ML20128Q297

Fifth Partial Response to FOIA Request for Documents.Info in App F Completely Withheld (Ref FOIA Exemption 5)

ML20128Q297
Person / Time
Issue date:	10/17/1996
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Dums D CITIZENS' UTILITY BOARD
References
FOIA-96-322 NUDOCS 9610210018
Download: ML20128Q297 (3)

Text

U.S. NUCLEAR REGULATOR Y COMMISSION NRC FOlA HEQUEST NUMBEH(S)

}j .c FOIA - 96-322 o

RESPONSE TYPE

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,k RESPONSE TO FREEDOM OF I NNAL (X l PARTIAL ( 5 th )

g V INFORMATION ACT (FOIA) REQUEST DATE se.ee DOCKE T NUMBE R(5) (t/ apphcable)

REQUESTER Dennis DumS PART I,-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)

No agency records subject to the request have been located.

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

Requested records are available through another public distribution program. See Com- ts section.

Agency records subject to the request that are ider tified in Append.x(es) are already available for public inspection ~1d copying at the NRC Public Document Room,2120 L Street, ':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 FOI A nurnber.

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a rnember of my staf f is now being made availabic for public inspection and copying at the N RC 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 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 th NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request are enclosed.

Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

Fees You will be billed by the NRC for fe. .ataling $

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 Cartain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part it, B, C, and D. AnyVrMsMJdbMi6r(s 4Mke4dMMa%Fs FoK Mo% brMWM #fM 4eMd4(tfei%d4%r%WelbM 6ek% FnJd3 #vMtM6r55tJJ

)( irM0ett WK atidi et.11hMrtg )h)t t2 XG E Rut 2c)O4cKM #nE rom)OL2006Frihi% N JVK WhEYgFoX)DC InXeXdkkKu%JeXthiX FO4 A MuVnM.

COMMENTS The record identified on enciosed Appendix F is responsive to your request. However, this record is being withheid in its entirety pursuant to Exemption 5 of the FOIA.

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4QN~A T UR E . DIR ECTOR, DIVINS NdP EEDOM OF NF - MATION AND PUBLICATIONS SE RVICES s.

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9610210018 961017 PDR FOIA DUMS96-322 PDR

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FOIA NUMeER(s) DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 322 g ; 7 3999 (CONTINUATION) l PART ILS- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) f are being withheld in their entirety or in part under the 4 Exemption No.(s) and for the reason (s) piven below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.

1. The withheid mformation is properly classified pursuant to Executive Order. (Exemption 1) i 2. The withheld mformation relates soiely to the internal personnel rules and procedures of NRC. (Exemption 2) l l3, The withheid mformation es specificalfy exempted from public disclosure by statute indicated. (Exemption 3)

S.1ons 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerfy Restricted Data (42 U.S.C. 21612165).

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

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4. The withheld mformatson as a trade secret or commercial or fmancial mformation that is bemg withheld for the reasonis) indicated. (Exemption 4) i

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J The mformation is considered to be confidential business (propnetary) mformation

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{ j The mformation is considered to be propnetary mformation pursuant to 10 CFR 2 790(d)(1)

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l The mformation was submitted and received m confidence pursuant to 10 CFR 2.790ld)t2l

5. The withheld mformation consists of interagency or mtrriagency records that are not available through discovery durmg htigation (Exemption 5). Applicable Privilege:

Dehberative Process. Disclosure of predecisional mformation would tend to mhibit the open and frank enchange of ideas essential to the deliberative process.

Where records are withheld in their entirety. the facts are mentncably intertwined with the predecisionalinformation. There also are no reasonably sepegable f actual I X portions because the ,siease of tne f acis wouid permit an mdirect mauiry mio tne predecisionai process of tne agency.

Attorney work product pnvilege IDocuments prepared by an attorney in contemplation of litigatmn i Attorney client privilege (Confidential communications between an attorney and his/her cl.ent.)

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6. The withheld information is exempted from pubhc desclosure because vis disclosure would result in a clearly unwarranted invasion of personal privacy. F wmption 6)

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7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated (Exemption 7) g Disclosure could reasonably be empacted to interfere 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 wrongdomg or a violation of NRC requirements from mvestigators. (Exemption 7 (A))

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

The information consists of names of individuais and other mformation the disclosure of which could reasonably be enoected to reveal identities of M OIHER confidential sources. (Exemption 7 (D))

l PART 18. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(b) and or 9 25tc) of the U.S. Nuclear Regulatory Comm>ssion regulations, it has been determined that the information withheld is exempt from pro.

duction or disclosure, and that its production or d sclosure is contrary to the pubhc mteiest. The persons responsible for the denial are those officials identified below as denymg officials and the Director, Dmision of Freedom of informat.on and Pubhcations Services. Office of Administration, for any denials that may be appealed to the Executive Director for Operations (EDOL DENYING OFFICIAL TI TLE 'OFFIC E RECORDS DENIED APPELLATE OFFICIAL l

EDO SECRETARY 10 l A. Bill Beach Regional Administrator,__ Apo. F X RIII I

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[ PART 11. D- APPEAL RIGHTS The danial 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 appropnate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General, U S. Nuclear Regulatory Commission, Washmgton DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOI A Decision."

NRC FORM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION

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s Ret FOIA-96-322 APPENDIX F DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY i NUMBER DATE DESCRIPTION / EXEMPTION /PAGES j 1. 8/1/96 Enforcement Board Briefing for Point Beach Nuclear Plant, Units 1 and 2, (29 pgs.) - EX. 5.

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CITIZENS' UTILITY BOARD .

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- 16 N. Carroll St., Suite 300 Madison, WI 53703 + (608) 251-3322 + FAX (608) 251-7609 -

EREEDOM 0F INFORMATION August 5, 1996 ACT REQUEST Mr. Russell Powell hM'7b NA Branch Chief FOIA/LPDR geg,Q 9-/p c/g Nuclear Regulatory Commission Washington, D.C.

20555 Re: Freedom of Information Act Request

Dear Mr. Powell:

Pursuant to the Freedom of Information Act, 5 U.S.C. 522, as am nded and 10 C.F.R. Part 9.41, the Wisconsin Citizens' Utility Boi d (CUB) requests the following documents:

1. Please provide any and all documents that make a specific reference to the event at the Pcint Beach nuclear power plant, Dockets 50-266 and 50-301, involving a gaseous ignition incident during the welding of a spent fuel cask. This event was identified by the NRC in Preliminary Notification of Event or Unusual Occurrence PNO-III-96-033 on May 28, 1996;

2. Please provide any and all documents that address the generation of explosive gases during any phase of operation of the VSC-24 system;  !

3. Please provide any and all documents that address the ignition of explosive gases during any phase of operation of the VSC-24 system. (

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• l On June 4, 1996 CUB submitted a FOIA request to the NRC requesting documents responsive to items 1-3. The NRC completed ,

its response to CUB's June 4, 1996 FOIA, identified by the NRC as l FOIA-96-244/ June 10, 1996, on July 25, 1996. CUB is re-submitting l its FOIA request for items 1-3 to obtain documents in the agencies l possession for the period of time following the date the NRC l received CUB's June 4, 1996 FOIA to the date the NRC receives this l

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

and cask-materials.

> 5. Please provide any and all documents that addrecs 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.

6. 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 the heat i 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'zine with acidic borated water from a spent fuel pool under long-term exposure to neutron and gamma radiation.

4 8. 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 high temperatures. ,

9. Please prov.de any and all documents that address the effect of a zine 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 j of a zinc 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 commtrnications 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 i

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, 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 res t.ric ted 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 l

structure of the CUB. The fund engages in 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 ef fective and democratic .

representation of individual farmers and other individual l residential utility consumers before regulatory agencies, the legislature and other public bodies and by providing for consumer eduwation 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 commitment to inform the public on all important nuclear waste storage ~ issues in Wi-sconsin.

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

activities of the government and is not primarily in the_xommercial

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

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.

1 Thank you for your anticipated cooperation. If you have any questions in regards to this request, please feel free,to contact i me at your earliest convenience. Please contact me before acquiring and sending the requested information if the fee waiver

is not applied.

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! Sincerelyh Dennis Dums e '

Research Director i

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