ML20137H405

Twelveth Partial Response to FOIA Request for Documents. App DD Records Being Withheld in Part (Ref Exemptions 5 & 6)

ML20137H405
Person / Time
Site:	Salem
Issue date:	03/24/1997
From:	NRC OFFICE OF ADMINISTRATION (ADM)
To:	Hollaway W, Oneill J SHAW, PITTMAN, POTTS & TROWBRIDGE
Shared Package
ML20137H409	List: ML20137H405 ML20137H528
References
FOIA-96-351 SECY-94-242, SECY-94-242-R, NUDOCS 9704020188
Download: ML20137H405 (3)

Text

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pgesk gp FOlA 96_351 RESPONSE TYPE g .

S RESPONSE TO FREEDOM OF l FINAL l Xl PARTIAL ] ppg INFORMATION ACT (FOIA) REQUEST D^rE e...e MAR 2 41997 DOCKET NUMBERIS) titapphcable)

T,E QUEST E R Mr. J. H. O'Neill, Jr. ATTN: W. R. Hollaway PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedbomes/

No agency records subject to the request have been located, ,

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No cdditional agency records subject to the request have been located. )

Requested records are available through another public distribution program. See Comments section, l l

Agency records subject to the request that are identified in Appendix (es) are already available for public inspection and copying at the l NRC Public Document Room,2120 L Street, N.W., Washington, DC. I 4 gency 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.

Th3 nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staf f is now being made available 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, j 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 Document Room,2t20 L Street, N.W., Washington, DC.

X Agency records subject to the request are enclosed.

Ricords subject to the request have been referred to another Federal agencylies) for review and direct response to you.

Fees You will be billed by the NRC for fees totaling $

l You will receive a refund from the NRC in the amount of $ )

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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 i i

X Certain information in the requested records is being withheld from public discP pursuant to the exemptions described in and for the reasons statad in P rt II, B, C, and D. Any released portions of the documents for which only of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N.vv., Washington, DC in a folder under this FOIA number, COMMENTS l

The review of 2 additional records subject to your request is Continuing, a

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NRC FORM 464 (Part 1) (1-91) (V) O L4 O 1 () Q 6

Pola NUMBEH(S) DATE

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RESPONSE TO FREEDOM OF  ;

INFORMATION ACT (FOIA) REQUEST FOIA 96-351 MAR 2 41997 (CONTINUATION) 1 PART 11.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) DD are being withheld in their entirety or in part under the  ;

Enernption 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 N RC regulations, j i 1. Vhe withheld information is property classified pursuant to Executive Order. (Exemption 1) )

x

2. The withheld information relates solely to the internal personnel rules and procedures of NRC. (Exemption 2) l l3. Vhe withheld mformation is specifically enempted from public disclosure by statute indicated. (Exemption 3)

Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U.S.C. 21612165). l i

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

4. The withheld mformation is a trede secret or commercial or (mancial mformation that is being withheld for the reason (s) iridicated. (Exemption 4)

The mformation is considered to be confidential business (propnetaryl mformation i l

The information is considered to be propnetary information pursuant to 10 CFR 2.790fdll1b l I

l The mformation was submitted and received in confidence pursuant to 10 CFR 2 790tdH2) i I

X 5. The withheld mformation consists of mieragency or mtraagency records that are not available through discovery dunng litigation (Exemption 5). Applicable Privilege:  ;

Deliberative Process- Disclosure of predecisional mformauor. would tend to inhibit the open and frank enchange of ideas vnsential to the deliberative process j X where records are withheid m their entirety. the f acts are me iricabiv mieriwaned witn the predecisionai entarmation inese aiso are no reasonabiy soaregabie f aciuai 4 portions because the release of the f acts would permit an mdirect inquiry into the predecisional process of the agency Attorney work product pnvilege IDocuments prepared by an attorney m t.ontemplation of litigation I l Attorney-client privilege. (Confidential communications between an attorney and his/her client.)

X 6. The withheld information is exempted from public disclosure because its declosure would result m a clearly unwarranted invasson of personal pnvecy (Exemption 6) J

7. The withheld mformation consists of records compiled for law enforcement purposes and is 9eing withheld for the reason (sl indicated (Exemption 7) i Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of l enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. (E nemptson 7 ( AH Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(CD The oformation consists of names of individuais and other mformation the drsclosure of v6hech could feasonably be esDetted to revealidentities of confidential sources. (Exemption 7 (D))

OTHER i

a l PART 84. C-DENYAG OFFICIALS Pursuent to 10 CFR 9.25(b) and/or 9.25(c) of the U.S. Nuclear Regulatory Comm<ssion regulations, it has been determined that the information withheld is exempt from pro.

duction or desclosure, and that its production or d>sclosure is contrary to the public interest. The persons responsible for the denial are those officials identified below as deny;ng officials and the Director, Division of Freedom of Information and Pubt. cations Services. Office of Admin +stiation. for any deniais that may be appealed to the Executive Director for Oporations (E DOL DENYING OFFICIAL TIFLE ' OFFICE RECORDS DENIED APPELLATE OFFICIAL l

EDo SECRETARY 10 IH. Miller Mministrator, Region 1 DD/l X S. Joosten Executive Assistant, SECY DD/2 & DD/3 X l l

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l PART !!. D- APPEAL RIGHTS TM donial by each denymg official identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writing within 30 days of receipt of this response. Appeals must be addressed, as appropriate to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Qegulatory Commission. Washington, DC 20555. and shculd 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) (1-91) U.S. NUCLEAR REGULATORY COMMISSION  !

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Re: FOIA-96-351 l APPENDIX DD RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS l

1. 10/28/92 Enclosure 4 - letter to NRC from S. LaBruna j re: Firewatch Investigation Report (7 pages)

EX. 6

2. 08/08/94' Letter to I. Selin from an individual,

Subject:

NRC Violations at Salem Nuclear Plant, w/SECY control sheet and EDO control sheet with handwritten notes (58 pages) EX. 5

&6

3. 09/16/94 SECY-94-242, Proposed $500,000 Civil Penalty to Public Service Electric & Gas Company concerning violations at Salem Unit 1 (EA 94- l 112) (20 pages) EX. 5 l

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- 1 SHAW, PITTMAN, Porrs & TROWBRIDGE J

,i 2300 N STREET. N.W. l WASHINGTON. D.C. 20037-1128 a

(202) 663-8000 (202 6 8007

-  ;. g c. FOMW REQUEST i Case No. _ fl-3ri 1 August 30,1996 Date Rec'd. 9 - 1. ': i l Action Oft: {

Director, Division of Freedom of Related Case:

l. Information & Publications Services Office of Administration l U.S. Nuclear Regulatory Commission i Two White Flint North Building 11545 Rockville Pike

. Rockville, MD 20852 l Re: Freedom ofInformation Act Request Regarding the Salem Generating Station, Docket Nos. 50-272 and 50-311 l

Dear Sir or Madam:

1 This is a Freedom ofInformation Act request pursuant to 5 U.S.C. 552(a)(3) and 10 C.F.R. Q 9.23. We request that you make available to Shaw, Pittman, Potts & Trowbridge the documents responsive to the attached Request for Production of Documents. These documents need to be made available as soon as possible to support depositions in an accelerated legal action. In order to expedite production of the documents, we have deliberately tailored this request to be narrow in scope and straightforward in the type of documents requested. We have already obtained copies of relevant documents presently available at the N.R.C. Public Documents Room and they need not be produced again in response to this request. Of course, we agree to bear the cost of this request as per 10 C.F.R.

{ 9.23(b)(4),9.33,9.39, and 9.40, and we authorize you to respond to this request piecemeal

as documents become available. Please contact me at (202)663-8148, or William Hollaway at (202)663-8294, at your convenience if you have any questions regarding this request.

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Please direct your response, pursuant to 10 C.F.R. Q 9.27, to:

William R. Hollaway, Ph.D.

Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.

Washington, D.C. 20037-1128 _

(202)663-8294 i

Fax: (202)663-8007 I

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- * .__ SHAW, PITTMAN, POTTs'& TROWBRIDGE _ -l

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Director, Division of Freedom of Information and Publications Services l I August 30,1996 )

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Thank you for your cooperation in this matter.

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John . O'Neill, Jr.

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FOIA Request, Aug. 30,1996 REOUEST FOR PRODUCTION OF DOCUMENTS I. DIRECTIONS AND INSTRUCTIONS

1. The term "NRC" means the United States Nuclear Regulatory Commission, all offices and/or branches thereof specifically including, but not limited to, headquarters in Rockville, Maryland and the Region I office in King of Prussia, Pennsylvania, and also in-cludes all employees, consultants, agents, and representatives to the maximum extent per-mitted by 10 C.F.R. 9.3, unless otherwise indicated by the. ..{uest.

2. The term " Salem" means one or both units of the Salem Generating Station located in Hancocks Bridge, New Jersey and operated by the Public Service Electric and Gas Company.

3. The term " SAP" mears the Salem Assessment Panel that was developed in 1995 specifi-cally to review Salem Generating Station on an ongoing basis, including all members and supervisors th . . f.

4. The term "PSE&G" refers the operator of Salem, Public Service Electric and Gas Company.

5. The term "PECO Energy" refers to PECO Energy Company, formerly known as Philadel-phia Electric Company.

6. The term "Delmarva" refers to Delmarva Power & Light Company.

7. The term " Atlantic Electric" refers to Atlantic City Electric Company.

8. The term "SALP" means the Strategic Assessment of Licensee Performance, a compre-hensive review of plant performance, performed for each plant on an 18-month cycle. The most recent SALP review for Salem was issued on January 3,1995.

9. The term " Enforcement Action" means a civil penalty levied by the NRC against the licen-sees of Salem pursuant to single or multiple violations at Salem. The most recent En-forcement Action regarding Salem was issued on October 16,1995.

10. - The term "AIT" means the Augmented Inspection Teams that performed investigations of Salem in 1992,1993, and 1994, including all members and supervisors thereof.

11. The term " SIT" means the Special Inspection Team that performed an investigation of Sa- _

lem in 1995, including all members and supervisors thereof.

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, FOIA Request, Aug. 30,1996  !

' 12; The term "PA" means the comprehensive Performance Assessment evaluation of Salem l performed in July-August,1995 to aid in focusing future NRC inspection resources at Salem.

13. The term " Confirmatory Action Letter" means the letter from the NRC to PSE&G on June  !

j 9,1995 confirming PSE&G commitments to take specific actions prior to the restart of ,

j Salem and confirming that failure to take these actions may result in enforcement action.  !

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t IL DOCUMENTS REQUESTED

! 1. All documents concerning the NRC's Salem Assessment Panel (" SAP") established on

. August 2,1995, especially including but not limited to:

e

a. All internal NRC discussions concerning the formation and purpose of the SAP; 4

l b Transcripts, .necting minutes, st.mmaries, and handouts of all meetings dthe SAP; i

4 j c. Lists of attendees at all meetings of the SAP;

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d. All materials presented to the SAP;

[ e. All notes taken during presentations and meetings of the SAP; j f. All reports or memoranda of the SAP; )

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g. All reports or memoranda written by any members of the SAP concerning Salem.  !

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2. All documents concerning the NRC's Systematic Assessment of Licensee Performance  !

("SALP") reviews of Salem from 1990 through the present, especially including but not j limited to

i li a. Transcripts, meeting minutes, summaries, and handouts of all NRC meetings on the Salem SALP reports; -  ;

e b. Lists of attendees at all meetings on the Salem SALP reports; j

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c. Variances, differences or changes between consecutive Salem SALP reports;  ;

4 d. Internal NRC discussions about interim drafts of the Salem SALP reports;

e. Internal NRC discussions abou'. final drafts of the Salem SALP reports; i

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, FOIA Request, Aug. 30,1996

f. Internal NRC discussions about variances, differences or changes between interim reports and the final Salem S ALP reports;

g. The basis for each of the findings in the Salem SALP reports; i h. Region l's knowledge ofissues raised in the Salem SALP reports;

i. Region I's knowledge of PSE&G's plans to address issues raised in the various Sa-lem SALP reports;

j. Internal Region I discussions concerning the findings and conclusions expressed in the Salem SALP reports;

k. Whether NRC or Region I ever expressed any concerns about poor or declining performance or the like to PSE&G related to the Salem SALP reports;

1. Communications between NRC and Region I personnel concerning consistencies or inconsistencies between the various Salem SALP reports; l

m. . All documents setting forth or discussing the deliberations and considerations of the SALP boards reviewing Salem performance from 1990 to the present;

n. To the extent not covered by previous requests, all other documents regarding the Salem SALP reports.

3. All documents concerning potential and actual NRC enforcement actions regarding Salem from 1990 to the present, including but not limited to:

a. Transcripts, meeting minutes, summaries, and handouts from all Enforcement Con-ferences concerning Salem between NRC and PSE&G, including but not limited to meetings on February 2,1992; April 9,1992; April 6,1993; February 1,1994; July 28,1994; February 10,1995; June 1,1995; June 23,1995; July 13,1995; and July 28,1995;

b. Lists of attendees at all Enforcement Conferences conceming Salem between NRC and PSE&G;

c. Transcripts, meeting minutes, summaries, and handouts from all internal NRC meetings concerning enforcement actions regarding Salem;

d. Lists of attendees at all intemal NRC meetings concerning enforcement actions re-garding Salem;

e. Communications with PSE&G concerning potential and actual NRC enforcement actions regarding Salem; 3

FOIA Request, Aug. 30,1996

. f. Communications with others concerning potential and actual NRC enforcement

[

! actions regarding Salem, especially including but not limited to PECO Energy, l

{ Delmarva, and Atlantic Electnc; l

,. g. Internal NRC discussio'is concerning potential NRC enforcement actions regarding

Salem; I h. Internal NRC discussions concerning actual NRC enforcement actions regarding i-Salem, including but not limited to the $50,000 civil penalty issued March 9,1994; (

q. the $500,000 civil penalty issued October 5,1994; $80,000 civil penalty issued l l April 11,1995; and the $600,000 civil penalty issued October 16,1995;

' i. The basis and rationale for taking each of the enforcement actions regarding )

. Sdem; i

j. Internal NRC discussions about drafts of the enforcement actions regardir.g Salem;

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k. Internal NRC discussions concerning the findings and conclusions expressed in the

{. enforcement actions regarding Salem, t

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1. . Internal NRC discussions concerning PSE&G's responses to each of the enforce-i ment actions regarding Salem;

4. All documents concerning meetings between the NRC and PSE&G management or Board

[ of Directors concerning the' performance of Salem from 1990 to the present, including but ,

! not limited to:

i j a. Transcripts, meeting minutes, summaries, and handouts from all meetings, includ-ing but not limited to meetings on June 25,1992; July 1,1992; October 10,1992;

July 16,1993; July 18,1993; August 6,1993; May 7,1994; March 20,1995; March 21,1995; April 3,1995; June 5,1995; and May 24,1996;

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b. Lists of attendees at all such meetings; )

l c. Communications with PSE&G concerning such meetings; j d. Communications with others concerning such meetings, especially including but not limited to PECO Energy, Delmarva, and Atlantic Electric; L

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e. Internal NRC discussions concerning such meetings.  !

5. All documents concerning the NRC Augmented Inspection Team ("AIT") investigations

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ofincidents at Salem from November Il-December 3,1991; December 14-23,1992; June l 5-28,1993; and around April 1994, including but not limited to

_ _ .. ._ _ . . _ _ _ _ _ _ . . . - _ _ _ _ _ _ . _ . . _ _ _ _ . _ . . . _ . . ~ . . . .- . __

FOIA Request,- Aug. 30,1996

a. Transcripts, meeting minutes, summaries, and handouts from all AIT meetings re-garding Salem;-

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b. Lists of attendees at all AIT meetings regarding Salem; '

c. Communications with PSE&G concerning the AIT investigations at Salem and l AIT meetings regarding Salem;-

d. Communications with others concerning the'AIT investigations at Salem and AIT meetings regarding Salem, especially including but not limited to PECO Energy, Delmarva, and Atlantic Electric;

e. Internal NRC discussions concerning the AIT meetings regarding Salem;

f. The reasons why the NRC decided to do the AIT investigations at Salem. l

g. The basis for each of the findings in the AIT reports ofinvestigations at Salem; I

h. Notes taken by inspectors during and after the AIT investigations at Salem;

i. " Internal NRC discussions about interim drafts of the AIT reports ofinvestigations at Salem;

j. Internal NRC discussions about final drafts of the AIT reports ofinvestigations at Salem;

k. Internal NRC discussions concerning the findings and conclusions expressed in the AIT reports ofinvestigations at Salem.

6. All documents concerning the NRC Special Inspection Team (" SIT") review of Salem per-formance from March 26-May 12,1995, including but not limited to:

a. Transcripts, meeting minutes, summaries, and handouts from all SIT meetings re- I garding Salem; I

b. Lists of attendees at all SIT meetings regarding Salem;

c. Communications with PSE&G concerning the SIT investigation at Salem and SIT l meetings regarding Salem; 3

d. Communications with others concerning the SIT investigation at Salem and SIT  !

meetings regarding Salem, especially including but not limited to PECO Energy, l

Delmarva, and Atlantic Electric;

e. Internal NRC discussions concerning the SIT meetings regarding Salem; i

j

,, 1 FOIA Request, Aug. 30,1996 4

l f. The reasons why the NRC decided to perform the SIT investigation at Salem; i'

! g. The basis for each of the findings in the SIT report regarding Salem;

! h. Notes taken by inspectors during the SIT investigation at Salem;

i. Internal NRC discussions about interim drafts of the SIT report regarding Salem;

j. Internal NRC discussions about final drafts of the SIT report regarding Salem;

k. Internal NRC discussions concerning the findings and conclusions expressed in the SIT report regarding Salem.  ;

1

7. All documents concerning the NRC's Performance Assessment ("PA") review of Salem from July Il-Atigust 25,1994, including but not limited to:

a. Transcripts, meeting minutes, summaries, and handouts from all meetings concern-ing the PA review regarding Sa'em;

b. Lists of attendees at all meetings concerning the PA review regarding Salem;

c. Communications with PSE&G concerning the PA review and PA review meetings l regarding Salem; .

d. Communications with others concerning the PA review and PA review meetings ,

regarding Salem, especially including but not limited to PECO Energy, Delmarva, i and Atlantic Electric;

e. Internal NRC discussions concerning the PA review meeting regarding Salem;

f. The reasons why the NRC decided te do a PA review regarding Salem;

g. The basis for each of the findings in the repon regarding the PA review regarding Salem;

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h. Notes taken during the PA review regarding Salem; l

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i. Internal NRC discussions about interim drafts of the PA review report regarding Salem, 4

j. Internal NRC discussions about final drafts of the PA review report reguJing l i

Salem; _.

k. Internal NRC discussions concerning the findings and conclusions expressed in the l PA review report regarding Salem. l l

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.. FOIA Request, Aug. 30,1996 4

l 8. All documents concerning the Confirmatory Action Letter of June 9,1995 (CAL No.

i 1-95-009), including but not limited to: }

} -- i Communications with PSE&G conceming the Confirmatory Action Letter; A

b. Communications with others concerning the Confirmatory Action Letter, espe-cially including but not limited to PECO Energy, Delmarva, and Atlantic Electric;  ;

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. c. Internal NRC discussions concerning the Confirmatory Action Letter; j t

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j d. Discussions with Region I concerning non-final drafts of the Confirmatory Action l Letter; )

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Discussions with Region I concerning final drafts of the Confirmatory Action  ;

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2 Letter; [

f. Region I's knowledge of the issues raised in the Confirmatory Action Letter; l g. Region I's knowledge of PSE&Gs plans to address issues raised in the Confirma-

tory Action Letter.

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T. ENCLOSURE 4 ,

Pubhc Service i

Electric and Gas l Company 1 l 3 - Ctaedey Las,una Public Service Dectne and Gas Company P.O. Bos 236. Hancocks Bridge. NJ 08038 609-339 1200 '

L vo -, . ~ - OCT281992 ,

. NLR-N92159 1

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I 4 U.S. Nuclear Regulatory Commission l Attention:. Document Control Des'k l' l Washington, DC 20555 i

I Gentlemen: j

FIREWATCH INVESTIGATION REPORT

) SALEN GENERATING STATION UNIT NOS. 1 & 2, AND HOPE CREEK GENERATING STATION ~

j DOCKET NOS. 50-272, 50-311, AND 50-354 l

4 Public Service Electric and Gas Company (PSE&G) her^ov tubmits its Firewatch Investigation Report, detailing all invewLigative work, findings, and corrective actions relating to firewatch performance i.

i issues at the Salem and Hope Creek Generating Stations.

Pursuant to the provisions of 10 CFR 2.790 (a) (6) , PSE&G is

• requesting that the attached Report be withheld from public disclosure. The Report specifically identifies current and former i employees at the site and contains personal information - the-1 public release of which would constitute a clearly unwarranted invasion of the privacy of those individuals identified. The release of personal information would also result in increased i

! witness reticence during interviews thereby seriously impeding the j ability of PSEEG and the NRC to gather facts and investigate future safety matters or other issues. Additionally, the Report divulges PSE&G's investigative plan and techniques which, if released, would l

i decrease the effectiveness of its corporate and site protection investigative functions.

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i. For the foregoing reasons, the Firewatch Investigation Report j should be withheld. In the event that the NRC determine not'to i

grant this request for withholding, PSE&G requests, in accordance i

with the provisions of 10 CFR 2.790 (c), that the subject report be

! returned. .

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' The ta nts to s etg withhel public

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Document Control Desk -2 -

00T281992 HLR-N92159 Chould you have any questions regarding this matter, we will be .

pleased to discuss them with you.

Sincerely,

&W Attachment C Mr. T. T. Martin, Administrator - Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. T. P. Johnson (SO9)

USNRC Senior Resident Inspector o d be w 14c _ -

The attachmente s letter s d(sclosure.

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