ML20125B465

Partial Response to FOIA Request for Documents.No Agency Records Subj to Request Located.Documents Listed in App F Partially Withheld (Ref FOIA Exemption 4)

ML20125B465
Person / Time
Site:	Fermi
Issue date:	06/22/1992
From:	Harris C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Gunter P NUCLEAR INFORMATION & RESOURCE SERVICE
Shared Package
ML20125B467	List: ML20125B465 ML20125B503
References
FOIA-91-579 NUDOCS 9212100015
Download: ML20125B465 (7)

Text

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.g-li U.S. NUCLE AR REGULATORY COMMIS$10N NHc Foia atOUL $i NW8E RIS) qI1,e FOlA -

91-579

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RESPONSE TO FREEDOM OF I FiNat lx I PAanAt N. e','. /

JUN 2 2199f INFORMATION ACT (FOIA) REQUEST o^tt s

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DOCKLt NUVBE R151 fr/apatutve/

RLOUESTLR Mr. Paul Gunter PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checAedboxes)

No egency records subject to the request have been located.

No additional agency records subject to the request have been located.

Requested records are avaitable through anothe' public distribution progrom. See Comment: section.

Agency records subject to the request that are identified in Append,xtes) are already available for public inspection and copyirig at the l

NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix (es) are being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N W., Washington, DC,in a folder under this FOIA number.

The nonproprietary version of the proposat(s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available f or pubiic inspection and copying at the NRC Public Document Room 2120 L Street, N W., Washington, DC, in a folder under this FOI A number.

Agency records subject to the request that are identified in Appendix (es) may be inspectLi and copied at the NRC Local Pubisc Document Room identified in the Com*nents section.

Enclosed is mformation on how you may obtam access to and the Charys for Copying records located at the NRC Public Document Room,2t20 L Street, O

N.W., Washington. DC.

{

y Agency records subject to the request are enclosed.

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Records subject to the request have been referred to another Federal agencyl.est for review and direct response to you.

Fees You will be billed by the N RC for fees totahng $

4 You wHI receive a refund from the NRC m the amount of $

4 in view of N RC's response to this request. no further action is being taken on appeal letter dated

, No PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE 4

Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part il, B, C, and D Any released portions of the documents for which only part of the record is being withheld are being made available for public y

inspection and copying in the NRC Pubhc Document Room,2t20 L Street, N.W., Washington, DC in a folder under this FOIA number.

COMMENTS

• A copy of the releasable portions of the report identified on enclosed Appendix F is enclosed, Several additional records responsive to your request are continuing to be reviewed, i

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9212100015 920622 PDR -FOIA CUNTER91-579 PDR A

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l Fot A Iwhogs ettst 041g RESPONSE TO FREEDOM OF JUN 2 2190 INFORMATION ACT (FOIA) REQUEST FOIA 9l~b79 4

(CONTINUATION)

PART 16.8-APPt AABLE EXEMPTIONS Hscords subject to the request that are described in the enclosed Appendix (es)

I are being withheld in their entirety or in part under the Eustnption No.(s) and for the reason (s) given below pursuant to 5 t.t.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.

1. The withheld mformaten is property classified pursuant to ERecutive Order. (Exemption U

2. The withheld mformation relates solely to the internal personnel rules and procedures of NRC: (E mempt606 2)

- 3. The wethheid mformaten is specifically esempted from public disclosuso by statute traficated. (Emereption 3)

Sections 141145 of the Atomic Energy Act, which prohibits the daciosure of Restricted Date or Formerly Restricted Data H2 U.S C. 2161-2165).

W Section 147 of the Atomic Energy Act,wh.ch prohibits the disclosure of Unciass>fied Sa'eguards informaten H2 U.S C. 7167).

X 4. The witnheid informaten is a trade secret or commercial or feancial mformation ^ hat is being withheid f or the ressantal indicated. (Enemption 4) e, The mformaten is considered to be confident +al busmess lproprietaryl enformaten e, -

The eformat.on is cons +dered to be proprietary mformat,on pursuant to 10 CFR 2 790idati qD's; The informaten was submitted and received m conhdence pursuant 1010 CFR 2 790idH2n 3%

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5. The withheid mtormation consists of mteragency or et<aagency records that a<e not a.alatae Woogh discover, dunng M.gation itaempten 5). ApphC " sege'

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Deliberatrve Process Disclosure of predecisional mformaten would tend to enNtest the open and Ivank enchange of edeas essentia* to the rtehberative process W[

Where tecords are withhsid art their entirety. the f acts are sneett.cably entertwmed with the predecisionalinformaten These aiso are no reasonably seyegatae lectua4 portions because the reiease of the f acts wou.d peemit an moirect mouse, mio the predecisional renc ess of the agency Attorney wws product pfmlege ! Documents prepared N an attunney en t omomp4hrm of ht.gmon 5 Attorney-etient privilege. ICorif*dential communicadons between an attorney and his/her thent,)

6. The withheid informaten.s e=empted from putmc $sclosu'e because os d sclosure would resst on a r.nerin u *areanted evasion of personai onvecy (Enempt.on 61 n

7 The withheld information consists c8 records cornpiled for law enforcement purposes and is be.ng withheld for the reasonist ed.cated (E xemption 7)

Disclosure could reasonaoly be espected to mterfere with an enforcement proceeding because it could reveal the scope. direct.on, and focus of enforcement e forts, and thus could possibly allow recipients to talte acten to shield potent'ai wrongtome or a violation of NP7 requiremec's r

from mwestigators. (Enemotion 7 i AH D*sclosure woued consbtute an unwarranted mvation of personal prmacy JEnemption 7(CH The mtormafron cons >Sts of names of mdvduaa amt ume r mNematen the dw more ret wher* todel reasoNNy be espectert to revevi toent tres of conhoenbai sources. (Enemption 7 (DH Q1HLH PART If. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25M and or 9 754c) of the U.S Nucivat Regulatory Comm is on regulationt q has been tieteemmed that the mtormation wthheid is enempt from peo duction or d.sclosure aN that its producbon or discrosure is contra'y to the pubbe interest. The persons respons ble for toe denial are those o'fic4a:s identAed below as deny,ng off.cials and the Director,0 vss on of Freedom of into rnat on and Pubbcat ons Services. Of t:ce of Admmistiation, for any dentais that may be appeared to the Execut+ve D rector for Operatens (EDOL DENYING OF81CIAL title >or FICE RECORDS DENIED

' APPELLATE OFFICIAL 7657sECRUAM in Thomas E. Murley Director. NRR Apo. F

-X PART 11. D-AP8'EAL MGHTS The denial by each denying officia! identified in Part ll.C may be appealed to the Appellate Officialidentif4ed there. Any such appeal muet be made in writing within 30 days of receipt of this response. Appeats must be addressed, as appropriate, to the Executive Director for Operations, to the Secretary of the Commissit n, or to the inspector General U.S. Nuclear Replatory Commission, Washington, DC 20555, and shouid clearly state on the enWope and in the letter that 4 is an ** Appeal from an initial FOI A Decision."

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Re FOIA-91-579 APPENDIX F DOCUMENTS BEING RELEASED IN PART NUMBER DATE DESCRIPTION 1.

9/11/91 General Electric Company Affidavit, (4 pgs.) transmitting report entitled,

" Power Uprate Safety Analysin, FERMI 2-91-150,' dated 9/91, (126 pgs.)

EXEMPTION 4.

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Nuclear Information and Resource Service 142416th 5treet, N.W., Suite 601, Washington D.C. 200361202) 328 0002

((;' 07 IMF0%%110N December 17, 1991 acA BlY Mr. Donnie H. Grimsley

' fg g_,j g 4 j Division of Rules and Records office of Administration and Resources Management U.S. Nuclear Regulatory Commission Washington, D.C.

20555 FREEDOM OF INFORMATION ACT REOUEST

Dear Mr. Grimsley:

Pursuant to the Freedom of Information Act, 5 U.S.C.

522, as amended and 10 C.F.R. 9.8 of the commission's regulations, the Nuclear Information and Resource Service requests the following documents regarding Fermi 2, NRC Docket No.50-341 NRC License No. NPF-43;

.) General Electric Topical Report, NED C-31897P-1

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" Generic Guidelines for General Electric Boiling Water Reactor Power Uprate," June 1991 (LTR1) l

) General Electric Topical Report. NED C-31984P l

" Generic Evaluations of General Electric Boiling i

Water Reactor Power Uprate," July 1991 (LTR2)

Fermi 2 Licensing Report,91-150 " Power Uprate Safety Analyses for Fermi 2," September 1991 4.) General Electric Report, NED C-31982P " Fermi 2

/ SAFER /GESTR-LOCA Loss of Coolant Accident,"

July 1991 Please consider " documents" to include reports,

studies, test

results, correspondence, memoranda, meeting

notes, meeting

minutes, working

papers, graphs,

charts, diagrams, notes and summaries of l

conversations and interviews, computer records and any other form of written communications including internal NRC memoranda.

Pursuant to this request, please provide all documents prepared or utilized by, in the possession of, or routed through the NRC related to items 1-4.

g -Q0&)}l0.lQ f edicated to a sound non nuclear energy pohcy.

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Pursuant to and in compliance with 10 C.F.R. 9.41 of the Commission's regulations governing _ requests: for waiver of - fees, the Nuclear-Information and Resource

Service, herein after referred to as NIRS, puts forth the following information.

HIRS seeks the requested information solely to contribute to and help shape the public debate on nuclear issues.

NIRS intends to use the information in order to advance the concerns for public understanding and safety.

NIRS is qualified to make use of the requested information.

The staff has demonstrated the ability to interpret information and communicate that information. in a form comprehensible to the general public.

Members of the NIRS staff have published articles in such national journals as The Proaressive, Nuclear Times, Newsday and The Bullelin of _ Atomic Scientists.

NIRS has a working relationship with physicists, engineers, medical doctors and other respected professionals who contrihate to the full understanding of technical records.

The information sought by NIRS, is not, to the best of our knowledge, in the public domain.

The general public has displayed great interest in nuclear issues and the requested information will certainly increase the public's understanding of this matter.

NIRS has demonstrated its ability and_ commitment to inform the public on all important nuclear issues.

NIRS regularly publishes a trade journal for which this information will be of

use, the ILtmlear MonLtgr.

Since 1978, NIRS has been providing information on nuclear issues to the public, the press, members of Congress, state and local government officials as well as hundreds of citizens groups across the country.

NIRS provides this information free of charge and has neither a commercial nor a private interest in the agency records sought.

Under the amended fee waiver standard, NIRS is clearly entitled to a full waiver of all search, review and duplication fees.

This standard calls for such a waiver, "if disclosure of the information is in the-public interest because it is likely to contribute. significantly to the public understanding of-the operation or activities of the government and is not primarily in the commercial -interest of the requester. ".5 U.S.C.

552 (a) (4)

(A) (iii).

In light of the foregoing, NIRS' request meets this standard on its face.

NIRS has no commercial interest in this matter, but rather seeks this information to help the general public _ better understand the role of governrent in regulating the nuclear industry.

For all the reasons cited

above, NIRS' request falls squarely within the Congressional intent in enacting the Freedom i

of Information -Act and the fee waiver provision.- We,-therefore, ask that the Commission grant a full waiver for this' FOIA re qu est.--

Thank you for your anticipated cooperation.

If you have any questions in regards to this' request, please feel free to contact me.

-Sincerely,

,