ML20154B903

Further Response to FOIA Request for Access to NRC Records Re Qualification Cards of Operators.Portions of App B Documents Forwarded & Available in Pdr.App C Documents Withheld (Ref FOIA Exemptions 5 & 6)

ML20154B903
Person / Time
Site:	Grand Gulf
Issue date:	12/24/1985
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Reber P WASHINGTON DOCUMENT SERVICE
Shared Package
ML20154B909	List: ML20154B903 ML20154B938 ML20154B943 ML20154B951 ML20154B955 ML20154B970
References
FOIA-85-419 NUDOCS 8603040489
Download: ML20154B903 (4)

Text

1. 'o UNITED STATES n N

8 NUCLEAR REGULATORY COMMISSION I g p WASHINGTON, D. C. 20555

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Mr. Paul C. Reber Washington Document Service 918 - 16th Street, Suite 400 IN RESPONSE REFER Washington, DC 20006 TO F01A-85-419

Dear Mr. Reber:

This is in further response to you'r letter dated' June 12, 1985,'in which you requested, pursuant to the Freedom of Information Act (F0IA), access 'to NRC records relating to " qualification cards" of operators.

Portions of documents listed at numbers 4 through 14 on the enclosed Appendix B are being placed in the PDR. We have deleted the names of individuals the disclosure of which would constitute a clearly ur.aranted invasion of personal privacy. The deleted portions of the documents are being withheld from public disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C.

552(b)(6)) and 10 CFR 9.5(a)(6) of the Commission's regulations.

The documents listed on the enclosed Appendix C are being withheld in their entirety. Document 1 contains the predecisional legal analyses, opinions, and recommendations between the Office of the General Counsel and the Commissioners and pertains to a proposed civil penalty action for Mississippi Power and Light Company regarding the Office of Investigations' investigation into alleged falsification of reactor operator license applications at Grand Gulf. Document 2 contains the predecisional analyses,-

opinions, and recommendations of the Office of the General Counsel for the Commissiont ~ ' consideration of the Office of Inspector and Auditor's report on Region II's handling of falsification of operator qualifications. These documents reflect the predecisional process between the Office of the General Counsel and the Commissioners. Both documents are exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA (5.U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(L) of the Commission's regulatioris. Pelease of these documents would tend to inhibit the open and frank exchanqv ii ideas essential to the deliberative process. These documents do not c6ntain any reasonably segregable factual portions.

Pursuant to 10 CFR 9.9 and 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial of portions of the documents listed on Appendix B are tne undersigned and Mr. J. Nelson Grace, Regional Administrator, Region II. The person responsible for the denial of the documents listed on Appendix C is Mr. James A. Fitzgerald, Assistant General Counsel of the Commission.

8603040489 G51224 PDR FOIA REBER85-419 PDR

Mr. Paul C. Reber The denials by Mr. J. Nelson Grace and myself may be appealed to the Executive Director for Oper'ations within 30 days from the receipt of this letter. Any such appeal must be.in writ,ing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Conrission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision." The denial by Mr. James A. Fitzgerald may be appealed wichin 30 days to the Secretary of the Commission and should be addressed to the Secretary of the Commission.

! Additional records subject to your request are being reviewed, and we will contact you further conce:ising their disposition.

Sincerely, f

MM '

Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosures:

As stated O

l. .$

I Re: F0IA-85-419 APPENDIX B (CONTINUED)

4. 05/04/83 Plant Quality Deficiency Report No. 4-83. (6 pages) s

5. 08/24/83 Plant Quality Deficiency Report No. 6-83. (4 pages)

6. 08/25/83 Plant Quality Deficiency Report No. 5-83. (7 pages)

7. 10/83 Letter from MP&L to O'Reilly. (67 pages)

8. 10/.14/83 Audit Checklist No. 83-0161-01. (28 pages)

9. 11/02/83 Monitoring Audit Report No. 83/0133. (4 pages)

10. 01/84 Letter from McGaughy to O'Reilly. (2 pages)

11. 02/15/84- Corrective Action Request No. 2053. (8 pages)

12. 02/29/84 Letter from O'Reilly to Richard (Confirmation of Action).

(2pages)

13. 03/28/84 Division of Engineering)and Item No. 534. (4 pages Operational Programs Action

14. Undated Worksheet Listing Operators and Training. (1 page)

I

_ _ _ r

.e Re: F0lA-85-419

~

APPENDIX C

1. 07/19/84 SECY-84-209A, Memorandum to Commission from J. Fitzgerald, Assistant General Counsel,

Subject:

Grand Gulf Civil

~

Penalty Package (SECY-84-209A). (5 pages)

2. 03/15/85 SECY-85-93, Memorandum to the Consnissioners from H. Plaine, General Counsel,

Subject:

Conclusions of OIA Report on Region II's Handling of Grand Gulf Falsification of Operator Qualifications in Response to Congressman Markey's Questions.

(4 pages) 9