ML20199G203

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Further Response to FOIA Request for Documents Re Pressure Suppression Containments Associated W/Bwrs.Forwards App H Documents.App I Documents Withheld (Ref FOIA Exemption 4)
ML20199G203
Person / Time
Issue date: 02/12/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Firestone E
GENERAL ELECTRIC CO.
Shared Package
ML20199G207 List:
References
FOIA-85-665 NUDOCS 8604090087
Download: ML20199G203 (4)


Text

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12 $88 Mr. Edward A. Firestone Counsel-Litigation General Electric Company 175 Curtner Avenue IN RESPONSE REFER San Jose, CA 95125 TO F01A-85-665 Dear Mr. Firestone?

This is in further response to your letters dated September 27 and November 6, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), several categories of documents regarding pressure suppression containment. During the course of numerous telephone conversations between yourself; Edward Shomaker, Office of Executive Legal Director; and Carol Ann Reed of my staff, the scope of this request was clarified to only include 1) the Humboldt Bay docket file up to December 31, 1976; 2) the Bodega Bay docket file; 3) information on the 4 x 4 tests; and 4) information concerning the 1972 incident at the Wuergassen plant in Germany.

The documents listed on the enclosed Appendices H and I are responsive to item four of your request. The documents listed on the enclosed Appendix H are being placed in the NRC Public Document Room (PDR), 1717 H Street, NW, Washington, DC.

The documents listed on the enclosed Appendix I are being withheld from public disclosure pursuant to Exemption (4) of the F0IA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Commission's regulations. These documents contain information submitted by and received in confidence from foreign sources.

Under these conditions the documents are protected from mandatory public disclosure under the alternative test set out in National Parks and Conservation Association v. Morton, 498 F.2d 765 (D.C. Cir.1974). Under that test, a record can be withheld because disclosure would impair the Government's ability to obtain necessary information in the future. It is our view that a breach of understanding between the NRC and a foreign source could in the future inhibit the free flow of information to the NRC and could interfere with our mission.

Pursuant to 10 CFR 9.9 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 this denial are the undersigned and Mr. James R. Shea, Director, Office of International Programs.

8604090007 860212 ES -665 PDR

Mr. Edward A. Firestone This denial may be appealed to the Commission'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. Nuclear Regulatory Conmission, 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 review of two additional documents subject to item four of your request is continuing. As soon as our review is completed, we will notify you.

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

Enclosures:

As stated L

Re: F01A-85-665 APPENDIX H u.

1. Undated SKI Incident Report regarding an open door between the wet-well and dry-well in pressure suppression containment. (4 pages)
2. 10/14/76 Memo to R. E. Heineman from J. D. Lafleur re: Swiss Visit Request (0cotber 27-28,1976) w/ enclosed Main Discussion Topics and Supplemental List. (3 pages)
3. 11/17/76 Letter to R. L. Tedesco from L. J. Sobin re: Foreign Review of SRV Quenchler Load Prediction Methodology. (4 pages)
4. 08/10/77 Technical Assignment Control Form re: Response to Swiss Requests. (6 pages)
5. 09/12/77 Memo for H. Faulkner from G. Lainas re: Response to Swiss Request (TAC-8020) w/ enclosure. (2 pages)
6. 11/14/77 Memo for S. H. Hanauer from L. S. Tong re: Safety and Relief Valve Tests. (1 page)

Re: F01A-85-665 APPENDIX I

1. 1978/1979 Information on KWW re: Incident of non-availability of an emergency diesel on 04/12/72. (1 page)
2. 1978/1979 Information on KWW re: Incident of intermittent failure of the emergency power supply or 08/28/72. (2 pages)
3. 1978/1979 Information on KWW re: Incident regarding condensation chamber on 04/12/72. (3 pages)
4. 1979 Abstract of 04/12/72 event at KWW. (1page) .
5. 1981 Abstract regarding piping. (1 page)
6. Undated Abstract of 02/03/72 event at KW0. (1 page)