ML20202G818

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Final Response to FOIA Request for Documents.App a Records Available in Pdr.App B Records Will Be Available in Pdr. App C Records Withheld in Part (Ref FOIA Exemption 3) & App D Records Completely Withheld (Ref FOIA Exemption 7)
ML20202G818
Person / Time
Issue date: 02/05/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Street B
AFFILIATION NOT ASSIGNED
Shared Package
ML20202G823 List:
References
FOIA-97-471 NUDOCS 9802200227
Download: ML20202G818 (9)
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( RESPONSE iYPE jd RESPONSE TO FREEDOM OF

- x IriNAL I l e^ati^t

\e..e. INFORMATION ACT (FOlA) REQUEST o^u ggg g

('OC AE i NUY8f RIS) urspluNel MEQUESTEH Mr. Bobby Street par

-AGENCY RECORDS RE LE A%ED OR NOT LOCATED (See checAedboxest No ayncy records subject to the request have been located No additional agency records sub iect to the request have been located.

Requested records are awadable through another giubhc distribution program. See Comments section, Agency records subject to the request that are identified in /,pperd m(es) A

,_ a,e ai,ewy avadabw for punhc . spection and copying at the X NRC Pubbe Document Room. 2120 L Street. N W, Washington, DC.

Agr ncy records subject to the request that are identified in Appendodes) O are being made available for ;xist.c imaaun and copying X at the NRC Pubhc Document Room. 2120 L Street, N.W., Washington, DC. in a folder under this Fot A number.

The nonproprietary verton of the proposaHs) that you agreed to accept in a teletahone conversation with a member of my staf f is now being trade avadabN fr>r pubhc inspection and copying at the N RC Pubhc Document Room. 2120 L St eet, N W., Washington, DC, in a folder under this FOI A number.

Agency records subgct ta the request that are identified in Appendim(es) may be inspected and copied at the NRC Local Pubhc Document Room identified in the Comments section, X inclosed N W, Washington. is information DC on how you may obtain access to and the ct'arges for copymg records lccated at the NRC Public Document Room,2120 L Street, y Agency records subject to the request are enciopd i

Record; subject to the request have been referred to another Federal arncyhes) for review and direct response to you y Fees You will be billed by the NRC for fe,:s totakng $ 33.67 Yoe' wdl receive a refund from the NRC in the amount of $

In view of NRC's response to this request no further action is being taken on appeal letter dated No PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from putilic disclosure pursuant to the exemptions described in and for the reasons stated in Part 11, B, C, and O. Any released portions of the documents for which only part of the record is being withheld are being made available for pubhc X insoection and copying in the NRC Public occument Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number.

COMMENTS The records identified on enclosed Appendices A, B, C, and D, are responsive to your request.

Copies of Appendix B records and the releasable portions of Appendix C records are enclosed.

Also, since you are entitled to receive 100 pages of records at no charge, copies of Appendix A records, numbers 1 through 11 are enclosed. The remaining records listed on Appendix A are records which previously have been made publicly m'ailable. These records are maintained at NRC's Public Document Room (PDR) for public ints ction and copying. I have enclosed instructions to assist you in obtaining copies of the remaining records directly from the PDR.

The fee for the processing of your request is noted below. You agreed in a telephone conversation with Nina Pugh on January 21,1998, to pay this fee.

/

Professional Search - 1 hr, prof. search @ $33.67 per hr. = $33.67 This compleigs NRC's action on voor FOIA-

%M SI , L DjRLCTO VISION Ok f RE LDC NFORMA fiON AND PL:8 LICA TIONS SE RvlCES V- , - A s 9802200227 98020S m

ll!llIllI:lllI!II1.1 e e s e e a a PDR FOIA STREET 97-471 PDR NHC FORM 464 (Part il i1911 m

FOiA NUMBEruSI h. a T E

' RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 4 71 * .

o (CONTINUATION) N l

PART H B- APPUCABLE EXEMPTIONS records subject to the request that are described in the enclosed Appendentes) C b O are being withheld in their entirety of in part under the Emernption No.ls) and for the reason (s) given below pursuant to 5 U.S.C. 652(b) and 10 CF R 9.17(a) of NRC regulations.

1 The withheld informato" is property classifi d pu'avant to Enocutive Order. (Ememption 1) 2 The withheld mfoemation relates solely to the eternal personnel rules and procedures of NRC (Exemption 21 l X l3. fle withheld mformation is specifically exempted f#om public disclosure by statute mdicated. (Enemption 3) l Sections 14114$ of the Atomic E nergy Act, which prohibits the disclosure of Restricted Data or Forme <ty Reitncteo Data 142 U.S C. 21612165L Section 14? Of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards informat on (42 U.S C. 2167L

4. The withheld enformation is a trade secret or commercsat or financial mformation that is being withheld for the reasontal indicated. (Ememption 4)

The mformation t consed seed to be confidential busmens tpeoprietaryf enformation The mformation is considered to be proprietary mformation pursuant to 10 CTR 2 790tdH11 The mformation was submetted and received m confidence pursuant to 10 CFR 2 790idH2)

6. The unithheld mformation consists of oterogency ov en'reagency records that ave not evadabie miough des ety dutmu litigat on (Exemption 5L Apphcable Pnvilege, Det berative Process Disclosure of predecis onal anformation would tend to mhibst the open and trant enchange of ideas essentis to the dehberative process Where records e*s withheld en their entirety, the f acts are sneatncabiy mtertwined with the predecisional mformation There also are vio f easonabiy segregable f actua' portens because the release of the f acts would permit an mdirect nquiry into the predecisional peoress of the agency l

Attorney woes produt: pnvilege ' Documents prepa<ed by an attorr ev m contemptation W bl.gation t I

Attorney <lient privilege. (Confidential communications between an attorney and his'her chontJ 6

The withheld mformaten is esempted from public disclosure because its disclosure moutd result in a clearly un*=tranted mvas.on of spersona: en acy (E xemption 61 7

The withheld mforenation consists of records compiled f or law enforcement purposes and is being withheld for the reasonish indicated (Exemption 7)

'Xl Disclosure could reasonably be espected to mterfere wrth an enforceme.it proceedmg because it could revent the scope. directon, and focus of X entorcement efforts and thus could possibly allow recip.ents to take action to shield potenbal wrongdo ng o< a violation of NRC requirements from mvestigators (E xemotion 7 ( All Disclosure would constitute an unna ranted mvasion of personal pnvecy. (Exemption 7(C))

The mformation consisu of names of mdividuais and other inf, mation the disclosure of wh<! rovid reasonabb be enoecten to revedi ident4t'en of confident'ai soueces. (Enemption 7 (DO Of fit H l PART H. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25(b) and or 9 25tc) of the U S. Nuclear Regulatory Comm.ss.on regu!at'ons. it has been determ ned that the mformabon withnest s comet from pro duction er doctosuve. and that its psoduchon or d scrosure is contrary to the pubhc mte'est The persons respons bre for the den =ai a'e those of frcia s ident<f ted below as denying officgis for Op3 amt the(EDOI.

rations Director. O, vision of Freedom of Information amt Pubhcat.ons Serv!ces. Of f ce of Admm<stration, for any cerbais that may be apoeared to the E=ecunve D.ree or l DENYING OFFfCIAL TITLE OFFICE RECOR.;S DENIED APPELLATE OFFICIAL

~ iiDO UCUTARY lCarl J. Paperiello Director, NMSS App, C x IG Luis A. Reyes Regional Administrator App, D X RII 4--

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Re: FDL^. 471 APPT.NDIX A RECORDS ALREADY AVAILABLE IN THE PDR ACCESSION MQ, DATE NUMBER DESCRIPTION /fPAGE COUNT) 1, 03/14/97 9703190250 Insp. rept 70-1151/97-202 on 970210-

14. Violations noted. Major areas inspected; chemical safety program at W & selected areas (9 pages)
2. 03/14/97 9703190244 Notice of violation bm insp on 970210-
14. Violation noted; as of 970214 emergency procedures issued by licensee were not approved (1 page)
3. 01/23/97 9701280333 insp rept 70-1151/96-204 on 961216-
20. Violation noted. Major areas inspected; safety program at W &

selected areas of plant (13 pages)

4. 11/27/96 9612170251 Insp rept 70-1151/96-05 on 961029-1101. Violations noted. Major areas inspected; facility support - maint (13 pages)
5. 11/27/96 9612170250 Nc; ice of violation from insp on 961029-1101. Viohtion noted; license requires use of special nuclear matl IAW(1 page)
6. 11/01/96 9611150233 Insp rept 70-1151/96-03 on 960909-26.

Violations noted. Major areas inspected; radiation protection, environ protection & waste (31 pages)

7. 11/01/96 9611150228 Notice of violation from insp on 960909-
26. Violation noted; audit not conducted as required by SEP (1 page)

7, .

'8. 10/25/96 9611040254 Insp rept 70-1151/96-04 on 960923-27.

No violations noted. Major areas inspected; criticality safety & plant operations (7 pages)

9. 08/08/96 9608230187 - Insp rapt 70-1151/96-02 on 960708-12.

No violations noted.- Major areas inspected; licensee fire safety program, activities related (6 pages)

10. 04/24/96 9604290092 Insp rept 70-1151/96-202 on 960325-
29. No violations noted. Major areas l inspected; criticality _SR to handling of i

licensed matl(12 pages)

11. 02/16/96 9603050046 Insp rept 70-1151/96-01 on 96116-19 & ,

960202. Violation noted. Major areas l l inspected: area of transportation (9 pages)

12. 01/12/96 9601260328 Insp rept 70-1151/95-09 on 951127-1201 & 11-15. No violations noted, Major areas inspected; review of -

adequacy of licensee (7 pages)

13. 01/12/96 9601260316 Insp rept 70-1151/95-10 on 951211-15. s No violations notod. Major areas inspected; review of HP activities including radiation (9 pages)

- 14. 11/28/97 9712080055 Proprietary insp rept 70-1151/97-206 on 971027-31. No violations noted. Major areas inspected; MC&A safeguards insp included insp

15. 11/28/97 9712080053 Partially withheld insp rept 70-1151/97-206 on 971027-31. No violation noted.

Details withheld, per 10cfr2.790 l 16, 11/13/97 9711200351 Enforcement conference rept 70-1151/97-207 on 971029. Areas discussed; seven violations noted in rept 70-1151/97-205 (218 pages)

E W

17, 10/25/97 9711190233 Insp rept 70-1151/97-05 on 970922-26.

No violations noted. Major areas inspected; observation & evaluation of ,

licensee biennial (1 page) j

18. 10/03/97 9710060255 Insp rept 70-1151/97-205 on 970825-
29. Seven apparent violations noted &

are being considered for escalated enforcement (58 pages)

19. 07/28/97 9707300243 Notice of violation from insp on 970505-
07. Violation noted; licensee failed to provide required notificatiores (204 Pages)
20. 07/09/97 9707240026 Pre-Decisional Enforcement Confemnce rept 70-1151/97-204 on 970709 Major areas discussed; five apparent violations noted (111 pages) l
21. 07/11/97 9707220369 Insp ropt 70-1151/97-04 on 970623-25.

No violations or deviations noted. Major areas inspected; observation &

evaluation of licensee (165 pages)

22. 06/24/97 9707030299 Insp rept 70-1151/97-03. Violations noted. Major areas inspected; plant operations, mgt, organization & controls (173 pages)
23. 06/24/97 9707030294 Notice of violation from insp on 970527-
30. Violation noted; configuration control forms w/ dockets95-136,96-042 (172 pages)
24. 06/25/97 9706300090 - Partially withheld insp rept 70-1151/97-203 on 970505-07. Details withheld, per 10CFR2.790 (1 page)
25. 06/25/97 9706270265 Proprietary insp rept 70-1151/97-203 conducted on 970505-0. Major areas inspected; special insp team established (20 pages)

26, - 03/28/97 9704170216 Insp rept 70-1151/97-02 on 970224-28.

No violations noted. Major areas inspected; licensee programs for -

operational (11 pages)

27. 03/06/97 9703270208 Insp rept 70-1151/97-01 on 970203-06.

Violations noted. Major areas inspected; exem procedures &

representative (17 pages)

28. 03/06/97- 9703270201 Notice of violation from insp on 970203-06.- Violation noted; chewing gum & -

food products were used in chemical area (1 page) 2 9. - Various PRINTOUT OF PUBLICLY AVAILABLE RECORDS I

RI: FOIA 97-471 APPENDIX B RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION /PAGES

1. 2/15/96 Memorandum to D. Crutchfield from E. Ten Eyck, subject:

Licensee Performance Review Report for Westinghouse Fuel Facility, (5 pages).

2. 8/29/97 Letter to J. Bush from E. Ten Eyck regarding Westinghouse Electric Corporation's Commitment to Shut Down Operations in the Pelleting Lines at Columbia, (1 page).-
3. 9/5/97 Letter to J. Allen from D. Collins, subject: Restart of Pellet Manufacturing Area,(1 page).

l l

, Rs: FOIA 97-471 APPENDIX C DOCUMENTS BEING RELEASED IN PART 3

NUMBER DATE DESCRIPTION / EXEMPTION 7 s

1. 6/25/97 Letter to Westinghouse Electric from E. Ten Eyck, (4 pages)

RELEASE, enclosing Westinghouse Electric Corporation's inspection Report #70-1151/97-203 (16 pages) WITHHELD, "".

3, with Listing of Persons Contacted, Listing of Acronyms Used, and Listing of Inspection Procedures Used, items Opened, Closed and Discussed, (3 pages), RELEASE.

2. 11/28/97 Letter to Westinghouse Electric from P. Ting, (3 pages),

RELEASE, enclosing Westinghouse Electric Corporation's Inspection Report #70-1151/97-206, (12 pages) WITHHELD, EX.

3, with Listing of Persons Contacted, Listing of Acronyms Used, and Listing of Inspection Procedures Used, items Opened, Closed and Discussed, (3 pages), RELEASE.

3 1.

RO: FOlA 97-471 APPENDIX D DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY

- NUMBER DATE DESCRIPTION / EXEMPTION /PAGES i

1. Various EA Case File 97-442, Approximately 112 pages of records., EX. 7A.

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