ML20196G260

Second Partial Response to FOIA Request for Documents. Records in App D Encl & Will Be Available in Pdr.App E Records Completely Withheld (Ref FOIA Exemption 5)

ML20196G260
Person / Time
Site:	070*****, 07001393
Issue date:	05/12/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Williams O JRA ASSOCIATES
Shared Package
ML18041A298	List: ML20196G260 ML20196G265 ML20196G350 ML20196G366
References
FOIA-97-99 NUDOCS 9705150367
Download: ML20196G260 (4)

Text

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l U.S. NUCLEAR REGULATORY COMMISSION NRC FOIA REQUEET NUMBERtS)

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>INFORMATION ACT (FOIA) REQUEST I FINAL o^'E d PARTIAL y

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DOCKET NUMBE RtS) (It apphcablet REQUESTE R l Ophelia G. Williams l

- PART 1,-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboaes)

No agency records subject to the request have been located.

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

Requestad records are available through another pubhc distribution progr am. 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 t NRC Public Document Roorn,2120 L Street, N.W., Washington, DC.

j XX Agency records subject to the request that are identified in Appendix (es) D Tre being made available for public inspection and copying i

at ths NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a foider under this FOIA number, 1

i The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available l

for public inspection and copying at the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC, in a folder under this Fol A number.

Agency records subject to the request that are identified in Appendixfas) may be inspected and copied at the N RC Local Public Document Room identif;ed in the Comments section.

ll Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street,

!! N.W., Washington, DC.

XX Agency records subject to the request are enclosed. Appendi x D documents are encl osed .

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

l Fees l

l You will be billed by the NRC for fees totaling $ _

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

in view of NRC's response to this request, no further action is being taken on appeal letter dated , N o.

I PART 11. A-INFORMATION WITHHELD F ROM PUBLIC DISCLOSURE Certain information in the requened records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated f 1

, XX in Part 11,8, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public I inspsetion and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number,  !

, COMME NTS 1

The review of records subject to your recuest is continuing. We will contact you upon completion of the review.

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- IQ URE, DIRECTO ' V SIOR FREED F INFORMATION ANO PUBUCATIONS SERVICES

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FotA teUMBER($1 DATE t[ - hf:.; ONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 0099 WY 12 m (CONTINUATION)

PART li.B- APPLICABLE EXEMPTIONS I

Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety 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 regu(ations. j

1. The withheld information is properly classified pursuant to Executive Order. (Exemption 1) 2r The withheld mformahon relates solely to the mternal personnel ruka and prucedures of NRC. (Exemption 2) l

3. The withheld information is specifscally exempted from public disclosure by statute indicated. (Exemptior 3)

Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restricted Data (42 U.S.C. 21612105). l 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 trade secret or commetcial or financial mformation that is bemg withheld for the reason (s) indicated. (Exemption 4)

The mformation is considered to be confidential busmess (propnetaryl mformation. l l

The information se considered to be propnetary mformation pursuant to 10 CFR 2.790 ldh 1). I The mformation was submitted and received m confidence pursuant to 10 CFR 2 790 ldh 2) l X)( 5. ThJ withheld mformation consists of nteragency or mtraagency records tnat are not availabii "irough discove<v durme litigation (Exemption 5). Applicable Privilege:

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

Where records are withheld in their entirety. the f acts are inestricably intertwined with the predecisional mf ormation There also are no reasonably segregable f actual

] portions because the release of the f acts would permet an Indirect mouiry mio the predecisional process of the agency Attorney work-product pnvilege (Documents prepared by an attorney in contemplation of btigation i Attorney chent privilege. (Confidential communications between an attorney and his/her chant.)

6. The withheld information is exempted from pubhc disclosure because its disclosure would resdt m a "aarly unwarranted myasion of personal pnvacy (Exemption 6)

7. The withheld information consists of records Compiled for law enforcement purposes and is being withheld for the reasonis) mrbcated. (Exemption 7)

I Disclosura could reasonably be expected to interfere with an enforcement pioceeding because it couid revEsithe' 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 j from investigators. (Ememption 7 (AH Disclosure would constitute an unwarranted envasion of persona # privscy. (Exemption 7(Cl) 1

_ - 1 The mformation consists of names of individuals and other mformation the disclosure of which could reasonably be esoetted to reveal identities of confidential sources. (Exemption 7 (01)

OTHER PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25(b) and at 9 25(c) of the U.S. Nuclear Regulatory Commess.on regulations. .t has been determmed that the informaDon withheld is exempt from pro.

duction or disclosure. and that its production or disclosure is contrary to the pubhc mterest. The persons responsible for the denial are those offmials identified below as denymg officials and the Director, Division of Freedom of Information and Pubhcations Services. Office of Administration. for any demals that may be epoested to the Executive Director for Operations (EDOI.

DENytNG OFFICIAL TITLE! OFFICE RECORDS DENIED APPELLATE OFFICIAL EDo SECRETARY C Samuel J. Collins Director. NRR Appendix E XX PART li. D- APPEAL RIGHTS i The denial by each denying official identified in Part ll.C may be appesied to the Appellate Official identified there. Any such appeal must be made in writmg within 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the E xecutive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Regulatory Commission, Washington, DC 20555 and should clearly state on the envelope and in the letter that it is an " Appeal from an initial FOI A Decision."

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

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'8 Re: FOIA-97-9999 APPENDIX D DOCUMENTS BEING RELEASED IN THEIR ENTIRETY NUMBER DATE DESCRIPTION

1. 8/23/73 Letter from L. C. Rouse to W. J. Lippold regarding amendment to SNM License No. SNM-1364. (3 pages)

2. 5/18/76 Letter from J. C. Delaney to Calvert Cliffs Nuclear Power Plant enclosing NRC Materials License No. Snm-1624. (4 pages)

3. 12/20/96 Letter from L. Doerflein to Charles Cruse, subjects anC Region I Integrated Inspection Report Nos. 50-317/96-08 and 50-318/96-08 and  ;

Notice of Violation. (19 pages) j

4. 1/20/97 Letter from C. H. Cruse to USNRC regarding reply to Hotice of Violation. (4 pages)

5. various Federal Register Notices from 1973 through 1988 of 10 CFR Part 70. (11 pages) l I

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t Re: FOIA-97-0099 APPENDIX E RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS ]

1. 01/07/97 E-mail from G. Holahan to B. Sheron, A.

Thadani, R. Zimmerman, NRR,

Subject:

70.24 (1 page) l

2. 01/22/97 E-mail from L. Kopp to Jim Stone, NRR, l

Subject:

70.24 Exemption (1 page)

3. Undated Draft letter tc N. Carns, Wolf Creek Nuclear Operating Corp. from J. Stone, j NRR, Re: Proposed approval of Wolf '

Creek request (14 pages) CQuestion 13 of request.)

4. Undated Draft of the proposed revisions to the exemption. This version is the clean ]

version of Item No. 3 above (7 pages) l

5. Undated Draft of the proposed revisions to the exemption with redline / strikeout used to denote changen (8 pages) CQuestion 133

6. Undated Draft proposed memo from F. Miraglia, 1 NRR, to H. Thompson, EDO,

Subject:

Exemption to 10 CFR 70.24, Criticality Accident Requirements - Wolf Creek Generating Station w/ Attachment (7 pages) (Question 133

7. Undated This two-paragraph " Insert" was prepared as an insert into the memo noted in Item No. 6 above (1 page) (Question 131

8. Undated " Response to Question About Changes in the Exemption as a Result of an Increase in Fuel Enrichment" was written in response to a question from management.

(2 pages) (Question 133

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' Related Case:

J/R/A ASSOCIATES '

i Regulatory Information & Support Systems P.O. Box 4604 i Capitol Hei 5hts, MD 20791-4604 4

k (301) 249- % 72 4

1 February 28,1997 OGW-97-060 t

Mr. Russeli A. Powell, Chief i

Freedom of Informatioq/ Local Public Document l Room Branch ,

j ly/S T6D8 U.S. NUCLEAR REGULATORY COMMISSION i Washington, DC 20555 j

SUBJECT:

FREEDOM OF INFORMATION ACT REQUEST i

Dear Mr. Powell:

Pursuant to the Freedom of Information Act ,5 USC Paragraph 552, and to the Nuclear Regulatory Commission's (NRC) regulations, please provide all documentation RELATED TO the following:

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1. Letter from Robert A. Hermann, NRC Acting Assistant Director for Pmjects, TVA 1 Projects Division, Office of Special Projects, dated May 11,1988 to Mr. S.A. White, Manager of Nuclear Power, Tennessee Valley Authority, Chattanooga, TN;

Subject:

Criticality Monitoring (TAC 0021$00215/00216), including any subsequent NRC l reassessments of the position (s) provided in this letter.

2. Letter from P.M. Beard, Jr., Senior Vice President, Nuclear Operations, Florida Power Corporation, Crystal River Unit 3, dated May 3,1996 to the U.S. NRC, Atta:

Document Control Desk, Washington, D.C., including any NRC documents surveying, assessing, or evaluating the information contained in this letter to the NRC, and the NRC response to this letter.

3. Letter to Mr. Charles H. Cruse, Vice President - Nuclear Energy, Baltimore Gas and Electric Company, Calvert Cliffs Nuclear Power Plant, Lusby, MD,

Subject:

j NRC ReSi on I Integrated Inspection Report Nos. 50-317/9608 and 50 31$96 08 and Notice of Violation, dated December 20,1996 from Lawrence T. Doerflein, Chief Projects Branch i, D<ivision of Reactor Pmjects,' NRC, including any NRC documents surveying, assessing, or evaluating the Notice of Violation regarding Part 70.24(a) of

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i l Mr. Powell Page 2 Title 10 of the Code of Federal Regulations contained within this letter.

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- 4. NRC directive (s) on inspecting and/or assessing compliance with 10CFR 70.24 by j holders of operating licenses for nuclear power reactors, including any NRC documents providing directions or instructions for surveying, assessing, or j li evaluatin5 censee compliance with 10CFR 70.24.

t l S. NRC Technical Assignment Control forms concerning compliance with 10CFR 2

70.24.

i l 6. NRC Task Interface Agreement (s) memoranda concerning compliance with 10CFR

! 70.24, including any NRC documents reviewed or prepared in providing the requested information.

7. Letter to Mr. M.S. Tuckman, Senior Vice President, Nuclear Generation, Duke Power Company, Charlotte, NC, dated February 13,1997 from Peter S. Tam, Senior Project Manager, Project Directorate II-2, Division of Reactor Projects-1/II, Office of Nuclear Reactor Regulation,

Subject:

Catawba, McGuire, and Oconee Nuclear Stations - Request for Exemption from the Requirements of 10CFR 70.24 (TAC Nos.

M98761, M97682, M%783, M%784, M%785, M%786, and M%787), and Duke Power letter dated February 4,1997 requestin5 these exemptions.

8. NRC Inspection Report No. 96 03 for the Joseph M. Farley Plant containing Notice of Violation of Part 70.24(a), and any NRC documents surveying, assessing, or 1 evaluating the licensees compliance with 10CFR 70.24, including Task Interface j l

Agreement (s) memoranda or Technical Assignment Control forms. 1 l

9. Joseph M. Farley Plant response to the Notice of Violation to Part 70.24(a) contained in NRC Inspection Report 96-03, dated June 13,1996, including any NRC l documents surveying, assessin5, or evaluating the licensee's position.

10. Letter to Mr. D.M. Morey, Vice President - Farley Project, Southern Nuclear Operating Company, Birmingham, AL, dated July 31,1996, from byron L. Siegel, l l

Senior Project Manager, Project Directorate II-2, Division of Reactor Projects (/II, NRC Office of Nuclear Reactor Regulation,

Subject:

Request for Exemption from 10CFR 70."4 Criticality Monitoring Requirements - Joseph N. Farley Nuclear Plant,  ;

Units 1 and 2 (TAC Nos. M954% and M95497), and the Southern Nuclear Operating Company letter, dated May 31,1996 requesting this exemption.

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1 Mr. Powell Page 3 ,

'11. Letter to Mr. J.T. Beckham, Jr., Vice President - Hatch Project, Georgia Power Company, Birmingham, AL, dated July 31,1996 from Kahtan N. Jabbour, Senior

. Project Manager, Project Directorate II-2, Division of Reactor Projects I/II, NRC Office of Nuclear Reactor Regulation,

Subject:

Request for Exemption from 10CFR 70.24 Criticality Monitoring Requirements - Edwin L Hatch Nuclear Plant, Units 1 l

and 2 (TAC Nos. M95725 and M95726), and the Georgia Power Company letter, dated June 4,1996 requesting this exemption. )

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12. Letter to U.S. Nuclear Regulatory Commission, Document Control Desk, Washington, D.C., dated January 30,1997 from John K. Wood, Vice President -

Nuclear, Davis - Besse,

Subject:

Request for Exemption from 10CFR 70.24(a),

- " Criticality Accident Requirements," and the NRC response to this letter.

13. Letter to U.S. Nuclear Regulatory Commission, ATrN: Document Control Desk, ,

l Washington, D.C., dated September 19,1995 from Robert C. Hagan, Vice President -

, Engineerin5, Wolf Creek Nuclear Operating Corporation,

Subject:

Docket No. 50- l

, 482: Revision to Request for Exemption from 10CFR 70.24 Criticality Monitoring l I

Requirements, and the NRC response to this letter.

14.NRC surveys, assessments, or evaluations of the reason why "... with the issuance of the Part 50 license this exemption ... was inadvertently omitted in that license" i

[see NRC letter, dated July 9,1996 to the Hatch Plant pmviding the Environmental  !

Assessment of Request for Exemption from 10CFR 70.24 Criticality Monitoring Requirements], when the exemptions to 10CFR 70.24 were approved by the NRC for the plants' desi5n in the Construction Permit-stage Special Nuclear Material Licenses (SNM) for the Farley Plant (SNM-1647 and 1868), Hatch Plant (SNM-1378 and 1772), Davis-Bessa Plant (SNM-1601), Calvert Cliffs Plant (SNM-1364 rud 1624),

Wolf Creek Plant (SNM-1929), Crystal River Plant (SNM-1275), and other plants.

I would appreciate your pmmpt response within ten working days of the receipt of this request, as provided by the Code and NitC's policies. I agree to pay such fees as required under 10CFR Paragraph *.3S et sea. without further authorization, however, please callif the fees exceed $100.00. \

Please call if you have questions. 'Ihank you for your services.'

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helia W na m a

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