Amend to TMI-1 Steam Generator Amend.App a Documents Available in Pdr.App B Documents Withheld (Ref FOIA Exemption 5)
ML20107L549
Person / Time
Site: Crane Constellation icon.png
Issue date: 11/30/1984
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Bell N
NUCLEAR INFORMATION & RESOURCE SERVICE
Shared Package
ML20107L552 List:
References
FOIA-84-148 NUDOCS 8502280699
Download: ML20107L549 (4)


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NOV a 0 E84 Ms. Nina Bell Nuclear Safety Analyst Nuclear Information and Resource Service 1346 Connecticut Avenue, NW, 4th Floor IN RESPONSE REFER Washington, DC 20036 TO F01A-84-148

Dear Ms. Bell:

This is a final response to your letter dated March 1,1984, in which you requested, pursuant to the Freedom of Information Act (FOIA), six categories of information pertaining to the application of the "Sholly Amendment" to the consideration of the Three Mile Island-1 Steam Generator operating license amendment.

Documents 1 through 4 identified on the enclosed Appendix A are being placed in the NRC Public Document Room (PDR). These documents will be filed in PDR folder F01A-84-148 under your name.

Documents 5 and 6 on Appendix A are already available in the PDR.

You may request copies of these documents from the PDR by referring to their accession numbers as indicated on the appendix.

The four documents listed on enclosed Appendix B are being withheld from disclosure. Documents 1, 2 and 3 contain the predecisional legal analyses, opinions and recomendations of the Office of the Executive Legal Director for the Comissioners. Document 4 contains the predecisional legal analyses, opinions and recomendations of a legal assistant to the Comissioner he advises. The documents do not contain any reasonably segregable factual portions.

Because the documents are predecisional communications between the staff and the Comissioners, the documents are exempt from mandatory disclosure pursuant to Exemption (5) of the FOIA (5 U.S.C. 552(b)(5)) and the Comission's regulations,10 CFR 9.5(a)(5). Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process.

These documents are being withheld in their entirety.

Pursuant to 10 CFR 9.15 of the NRC'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 person responsible for this denial is Mr. John C. Hoyle Assistant Secretary of the Comission.

85022g699e41130

$L84-g PDR

This denial may be appealed to the NRC within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, 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 F0IA Decision."

This completes action on your request.

Sincerely,

. Felton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated 1

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e Re:

FOIA-84-148 APPENDIX A Documents Being Placed in PDR 1.

1/10/84 Memo to Comissioner Asselstine from William Dircks re:

Three Mile Island I w/ enclosures Licensee Amendments, Orders, Etc. on Steam Generator Repairs or Replacement (13 pages) 2.

1/16/84 Letter to Nunzio Palladino from Morris Udall re: Oversight Hearing on NRC's Budget w/ enclosure Questions Attached to Chairman Udall's January 22, 1984 Letter to the NRC (4 pages) 3.

2/3/84 Routing slip to Tom Rehm from Fred Combs re: Q&A Format w/ enclosure 1/24/84 letter to Rehm from Combs (6 pages)

  1. 8402090654 4.

3/24/84 Cover Sheet - Fax to Cunningham from Dorian (1 page)

Documents Already in POR 5.

8/23/82 Letter to Henry Hukill from Darrell Eisenhut re: Three Mile Island Unit 2 PDR No. 8209100022 PDR/ADOCK/50-289P (2 pages) 6.

10/13/82 Letter to Henry Hukill from Darrell Eisenhut re: TMI-1 Steam Generator PDR No. 8210010466 PDR/ADOCK/50-289P w/ enclosure Safety Evaluation by the Office of NRR re: TMI Unit 1 (16pages) i l

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Re:

FOIA-84-148 APPENDIX B Documents Withheld Under Exemption 5 1.

1/4/84 Memo from Dircks to Commissioners, subject: Three Mile Island Unit 1 (TMI-1) Steam Generator Repair - No Significant Hazards Determination (Attachments addressed in Appendix A, documents 2 and 3) (15 pages) 2.

Undated to cover sheet dated 3/24/83 faxed to Cunningham from Dorian transmitting enclosure 3, typed double-spaced pages re "significant hazards consideration" with handwritten notations (15 pages) Cover sheet released (1 page) see App. A 3.

Undated Draft memo from Dircks to Commissioners, subject: Three Mile Island, Unit 1 (TMI-1) Steam Generator Repair - No Significant Hazards Determination (16 pages) 4.

1/1984 Memo from Steve Sohinki to Commissioner Bernthal, Analysis of Option with regard to steam generator and no significant hazards vote (5 pages) i 1

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