ML20137X488
| ML20137X488 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 04/11/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Hollaway W, Oneill J SHAW, PITTMAN, POTTS & TROWBRIDGE |
| Shared Package | |
| ML20137X493 | List: |
| References | |
| FOIA-96-351 NUDOCS 9704220053 | |
| Download: ML20137X488 (4) | |
Text
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U1 NUCLEAR REZULATORY COMMISSION NHC FOlA HEOUEST NUMBEHIS) g.s FOIA 3 51 i
k RESPONSE TYPE yj
- i RESPONSE TO FREEDOM OF X l FINAL 13tH l PARTIAL
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INFORMATION ACT (FOlA) REQUEST o^tE s
AFB 1 1 1997 eeeee OOCKE T NUMBE RIS) //t appbcable/
1 RE QUESTE R Mr.
J.H. O'Neill, Jr. ATTN:
W.
R.
Hollaway PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED /See checkedboxes/
No egency records subject to the request have been located.
No additional agency records subject to the request have been located.
Requested reco ds are available through another public distribution program. See Comments section.
Agency records subject to the request that are identified in Append;x(es) are already available for public inspection and copying at the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC.
Agency records subject to the request that are identsfied in Appendix (es) are being made available for public inspection and copying ct th) NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA number.
The 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.
Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the N RC Local Public Document Room identified in the Comments section.
Enclosed is information on how you may obtain access to ano the charges for copying records located at the NRC Public Document Hoom,2120 L Street, N.W., Washington, DC.
y 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.
X Fees You wih be billed by the N RC for fees totaling $
j y
You will receive a refund from the N RC in the amount of $
In view of N RC's response to this request, no further action is being taken on appeal letter dated
, No.
l PART 11. A-INFORMATION WITHHELD FROM PUBt IC DISCLOSURE Certlin information in the requested records is beir'2 withheld from public disclosure pursuant to the exemptions described in and for the reasons stated y
in P;rt 11 B, C, and D. Any released portions of tt e documents for which only part of the record k being withheld are being made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC H a folder under this FOIA number.
' COMMENTS i
See attached sheet for breakdown Of fees.
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DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 96-351 (CONTINUATl!N)
@ } } I997 l
PART N.8-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (est EE are being withheld in their entirar:y 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 N RC regulations.
- 1. The withheld information is property classified pursuant to Executive Order,(Exemption 1)
- 2. The withheld mformation relates solely to the internal personnel rules and procedures of NRC. (Exemption 2) l l 3. The withheld informaton is specifically exempted 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 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).
- 4. The withheld mformaton es a trade secret or commercial or financial mformaton that is bemg withheld for the reasonds) indicated. (Exemption 4)
The mformation is considered to be confidential business (propretary) enformation.
The enformation is considered to be propretary informaten pursuant to 10 CFR 2.790ldlitl.
The information was submitted and received in conhdence pursuant to 10 CFR 2.790(dH2L
- 6. The withheld mformation consists of mieragency or mtraagency records that are not avadable through discovery during inegation (Exemption 5). Apphcable Privilege:
Dehberativ's ProcessT Disclosure of predecisional mformation woukt tend to mhsbit the open and frank enchange of ideas 'essenUal to the deliberative process.
y Where records are wethheld m their antarsty, the f acts are mentricably mtertwmed with the predecisional mformation There also are no reasonably segregeble f actual portions because the release of the facts would permit an mdirect mquery mto the predecisional process of the agency Attorney work product pnvdege. IDocuments prepared by an attorney in contemplation of htigation 6 Attorney-chent pr6vilege, (Confidential commumcations between an attomey and his/her chant.)
- 6. The withheld enformanon is esempted from public disclosure because its disclosure would result m a clearly unwarranted mvasion of personal pnvecy (Ememption 6)
- 7. The withheld e r mation consists of records compe6ed for law enforcement purposes and is bemg withheld for the reason (s) mdicated. (Exemption 7)
Disclosure could reasonably be expected to interfere witn an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement s' forts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. (E nemption 7 ( A))
Disclosure would constitute en unwarranted invasion of personal privacy. (Exemption 7(C))
The mformahon consists of names of odeviduals and other mformation the disclosure of which could reasonably be emoected to revealidentities of confidential sources. (Exemption 7 (D))
l OfHER l
PART N. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25(b) snd/or 9.25M of the aS. Nuclear Regulatory Commission regulations, it has been determined that the informanon withheld is exempt from pro.
duction or disclosure, and that its production or disclosure is contrary to the pubhc interest. The persons responsible for the denial are those offecials identified below as denying officials and the Director, Division of Freedom of information and Pubhcations Services, Office of Admmistrat on, for any demais that may be appealed to the Execut ve Director i
for Oper:tions (EDO).
l DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL i
_ Eoo secRa m y o
l S. Joosten Executive Assistant. SECY Appendix EE X
l l
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l PART N. D-APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appeeled to the Appellate Official identified there. Any such appeal must be made in writing within 30 days of receipt of this response Appeels must be addressed, as appropriate, to the E accutive Director for Operatiore, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear i
Regulatory CommWsion, Washington, DC 20565, and should cieerfy state on the envelope and in the letter that it is en " Appeal from en Initial FOl A Decision."
l N~C FORM 464 (Port 2) (1-91)
U.S. NUCLEAR REGULATORY COMMISS4ON
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ACTUAL PROCESSING FEES FOR FOlA-96-351 Search -
$1,755.86 i
SES at $61.18 per hr. - 3 hrs.10 mins.
Professional at $33.30 per hr. - 43 hrs.
Clerical at $15.79'per hr. - 8 hrs.15 mins.
)
Review '-
2,051.36 SES at $61.18 per hr. - 6 hrs. 45 mins.
i Professional at $33.30 per hr. - 48 hrs.15 mins.
Clerical at $15.79 per hr. - 2 hrs.
Reproduction -
1,859.40
' $.20 per pa9e - 9,297 pages -
-TOTAL
$5,666.62 Advance Payment (5,715.85)
(2,252.76)
REFUND
$2,301.99
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Re FOIA-96-351 i
APPENDIX EE RECORDS BEING WITHHELD IN PART 1
No.
DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 4
1.
06/03/94 Letter to Senator Biden, Jr.,
from I.
- Selin, responding to letter dated 5/18/94 (3 pages)
.i Already In PDR with enclosures:
1.
Detailed response to questions and t
concerns (30 pages) Already In PDR
- 2. Undated enclosure to letter addressing restart issues (19 pages) Already In PDR 3.
5/18/94 incoming letter to I.
Selin, from Senator J. Biden (5 pages) Already In PDR v
4.
6/16/94 Technical Issue Summary No. RI '
04 (2 pages) Released 5.
Letter to J. Wiggins from A.
McMahon w/ attached Undated letter to R.
Dowling from W.
Russell (5 pages) Released j
- 6. 5/18/94 E-mail from I.
Selin to W. Beecher and L.
Portner (1 page) Ex. 5 7.
Status of Major Issues Affecting Restart Activities at Salem-1 (22 pages) Released 2.
12/04/94 Letter to I.
Selin from an individual,
Subject:
NRC violations at Salem Nuclear.
Plant, w/SECY control sheet with handrwritten notes (3 pages) EX. 6 i
E i
t 9
A p-
..J.-
i SHAW, PITTMAN, Porrs & TROWBRIDGE m,
m 2300 N STREET N.W,-
WASHINGTON. D.C.20037-1128 (202) 663-8000 (202
-eOO7 F0lA/PA REQUEST so
- s. cra uti sa. r.o.
~~
Case No.
%-35I August 30,1996 Date Rec'd:
& 3- %
Achon Om h4 Director, Division of Freedom of Related Case Information & Publications Services Office of Administration U.S. Nuclear Regulatory Ccmmission Two White Flint North Building 11545 Rockville Pike Rockville,MD 20852 i
~
Re: - Freedom ofInformation Act Request Regarding the Salem Generating Station, Docket Nos. 50-272 and 50-311
.I
Dear Sir or Madam:
This is a Freedom ofInformation Act request pursuant to 5 U.S.C. Q 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 aheady 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.
QQ 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 sequest.
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 Fax: (202)663-8007
.P,& LC W J 3 Y'
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6 SHAW, PITTMAN, PoTTs a TROWBRIDGE i
A Pamim8 ADMsP tmCLUDfMS FA09080iONAL CORPORATIOut
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l Director, Division of Freedom ofInformation and Publications Services August 30,1996 Page 2 Thank you for your cooperation in this matter.
i Sin
- rely, j
John. O'Neill, Jr.
i l
Attachment i
uomucocsocs
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-...~. -..-
J-Fv1A Request, Aug. 30,1996 j
~
REOUEST FOR PRODUCTION OF DOCUMENTS L DIRECTIONS AND INSTR'UCTIONS 1.
The term "NRC" means the United States Nuclear Regulatory Commission, all offices i
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-1 cludes all employees, consultants, agents, and representatives to the maximum extent per-mitted by 10 C.F.R. Q 9.3, unless otherwise indicated by the request.
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" means the Salem Assessment Panel that was developed in 1995 specifi-l cally to review Salem Generating Station on an ongoing basis, including all members and i
supervisors thereof.
]
)
i 4.
The term "PSE&G" refers the operator of Salem, Public Service Electric and Gas
- i. T Company.
5.
The term "PECO Energy" refers to PECO Energy Company, formerly known as Philadel-1 phia Electric Company.
6.
The term "Delmarva" refers to Delmarva Power & Light Company, l
j 7.
The term " Atlantic Electric" refers to Atlantic City Electric Company.
i i
8.
The term "SALP" means the Strategic Assessment of Licensee Performance, a compre-j l
hensive review of plant perfonnance, pertoened for each plant on an 18-month cycle. The most recent SALP review for Salem was is ued on January 3,1995.
1 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-e forcement Action regarding Salem was issued on October 16,1995.
I 10.
The term "AIT" means the A--*M IaWon Teams that performed investigations of
~ Salem in 1992,1993, and 1994, includmg all members and supervisors thereof.
i i
1 F
11.
The term "Str" means the Special Inspection Team that performed an investigation of Sa-
[
lem in 1995, including all members and supemsors thereof.
+
l I
j i l.
t
_ _ - _ ~ _ _.
c.
FCdA Request, Aug. 30,1996
- 12. -
The term "PA" means the comprehensive Performance Assessment evaluation of Salem performed in July-August,1995 to aid in focusing future NRC inspection resources at Salem.
)
i 13.
The term " Confirmatory Action Letter" means the letter from the NRC to PSE&G on June 9,1995 confirming PSE&G commitments to take specific actions prior to the restart of Salem and confirming that failure to take these actions may result in enforcement action, i
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:
4 a.
All internal NRC discussions concerning the formation and purpose of the SAP; b.
Transcripts, meeting minutes, summaries, and handouts of all meetings of the SAP; l
l Lists of attendees at all meetings of the SAP; c.
j-d.
All materials presented to the SAP; i
All notes taken during presentations and meetings of the SAP; e.
i f.
All reports or memoranda of the SAP; g.
All reports or memoranda written by any members of the SAP concerning Salem.
I 2.
All documents concerning the NRC's Systematic Assessment ofLicensee Performance
("SALP") reviews of Salem from 1990 through the present, especially including but not i
limited to:
Transcripts, meeting minutes, surumaries, and handouts of all NRC meetings on a.
the Salem SALP reports;
)
i l-b..
Lists of attendees at all meetings on the Salem SALP reports; I
Variances, differences or changes bet;.wi consecutive Salem SALP reports; c.
d.
Internal NRC discussions about interim drafts of the Salem SALP reports; 4
c.
Internal NRC discussions about final drafts of the Salem SALP reports; j
i 1 4
FOIA Request, Aug 30,1996 f
Internal NRC discussions about variances, differences or changes between interim repons and the final Salem SALP reports; g
g.
The basis for each of the findings in the Salem SALP reports; h.
Region l's knowledge ofissues raised in the Salem SALP reports; 4
i.
Region l's knowledge of PSE&G's plans to address issues raised in the various Sa-lem SALP reports; j
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 declimng i
performance or the like to PSE&G related to the Salem SALP reports; I
1.
Communications between NRC and Region I personnel concerning consistencies -
3 or inconsistencies between the various Salem SALP reports; i
m.
All documents setting forth or discussing the deliberations and considerations of the SALP boards reviewing Salem performance from 1990 to the present; To the extent not covered by previous requests, all other documents regarding the n.
Salem SALP reports.
j 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, " eluding but not limited to m
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 concerning Salem betyeen 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 internal NRC meetings concerning enforcement actions re-garding Salem, e.
Communications with PSE&G concerning potential and actual NRC enforcement actions regarding Salem;.
I.
FuA 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, Delmarva, and Atlantic Electric;
. g.
Internal NRC discussions concerning potential NRC enforcement actions regarding Salem; h.
Internal NRC discussions concerning actual NRC enforcement actions regarding Salem, including but not limited to the $50,000 civil penalty issued March 9,1994; the $500,000 civil penalty issued October 5,1994; $80,000 civil penalty issued 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 Salem; j.
Internal NRC discussions about draAs of the enforcement actions regarding Salem; k.
Internal NRC discussions concerning the findings and conclusions expressed in the enforcement actions regarding Salem; 1.
Internal NRC discussions concerning PSE&G's responses to each of the enforce-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:
4 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; b.
Lists of attendees at all such meetings; c.
Communications with PSE&G concerning such meetings; d.
Communications with others concerning such wiay, especially including but not limited to PECO Energy, Delmarva, and Atlantic Electric; e.
Internal NRC discussions concerning such meetings 5.
. All documents concerning the NRC Augmented Inspection Team ("AIT") investigations ofincidents at Salem from November 11-December 3,1991; December 14-23,1992; June 5-28,1993; ano around April 1994, including but not limited to:
FOIA Request, Aug. 30,1996 Transcripts, meeting minutes, summaries, and handouts from all AIT meetings re-a.
garding Salem; t
4 b.
Lists of attendees at all AIT meetings regarding Salem; l
Communications with PSE&G concerning the AIT investigations at Salem and c.
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; Internal NRC discussions concerning the AIT meetings regarding Salem; j
e.
l-f.
The reasons why the NRC decided to do the AIT investigations at Salem.
+
g.
The basis for each of the findings in the AIT repons ofinvestigations at Salem; h.
Notes taken by inspectors during and after the AIT investigations at Salem; 1
i i
1.
Internal NRC discussions about interim drafts of the AIT repons ofinvestigations at Salem; j
j.
Internal NRC discussions about final drafts of the AIT repons ofinvestigations at Salem; k.
Internal NRC discussions concerning the 6ndings and conclusions expressed in the AIT repons ofinvestigations at Salem.
i 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:
i-a.
Transcripts, meeting minutes, summaries, and handouts from all SIT meetings re-garding Salem;
~
b.
Lists of attendees at all SIT meetings regarding Salem; t.
- I I
c.
Communications with PSE&G concerning the SIT investigation at Salem and SIT
[
meetings regarding Salem; d.
Comn'unications with others concerning the SIT investigation at Salem and SIT 1
I meetings regarding Salem, pqHy including but not limited to PECO Energy, Delmarva, and Atlantic Electric; j
e.
Internal NRC discussions concerning the SIT meetings regarding Salem; l i'
_ _. ~.
FOIA Request, Aug. 30,1996-f.
The reasons why the NRC decided to perform the SIT investigation at Salem; 1
g.
The basis for each of the findings in the SIT repon regarding Salem;
' h.
Notes taken by inspectors during the SIT investigation at Salem; 1
i.
Internal NRC discussions about interim drafts of the SIT report regarding Salem; ij i
j.
Interre NRC discussions about final drafts of the SIT repon regarding Salem;
)
~
k.
Internal NRC discussions concerning the findings and conclusions expressed in the j
i SIT repon regarding Salem.
I 7.
All documents concerning the NRC's Performance Assessment ("PA") review of Salem i
from July Il-August 25,1994, including but not limited to:
Transcripts, meeting minutes, summaries, and handouts from all meetings concern-a.
ing the PA review regarding Salem; b.
Lists of attendees at all meetings conceming the PA review regarding Salem; c.
Communications with PSE&G concerning the PA review and PA review meetings 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, and Atlantic Electric; Internal NRC discussions concerning the PA review meeting regarding Salem; e.
f.
The reasens why the NRC decided to do a PA review regarding Salem; g.
The basis for each of the findmgs in the report regarding the PA review regarding Salem; h.
Notes taken during the PA review regarding Salem; i.
Internal NRC discussions about interim drafts of the PA review report regarding Salem; j.
Internal NRC discussions about final drafts of the PA review report regarding Salem; k.
Internal NRC discussions concerning the findings and conclusions expressed in the PA review report regarding Salem..__
--.-.--. -.~
- .+.
FOIA RequGst, Aug. 30,1996 l
8.
All documents concerning the Confirmatory Action Letter ofJune 9,1995 (CAL No.
i 1-95-009), including but not limited to:
]
a.
Communications with PSE&G concerning the Confirmatory Action Letter; b.
Communications with others concerning the Confirmatory Action Letter, espe-i cially including but not limited to PECO Energy, Delmarva, and Atlantic Electric; c.
Internal NRC discussions concerning the Confirmatory Action Letter; 1
d.
Discussions with Region I concerning non-final drafts of the Confirmatory Action Letter; I
i c.
Discussions with Region I concerning final drafts of the Confirmatory Action Letter;
{
f.
Region l's knowledge of the issues raised in the Confirmatory Action Letter; I
l g.
Region l's knowledge of PSE&G's plans to address issues raised in the Confirma-l tory Action Letter, 1
i 4
1 3e1441 t DOCEDCI e
2 I
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