ML20128G817

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Further Response to FOIA Request for Five Categories of Documents Pertaining to Proposed Hydrogen Control Rule.App a Documents Encl.App B Document Completely Withheld (Ref FOIA Exemption 5)
ML20128G817
Person / Time
Issue date: 11/02/1984
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Hiatt S
OHIO CITIZENS FOR RESPONSIBLE ENERGY
Shared Package
ML20127B435 List:
References
FOIA-84-577 SECY-83-357, NUDOCS 8505300321
Download: ML20128G817 (5)


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UNITED STATES 90lt O I 8( .c o NUCLEAR REGULATORY COMMISSION l

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Ms. Susan Hiatt OCRE 8275 Munson Road IN RESPONSE REFER Mentor, OH 44060 TO F01A-84-577

Dear Ms. Hiatt:

This is in further response to your letter dated July ll,1984, in which you requested, pursuant to the Freedom of Information Act (FOIA), five separate categories of documents pertaining to the proposed hydrogen control rule.

Appendix A is a list of documents subject to your request which are enclosed. You will be billed separately by our Division of Accounting and Finance in the amount of $14.70, which includes $8.82 for documents provided with our two previous letters plus $5.88 for the enclosed documents.

Appendix B is a list of documents responsive to your request which are being withheld in their entirety as explained herein. These documents do not contain any reasonably segregable factual portions. Documents 1 through 5 are various memoranda and handwritten notes maintained by the Comissioners and their staff. These memoranda and notes contain predecisional advice, opinions, and recommendations, of three technical assistants to the comissioner they advise regarding the Final Hydrogen Control Rule.

Document 6 is a September 1,1983, two-page memorandum for the files from D. Berkowitz, Office of the General Counsel, regarding " Comments on Final Rule Amendments to 10 CFR Part 50 Related to Hydrogen Control."

This memorandum ccntains the predecisional legal analyses, opinions, and recomendations of the Office of the General Counsel. The document reflects the delibarative process within the Office of the General Counsel in its effort to advise the Comission on a proposed rule. All of these documents are exempt from mandatory 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. Release of these documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process.

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Ms. Susan Hiatt Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been detennined that the infonnation withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the denial of documents 1 through 5 is Mr. John C. Hoyle, Assistant Secretary of the Commission.

Mr. James A. Fitzgerald, Assistant General Counsel, is the person responsible for the denial of document 6.

This denial may be appealed to the Cocinission 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 NRC's action on your request.

Sinc ely.

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

Enclosures:

As stated i

N .o t c Appendix A F0!A-84-577

1. 1/12/84 Affirmation Response Sheet, to S. Chilk from Chairman Palladinn, re: SECY-83-357 - Amendments to 10 CFR Part 50 Related to Hydrogen Control (1 page).
2. 3/13/84 Affirmation Response Sheet, to S. Chilk from Comissioner Gilinsky, re: SECY-83-357 - Amendments to 10 CFR Part 50 Related to Hydrogen Control (1 page) w/ enclosure, Comissioner Gilinsky's Vote Sheet for SECY-83-357 ( 1 page).
3. 3/8/84 Affirmation Response Sheet, to S. Chilk from Comissioner Roberts, re: SECY-83-357 - Amendments to 10 CFR Part 50 Related to Hydrogen Control (1 page) w/ enclosures (2 pages).
4. 3/2/84 Affirmation Response Sheet, to S.Chilk from Comissioner Asselstine, re: SECY-83-357 - Amendments to 10 CFR Part 50 Related to Hydr 0 gen Control (1 page).
5. 3/12/84 Affirmation Response Sheet, to S. Chilk from Comissioner Bernthal, re: SECY-83-357 - Amendments to 10 CFR Part 50 Related to Hydrogen Control (1 page).
6. 6/26/84 Memorandum for William Dircks from Samuel Chilk, re: SECY-83-357 Amendments to 10 CFR part 50 Related to Hydrogen Control (1 page).
7. 4/24/84 Memorandum for Comissioner Gilinsky from Samuel Chilk, re:

Hydrogen Control Rule (1 page).

8. 4/12/84 Memorandum for Samuel Chilk from Victor Gilinsky, re: Hydrogen Control (1 page).
9. 3/15/84 Memorandum for Chairman Palladino, Comissioner Gilinsky, Comissioner Roberts, Comissioner Asselstine Comissioner Bernthal from William Dircks, re: Recommendation to Defer Decision on Final Hydrogen Control Rule (SECY-83-357)(1 page) w/ enclosures, Memo dtd 12/19/83 G. Sliter to Distribution w/2 enclosures, Memo dtd 2/17/83, G. Sliter to Distribution w/4 enclosures, Memo dtd 2/16/84, R. Curtis to V. Benaroya, W. Butler, K. Kniel & V. Noonan w/ enclosure (34 pages).
10. 3/12/84 LettertoChairmanPalladinofromNicholasS.Reynolds(3pages).
11. 12/28/83 Memorandum for Chairman Palladino, Comissioner Gilinsky, Commissioner Roberts Comissioner Asselstine, Comissioner Bernthal from William J. Dircks, re: Final Hydrogen Control Rule (SECY-83-357)(8 pages)w/ enclosures, 11/17/83 Memorandum for William J. Dircks from Samuel J. Chilk, re: Staff Requirements -

Discussion of Hydrogen Ignition System and Final Rule (1 page),

11/17/83 Memorandum for William J. Dircks from Thomas M. Roberts, re: Final Hydrogen Rule (1 page), 11/17/84 Comissioner Roberts' Questions on Hydrogen Control (1 page).

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Appendix A FOIA-84-577

': 12. 12/2/83 Letter to Chairman Palladino from Nicholas S. Reynolds (3 pages).

l 13. 11/17/83 Menorandum for William J. Dircks from Thomas M. Roberts, re:

Final Hydrogen Rule (1 page) w/ enclosure, 11/17/83 Comissioner j Roberts' Questions on Hydrogen Control (1 page).

, 'l 14. 11/7/83 Letter to Chairman Palladino from S. H. Hobbs (2 pages).

15. 11/17/83 Memorandum for William J. Dircks from Samuel J. Chilk, re:

, Staff Requirements - Discussion of Hydrogen Ignition System and 1 Final Rule (1 page).

16. 1/22/81 Memorandum for Chaiman Ahearne, Comissioner Gilinsky, Comissioner Hendrie, Commissioner Bradford from Edward J.

Hanrahan, re: OPE Review of Hydrogen Control Measures for l Sequoyah (2 pages) w/ enclosure, Evaluation of the Glow Plug

( Igniter Concept for use in the Sequoyah Nuclear Plant (9 pages),

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17. 8/26/83 Comission Paper (Rulemaking Issue) SECY-83-357 w/ enclosures j (105pages).

l 18. 11/9/83 Commission Meeting Transcript of Discussion of Hydrogen Ignition

SystemandFinalRule(98pages) 1 336 pgs. 9 $0.07 per page = $5.88 - 75% fees waived 1

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,. FOIA 84-577 APPENDIX B

1. 3/6/84 Memorendum from J. Meyer, Technical Assistant, to Commissioner Bernthal regarding amendnents to 10 CFR Fart 50 relating to the Hydrogen Control Rule.
2. 3/13/84 Memorandum from J. Meyer, Technical Assistant, to Comissioner Bernthal regarding SECY 83-357.
3. 11/8/83 Memorandum from J. Meyer, Technical Assistant, to Commissioner Bernthal regarding amendments to 10 CFR Part 50 related to Hydrogen Control.
4. 11/8/83 Note from Den Garner. Technical Assistant, to Chainnan Palladino regarding Commission Briefing on the Final Hydrogen Control Rule.
5. 1/11/84 Note from Ed Podolak, Technical Assistant, to Chainnan Palladino, regarding the Final Hydrogen Control Rule.
6. 9/1/83 Memorandum for the files from D. Berkovitz, Attorney, Office of the General Counsel, regarding Coments on Final Rule on Amendments to 10 CFR Part 50 Related to Hydrogen Control, (2 pages).

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