ML20128H724

Third Partial Response to FOIA Request for Documents.App D Document Responsive to Request Withheld (Ref FOIA Exemption 5)

ML20128H724
Person / Time
Issue date:	10/02/1996
From:	NRC OFFICE OF ADMINISTRATION (ADM)
To:	Dums D CITIZENS' UTILITY BOARD
References
FOIA-96-322 NUDOCS 9610100044
Download: ML20128H724 (3)

Text

US CUCLEAR REOULATORY COMMISSION NRC & Oi A HEQUEST NUMBEHtS) t-

• FOIA - 96-322 l > < jgi RESPONSE TYPE

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'b RESPONSE TO FREEDOM OF l TINAL l )(l PARTIAL ( 3 rd )

j INFORMATION ACT (FOIA) REQUEST oa'E gg g DOCK E I NUMBE R(S) /// applicable 1

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RE OUEST E R Dennis Dums PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED /See checkedbomes/

No agency records subject to the request have been located.

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

2 Remested records are available through another pubhc distribution program. See Comments sect %n.

Agency records subject to the request that are identified in Append.x(es) are already avr.ilable for public inspection and copying at the NRC Public Document Room 2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendin tes) are being made available for pubhc inspection and copying it the NRC Public Document Room. 2120 L Street, N.W., Washington, DC,in a folder under this FOI A number, The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for pubhc inspection and copying at the NRC Pubhc 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 inspected and copied at the NRC Local Public Document Room identified in the Comments section.

Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Lkcument Room,2120 L Street, N.W., Washington. DC.

Agency records subject to the request are enclosed.

Records subject to the request have beer ~ferred to another Federal agencybes) for review and direct response to you.

I' fees You will be billed by the NRC for fees totahng S You will receive a refund from the NRC in the amount of $

in view of NRC's response to this request, no further action is being taken on appeal letter dated , No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Csrttin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part 11, B, C, and D. Acy celnamed patjens*R ttmoombwKs#0t m histwalg maxtzktheterard k hone WIMM$mMagmedentlaktK toomtidix

)( iMspection ark! XopyingMthekNHCfMo(doe @ term 10saxnp120(LxF ratK,AIA%,1WeMototy(DC4tx8(f slotex wudet thh f SIAhXnsburX COMME NTS

.The record identified on enclosed Appendix D is responsive to your request. However, this record is being withheld in its entirety pursuant to Exemption 5.

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[ siott TURE. DIRECTOH. Div c DOM Of INFORMp ON AND PUBLICATIONS SE HVICE S s b /_ [ _ _' .

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9610100044 961002 PDR FOIA l DUMS96-322 PDR  ;

NRC FORM 464 (Part ll H 91) j

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FOLA luuMBERi$) DATE RESPONSE TO FREEDOM OF FOIA 322 INFORMATION ACT (FOlA) REOUEST b (CONTINUATION) 0CT02 m l PART 11 B- APPUCABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) D are bein9 withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations. l I

1. The wrthheld mformation is properly classified pursuant to Executive Order. (Ememption 1)

2. The withheld mformation relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2) l l 3. The withheld mformation es specifically enempted from public disclosure by statute indicated. (Exemption 3) i Sections 141 145 of the Atomic Energy ht, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 2161-2165).

Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).

'4. The withheld mformation as a trade secret or commercial or fmancial mformation that is bemg withheld for the reason (s) indicated. (Exemptien 4)

The mformation is considered to be confidenteal business (proprietary) mformation l

l The mformation is considered to be proprietary mformat.on pursuant to 10 CFR 2.790 ldh 11.

The enformation was submitted and received en confidence pursuant to 10 CFR 2.7904dH21

)( 5. The wit *thold mformation consists of mteragency or miraegency records that are not ava*lable through descovery dunng Istigation (Exemption 5). Applicable Privilege: l Dehbe'ative Process. Disclosure of predecisional mformation would tend to inhibit :he open and frank enchange of ideas essential to the deleb'rative e process Where records are withheld m their entirety, the f acts are mestncably mtertwined with the predeciseonalinformation. There also are no reasonably segregable f actual X portions because the release of the f acts would permrt an indirect mquiry mio the predecisional process of the agency Attorney work product privilege (Documents prepared by an attorney in contemplation of litigation i Attorney client pnvilege, (Confidential commuriscations between an attorney and his/her client.)

l 6. The withhe6d mformation is enempted from pubhc disclosure because its disclosure would result in a clearly unwarranted mvasion of personal pnvecy (Exemption 6) l

7. The withheld mformation consists of records compiled for law enforcement purposes and as being withheld for the reason (s) indicated (Exemption 7)

Disclosure could reasonably be enpacted to mterfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investicators (Ememption ? (A))

Disclosure would constitute an unwarranted envasion of personal privacy. (Exemption 7(C))

" . The mformation consists of names of indeviduais and other information the disciosure of which could reasonably be eNoected to reveal identitees of confidential sources (Enemption 7 (D1)

OTHER l

l PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b) and or 9 251cl of the U S. Nuclear Reguistory Commission regulations. it has been determined that the mformation withheld is exempt from pro-duction or d+sclosuee, and that its production or d'sclosure is contrary to the public mierest. The persons responsible for the denial are those offecials identified below as denymg officials and the Director, Division of Freedom of Information and Publ. cat.ons Services. Office of Administration, for any den.als that may be appesied to the E mecutive Director for Operations (EDOL l DENYING OFFICIAL TI TLE < OFFICE RECORDS DENIED APPELLATE OFFICIAL EDO SECRETARY #G l

l A. Bill Beach Regional Administrator, App. D X Rlll l

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i l PART 11. D- APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made m writmg withm 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the E uscutive Director for Operations. to the Secretary of the Comm:ssion, or to the inspector General, U S. Nuclear Rsgulatory Commission, Washmgton, DC 20555, and should clearly state on the envelope and m the letter that it is an " Appeal from an Imtial FOI A Decision."

fGC FORM 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION l - .

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Re FOIA-96-322 4 l APPENDIX D j i DOCUMENTS BEING WITHHELD IN THEI'd ENTIRETY I

NUMBER DATE DESCRIPTION / EXEMPTION /PAGES

1. Undtd Dry Cask Loading Activities - Draft l Enforcement Action for the Point Beach Plant, (pgs. 24-32; 10 pga.)

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l ""' CITIZENS' UTILITY BOARD FAX (608) 251-761 N -

i Madison, WI 53703 - (608) 251-3322

. 16 N. Camill St., Suite 300 FREEDOM 0F INFORMAT!0N ACT REQljEST August 5, 1996 f 0 5 /} - 1 b ^ } N Mr. Russell Powell /fccl d 9'/4~ 7M Branch Chief FOIA/LPDR Nuclear Regulatory Commission Washington, D.C.

20555 Re:

Freedom of Information Act Request

Dear Mr. Powell:

5 U.S.C. 522, as Pursuant to the Freedom of Information Act,the Wisconsin Citizens' Utility Part 9.41, amended and 10 C.F.R. requests the following documents:

Board (CUB) 1.

Please provide any and all documents that make a specif r plant, ignition reference to the event at theinvolving Point Beach nuclear a gaseous Thispoweevent Dockets 50-266 and 50-301, k.

incident during the welding of a spent fuel casification 1996; of Event was identified by the NRC in Preliminary Not of Unusual Occurrence PNO-III-96-033 on May 28, the documents that faddress operation of

2. Please provide any and all generation of explosive gases during any phase o the VSC-24 system; h ignition Please provide any and all documents that f the VSC-24 address te

3. of explosive gases during any phase of operation o system.

_1-request to the NRC

• 4, 1996 CUB submitted a FOIA 1-3. The NRC completed On June requesting documents responsive 1996toFOIA, items identified CUB byre-submitting is the NRC as its response to CUB's 1996, June 4, on July 25, 1996.

I FOIA-96-244/ June 10, for items 1-3 to obtain documents in the agencies its FOIA request period of time following the date the NRC possession for the 1996 FOIA to the date the NRC receives received CUB's June 4, FOIA request.

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4. Please provide any and all documents that address increased neutron multiplication in the fuel in a cask becauJe of boron precipitation from a chemical reaction among the borated water and cask materials.

5. Please provide any and all documents that address the effect of a precipitate formed by a chemical reaction of zinc with acidic borated water from a spent fuel pool on fuel cladding integrity.

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6. Please provide any and all documents that address the effect l of a precipitate formed by a chemical reaction of zinc with acidic borated water from a spent fuel pool on the heat transfer characteristics of a VSC dry storage cask.

7. Please provide any and all documents that address the behavior of a precipitate formed by a chemical reaction of zinc with acidic borated water from a spent fuel pool under long-term l exposure to neutron and gamma radiation.

8. Please provide any and all documents that address t.he behavior l of a precipitate formed by a chemical reaction of zinc with acidic borated water from a spent fuel pool under high temperatures.

9. Please provide any and all documents that address the effect of a zinc reaction with the acidic borated water from a spent fuel pool on the characteristics of MSB anti-corrosion coatings.

10. Please provide any and all documents that address the effect of a zine reaction with the acidic borated water from a spent fuel pool on the retrievability of spent fuel.

11. Please provide any and all documents that address the effect of a zinc reaction with the acidic borated water from a spent fuel pool on the reactor coolant system.

For purposes of this request, please consider " documents" to include reports, studies, test results, correspondence, memoranda, meeting notes, meeting minutes , working papers, graphs, charts, diagrams, notes and summaries of conversations and interviews, computer records, and any other form of written communications including internal NRC memoranda.

Pursuant to and in compliance with 10 C.F.R. 9.41 of the agency's regulations and 5 U.S.C. 552 governing requests for waiver of fees, CUB puts forth the following information.

CUB was incorporated pursuant to Chapter 181, 1979, of the Wisconsin Statutes. CUB is exempt from Federal income tax under Section 501(c)(4) of the Internal Revenue Code. CUB is also exempt from Wisconsin franchise tax.

The restricted fund (public interest fund) is exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code. The fund is also exempt from Wisconsin income taxes. The restricted fund (public interest fund) was established on February 1, 1981, and reorganized on April 28, 1986 to correspond to the new structure of the CUB. The fund engages la charitable, scientific, literary and educational activities on behalf of CUB.

CUB has 20,000 members who are residential ratepayers in Wisconsin. CUB represents the .More than two million residential ratepayers in the state. CUB's purpose continues to be the statutory purpose set forth under sec. 199.02, Wis. Stats.:

...to promote the health, welfare and prosperity of all the citizens of this state by ensuring effective and democratic representation of individual farmers and other individual residential utility consumers before regulatory agencies, the legislature and other public bodies and by providing for consumer education on utility service costs and on benefits and methods of energy conservation.

CUB seeks the requested information to become informed of the causes, consequences, and remedies of and for an incident which took place on May 28, 1996 involving the use of the VSC-24 storage system for spent nuclear fuel.

CUB intends to use the information to assist in its participation in any proceedings before the NRC, before state regulatory agencies, and as part of CUB's ongoing ef fort to educate the public on nuclear waste storage issues in Wisconsin.

The information sought, is not, to the best of our knowledge, in the public domain. The general public in Wisconsin has displayed great interest in nuclear waste issues and have a direct interest in NRC actions regarding the VSC-24 dry cask storage system.

CUB has demonstrated its ability and c%nitment to inform the public on all important nuclear waste storage issues in Wisconsin.

CUB provides this information free of charge through newsletters, educational pamphlets, and correspondence to its members, other residential ratepayers, legislators, and policy makers, and has neither a commercial nor a private interest in the agency records sought.

Under the amended fee waiver standard, CUB 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

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e activities of the government and is not primarily in the commercial li.terest of the requester." 5 U.S.C. 552 (1)(4)(A)(111).

In light of the foregoing, CUB meets this standard on its

, face. CUB has no commercial interest in this matter, but rather i

seeks this information to help the general public better understand the role of government in regulating the nuclear industry's radioactive waste storage activities.

I For the reasons cited above, CUB's request falls squarely within the Congressional intent in enacting the Freedom of Information Act and the fee waiver provision. CUB, therefore, asks that the NRC grant a full fee waiver for this FOIA request.

Thank you for your anticipated cooperation. If you have any questions in regards to this request, please feel free to contact me at your earliest convenience. Please contact me before acquiring and sending the requerted information if the fee waiver is not applied. l Sincerely, D

w, -

Dennis Dums Research Director

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