ML20151Y964
Text
--
S. N CLEAR f.EGULATORY COMMISSION Edyt
'a st "
- t a. i l
, 'L)
(pa %%,
l rtseosi mi I
j 2
l RESPONSE TO FREEDOM CF l
( *x, (,f INFORMATION ACT (FOIA) REQUEST
/
Docatt wvegiri p_u,2,ni-ADD 1, 10M ee.*
I Lab b to
)
I j
N bN PART 4.- RECORDS RELEASED OR NOT LOCATED (See checaed bones)
No egency records swd,ect to the roovest have been located j
No addetonal agency records swbrect to the roovest have been located Agency records subject to the reovest that s's centded m Append. -
a's 49eedy avadable for pubiec repection and coowng m toe NRC Puble Docwment Room.
1717 H Street. N W. Wuhegton, DC Agency records sub,ect to tne roovest tv s'e dentded m Appenda _b a e becg mese a adable for pubhc arscoction and cceyes e the NRC Pwbi4 Docww.ent i
Room.1717 H St eet. N W.. Wuhegton. DC e a fokw wnoer thisMA numte' eM reawester newe I
The nonproonetary verson of the proposalsi trat you ag*eed to accept m a te.cohone conversaton wth a membe' of rny staM is now toeg made awadaNe for pubhc rspecten j
a2 coveg at the NRC Pwtsc Dccument Room.1717 H $t'est. N W Washegion, DC e a foeder wnder the F01 A reder and 'soveste< name Enclosed a mformaton on how yow may obtain access to and t*e cha'ges for copyeg reco'ds piaced e tN NRC Pubhc Docwment Room.1717 H Street. N W. Washagton, DC Agency recoros sublect to the request s's encksed Any applicable charge for copes of the records prov< led and paiwent procedu es are noted in the comenents 6 seton.
r Records subject to the request have been re'e*'ed to anotter Federa! agencytes) for reve* and doect respoese to you.
la ve* of NRC's response to the roovest, no further acbon 4 toeg taken on appeal letter dated PART 11 A-INFORMATION WITHHELD FROM PUBLIC OISCLOSURE 1
l Certaa eforwuon m the reowested records e bem mthbeid from pubi.c d'sclosw's purswant to the FolA esemptons descreed m and for the rocsons stated m Pa't 11. sec-l 19ns B. C. 6M D Any rWeased po'tCas of the doewments for wh ch only pai of the record 4 being ethbekd are beeg made awadab4 for pubhc irmspeCICn and Copyr$ m i
the NRC Pwt4 Doewmeet Room.1717 H Street. N W., Wash.ngton, DC. e a folder unoer tne FOIA numter and reowester name.
tc=nente 1
hhh g b
M 7
Y
% K are out.od6 +L, % d N 9,
/
t 1
i l
8805050159 080410 PDR F-01A HAMLIN87-444 PDR s
se
.v
' 0+asc Os ovs - sat anccaos w
NIC FORM #a e -
e s&
L
FEEEDOM OF INFORMATION ACT RESPONSE FOtA NUMBEQSh Do7E PACT 11 S-APPLICASLE FOIA EXEMPTIONS il l
s Records subject to the request that are described in the enclosed Append'ces '
are being withheld in their entrety or in part Wer FOIA Exemptons and for the reasons set forth below pursuant to 5 U.S.C. 552(b) Ed 10 CFR 9 5(a) of NRC Regulatons.
- 1. The ethhe6d eformation e p operty classded pursuant to tiecutrve Order 12356 (ExtVPTION 11 2 The wthhead rdormation roastes so6ety to the etemas personnel rules and procedures of NRC. (ExtMPTION 21 l
- 3. The wthheid adormation e speedcany enemoted kom pubhc declosure av statute ed.cated: (ExtMPTtON 3)
Secten 141-145 of the Atoms Energy Act wh.ch prohwes the der.losure of Restncted Data or Formerty Restncted Data 642 U.S C. D612165L Secten 147 of the Atomic f rergy Act w*ch prohots the deciosure of Unclassifed Safeguards informaton (42 U S C. 2167L
- 4. The wthbed eformaton e a trade secret or commercial or feanew informata:e that e beeg ethheld for the reasonist recated. (ExtMPTION 41 The informaton e considered to to confoonte buseess (propreta y) Wormaton.
The efcarmaton e conseered to be propretary irformation pursuant to to CFR 2.790tdH11.
The inforristen was sutmtied and rece=ed e conf 4ence from a foregn source purswant to to CFR 2 790td42L a
- 5. The wthheld eformaton consists of u5teragency or intraegency records that are not evadatd4 thfough dasCovery dureg litgaten. Osclosure of predeceonal informaton would tend to chbet the open and frar4 enchange of dess essentiel to the dehtwatNo process Where records are wthheed e their entsrety, the facts are centncably etortwned wth the predece onel informaton. There also are eo reasocabty segwgable f actual portons because the reisese of the f acts would permet ta edrect equery eto tne prooeceenal process of the agency. (ExtMPf 60N 58
- 6. The wthheld enformation a esempted from pubesc dsclosure because ets decloswee would result e a cleady unwo rented invason of pe sonal penacy. IEXEMPTION 66
- 7. The ethheld adormaton consets of evestgatory records comoded for law enforcement pwrposes and e teeg wthhotd for the reasontal edicated. Itxf MPTION ?!
Deciuswee would eter9ere wth an eMorcement proceeding tocause a cov6d reveal the scope. detecton, and focus of ordorcement eMocts. and thus could possory anow them to take action to shebd potentel wongdoing or a violaten of NRC reowirervents from evestgators itxtVPTION 7 tan i
Doclosw e wov6d constrtwta an u warranted rwason of personat prwacy it*tMPTION 7 C)l r
n The eformaton consets of names of edevdweis and other eformation the declosw e of which would reveal der tttees of confeeet.al sources (ExtMPTION 7t0!!
e PART 11 C.OtNVING OFFICIALS C\\,rsuant to 10 CFR 9 9 and 'or 915 of the U S Nwcinar Regulatory Commeson egwtatens. it has teen determeed that the eformaton etw 6d e enemct from prodxton or decke re e
cr4 that sts producton or deciosure e contra y to the pwtdec eterest The persons respons b6e for the derwal are those 0"ices doett'ed te6ow as denyeg OMicels and the Drectoi.
Ditoon of Rues and Records. OMice of Adm nettet.on, for any cen.ats that may te appealed to the (secutrve Director for Operatens isooi n
TITLt; OF FICE.
RECCROS DENttD APPELLATE OFFICIAL OtNytNG OFFICIAL 3 _
b b
fil
- D.
v y
l l
)
l PART 110- APPE AL RIGHTS Vhe denial by each denymg offcal identrfed in Part ll.C may be appealed to the Appellate Official ident<fied in that secton. Any such appeal must be in wnteg and must be made wrthin 30 days of recetot of this response. Appeats must be addressed as appropriate to the Emecutive Orector for Operatons f*t to the Secretary of the Commisson, U.S. Nuclear Regulatory Commess.on, Washington. OC 20555, and should clearty state on the envelope and in the utter that at is an "Apoeal from an inmal FOIA Decison."
j eine Foaha eas tP.,i &
U.S. NUCLE AR REGULATORY COMMISSION 4 85' FOlA RESPONSE CONTINUATION
pt
+
Re: F0!A-87-444 APPENDIX C DOCUMENTS ALREADY AVAILABLE IN THE PDR 1.
10/24/79 Memo from Joseph M. Hendrie to the PDR and Parties to Diablo Canyon Licensing Proceeding. Accession No. 791031038, 2.
4/21/80 Memorandum to Caunsel for The Parties From J. Hendrie.
Accession No. 8204220194.
3.
7/21/81 Memo to the Files from William Manning. Accession No.
8107240080.
4.
11/20/81 Note to Parties in Diablo Canyon from Gilinsky.
Accession No. 8111250371.
5.
10/30/81 Letter from Gilinsky to Stanley Mendes. Accession No.
8111200761.
6.
11/4/81 Memorandum to the Parties in Diablo Canyon from Gilinsky, Accession No. 8111090509.
7.
10/20/82 Letter from Gilinsky to Scott Schulke. Accession No.
8210220363.
8.
10/17/83 Note to the Parties in the Diablo Canyon Proceeding from Gilinsky. Accession No. 8310190054, a
9.
12/16/83 Memoradum to the Files from William Manning.
Accession No. 8312200121.
- 10. 2/28/84 Memo to the Parties ir, the Diablo Canyon Operating License Proceeding from Gilinsky. Accession No. 8402290084.
t w-.
Re: FOIA-87-444 APPENDIX D DOCUMENTS BEING PLACED IN THE PDR The following records were located in former Comissioner Peter A.
Bradford's files:
1.
11/30/78 Letter from Bradford to Albert Lake. (2 pages) 2.
7/18/79 Letter from Bradford to M. Brook Tice.
(3 pages) 3.
1/30/81 Letter from Bradford to the Honorable John E. Bryson. (5 pages) 4.
8/7/81 Memo from Len Bickwit to the Comission. (1 page) 5.
9/22/81 Letter from Bradford to Marilyn Herlan. (2 pages) 6.
9/22/81 Letter from Bradford to Ruth Holtzman. (2 pages) 7.
9/22/81 Letter from Bradford to Pat Simonson. (1 page) 8.
9/23/81 Letter from Bradford to Lydia Pollard. (2 pages) 9.
9/23/81 Letter from Bradford to Dianne Wilson. (2 pages) 10, 9/23/81 Letter from Bradford to George Young. (2 pages)
- 11. 9/23/81 Letter from Bradford to Nancy Levy. (1 page),
12, 9/23/81 Letter from Bradford to Dr. Sidney Bergman. (2 pages) 13, 9/24/81 Letter from Bradford to Dr. Shirley Isaacson. (2 pages)
- 14. 9/24/81 Letter from Bradford to Mr. & Mrs. Weinberg. (2 pages)
- 15. 9/29/81 Letter from Bradford to Karen Schlaff. (2 pages) 16.
9/29/81 Letter from Bradford to Andrea Natel. (2 pages) 17.
9/29/81 LetterfromBradfordtoJamesJuber.ville.(5pages) 18.
10/2/81 Letter from Bradford to P. Kitchuck. (2 pages) 19.
10/2/81 Letter from Bradford to Mr. & Mrs. Gerald Schiller. (2 pages) 20.
10/2/81 Letter from Bradford to Suzanne Borghei. (2 pages) 21.
10/7/81 Letter from Bradford to Steve Wahl. (3 pages)
Re: F0!A-87-444 APPENDIX D DOCUMENTS BEING PLACED IN THE PDR (Continued) 22.
10/13/81 Letter from Bradford to Karen Calhoun. (2 pages) 23.
10/13/81 Letter from Bradford to John Weibusch. (2 pages) 24.
10/26/81 Letter from Bradford to Jay Newbern. (2 pages) 25.
10/26/81 Letter from Bradford to Ken Kucera. (4 pages) 26.
10/27/81 Letter from Bradford to Anna Collins. (2 pages) 27.
10/27/81 Letter from Bradford to Pat Dressendorfer. (2 pages) 28.
10/27/81 Letter from Bradford to Yorgos Savides. (2 pages) 29.
10/27/81 Letter from Bradford to Susan Jaffe. (2 pages) 30, 10/28/81 Letter from Bradford to William Kennedy. (2 pages) 31.
10/29/81 LetterfromBradfordtoDr.J.CarsonMark.(1page) 32.
11/2/81 Letter from Bradford to Mr. & Mrs. William Townsend. (2 pages) 33, 11/12/81 LetterfromBradfordtoLornaChaplin.(2pages) 34.
11/12/81 Letter from Bradford to Steve and Mary Pipkin. (2 pages) 35.
11/12/81 LetterfromBradfordtoSueRutherford.(2pages) 36.
11/12/81 Letter from Bradford to Susan Stanners. (4 pages) 37.
11/12/81 Letter from Bradford to Susan Park. (2 pages)
The Following documents were located in fomer Comissioner John Ahearne's file:
- 38. 3/5/82 Letter from Ahearne to Cong. Miller. (2 pages) 39, 3/17/82 Memo from Ahearne to Comission. (1 page) 40.
4/6/83 Note from L. Van Cise to B. Hayes. (2 pages)
\\
Re: F0!A-87-444 l
APPENDIX D DOCUMENTS BEING PLACED IN THE PDR (Continued)
The following records were located in former Comissioner Victor Gilinsky's files:
41.
5/9/80 Letter from Gilinsky to Cong. Panetta. (4 pages) 1 42.
10/30/81 Letter from Gilinsky to Pat Dressendorfer. (1 page) 43.
10/6/81 Note from Gilinsky to Maura Kleeman. (3 pages) 44.
11/4/81 Office of Public Affairs News Sumary with Handwritten note from Gilinsky. (2 pages) 45.
11/11/81 LettertoGilinskyfromGailJacobsen.(2pages) 46.
11/23/81 Memo from Gilinsky to Comission. (1 page) 47.
1/20/82 Memo from Gilinsky to Comission. (2 pages) 48.
1/20/82 Letter from Gilinsky to Ruth Holtz. (2 pages) 49, 12/10/81 Letter from Gilinsky to Robert Landman. (3 pages)
)
50.
1/20/82 Letter from Gilinsky to Carl Mansfield. (5 pages) 51.
1/20/82 Statement of Edward C. Abbott (1 page) 52, 2/26/82 Memo from Manning to Chilk. (7 pages) 53.
3/26/82 Letter from Gilinsky to L. D. Belveal. (2 pages) 54.
4/1/82 Note from Gilinsky to Tom Redburn. (1 page) 55.
3/11/83 Letter from Gilinsky to Cong. Udall. (28 pages)
- 56. 4/25/84 Letter from Gilinsky to Ronald Smutz. (2 pages) l
- 57. 8/19/81 Notes from Abbott to Gilinsky. (10 pages)
- 58. 4/27/84 LetterfromR.GoldsmithtoPamelaSecrest.(3pages)
- 59. 4/27/84 Letter from R. Goldsmith to Alejandro Gil. (2 pages) 60.
5/21/84 Letter from R. Goldsmith to Marcy Scandalis. (2 pages) 61.
10/17/83 Note to S. Chilk from Manning. (1 page)
J
Re: FOIA-87-444 APPENDIX D DOCUMENTS BEING PLACED IN THE PDR (Continued) 62.
11/28/83 Memo from Manning to Chilk. (6 pages)
- 63. 12/6/83 LetterfremR.GoldsmithtoHaroldHudson,(1page) 64.
12/8/83 Memo from Gilinsky to Comission. (1 page) i
- 65. 1/26/84 Letter from R. Goldsmith to Laurie & Amiel Needham. (2 pages)
- 66. 1/26/84 Letter from R. Goldsmith to Barbara Snader. (2 pages)
- 67. 1/26/84 LetterfromR.GoldsmithtoDorothyAndersen.(5pages) 4 68.
1/26/84 Letter from R. Goldsmith to Kim Burgruff. (2 pages) 69.
1/26/84 Letter from R. Goldsmith to Eleanor Lewallen. (8 pages)
- 70. 2/24/84 Letter from R. Goldsmith to Cary English. (4 pages)
J
- 71. 3/6/84 LetterfromR.GoldsmithtoDebbieHighfill.(5pages) l l
- 72. 4/10/84 Note from Gilinsky for Jack Burby. (1 page) j
- 73. 4/9/84 Memo from V. Gilinsky to S. Chilk (1 page) [ NOTE: The attached 4/6/84 memo from Fitzgerald to Gilinsky is already in the PDR. Accession No. 8404100175.)
The following record was located in former Chairman Nunzio Palladino's files:
74 7/31/84 Memo from Palladino to the Comissioners. (3 pages)
- 75. 9/17/84 Memo from Palladino to the comissioners.
(2pages)
- 76. 11/2/84 Memo from Palladino to William Briggs. (1 page)
- 77. 3/11/85 Memo from Palladino to the Comissioners. (30 pages)
- 78. 4/4/85 Memo from Palladino to the Comissioners.
(3pages) 79.
IndicesfordocumentsidentifiedonAppendixC.(10pages) 80.
Indices for documents identified on Appendix D. (76 pages) 81.
Indices for documents identified on Appendix E. (42 pages) i l
82.
Indices for documents identified en Appendix F.
(9pages) i
Re: F0!A-87-444 i
APPENDIX E DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY PURSUANT TO EXEMPTION 5 The follow'ng records are located in former Comissioner Bradford's 3
files:
1.
10/29/81 Memo to Dircks from Bradford, subject: Diablo Canyon safetyinjectionpumpfailing(PN0-V-81-60).(1page) 2.
10/26/81 Memo to Remick from Bradford, subject: Diablo Canyon seismic. (1 page) 3.
11/10/81 Memo to Cars from Bradford, subject: Thoughts regarding the reassessment of the seismic issue at Diablo Canyon.
(1page) j 4.
9/21/81 Memo to Cmrs from Bradford, subject: Suggest the Attached modifications to the Diablo Canyon Order. (5 pages)
)
5.
9/21/81 Memo to Cars from Bradford, Diablo Canyon fire protection provisions.(1page) 6.
9/15/81 Bradford's coments to Chilk on Fleischaker letter subject: Response to motion of 9/11 requesting the disclosure of any discussions between J. Tourtelotte and i
Cars Roberts or other members of his staff re Diablo Canyon licensing proceedings. (1 page)garding the 7.
9/15/81 Memo to Chilk from Bradford, subject: SECY-81-508 review of ALAB-644 (In the Matter of Pacific Gas & Electric Company).
1 (1page) 8.
6/4/81 Memo to Bickwit from Bradford, subject: Diablo Can low power operating licensing proceeding. (1 page) yon 9.
3/31/81 Memo to Bickwit from Bradford, subject: Request for opinion on any rules of justification for the exclusion of i
Ms. Sandra Silver from the Diablo Canyon facility. (1 page)
- 10. 3/4/80 Femo to Cmrs from Bradford, subject: SECY-80-17-Request that the Comission instituts proceedings to determine whether Comissioner Kennedy and Hendrie should be l
disqualified from further participation in the Diablo Canyon oper6 ting license proceedings. (1 page)
r Re: F0!A-87-444 APPENDIX E (Continued)
DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY PURSUANT TO EXEMPTION 5 The following records are located in former Comissioner Gilinsky's files:
- 11. 4/11/84 Memo to W. Dircks from Gilinsky, subject: Diablo Canyon lossofECCS.(1page)
- 12. 3/28/84 Memo to Cars from Gilinsky, subject: Diablo Canyon low powerlicense.(1page) 13.
3/23/84 Memo to Cmrs from Gilinsky, subj: Diablo Canyon seismic design. (1 page) 14, 2/28/84 Memo from W. Manning to H. E. Plaine, subject: Ex Parte review of Diablo Canyon draft reports 50-275/83-37 and 50-323/83-25. (1 page) 15.
2/27/84 Memo to Cmrs from Gilinsky, subject: Diablo Canyon allegation management. (l'page) 16.
12/23/83 Memo to Cars from Gilinsky, subject: Comercial licensed operating) experience of Diablo Canyon licensed operators.
(94pages 17, 9/28/83 Memo from Gilinsky to J. J.
Ray, ACRS subject: 9/8 request for opinion on Tau effect re Diablo Canyon. (1 page) 18, 7/8/83 Memo to J. Ray f rom Gilinsky ACRS subject: "TAU Effect" re Daiblo Canyon".
- 19. 6/3/83 Memo from W. Manning to Chilk subj: Meno to T. Moore re treatment of information contained in ALAB-653 (Diablo Canyonphysicalsecurity).(1page)
Memo for Leonard Bickwit from Gilinsky, subject: Purgin 20.
5/4/83 of Diablo Canyon Physical security Decision. (2 pages) g 21, 3/26/82 Note to Bill of National Journal from Gilinsky, subject:
DiabloCanyonandbreederstudy.(1page) 22.
12/18/81 Memo to Cars from Gilinsky, subject: Review of ALAB-644-DiabloCanyonseismic(SECY-87-508).(1page) 23.
12/11/81 Memo to Cmrs from Gilinsky, subject: Review of ALAB-644--Diablo Canyon seismic decision (SECY-81-508).
(1 page) i
i l
Re: FOIA-87-444 APPENDIX E (Continued)
DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY PURSUANT TO EXEMPTION 5 The following records are located in former Comissioner Gilinsky's files:
24.
11/27/81 Memo to Cmrs from Gilinsky subject: Comission review of Diablo Canyon Seismic issue. (1 page) 25, 11/9/81 Memo to Cmr from Gilinsky, subject: Diablo Canyon. (1 page) 26.
10/19/81 Mem W C','s from Gilinsky subject: Diablo Canyon seismic analysis and resolution of design problems.
27, 9/23/81 Memo to Cmrs from Gilinsky, subject: Comission review of Diablo Canyon seismic decision (ALAB-644)
(1 page) 28, 9/8/81 Memo to N. Palladino from Gilinsky, subject: Diablo Canyon low-power decision. (1 page)
- 29. 9/4/81 Memo to Chairman Palladino from Gilinsky, subject: Diablo Canyon low power decision. (1 page)
- 30. 6/3/81 Memo to Bickwit from Gilinsky, subject: Diablo Canyon low power license proceeding. (1 page)
The following records are located in former Chairman Palladino's files:
31, 11/10/81 Memorandum to Cmrs from Palladino, subject: Diablo Canyon. (1 page) 32.
11/18/81 Note to Gilinsky from Palladino, subject: THR Proposal for Diablo Canyon Order. (2 pages)
- 33. 11/7/83 Memo to Cmrs from Palladino, subject: Diablo Canyon j
Order.(10pages) 34.
12/27/83 Memo to Cmrs from Pallad h o, subject: Proposed Response to Congress Markey re NRC handling of Working Paper for DiabloCanyoncasestudy.(CR-87-173).(1page) 35.
1/13/84 Memo to Zerbe from Palladino, subject: Comercial Licensed Operating) Experience of Diablo Canyon Licensed j
Operators. (1 page
\\
l
Re: F0iA-87-444
}
APPENDIX E (Continued)
DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY ~oVRSUANT TO EXEMPTION 5 The following records are located in former Chairman Palladino's files:
l 36.
1/23/84 Memo to H. E. Plaine from Palladino, subject: Diablo 1
Canyon. (1 page) l 37.
1/30/84 Memo tc Asselstine from Palladino, subject: Diablo
~
Canyon.(1page)
- 38. 4/3/84 Memo to Gilinsky from Palladino, subject:
COMVG-87-4-Diablo Canyon Low Power License. (1 page) i 39, 4/4/84 Memo to J. Ebersole from Palladino, subject: ACRS Review ofDiabloCanyonIssuss.(1page)
- 40. 4/13/84 Memo to Cmrs from Palladino, subject: Draft Order on Diablo Canyon. (6 pages)
I I
- 41. 4/13/84 Memo to J. Ebersole from Palladino, subject: ACRS Review i
ofDiabloCanyonIssues.(2pages)
J
- 42. 6/13/84 Memo to Cars from Palladino, subject: Revised Response to l
1 Congressman Panetta (CR-84-43 Diablo Canyon). (3 pages) 43, 6/19/84 Memo to Dircks from Palladino, subject: Response to 2/8 LtrreDiabloCanyon.(4pages)
)
44, 6/29/84 Memo from Palladino to W. J. Dircks, subject: ACRS Review of Diablo Canyon SSER. (1 page)
- 45. 8/24/84 Memo to Plaine from Palladino, subject: DiabloCanyon.(2 pages) j 46.
10/9/84 Memo to J. K. Asselstine from Palladino, subject: Concur l
with F. Bernthal's suggestion re 9/1/84 ltr from Richard Parks re Diablo Canyon. (1 page) 47.
10/9/84 Memo to J. K. Asselstine from Palladino, subject: Diablo Canyon.(1page)
.1 j
48, 10/11/84 Memo to Plaine from Palladino, subject: Review of j
Transcripts of Meetings on Diablo Canyon. (1 page)
)
)
49.
11/2/84 Memo to Briggs from Palladino subject: NRC Brief in i
Diablo Canyon Case. (2 pages) 50.
11/8/85 Memo to Cars from Palladino, subject: Ressonse to Rep Markey's Ltr re Earthquake and Emergency planning at j
DiabloCanyon(CR-85-74A).
1
i Re: FOIA-87-444 APPENDIX E (Continued)
DOCUMENTS BEING WITHHELD IN TNTIR ENTIRETY PURSUANT TO EXEMPTION 5 The following records are located in former Commissioner Ahearne's files:
- 51. 6/5/80 Memo to SECY from Ahearne, subject: SECY-A-80-57AL Diablo Canyon - Release of Physical Security Plan to Intervenors.
(1page)
- 52. 3/9/81 Memo to the Chairman and Comissioners from Ahearne, subject: SECY-81-115A - Diablo Canyon Prehearing Conference Order. (3 pages) 53, 3/24/81 Memo to Chairman and Comissioners from Ahearne, subject:
RevisedDiabloCanyonOrder(SECY-81-115A).(2pages) 54 3/30/81 Memo from V. Harding to Comissionars' Assistants, subject: Revised Diablo Canyon Order - March 28, OGC Version (See SECY-81-115A). (2 pages)
- 55. 8/6/81 Memo from Ahearne to OGC, subject: Diablo Canyon low power contentions.
(2 pages) 56.
9/1/81 Memo from Ahearne to Comission, subject: Contentions not admittedinDiabloCanyonlowpowerproceeding(CONVG-81-6).
(10pages),
- 57. 9/4/81 Memo from Ahearne to Chairman Palladino, subject: Diablo Canyon low-power decision. (1 page) 58.
9/14/81 Memo from Ahearne to OPE, subject: Seismic consultant far Diablo Canyon. (1 page) 59, 11/12/81 Memo from Ahearne to OPE, subject: Diablo Canyon proceeding. (1 page) 60.
12/23/81 Memo from V. Harding to T. Rothschild, subject: Newmark issue in Diablo Canyon. (1 page)
- 61. 2/8/82 Memo from Ahearne to Comission, subject: Diablo Canyon notice of violation. (4 pages)
- 62. 4/30/82 Ahearne's coments on a/22/82 memo from Bickwit to Comission, subject: Diablo Canyon physical security.
(2pages) 63.
7/13/82 Memo from Ahearne to Comis: ion, subject: Diablo Canyon Phase II. (1 page) i
Re: F0!A-87-444 APPENDIX F DOCUMENTS BEING WITHHELD IN PART 1.
8/27/81 Memo from Gilinsky to Comission, subject: Diablo Canyon power decision (3 pages), Exemption 5, entirety, with attachments: SECY-81-115, dated 2/23/81, portions withheld, Exemption 5; SECY-81-115A, dated 3/6/81 Exemption 5, entirety; SECY-81-329, dated 5/27/81 Exemption 5, with attachment: Order CLI-81-5, released.
2.
10/19/83 Memo from Gilinsky to Comissioners, subject: Diablo Canyon "TAV-Effect". (3 pages) Exemption 5; with attachments:
Letters to Byron Georgiou and Lawrence Lanpher with views of individual Comissioners re: decision of Comission review of ALAB-644 (in PDR Accession Nos. 8203230111, and 8203230121).
3.
11/13/81 Memo to Comissioners from Palladino, subject: Diablo Canyon (1 page) release; with attached Approach for the
^
Independent Reverification of the Diablo Canyon Design (1 page) withheld, Exemption 5.
4, 7/31/84 Memo from Palladino to Comission, subject: Diablo Canyon (1 page) withheld, Exemption 5; with attachment: Letter from Representatives Patterson and Panetta. Released.
1 5.
10/5/84 Memo from Palladino to Comission, subject:
3 Telecon-Congressman Markey (2 pages), withheld, Exemption 5, with attachment: 9/17/84 letter from Rep. Markey and 9/21/84 response (2 pages) Released.
6.
11/12/81 Memo from Palladino to Remick, subject: OPE Analysis of Diablo Canyon Seismic Issues (1 page) release, handwritten notes of P. Bradford's being withheld, Exmeption 5.
7.
1/28/81 Memo from Ahearne to L. Bickwit, subject: Diablo Canyon Scheduling Estimates (1 page), withheld Exemption 5, with attachment: 1/23/81 memo from Denton to Ahcarne. (3 pages), released.
8.
2/19/81 Memo from Ahearne to Chilk, subject: SECY-81-76: Diablo Canyon (1page) released,attacheddraftadditionalviews being withheld, Exemption 5. (1 page) 9.
4/20/82 Memo from Ahearne to SECY, subject: Diablo Canyon Physical Security (Order (1 page) released, attached draft additional views 1 page) withheld, Exemption 5.
4 i
J
SHAw, PITTMAN, PoTTs & TROWBRIDGE
...........m~....,c...co.
2300 *e St at.t. N. w.
w.swisectON, O C. 20C37 Worm 2*ooo
,,........s....
- c r
.: r.:'
r::a,.:urt*.
~.-a n:'e::.:.r.wi.
- 7. = : n =.
7.';l,;"4
.'o
- r; m
- ..e :*::: n trit u :.
-~=
r-
- ct::.....
L'e :..'::::.1..
' "L'. *.' "
- T:::::==:1..
- 8:: Tica*a*.i '
- r. '.:Ar. c
- r::.vir.e "
. t, t O... L
- ro::P::::
- "'::a: P "
a... v.
u~
a**tt'fal'...
T'.*0s.'.ct'*S.
M'
' 'a t".'.'!.
t'::.'t't rat:*.c n' ?."
,. a. o....
f' 2 7 : 1 3 n '. P C".:.'t"7 otto..
"*) 822 8 '** * **2 "
- ~ :,*?a.' ra,'h * '
M;.?nl r.'o'i'
,.aTes.a f '.:itt*:!O"a*.S.*!
'2 t'f = ?.**
" aus a..
6.. es
- J* :
- T;."e".*
- *ff!".ta".;.'."
t<'.'7 "': "s": * ' '* *
- !".i'"?.'r,'"
O....n :.'.'".J '. * !.(
t.*:'.i'.*a.'o'..,.
M
.o....
.s a.
I..::30".' ". ~;t.
(202) 663-8127 July 10, 1987 FREEDOM OF INFORMATION Director, office of Administration
[ ACT REQUEST U.S, Nuclear Regulatory Commission 0**gg.g Washington, D.C.
20555
'd 7- /3 -f 7 Re Freedom of Information Act Request Gentlemen:
This is a follow-up to my Freedom of Information Act request dated March 27, 1987, to which you assigned FOIA No.87-174.
A copy of my request and your response (dated May 19, 1987) are I
attached for your reference.
In the course of discussions with Linda Robinson, I agreed to narrow and refine the scope of my request to facilitate the NRC's search for records.
The NRC's response (page 3) identifies "30 boxes" of former NRC Commissioners' files, which are ' indexed by date and subject."
I request that you provide me with copies of all documents in those 30 boxes that from the index listing or otherwise can be readily identified as relating specifically to Diablo Canyon Nuclear Power Plant, Units 1 and/or 2.
I also request a copy of the index for the 30 boxes.
I I hereby commit to pay the costs of processing this request up to $1,000.00.
If the costs are estimated to exceed that amount, please contact me in advance of expending any funds.
I o, q tni >^>
1 ~
1g
,.mi.> v i or
SHAW PITTM AN, PoTTs & TRowsRicot
. m c..-..
ewo.
on..
. co.......
Director, office of Administration July 10, 1987 Page 2 After further consideration, I may have additional refinements of the original request.
I would ask, however, that you begin now to process the request with respect to the 30 boxes l
of Commissioners' files described above.
Please call me if there are any questions.
Sincerely, J nmes B. Hamlin JBHaaf Attachments 1
1
SHAW. P!TTMAN. PoTTs & TROWBRIDGE
............ uo m..
6.. -,.
3300.e ST.s tT. M. w.
..SMih0 TON. O. C. 20037 uen ar o*
- '::::,*.".wif.
- e '.n:::rd
- : n m.
s
- ~.:;,y ; -
u:::=t:
2.::::; :
- r. :t...
- trt:1.*i.
'::: crat...
c:::
- .m:.:'.a
;;;., ~""*
- re = :t... %:::; ;.:'t.*.T *
- n: u :w. *'
- e.. -. a
- '.:;.w.:'.'t!.
- n'.:'a. v t e ' '
. 7,0*- *.7'"..*Tl?,
- .. ;. T
- .a.:e.. t.::.... :=t.*eamt'e t'a n.**
=.=.: *..
- 'ca-:3.: :.
=. = =......,. s....n
- = * =: 45 c :.s t 7.: L.
r::.~.a.::::.:*
- :: s u s "
- ,;-;;t'.' x.i'it'
- '.'t.':::-'
.. e...'i.'2^.*d'....i
- rc
- t.
- t e.t.tv/.?
1.WY s*3 "' * * *
- i* :."d*.'.*
r..;:.:.:.:.:.?.;:.t.!
t.e..1.:.:.,'t....
....c,..
6.w....
- **"':'.r't?
(202) 663-8127
- -m a - ~ --
March 27, 1987 Director, Office of Administration U.S. Nucl. ear Regulatory Commission Washington, D.C.
20555 Re:
Freedom of Information Act Request Gentlemen:
Pursuant to 5 U.S.C. S 552 and 10 C.F.R. Part 9, I hereby request copies of all records relating in any way to Diablo Can-yon Nuclear Power Plant, Units 1 and/or 2, that were created at any time f rom January 1,1966 through March 31, 1986.
As used in this request, the term "record
- has the meaning specified in 10 C.F.R. S 9.3a.
In processing this request, please search all files of the Nuclear Regulatory Commission and the Atomic Energy Commission that n.ay contain records responsive to the request.
The search should cover all files including, but not limited to, those of the Advisory Committee on Reactor Safeguards, Region V, all Diablo Canyon project managers, all AEC and NRC Commission-ers, the Office of Congressional Affairs, Isa Yin, and Thomas Bishop.
1 I am aware that the following Freedom of Information Act re-quests relating to Diablo Canyon have already been made:
4 I
i i
l 4Noi 3GFFY Sn.
J
SH Aw, PITTM AN, POTT 5 & TRowenicot
. ~ -..... ua. n. e, c e. %... e.
I Director, office of Administration March 27, 1987 1
Page 2 FOIA Docket No.
Requester 76-411 Rushforth 79-464 Fleischaker 80-10 Fleischaker 80-43 Veron 80-222 Varor.80-269 Johnston 80-383 Eissler 80-588 McCarthy 80-600 Brown 81-72 Jordan-81-84 Hanback 81-406 Schweigert 82-151 Kronzek 82-160 Fleischaker 82-286 Eissler 83-130 Reynolds83-267 Reynolds j
83-483 Calsoyas j
83-599 Calsoyas 84-73 Reynolds84-208 Bell i
84-247 Calsoyas84-259 Pedro i
84-269 Calsoyas84-289 Buckles84-400 Williams84-470 Bell 84-740 Devine/Dixon 04-741 Devine 84-742 Devine 84-745 Devine I
84-795 Bell 84-809 nell 84-814 Bell 84-925 Bell 85-81 Devine 85-240 Freire i
85-354, 355,356 Devine 85-690 Holmes l
85-691 Holmes l
85-770 Devine 86-29 Manning 86-106 Hanauer l
66-141 Holmes86-142 Holmes86-143 Holmes i
SH AW, PITTM AN. POTTs & TROWBRIDGE
..,... x.m., c i o -e., c c..e..,e.
Director, office of Administration March 27, 1987 Page 3 i
86-144 Holmes86-146 Holmes86-147 Holmes l
86-148 Holmes86-173 Harding 86-371 Hough 86-391 Hough 86-412 Hough 86-489 Hale 86-585 Sholly i
86-652 Individual 86-679 Bishop 86-699 Dickey To the extent records have been made available in response to the above requests, they need not be produced again and should be treated as outside the scope of this request.
In addition, all records that are already on file in the NRC Public Document Room in Washington, D.C. should likewise be considered outside the scope of this request.
j I hereby commit to pay the costs of processing this request up to $5,000.00.
If the costs are estimated to exceed that amount, please contact me in advance of expending any funds.
It is important that this request be processed promptly.
To that end, I would be pleased to work closely with you to clarify and prioritize the request, or to take other steps that my facil-itate the handling of this request.
Please call me if you have any questions.
l
{
Sincerely yo~urs, l
i
\\
J es B. Hamlin JBHaaf bect B.W. Churchill J.
Loring P.W. Hanschen D.G. Lubbock C. Killefer A.B. Norton R.F.
Locke M.F. Travieso-Diaz l
l i
i
1 l
8p ase o
UNITED STATES g
NUCLEAR REGULATORY COMMISSION e
y I
wmuwoTow,o.c. cess May 19, 1987 James B. Hamlin, Esquire Shaw, Pittman, Potts & Trowbridge 2300 N Street, NW.
IN RESPONSE REFER Washington, DC 20037 TO F01A-87-174
Dear Mr. Hamlin:
This is in response to your letter dated March 27, 1987, in which you requested, pursuant to the Freedom of Information Act (FOIA), "copies of all records relating in any way to Diablo Canyon Nuclear Power Plant, Units 1 and/or 2 that were created at any time from January 1,1966 through March 31, 1986." You expressed an interest in a search of all Nuclear Regulatory Commission (NRC) and Atomic Energy Comission (AEC) files that may contain responsive records, excluding records already publicly available at the NRC's Public Document Room (PDR).
After careful consideration, we have determined that your request does not "reasonably describe" the records sought, but rather is a broad, sweeping, indiscriminate request for production, lacking reasonable specificity.
requirerents of 5 U.S.C. 552(quest fails to meet the threshold As such, the re a)(3).
The NRC headquarters offices are not consolidated in a single location; staff rembers are presently housed in rented spaces in seven separate buildings in various locations, in addition, the NRC maintains regional offices and onsite Resident inspector offices.
There is no "master file" containing all records that the NRC has directly pertaining to a particular power plant.
In each of the various of fices, records r.ay be filea by a number of subjects, instead of or in addition to plant names, according to activities and functions of particular offices, such as reviews of generic issues, evaluations related to construction of plants and iicensing activities, inspections, and investigations, it is reasonable to assume the files located throughout various Offices and Divisions of the NRC contain records that might fall within the scope of your request for records "relating in any way to Diablo Canyon....
We could not, however, short of examining every file possessed by the NRC, state with any degree of confidence that all records that directly pertain to Diablo Canyon have been located and could not, even after examining every file, be confident that we could identify every record which you might construe as "relating in any way to Diablo Canyon...."
Mr. James B. Hamlin,
The House Report on the 1974 amendments to the F01A provides that:
)
i "A ' description' of a requested document would be sufficient if it enabled a professional employee of the agency who was familiar with the subject area of the request to locate the record with a reasonable amount of effort."
(H. Rpt.93-876 at 5-6.)
l As indicateo above, much more than a reasonable amount of effort would be required to attempt to comply with your request.
Likewise, the Senate Report indicates that the 1974 amendments to the FOIA were not intended "to authorize broad categorical requests where it (See Irons v. Schuyler, 465 F.2d 608 (y to determine what is sougs.DC Cir. 1972 is impossible for the agency reasonabl at 10.)
I In view of the scope and nature of your request, the documentar material being sought, and the considerations expressed above, ywe conclude that your request does not meet the requirements of 5 U.S.C.
552(a)(3). Accordingly, no further action will be taken with respect to your present request.
If you consider this response to be a denial of your request, you may appeal this detennination within 30 days to the Executive Director for Operations. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations U.S.
huclear Regulatory Comission Washington, DC 20555, and should c learly state on the envelope and in the letter that it is an "Appeal from an Initial F01A Decision."
We are previoing the followirg infonnation concerning persons and I
offices specified in your letter in an effort to assist you in redefining a new request so that the NRC may, with a reasonable amount of effort.
l locate records on the specific subject (s) in which you are interested.
We are enclosing a list of FOIA requests pertaining to the Diablo Canyon plant which were not included in your letter. Our responses to these requests are maintained in the POR. With regard to these previous
]
related FOIA requests, please note that NRC project managers transfer their files to new project managers.
Therefore, existing project manager 4
files on the Diablo Canyon plant are subject to previous requests F0!A-86-151 and F01A-86-197. Also, Mr. Yin's existing records were incorporated with additional records on the Diablo Canyon plant into i
files which are subject to pending request FOIA-84-21. Mr. Bishop is ao I
longer working for the NRC; his existing files were incorporated into regional files. Such files, as noted above, are generally organized by l
subjects.
1 i
Mr. James B. Hamlin I have been informed by the staff that the NRC does not maintain files of former AEC Comissioners but that some then-existing files of AEC Comissioners may have been transferred from AEC to the Department of i
Energy (DOE), a successor organization of the AEC. You may wish to submit an FOIA request to the DOE official whose name and address are provided below.
John H. Carter Department of Energy Chief F01/PA Division of Reference & Information 1000 Independence Avenue, SW.,
Washington, DC 20585 With regard to former NRC Comissioners' files, I have been informed that the NRC maintains only incomplete files, only chronological files rather than subject files, for only a few former Cocaissioners.
There are approximately 30 boxes of such records, which are indexed by date and subject.
If you have any questions regarding this response to your FOIA request, you may telephone Ms. Linda Robinson at 492-8133.
Sincerely, Al pw Donnie H. Grimsley, Director Division of Rules and Records Office of Administration and Resources Management
Enclosure:
As stated
Re: FOIA-87-174 I
FO!A REQUESTS PERTAINING TO DIABLO CANYON j
F0!A-81-15 F01A-81-249 F01A-81-342 FOIA-81-431 F01A-81-435 FOIA-81-482 FOIA-81-517 F0!A-82-051 FOIA-82-159 F01A-82-503 j
F01A-84 21 FOIA-84-247 F01A-84-643 F01A-86-50 FOIA-86-123 F01A-86-151 F0!A-80-197 1
I i
l
.