ML20202F550

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Responds to PP&L Corp Auditing Repts 739459-97,739459-1-97 & 739459-2-98 Re SSES Investigations Into Missed Alarm Tests
ML20202F550
Person / Time
Site: Susquehanna  Talen Energy icon.png
Issue date: 07/17/1998
From: Hehl C
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Byram R
PENNSYLVANIA POWER & LIGHT CO.
Shared Package
ML20202F480 List:
References
FOIA-99-36 NUDOCS 9902040090
Download: ML20202F550 (3)
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  • REGION i C5 ALLENDALE ROAD l .

K:NG OF PRusstA/ PENNSYLVANIA 19406-1415 July 17, 1998 l Mr. Robert G. Byram Seriior Vice President .

Generation and Chief Nuclear Officer Pennsylvania Power & Light Company '

Two North Ninth Street Allentown, PA 18101-1179 l

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION REGARDING SUSQUEHANNA '

STEAM ELECTRIC STATION CORPORATE AUDITING REPORTS

Dear Mr..Byram:

This is in regards to Pennsylvania Power and Ught Company's (PP&L) Corporate Auditing Repon: Nos. 739459-97, 739459-1-97 and 739459-2-98, regarding Susquehanna Steam Electric Station (SSES) investigations into the missed alarm tests.

You requested that these Corporate Auditing Reports be considered exempt from. I mandatory public disclosure, pursuant to 10 CFR 2.790. In your affidavit attached to the Corporate Auditing Reports, you ret;uested that these attachments be withheld from public disciosure under the provisions of 10 CFR 2.790(aH4) and (a)(6) for the following reasons. ,

1. The PP&L Response contains the results of internal investigative activities that l constitute confidential commercial information. l
2. The information has been held in confidence by PP&L. To the extent that PP&L has shared this information with others, it has done so on a confidential basis.
3. There is a rational basis for hciding information in confidence. Confidential treatment of such information encourages frank and open internal investigations.

1 Disc!csure of the PP&L Rescense would result in the details of the internal  ;

investigation being revealec. Such ciscicsure wculc seversely affect the future l effectiveness of the Company's ability t investigate pctentiai wrongdcing by its l empicyees. '

5. The employees inter /ie'nec :ic nct excect cubiicaticn of the fesults of their i internews to the puciic. j l

9 Incivicual empicyees wculc ce reluctant t: =arcicly ciscuss mat ers with tne Ar cit:ng Depar ment anc etner ;ncivicuals : rcuct:ng ;nvestigations wrien wculd in turn uncermine the emcicyees' trust in PP&L's internai sucitors and other ,

inves-igaters.

< 1 9902040090 990129 '

t i PDR FOIA '

SORENSEN99-36 PDR

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Mr. Robert G. Byram 2 t

l 7. The PP&L Response also involves personal privacy issues, the disclosure of which could unreasonably harm individual employees.

8. The information is being transmitted and received in confidence. It is not available from public sources and could not be gathered readily from other publicly available information.

l l 9. Public disclosure of the PP&L Response would cause substantial harm to the competitive position of PP&L because such information could be used by others to harm it and thereby gain a competitive advantage over it.

We havedeviewed these redacted and non-redacted copies of the Corporate Auditing l

Reports in accordance with the requirements of 10 CFR 2.790. We have alsu consulted with our Regional Counsel on this matter. We do not believe that under 2.790(a)(4) that the enclosures included trade secrets or proprietary commercial information. However, ,

2.790(a)(6) exempts from public disc!csure "[p}ersonnel and medical files and similar files,  ;

the disclosure of which would constitute a clearly unwarranted invasion of personal -

privacy." In deciding whether certain materials should be withheld from public disclosure, it is appropriate to segregate information which must be withheld from information which l' may be released. Sag 10 CFR 2.79C(a).

l We have reviewed your request and the material in accordance with the requirements of 10 l

CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains personnel information, the disclosure of which would be a :!earty unwarranted invasien of privacy.

Therefera, the version of he submittec information marked as procrietary will be withheld from public dise!osure pursuant to 10 CFR 2.790(b)(6) and Section 100(b) of the Atomic I

, Energy Act of 1954, as amended. The redacted cecies may, if otherwise accrepriate, be l placed in the NRC's puciic document recm. Moreover, if subjec: to a FOIA recuest, the >

l redacted Ocpies will be released.

l Withhoicing from puclic nscection shail 9ct affect the rignt., if any, of perscns crecerly and direc:ty cencamec tc inscect the cccuments. If the need arises, 'ne may senc cocies of this informaticn to Our 00nsultants werking in this area. We will, of = curse, ensure that the censultants have signec :ne accrecna:e agreements for hancling such informatien.

! If :ne basis f:r withncicing this infcrmation from puctic inscect:cn should Orange in the future sucn :nat the ;nicrmation 00ulc nen be mace availacle fcr public inscection, you snoulc pr:mc:ty notify :ne NRC. You sisc shouic uncerstanc :nat the NRC may have cause

review :nis determina:icn in the future, fer examcie, if :ne scoce of a Freecern of Informat:cn A:: reques; inc!uces your .nformation. In all review situations, if :ne NRC 1

makas a cetarmina:!cn acverse :: :re accve, you will ce ctified !n advarce Of any public disc!csure.

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Mr. Robert G. Byram 3 I

l Your cooperation with us is appreciated. If you have any questions regarding the disclosure of the information, please contact J. Bradley Fewell, Regional Counsel, at (610) i 337-5301. ,

Sincerely, l l 1

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! Charles W. Hehl, Director Division of Reactor Projects i

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