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Mr. John Doherty BAY 2 7 l9 5 Nuclear Information and Resource Service 1616 P Street, NW, Suite 160 IN RESPONSE REFER Washington, DC 20036 TO F0!A-85-654
Dear Mr. Doherty:
This is in partial response to Nina Bell's letter dated September 24, 1985, in which she requested, pursuant to the Freedom of Information Act (FOIA), copies of five categories of records regarding Board Notification 85-081.
Copies of the documents listed at 1 through 14 on enclosed Appendix C are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, for public inspection and copying. The documents will N filed in folder F0IA-85-654 under the name of Nina Bell. Document 15 is already in the PDR and can be retrieved by its accession number.
The document listed at number 1 on enclosed Appendix 0 is being withheld in part, and documents 2, 3, and 4 are being withheld in their entirety, pursuant to Exemption 4 of the F0IA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Commissics regulations, since the withheld information consists of confidential business (proprietary) information.
The document identified on Appendix E is being withheld in part pursuant to Exemption 6 of the FOIA (5 U.S.C. 552(b)(6)) and 10 CFR 9.5(a)(6) of the Commission's regulations since the withheld information consists of personal information the disclosure of which would cause a clearly unwarranted invasion of personal privacy.
The documents listed on Appendix F are being withheld in their entirety pursuant to Exemption 5 of the FOI A.
There are no reasonably segregabic releasalle portions.
Documents 1 and 2 on enclosed Appendix F contain predecisional advice, opinions and recommendations of the staff.
This information is being withheld from public disclosure pursuant only to Exemption 5 of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5).
Documents 3, 4, 5 and 6 on Apper. dix F contain information which is also being withheld pursuant to Exemption (7)(E) of the F0IA (5 U.S.C. 552(b)(7)(E)) and 10 CFR 9.5(a)(7)(v) of the Commission's regulations because release of the infornation would disclose investigative techniques and procedures.
Fursuant to 10 CFR 9.9 of the NRC's regulations, it has been determined tFat 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 the documents listed on Appendices D and F are the undersigned and Mr. James M. Taylor, Director, Office of Inspection and Enforcement.
The persons responsible for the denial nf the document identified on Appendix E are the undersigned and Dr. J. Nelson Grace, Regional Administrator, Region III.
8606050400 860527 PDR FOIA DOHERTYO5-654 PDR
1 Mr. Doherty This denial may be appealed to the itRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. fluclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."
The review of one document that is subject to this request is continuing. We will notify you upon completion of the review.
Sincerely, YL sd 9
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Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosures:
As stated
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Re:
F0lA-85-654 APPENDI
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1.
08/09/85 Memo to K.F. Cooper and others from E. Rahe Re: Safety Review Committee Meeting (2 pages) 2.
07/15/85 Memo to R. Wiesemann from M.P. Osborne Re: Request for PI on J. Segletes Letter to NRC (2 pages) i 3.
07/12/85 Letter to James Taylor from E. Rahe Re: Nuclear Regulatory Law w/ enclosed Diablo Canyon Safety Analyses (7 pages)
I 4.
07/24/85 Memo to Cantineau from Osborne Re: Beznau Dropped Rod i
Analysis - Segletes Letter (2 pages) 5.
12/16/83 Memo to H. Fix from G. Storrick Re: IRP Functional Requirements Rev 0 w/ attachments (6 pages) l 6.
09/13/85 Letter to James Taylor from E. Rahe Re: Safety Deficiencies l
w/ enclosed Diablo Canyon Safety Analyses (7 pages) l j
7.
09/11/85 Letter to James Taylor from E. Rahe Re: Information Request l
from Segletes Allegations w/ attached Modification of the Turbine Runback System (50 pages) j 8.
08/08/85 Note to S. Burwell and others from R. Brady Re: Allegation Re:
l Westinghouse w/ enclosed Allegation IE-85-A-0015 (15 pages) f 9.
Undated Nondisclosure of an Unsafe Plant Condition and Retaliation j
byManager(9pages) l 1
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- 10. 05/14/85 CaseChronologySheet(1page) t i
- 11. 07/24/85 Memo from Uryc to Walker Re: Westinghouse - Alleged l
Failure to Report Item Under 10 CFR 21 - (1 page)
- 12. 09/16/85 Memo from Uryc to Fox Re: Westinghouse - Alleged Failure to File NRC Required Report (1 page)
- 13. Undated OfficialUseOnlyCoverSheet(1page) l
- 14. Undated Case File Folder Label (1 page) f i
- 15. 03/01/85 Letter from Tucker to NRC Re: McGuire Nuclear Station, i
Units 1 and 2. Docket No. 50-369/370(5pages) j (ANO: 8503140284/ADOCK/50-3695) i
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Re:
F01A-85-654 APPENDIX D Documents Being Withheld in Part or in Their Entirety 1.
01/31/85 Handwritten Memo to E. Rahe from John Seyletes Re: Customer Relationship with Consolidated Edison (3 pages) 2.
Undated Instruction / Guidance (4 pages) 3.
Undated Instruction / Guidance Re: Processing Potential and Identified Safety Review Committee Items (7 pages) 4.
Undated Policy / Procedure Re: Identification and Reporting of Substantial Safety Hazards, Significant Deficiencies, and Unreviewed Safety Questions (22 pages) t I
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Re:
APPENDIX E t
Document Released in Part
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1.
05/14/85 Handwritten Memo from Orders to Uryc, Re: Possible i
Allegation (2 pages)
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Re:
F01A-85-654 APPENDIX F Documents Being Withheld in Their Entirety 1.
Undated Independent Inspection (8 pages) 2.
Undated Draft Notice of Violation (4 pages) 3.
08/02/85 Memo to William Dircks from James Taylor Re: Referral of Allegation to 0IA (1 page) 4.
08/15/86 Memo to Charles Kraus from Edwin Fox Re: Chronology of Events w/ enclosure Events (3 pages) 5.
Undated Memo to William Dircks from James Taylor Re: Referral of Allegation to Office of Investigations (1 page) 6.
Undated Handwritten Notes Re: Tone of Discussion with Alleger (1 page) 4 l
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6 5 P" = u Nudear ]nf orrnation and Resour ce Servi cs 1616 P Street, N.W., Suite 160, Washington, D.C. 20036 (202) 328-0002 September 24, 1985 James M. Felton, Director FREtDOy OF INFORMATK)N Division of Rules and Records ALT REQUEST Office of Adminstration U.S. Nuclear Regulatory Commission
-[8-dh Washington, D.C.
20555
'd 9 a?(. -fS FREEDOM OF INFORMATION ACT REOUEST
Dear Mr. Felton:
Pursuant to the Freedom of Information Act, 5 U.S.C. 522, as amended, and 10 CFR 9.8 of the Commission's regulations, the Nuclear Information and Resource Service requests the following documents regarding NRC Board Notification No.85-081,
" Allegations Concerning Westinghouse Analyses and Quality Assurance," issued in Docket Nos. 50-250 & 251 on August 27, 1985.
Please consider " documents" to include reports, studies, test results, correspondence, memoranda, meeting notes, meeting minutes, working papers, graphs, charts, diagrams, notes and summaries of conversations and interviews, computer records, and any other forms of written communication, including internal NRC Staff memoranda.
In your response, please identify which documents correspond to which requests below.
Pursuant to this request, please provide all documents prepared or utilized by, in the possession of, or routed through the NRC related to:
1.
Correspondence and other reactions by or to NRC regarding allegations made by a senior engineer at Westinghouse Water Reactor Division, Nuclear Safety Department, Risk Assessment Technology Section regarding rod on bottom signal device deficiencies and non-conservative computer codes; 2.
Correspondence between Florida Power & Light and Westinghouse regarding the above; 3.
A Licensee Event Report filed in early 1985 regarding a rod on bottom signal device at Turkey Point; 4.
Westinghouse documents and letters: CN-TA-82-04, NS-RAT-PTA-85-091, CN-TA-84-202, NS-RAT-PTA-84-171, RAT-IG-9, CN-TA-85-6, NS-TA-83-365, NS-RAT-PTA-85-047, NS-RAT-PTA-85-051, CN-TA-84-63, a January 25, 1985 memo from the allegator to Westinghouse; and G
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2-5.
Please provide a list of offices to which thic request was forwarded.
In our opinion, it is appropriate in this case for you to waive search charges, pursuant to 5 U.S.C. 552 (a) (4) ( A) "because furnishing the information can be considered as primarily benefiting the general public."
The Nuclear Information and Resource Service is a non-profit organization serving local organizations concerned about nuclear power and providing infor-mation to the general public.
Information required by 20 CFR 9.14a was provided by letter dated August 3, 1984.
Sincerely,
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Nina Bell Assistant Director cc: File i
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