ML20125D052
| ML20125D052 | |
| Person / Time | |
|---|---|
| Site: | Harris, Brunswick, Robinson, 05000000 |
| Issue date: | 02/06/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Runkle J RUNKLE, J.D. |
| Shared Package | |
| ML20125D054 | List: |
| References | |
| FOIA-84-652, FOIA-84-A-79 NUDOCS 8506120234 | |
| Download: ML20125D052 (13) | |
Text
E 93%
/
o g
UNITED STATES NUCLEAR REGULATORY COMMISSION o
WASHINGTON, D. C. 20555
\\...../
FEB 6 1985 John Runkle, Esquire P.O. Cox 4135 IN RESPONSE REFER Chapel Hill, NC 27515-4135 TO 84-A-79 (84-652)
Dear Mr. Runkle:
This is in response to your letter dated November 12, 1984, written on behalf of Mr. Eddleman, appealing Mr. Felton's denial-in-part of Mr. Eddleman's Freedom of Information Act (F0IA) request for all records related to the Systematic Assessment of Licensee Performance (SALP) reports prepared since 1979 for the following nuclear plants:
H. B. Robinson #2 Brunswick #1 and #2 Shearon Harris You specifically appealed the denial of all of the records listed in Appendix B of Mr. Felton's letter dated October 19, 1984. Acting on your appeal, I have carefully reviewed the records in this case and have determined for the reasons stated below that some of the documents still require withholding from public disclosure. Therefore, your appeal is partially granted and partially denied.
I i
The documents listed on the enclosed Appendix A, and portions of the l
documents listed on Appendix B, may be released and are enclosed. These documents are essentially compilations of data or procedural information on the SALP process whose release would not impair the agency's decisional processes.
The withheld portions of the documents listed on Appendix B, and the documents listed on Appendices C and D are still being withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.
In addition, the document listed on l
Appendix C is being withheld from public disclosure pursuant to Exemption 7(A) of the F0IA (5 U.S.C. 552(b)(7)(A)) and 10 CFR 9.5(a)(7)(1) because its disclosure would interfere with an on-going law enforcement investigation.
These documents are either drafts, comments on drafts, input to drafts, or other notes which reflect the decisional process. They consist of a
predecisional information compiled by the staff of the Nuclear Regulatory Commission (NRC) as part of the development of the SALP report for CaroH na i
Power and Light Company for the period February 1983 to April 1984. The
[
working papers and drafts represent preliminary and proposed selections of j
information to be evaluated in development of the SALP report, and the evaluations, opinions, and recommendations of the staff resulting from its assessment of the information.
Release of these documents would inhibit the open and frank exchange of ideas and other information essential to the deliberative process involved in developing the SALP report and would not be in the public interest. Release of the facts in the drafts and working papers would reveal the deliberative process with respect to which facts are important. Also, the documents contain no reasonably segregable factual information not already in the public domain.
8506120234 850206 PDR FOIA RUNKLEB4-A-79 PDR
In your letter you stated that the NRC is inconsistent in its denial in that certain background material to the report was previously disclosed.
I should point out that each F0IA request is handled on a case-by-case basis, and under 10 CFR 9.9(a) the head of each office has the authority to release records which could otherwise be legally withheld under the F01A.
In this case, Mr. O'Reilly, Regional Administrator, Region II, chose not to exercise that discretion with regard to the records for which he is responsible, believing that making available the documents containing the comments of various authors would have a chilling effect upon future staff communications, and would not be in the public interest. Mr. Felton agreed with that conclusion, and the documents were withheld at the initial request stage.
In my role as the appellate official, I have reviewed the record in this case and find that the release of the documents could very well have a chilling effect upon obtaining the candid advice and recommendations from the staff, and would not be in the public interest.
We regret the delay in responding to your appeal. However, in this case it was 2
necessary to go back to Region II and reconstruct the withheld documents file.
This is a final agency action with respect to Mr. Felton's October 19, 1984, letter. As set forth in the F0IA (5 U.S.C. 552(a)(4)(b)), judicial review of
'this decision is available in a district court of the United States in the district in which your client resides, has his principal place of business, or in the District of Columbia.
Sincerely, Willia
. Dircks Executive Director for Operations t
Enclosures:
As stated L
f
Re:
{
APPENDIX A Released Documents (The Number from the October 19 Appendix B is in [ ])
1.
Undated LER Worksheet - BSEP-1 (1983) 4 pages; 8/9/83 letter from Deitz to O'Reilly re: BSEP w/ enclosure (3 pages),
Robinson LER worksheet (4 pages) [B-9]
2.
Undated Carolina Power and Light Company (CPL) Systematic Assessment of Licensee Performance (SALP) Board Meeting Package July 24-25,1984(27 pages) [B-10]
3.
Undated Brunswick-2 LER worksheet and cover sheet 1984 (3 pages);
B SEP LER worksheet 1983 (5 pages) [B-12]
4.
Undated Notes (1page)[B-33]
5.
Undated Handwritten Notes for CPL Sites, Unsigned (5 pages) [B-47]
6.
5/8/84 HandwrittenNotes, Unsigned (4pages)[B-48]
7.
5/4/84 Memorandum from M. Sinkule to R. Lewis, J. Olshinski, and P. Stohr w/ handwritten Notations (2 pages); 5/4/84 Memo
(
from Sinkule (clean copy) (2 pages) w/ attached undated Note to Bruce from John,
SUBJECT:
Brunswick SALP Data (1page)[B-76]
8.
Undated Copies of Log Book for Inspection Report Numbers (20 pages) [This document was attached to another document in the original submittal but became separated during our reconstruction of the original package. We are separately identifying it now and it may be released.]
9.
Undated Handwritten Note, Re: SALP Input - Unsigned (1 page) [B-82]
- 10. Undated Handwritten Note and Typed Allegation Sheets (14 pages)
[B-8]
r Re:
APPENDIX A Released Documents THE FOLLOWING DOCUMENTS ARE ALSO BEING RELEASED. THEY ARE EXTRACTED FROM THE DOCUMENTS LISTED ON THE ENCLOSED APPENDIX D.
11.
7/20/84 Memo from M. V. Sinkule to Those on Distribution List re:
Attached is a copy of the CP&L SALP to be used for the Board Meeting on July 24-25, 1984 (2 pages) Extracted from Appendix D Document Number 1 12.
7/20/84 Memo for Distribution List from M. V. Sinkule re: A copy of the CP&L SALP to be used for the Board Meeting on July 24-25, 1984 (1 page) Extracted from Appendix 0 Document Number 2 13.
7/11/84 Routing and Transmittal Slip to Collins and Sinkule from G. Jenkins re: Comments w/ attached Routing and Transmittal Slip to Distribution (1 page) Extracted from Appendix D Document Number 3
- 14. 7/20/84 Memo for Distribution List from M. V. Sinkule re: CP&L SALP to be used for the Board Meeting on July 24-25, 1984 (1 page)
Extracted from Appendix D Document Number 4
- 15. 7/18 Handwritten Notes (1 page) Extracted from Appendix 0 Document Number 7
- 16. 8/1/84 Routing and Transmittal Slip to D. Jerretti from Price (1 page) Extracted from Appendix D Number 11
- 17. 8/1/84 Routing and Transmittal Slip to M. Sinkule from J. Olshinski w/ attached Routing and Transmittal Slip to R. Lewis, et. al.,
from M. Sinkule (2 pages) Extracted from Appendix D Number 12 Routing)and Transmittal Slip to R. Lewis from M. Sinkule
- 18. 7/27/84 (1 page Extracted from Appendix D Number 13
- 19. 8/1/84 Routing and Transmittal Slip to D. Price from Phil Stohr w/ attached Routing and Transmittal Slip to Stohr from Price (2 pages) Extracted from Appendix D Number 14
- 20. Undated Routing and Transmittal Slip to M. Sinkule from Stohr w/ attached Routing and Transmittal Slip to R. Lewis, et al., dated 7/30/84 from Sinkule (2 pages) Extracted from Appendix D Number 15
Re:
APPENDIX A Released Documents 21.
7/27/84 Routing and Transmittal Slip to R. Lewis, et al., from Sinkule (1 page) Extracted from Appendix D Number 16 22.
7/27/84 Routing and Transmittal Slip to M. Sinkule from J. A. Olshinski w/ attached Routing and Transmittal Slip to Lewis, et al., from Sinkule (2 pages) Extracted from Appendix D Number 17 23.
7/30/84 Fax to Paul Bemis from R. Prevatte (1 page) Extracted from Appendix D Number 20
- 24. 8/1/84 Routing)and Transmittal Slip to J. Olshinski from Price (1page Extracted from Appendix D Number 21
- 25. 7/20/84 Memo for Distribution List from M. V. Sinkule (1 page)
Extracted from Appendix D Number 23 26, 5/29/84 Fax to Bill Cline / Paul Bemis from S. P. Weise (1 page)
Extracted from Appendix D Number 25 27.
5/29/84 Fax to McGuire/Bemis from Weise (1 page) Extracted from Appendix D Number 26 28, 8/3 Routing and Transmittal Slip to McGuire/Hardin from Price (1 page) Extracted from Appendix D Number 27
- 29. 8/3 Routing and Transmittal Slip to Jape from Price (1 page)
Extracted from Appendix D Number 28 Routing)and Transmittal Slip to Verrelli and Austin from Price
- 30. 8/3 (1 page Extracted from Appendix D Number 29 Routing)and Transmittal Slip to Jenkins and Hardin from Price
- 31. 8/3 (1page Extracted from Appendix D Number 30 i
l l
l
Re:
APPENDIX A Released Documents
- 32. 8/3 Routing)and Transmittal Slip to 01shinski from Price (1page Extracted from Appendix D Number 33
- 33. 8/7/84 Routing and Transmittal Slip to Price from Stohr w/ attached
. Routing and Transmittal Slip to Stohr from Price (2 pages)
Extracted from Appendix D Number 34
- 34. 6/7/84 Memo for M. Sinkule from G. Requa w/ attached Handwritten Note to Paul from Dick (2 pages) Extracted from Appendix D Number 36
- 35. Undated Routing and Transmittal Slip to Distribution (1 page)
Extracted from Appendix D Number 42 36.
7/10/84 Routing and Transmittal Slip to Sinkuler from D. M. w/ attached Routing and Transmittal Slips (4 pages) Extracted from Appendix D Number 45 37, 6/27/84 Facsimile Transmittal Request to Sinkule from Grotenhuis (1 page) Extracted from Appendix D Number 46
- 38. 6/27/84 Memo for Lewis from Grotenhuis (1 page) Extracted from Appendix D Number 46
- 39. 6/4/84 Facsimile Transmittal Request to Sinkule from Grotenhuis (1 page) Extracted from Appendix D Number 65
k-Re: FOIA-84-A-79 (F01A-84-652 APPENDIX B Documents Released With Deletions - Exemption 5 (October 19AppendixBNumberIndicatedin[])
1.
Assorted Graphs and Listing Used as Background Data - (01shinski)
[3].
(31pages) 2.
06/25/84 Memorandum from Buckley to Eisenhut (4 pages) [43] - Release.
Enclosure:
UndatedDraftEvaluationMatrix-(2pages)
Withheld [43].
l l
L.
Re: F01A-84-A-79 (FOIA-84-652)
APPENDIX C Document Withheld in Entirety - Exemptions 5 and 7(A)
(October 19AppendixBNumberisin[])
1.
Undated Summary on Allegations for CPL SALP [8].
(1page)
r Re: F01A-84-A-79 (F01A-84-652)
APPENDIX D Documents Withheld - Exemption 5 (October 19 Appendix 8 Numbers are in [ ])
- 1. Undated DraftversionofCarolinaPowerandLightCompany,(CPL),
Systematic Assessment of Licensee Performance Board Assessment, (P. Stohr) (SALP), report for February 1983 through April 1984 - Inspection Report Nos. 50-324/84-16, 50-325/84-16,50-261/84-24,50-400/84-18[1].
(74 pages)
(99 pages)
(72pages)
- 4. Undated Draft version of CPL SALP report for February 1983 through April 1984 (not identified #1) [5].
(70pages)
- 5. Undated Draft handwritten comments on SALP report (Jenkins) [6].
(7pages)
- 6. Undated Draft handwritten comments on SALP report (Montgomery) i
[7].
(1page)
(85pages)
April 1984 (Price) [13].
(74pages)
- 9. Undated Draft version of CPL SALP report for February 1983 through April 1984(notidentified#2)[14].
(68pages)
- 10. Undated Draft version of CPL SALP report for Februar 1983 through April 1984 w/ attached 2 Drafts (2 pages each of letter to Utley from Lewis (not identified #3) [15].
80 pages)
- 11. 8/1/84 NotesonSALPreportfromJ.A.01shinskitoD. Price [16].
(7pages) l
- 12. 8/1/84 Comments on SALP report from J. A. 01shinski to M. Sinkule
[17].
(2pages)
- NOTE:
- denotes the 10 documents on this appendix of which the staff members who originated or commented on the documents are unknown t
y-__
Re:
F0!A-84-A-79 (F0!A-84-652)
APPENDIX D Documents Withheld - Exemption 5 (October 19AppendixBNumbersarein[])
4' (2 pages)
(6pages)
M.Sinkule[20]portionofSALPreportfromP.Stohrto
- 15. Undated Comens on EPS (2pages) 16,7/27 Coments on EPS portion of SALP report from P. Stohr to M.Sinkule[21].
(3 pages)
(2pages)
Note from M. Sinkule to SALP Routing and Transmittal Slip)re:
18,7/27/84 BoardMembers[23].
(1page
- 19. Undated ChartswithHandwrittenNotations[24].
(3pages) 20,7/30/84 Coments from R. Prevatte to P. Bemis [25].
(2pages)
Routing Slip w)ith Handwritten Coments from Olshinski to
- 21. 8/1/84 Price (1 page and attached 6 pages of Draft Report w/HandwrittenComments[26].
(7 pages total)
- 22. Undated Draft SALP Report w/ Comments unidentified #4 [27].
l (71pages)
- 23. Undated DraftSALPReportw/Commentsunidentified#5[28].
(70pages)
- 24. 5/29/84 Routing Slip re: Handwritten Comments on SALP Report from A. Herdt to D. Verrelli (1 page) and attached 1 page dated 5/25/84HandwrittenComments[29].
(2pagestotal)
- 25. Undated SALP Report Comments from S. P. Weise to B. Cline /P. Bemis
[30).
(1page)
- 26. Undated SALP Report Coments from S. P. Weise to D. McGuire/P. Bemis
[31].
(1page) i
- NOTE:
- denotes the 10 documents or, this appendix of which the staff members who originated or comented on the documents are unknown k
Re:
FOIA-84-A-79 (F0!A-84-652)
APPENDIX D Documents Withheld - Exemption 5 (October 19 Appendix B Numbers are in [ ])
- 27. Undated Draf t SALP Report w/Coments from D. McGuire to A. Hardin
[32].
(71pages)
- 28. Undated Draft SALP Report w/Coments from F. Jape to A. Hardin [34].
(71pages)
- 29. Undated Draft SALP Report w/ Comments from D. Verrelli to A. Hardin
[35].
(71pages)
- 30. Undated Draft SALP Report w/Coments from G. Jenkins to A. Hardin
[36].
(71pages)
- 31. 8/8/84 DraftSALPReportw/ Comments (Price)[37].
(71pages)
- 32. Undated Draft SALP Report w/Coments, not identified #6 (71 pages) and attached Draft Letter to Paris from Lewis with Handwritten Notations [38](2pages).
(73 pages total)
- 33. Undated Draft SALP Report w/Coments, Price to 01shirski [39].
(71pages)
- 34. Undated DraftSALPReportw/ Comments,StohrtoPrice[40].
(71pages)
I
- 35. Undated Draft SALP Report w/Coments, dated 7/30/84, Hardin [41].
(71pages)
- 36. Urdated NRRSALPEvaluation[42].
(6pages)
- 37. 6/26/84 DraftSALPReport,notidentified#7[44].
(135pages)
- 38. Undated Draft SALP Report w/ Handwritten Comments dated 7/27/84 and 8/3/84(Hardin)[45),
(82 pages)
- 39. 6/26/84 DraftSALPReport,notidentified#8[46].
(137pages)
- 40. Undated Draft pages from SALP Report [49].
(13pages) 41 Undated Draft Coments [50].
(2pages) l
- 42. Undated Draft SALP Report w/Coments (Price) [51].
(72pages)
- NOTE:
- denotes the 10 documents on this appendix of which the staff members who originated or comented on the documents are unknown a-
Re: F0!A-84-A-79 (F01A-84-652)
APPENDIX D Documents Withheld - Exemption 5 (October 19AppendixBNumbersarein[])
- 43. Undated DraftSALPReportw/ Comments (notidentified#9)[52].
(77pages) NOTE: The cover sheet indicating which copy of the report was received from Mr. Jape was lost during reconstruction of the original submittal.
- 44. Undated DraftSALPReportw/ Comments (notidentified#10); draft SALP report w/coments (McGuire) [53).
(153pages)
4/84 - Memorandum from M. Grotenhuis to R. Lewis [54].
(4pages)
- 46. Undated Thirty-three draft pages from SALP Report w/ Handwritten Coments [55].
- 47. Undated Twenty-seven draft pages from SALP Report w/ Handwritten Coments [56].
- 48. Undated Thirty-eight draft pages from SALP Report w/ Handwritten Coments [57].
- 49. 5/23/84 Memorandum from K. V. Seyfrit to R. C. Lewis. (1 page) w/ enclosed 2 page A/E00 Input to SALP
SUBJECT:
Evaluation of LERs from Brunswick Units 1 and 2 - A/EOD Input to SALP Review Covering the Period from 2/83 to 4/84 [58].
(3pagestotal)
- 50. 5/29/84 Memorandum from K. V. Seyfrit to R. C. Lewis, (1 page) w/ enclosed 2 page A/EOD Input to SALP w/ Handwritten marginal notation SU8 JECT:
SALP Input for Robinson Unit 2 for the Period 2/83-4/84[59].
(3 pages total)
- 51. 6/12/84 Memorandum from A. F. Gibson to M. V. Sinkule
SUBJECT:
SystematicAssessmentofLicenseePerformance(SALP)[60].
(1page)
- 52. Undated FifteenpagesHandwrittenUnsignedDraft[61].
- 53. Undated Fifty-twoTypedandHandwrittenUnsignedDraftPages[62).
- 54. Undated Forty-five Typed and Handwritten Unsigned Draft Pages [63].
- 55. Undated Forty-threeTypedandHandwrittenUnsignedDraftPages[64).
- 56. Undated DraftcopyofSALPReport[65].
(72pages)
- l.0TE :
- denotes the 10 documents on this appendix which the staff members who originated or comented on the documents are unknown
y o,.
Re: F01A-84-A-79 (F01A-84-652)
APPENDIX D Documents Withheld - Exemption 5 (October 19AppendixBNumbersarein[])
- 57. Undated HandwrittenUnsignedNote[66].
(1page)
- 58. Undated ExtractedpagesofNRR'sSALPEvaluation[67].
(5 pages)
- 59. Undated Extracted Typed pages w/ Handwritten Notations from SALP Report [68).
(3 pages)
- 60. 5/29/84 Memo from Karl V. Seyfrit to R. C. Lewis (1 page) (du)11cate:
see #51 above) w/ Enclosed 2 page A/E00 Input to SALP [69].
(3 pages total)
- 61. Undated Extracted Unsigned page from SALP Report [70].
(1page)
- 62. Undated HandwrittenNoteonRobinson[71].
(1page)
- 63. Undated Section5ofSALPReport[72].
(1page)
(1 page)
- 65. Undated Extracted Typed pages w/ Handwritten Notations from SALP Report [74).
(5pages)
- 66. Undated Handwritten Notes re: BrunswickCP&L[75).
(2pages)
- 67. Undated ExtractedpagesfromSALPReport[77].
(9pages) l
- 68. Undated ExtractedpagefromSALPReport,Section2[78].
(1page)
- 69. Undated HandwrittenUnsignedDraftforRobinson[79].
(2pages)
- 70. Undated Handwritten Notes for Operator Licensing-Harris (1 page) w/ attached handwritten note to Bruce from John dated 5/23,
SUBJECT:
Shearon-Harris SALP Data (1 page) and attached 1 page HandwrittenSALPInputforShearon-Harris [80).
(3pages)
- 71. Undated Extracted typed pages from SALP for Harris [81].
(10pages)
- 72. Undated Handwritten note re: Evaluation [83].
(2pages)
NOTE: Draft copy of portion of 1982/1983 SALP for Brunswick with comments (29 pages) identified as [84] on Appendix B, could not be relocated and has apparently been lost from the files.
i