ML20198B504

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Partial Response to FOIA Request for Secys 85-306A & B & Related Documents.App a Documents Available in Pdr.App B Documents Partially Withheld & App C Documents Entirely Withheld (Ref FOIA Exemption 5)
ML20198B504
Person / Time
Site: Millstone, Harris, Brunswick, Robinson, 05000000
Issue date: 04/21/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Philips M
BISHOP, COOK, PURCELL & REYNOLDS
Shared Package
ML20198B510 List:
References
FOIA-86-194, REF-10CFR9.7 NUDOCS 8605220024
Download: ML20198B504 (6)


Text

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UNITED STATES y

NUCLEAR REGULATORY COMMISSION g

j WASHING (ON, D. C. 20555 e

APR 21 EMi Mr. Malcolm H. Philips, Jr.

Bishop, Liberman, Cook, Purcell & Reynolds 1200 Seventeenth Street, NW IN RESPONSE REFER Washington, DC 20036 TO F0IA-86-194

Dear Mr. Philips:

This is in partial response to your letter dated March 17, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of SECY-85-306A, SECY-85-306B, and any documents related to those two staff papers.

The documents identified on enclosed Appendix A are being released at Comissioner Asselstine's discretion and are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-86-194 in your name.

Portions of the documents identified on enclosed Appendix B, and documents 1 through 25 identified on enclosed Appendix C contain the predecisional analyses, opinions, and recommendations of the Commissioners, and between the Commissioners and their staffs, on the implementation of Appendix R to 10 CFR Part 50. Documents 26 and 27 on Appendix C contain the predecisional legal advice, analyses, opinions and recommendations of the Office of the General Counsel (0GC) to the Commissioners on the implementation of Appendix R to 10 CFR Part 50. Because the documents reflect the predecisional process among the Commissioners, between the Commissioners and their staffs, and between OGC and the Commissioners, the documents are exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5), and the Commission's regulations at 10 CFR 9.5(a)(5).

Release of the infonnation would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The releasable portions of the documents on Appendix B are being placed in the PDR in file folder F01A-86-194 in your name. The documents on Appendix C contain no reasonably segergable factual portions and are being withheld in their entirety.

Pursuant to 10 CFR 9.15 of the Commission's regulations, it hr.s been determined that the information withheld is exempt from production or disclosure and that

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its production or disclosure is contrary to the public interest. The person responsible for the denial of the documents on Appendix B, and documents 1 through 25 on Appendix C is Mr. John C. Hoyle, Assistant Secretary of the Commission. The person responsible for the denial of documents 26 and 27 on Appendix C is Mr. James A. Fitzgerald, Assistant General Counsel.

8605220024 860421 PDR FOIA PHILIPS86-194 PDR

Mr. Philips This denial may be appealed to the Secretary of the Commission within 30 days j

from the receipt of this letter. Any sucn appeal must be in writing, addressed to the Secretary of the Commission, 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 F0IA Decision."

SECY-85-306A and SECY-85-306B were addressed in our response to a previous F0IA request, F01A-86-92, and were withheld in their entirety. A copy of our response to that F0IA request is available in the PDR in folder F01A-86-92 under the name Graber.

The search for and review of documents that are subject to your request are continuing. We will notify you upon completion of the search and review.

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

Enclosures:

As stated

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-I 4 APPENDIX A Documents Being Placed in the PDR i

3/19/86 memo from J.K. Asselstine to V. Stello, " Fire

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Protection Safety Evaluation Reports".

2/10/86 vote sheet of J.K. Asselstine on SECY-85-3068 j

2.

10/4/85 memo from J.K. Asselstine to S.J. Chilk, " October 3*

3, 1985 Commission Meeting on Appendix R".

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Undated notes of J.K. Asselstine pertaining' in general to Appendix R and are probably from Commission meeting on 4*

Appendix R

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RE: F0IA 86-194 APPENDIX B Documents Being Withheld in Part 1*

3/7/86 memo from S.J.

Chilk to V. Stello, Staff Require-ments - SECY-85-306/305B, Staff Recommendations Regarding the Implementation of Appendix R to 10 CFR 50,'"

2*

2/20/86 memo from J.K. Asselstine to V. Stello, "SECY-85-306 - Staff Recommendations Regarding the Implementation of Appendix R to 10 CFR 50,"

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APPENDIX C RE:

FOIA 86-194 Documents Being Withheld in Their Entirety 1.

3/6/86 unsigned handwritten note to Cmr. Technical Assistants re:

draf t Staff Requirements -

SECY-85-306/3068, " Staff Requirements Regarding the Implementation of Appendix R to 10 CFR 50" - 1 page.

2.

Various (7) undated, unsigned memos to V. Stello, draft Sta f f Requirements - SECY-85-306/306B, " Staff Requirements Regarding the Implementation of Appendix R to 10 CFR 50" -

2-3 pages each draft.

3.

3/4/86 memo from S.J. Chilk to Cmrs., " Staff Requirements Memo ra n dum, " I page with attached 2 page undated, unsigned memos to V. Stello, draft Staff Requirements -

SECY-85-306/306B, " Staff Requirements Regarding the Implementation of Appendix R to'10 CFR 50".

4.

2/27/86 vote sheet of T.M. Roberts on SECY-85-3068 - Staff Recommendations Regarding the Implementation of Appendix R to 10 CFR 50" - 3 pages.

5.

2/22/86 vote sheet of F. Bernthal on SECY-85-306B - 1 page, 6.

2/21/86 note from J. Meyer to F. Bernthal on SECY-85-306 and 306B - 2 pages.

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7.

2/18/86 vote sheet of L. Zech on SECY-85-3068 - 1 page.

8.

2/10/86 memo from J.K. Asselstine to Cmrs., SECY-85-306, 306A & 306B

. Implementation of Appendix R" - 4 pages; 9

Undated draft handwritten preliminary outline by P. Davis of 2/10/86 memo from J.'K. Asselstine to Cmrs., SECY-85-306, 306A & 3068 - Implementation of Appendix R" - 1 page, 10.

1/9/86 vote sheet of N.J. Palladino on SECY-85-3068 -

2 pages.

11.

11/18/85 handwritten notes of P. Davis, " Bill-Johnston -

Appendix R," from meeting between J.K. Asselstine and B.

Johnston - 2 pages; 12.

11/18/85 handwritten notes of J.K. Asselstine from meeting with B. Johnston - 21 pages.

13.

11/18/86 handwritten notes of P. Davis, "Benaroya -

Appendix R," from meeting between J.K. Asselstine and V.

Benroya - 2 pages.

14..

11/18/86 handwritten notes of J.K. Asselstine with V.

Benroya

,2 pages.

I RE:

F0IA 86-194 APPENDIX C (con't) 15.

Undated handwritten notes of J.K. Asselstine from meeting between J.K. Asselstine and NRC fire protection engineers -

3 pages.

16.

Undated handwritten notes of J.K. Asselstine from meeting between J.K. Asselstine and NRC fire protection engineers -

2) pages.

17.

Undated handwritten notes of J. Austin from meeting (s) between J.K. Asselstine and NRC fire protection engineers -

5 pages; 18.

11/1/85 handwritten notes of P. Davis, " Appendix R - Dick Vollmer," from meeting between J.K. Asselstine and D.

Vollmer - 2 pages; 19.

11/1/85 handwritten notes of J.K. Asselstine from meeting with D.

Vollmer - li pages, 20.

11/1/85 handwritten notes of P. Davis, " Appendix R - Bill Shields," from meeting between J.K. Asselstine and W.

Shields, 3 pages.

21.

11/1/85 handwritten notes of J.K. Asselstine from meeting with W.

Shields, 21 pages.

22.

undated handwritten notes of J. Austin which consists of g

questions about implementation of Appendix R, 11 pages; 23.

10/3/85 note from J. Meyer to F. Bernthal, " Status of Appendix R, Fire Protection:

Staff 10/3/85 Briefing" -

1 page; 24.

10/2/85 notes from D. Humenansky to L. Z'ech, 5 pages, 25.

Undated rough notes from D. Fisher to D. Humenansky, 3 pages.

26.

1/10/86 memo from M.G. Malsch, "SECY-85-3068 (Standard License Condition on Fire Protection) "

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27.

10/24/85 memo from M.G. Malsch, " Staff Interpretations of Appendix R."

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