ML20205D473

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Further Response to FOIA Request for 12 Categories of Documents Re Plant.Forwards App E Documents.App F Documents Available in Pdr.Apps G & H Documents Withheld (Ref FOIA Exemptions 7 & 5)
ML20205D473
Person / Time
Site: San Onofre  Southern California Edison icon.png
Issue date: 09/26/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Zaelke D
Sierra Club
Shared Package
ML20205D480 List:
References
FOIA-85-126 NUDOCS 8510160174
Download: ML20205D473 (6)
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UNITED STATES SSY

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8" o NUCLEAR REGULATORY COMMISSION g E WASHINGTON, D, C. 20555 ~

\...../ SEP 2 61995 Durwood Zaelke, Esquire Sierra Club Legal Defense Fund 1424 K Street, NW, Suite 600 IN RESPONSE REFER Washington, DC 20005 TO FCIA-85-126

Dear Mr. Zaelke:

This is in final response to your letter dated February 21, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA),12 categories of documents related to the San Onofre Nuclear Generating Station.

The documents identified on enclosed Appendix E are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-126 in your name. The documents identified on enclosed Appendix F are already in the PDR. I have indicated the file location beside the document descriptions.

The documents identified on enclosed Appendix G are being withheld in their i entirety. The documents consists of investigatory records compiled for law enforcement purposes the release of which would interfere with an ongoing enforcement proceeding. Release of this information could allow those being investigated to learn the scope, direction, and focus of investigatory efforts, and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. This information is being withheld from public disclosure pursuant to Exemption (7)(A) of the FOIA (5 U.S.C. 6552(b)(7)(A)) and 10 CFR 9.5(a)(7)(i) of the Comission's regulations. In addition, to being withheld pursuant to Exemption (7)(A), documents 2, 4, and 5 are drafts which contain the preliminary advice, opinions, and recommendations of members of the staff.

This information is being withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 5552(b)(5)) and 10 CFR 59.5(a)(5) of the Comission's regulations. Release of the information would tend to inhibit the frank and candid exchange of information in future deliberations and thus would not be in the public interest.

The documents identified on enclosed Appendix H contain the predecisional analyses, opinions, and recommendations of the Commissioners, and between the Commissioners and their staffs, on issues in the San Onofre restart proceedings. ,

Because the documents reflect the predecisional process among the Commissioners, j and between the Commissioners and their staffs, the documents are exempt from '

mandatory disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C.

5552(b)(5)) and 10 CFR 69.5(a)(5) of the Commission's regulations. Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The documents do not contain any reasonably segregable factual portions and are being withheld in their entirety.

8510160174 850926 PDR FOIA ZAELKE85-12A PDR

Durwood Zaelke, Esquire _

)

Pursuant to 10 CFR 9.15 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 person responsible for the denial of the documents on Appendix G is Mr. Ben B. Hayes, Director, Office of Investigations. The person responsible for the denial of the documents on Appendix H is Mr. John C. Hoyle, Assistant Secretary of the Commission.

These denials may be appealed to the Secretary of the Commission within 30 days from the receipt of this letter. Any such 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."

Additional documents that are subject to your request were addressed in our responses to a previous FOIA request. You may obtain access to the request by requesting file folder F01A-85-885 under the name Bell, which is also maintained in the PDR.

This completes NRC action on your request.

Sincerely,

_. , ~-

SY3 J. M. Felton, Director Division of Rules and Records Office of Administration

Enclosures:

As stated

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Re: F01A-85-126 1

APPENDIX E i Documents Being Placed in the PDR i

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1. 11/08/84 Memo from Roberts to Commission, subject: Proposal for Restart of San Onofre 1.

l 2. 02/12/85 Memo from Davis to Bates, subject: Dissenting Views on i San Onofre Order.

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3. 02/12/85 Comm. Asselstine's Vote Sheet for SECY-85-39.

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Re: F01A-85-126 APPENDIX F Documents Already in the PDR l 1. 11/21/84 Memo from Hoyle to Dircks, subject: "SECY-84-434 - Options t for San Onofre 1." Accession No. 8411290372 I 2. 11/21/84 Transcript of Commission meeting, " Briefing and Discussion of i Issues in Operation of San Onofre Unit 1." Accession No. 8412070090

3. 11/28/84 Memo from Chilk to the Record
" Staff Requirements - Briefing i and Discussion of Issues in Operation of San Onofre Unit 1."

1 Accession No. 8412060641 4, 12/13/84 Letter from Zaelke to SECY re: 11/21/84 briefing. Accession 2

No. 8502150685 5, 12/13/84 Letter from Zaelke to SECY re: 12/10/84 letter from Miller &

Chevalier. Accession No. 8502150680 l'

6. 12/31/84 Revision to 11/21/84 memo from Hoyle to Dircks, subject:

SECY-84-434 -- Options for San Onofre 1. Accession No.

8501100023

7. 01/11/85 Letter from Palladino to Hodel re: status of San Onofre 1 restart. Accession No. 8501220419 1

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Re: F01A-85-126  :

APPENDIX G ..

DOCUMENTS BEING WITHHELD Description F0IA Exemption l- Facsimile Transmittal Request dated January 18, 1985 7A from J0VKOFF, 01:RV, to D'ANGELO, NRC - SONGS 1 with attached letter dated January 9,1985

2. Facsimile Transmittal Request, undated, from GRIMES, 7A, 5 NRC, to J0VK0FF, 01:RV, with attached draft letter
3. Letter dated January 28, 1985 from GRIMES, NRC 7A
4. Facsimile Transmittal Request dated January 28, 1985 7A, 5 from J0VK0FF, 01:RV, to SINCLAIR, 01:HQ, with attached draft letter
5. Facsimile Transmittal Request dated January 31, 1985 7A, 5 from J0VK0FF, OI:RV, to SINCLAIR, 01:HQ, with attached draft letter
6. NRC letter 7A
7. Facsimile Transmittal Request, undated, from GRIMES, 7A NRC, to J0VK0FF, 01:RV, with attachment
8. Meeting record dated January 22, 1985 7A
9. Telephone Conversation Record dated January 23, 1985 7A
10. Telephone Conversation Record dated January 30, 1985 7A 11- Meeting record dated February 21, 1985 of meeting between 7A

! GRIMES, NRR, and JOUK0FF, 01:RV

12. Telephone Conversation Record dated February 13, 1985 7A 13- Telephone Conversation Record dated February 15, 1985 7A of conversation between GRIMES, NRC, and JOUKOFF, 01:RV, Re: Case 5-83-003
14. Case Chronology for 5-83-003 7A
15. NRC document 7A l

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Re: F01A-85-126 APPENDIX H i

I Documents Being Withheld i 1. 10/13/83 Note for Fred from Steve, subject: SECY-83-395 -- Final Immediate Effectiveness Order for San Onofre 2 and 3.

(2 pages) -

2. 11/04/83 Steve's Draft comments on San Onofre Order. (2 pages)
3. 12/20/84 Memo from C. W. Reamer to S. J. Chilk, subject: San Onofre 1.

(4 pages)

4. 02/06/85 Note for Fred from Steve, subject
SECY-85-39. (2 pages)
5. Undated Draft letter from N. J. Palladino to D. P. Hodel, DOE, subject: status of San Onofre 1 restart. (1 page)
6. Undated Handwritten notes of Pat Davis and Comm. Asselstine on a copy of " Additional Views of Chairman Palladino and Commissioners l Roberts, Bernthal, and Zech in San Onofre 1.
7. Undated Comm. Bernthal's handwritten notes regarding SECY-84-434.

(2 pages)

! 8. Undated Jim Meyer's handwritten notes regarding San Onofre Unit 1.

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SIERRA CLUB LEGAL DEFENSE FUND,INC.

s tn, m. xx= ry An=1Ad.= 1424 K Street, NW Suite 6oo Wuhmgton, D.C. 2 coos (2o2) 347-277o SAN FRANC 3000 0Ff13 ProMc P. Sutherland i=netw D*** February 21, 1985 Lemns it. Sum Whset R. Shawood

}ula E. MDarald FREEDOM OF INFORMATf0N saphan c.vo:wr Mr. William H. Briggs ACT REQUEST SW da~rr office of General Counsel vewt- P=ker I"#'"a C"**"

United States Nuclear Regulatory Commisaion fC1 A /bh Entshwr ofc wr Washington, D.C. 20555 h 'd 2 2 3 Ddmh S. Rarna

Dear Mr Bgigga:

Eqa1 Autaant zou Fillena st As diSCOSSed during Our Conference Call yesterday with

'5 the Ninth Circuit (Susan Johnson), we are submitting the I (75 bo following Freedom of Information Act Request as part of our effort to determine which documents we believe should hT M Karm P. Shddon be included in the supplement to the administrative rec 0rd.

Len Pater

"'# '*""J" As the supplement is due 14 days from Monday, ggy' February 25 (or March 11), it is important that our FOIA request be complied within the normal 10 day period the sm,33.

De==. co sozo2 statute allows (or March 4). We hope this will not (3'3} 892 4 3 present a problem. We note that most of the documents

  • ^renw. o.c. oms were requested November 28, 1984 by the Nuclear rahnck s. Mmon. m Information and Resource Service (Exhibit A), and Howard L Foz December 13, 1984 as part of our discovery request in the

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administrative proceeding (Exhibit B). NRC partially responded to the November 28, 1984 POIA request on s

  • 6ao February 14, 1985 by providing documents from their w hmston, D.c. 2coes regional office. What remains are the documents from the

(**23 34777' Washington, D.C. headquarters.

u.asu oma L= u.ams The general category of documents requested relate 3a5 d"""> directly to the issues in this case:

4:; 6th St.

Q3*h,,so, o whether the 1982 order requiring the .67 g

(,e7) ss6 275: seismic design standard was an amendment (or some mvouema other type of action).

N,I"M, o whether the 1984 order relaxing the .67 g seismic 2,o s. sm se. design standard and allowing restart was an sunesco amendment (or come other type of action).

New Yak. N.Y. too2s (212) 28 9 469 6 Or' A L

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  • Mr. William R. Briggs February 21, 1985 ,

Page Two o whether the 1984 order presents an unreviewed .

safety question.

o whether the plant is safe to operate at below the

.67 g seismic design standard.

o whether NEPA has been complied with.

More specifically, we request the following docuraents:

1. All amendments to application for construction permit and/or license for SONGS I.
2. All amendments to the construction permit and/or license for SONGS I.
3. All amendments to application for operating i license for SONGS I.
4. All amendments to operating license for SONGS I.
5. To the extent not included in Nos. 1-4 above, all changes, amendments, supplements and updates to the Preliminary and Final Safety Analysis Reports for SONGS 1.

6 All documents relating to the generic issue of 3

determining when a license amendment is required.

7, All documents relating to license amendments involving seismic issues for any plant under NRC jurisdiction.

8. All documents relied on in determining that the August 11, 1982 NRC order requiring seismic upgrading of SONGS I was not an amendment to the operating or construction license and/or did not require Southern California Edison ('SCE*) to apply for such an amendment.
9. All documents relating to amendments to operating and construction licenses for SONGS II and III and any other nuclear plant SCE operates.

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Mr. William M. Briggs February 21, 1985 Page Three

10. All communication between SCE, the licensee, and .

the NRC staff and Commissioners prior to the Commission meeting on November 21, 1984 that concern restart of construction prior to completion of seismic upgrade to

.67 g. , j

11. All documents constituting or referring to a review pursuant to NEPA of:

a) the potential environmental effects of the decision to allow restart of SONGS I in 1984, and/or, b) whether an environmental analysis of the restart decision should be prepared.

12. All documents referring to an investigation into circumstances surrounding the licensee's notification of I the NRC of seismic design deficiencies in SONGS I. (This investigation was requested in a memorandum from Harold Denton, Director, Office of Nuclear Regulations, to James A. Fitzgerald, Acting Director, Office of Investigations, dated May 13, 1982, to which the NRC is referred to assist in responding to this request). The scope of this request includes all documents pertaining in any way to such investigation, including, but not limited to, the initiation, decision not to initiate, conduct, suspension reinitiation, termination or pending nature of such investigation.

Thank you for your attention to this request.

Best regards, Durwood E el e cc: Mr. James M. Felton ,

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  • November 28, 1984 -

James M. Felton, Director Division of Rules and Records Office of Adminstration U.S. Nucleat Regulatory Commission Washington, D.C. 20555 FREEDOM OF INFORMATION ACT REQUEST

Dear Mr. Felton:

Pursuant to the Freedom of Information Act, S U.S.C. 522, as amended, the Nuclear Information and Resource Service requests the following documents regarding San Onofre Nuclear Generating Station Unit 1 (SONGS-1). 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. The documents are specifically requested from, but not limited to, the Office of the Executive Legal Director (DELD); Office of Nuclear Reactor Regulation (NRR); and the Office of the General Counsel (OGC).

Pursuant to this request, please provide all documents prepared or utilized by, in the possession of, or routed through the NRC related tot

1. The legal and technical questions, analyses and opinions of the NRC Staff and NRC attorneys in OELD and OGC regarding the l restart of SONGS-1, in particular documents which address the matter of restart prior to 100% completion of seismic upgrades;
2. The Commission's November 21, 1984- decision to allow the restart of operation of the San Onofre Nuclear Generating Station Unit 1 including particularly all memoranda, draft and final, t

written by the OGC; and

3. Communications (written or oral) of Southern California Edi' son Company, the licensee, with the NRC Staff and 21, the 1984 Commissioners that concern -

prior to the Commission meeting on November restart of construction prior to 100% completion of seismic

- upgrades.

% < hm 3 pp, inn uT d)fnion, it is appropriate in this case for ycu to waive

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nonRch chareeso pursuant to 5 U.S.C. 552(a) (4) ( A)

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i furnishing the information can be considered as pri'marily benefiting the general public." The Nuclear Information add Resource Service is a non-profit organization serving local organizations concerned about nuclear power Information and providing required by 10 CPR infor-nation to the general public.

~9.14a was provided by letter dated Augus't 3, 1984. NIRS is requesting this legal and technical analysis done by or for the NRC Staff and the Commissioners for the purpose of assessing the legality SONGS-l.

of the Commission's decision to allow restart ofThe doc citizens and interested media. If there are any questions

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regarding a fee waiver in this case I request immediate notification of same.

Sincer 3%

s ~d Nina Bell Assistant Director .

cc: File e

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Aa.cl Aders 3424 K Screet. NW Suite 6oo Washington. D.C. 20oo5 (2o2') 347-177o sus ,mo.cucm omes pt c'.

December 13, p.B r,. e c r.5 0 ,s.nd y ,4 ,.;

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Lawrew H. Sil.a /) ,,. .,C.q, Mid=l R. SW HAND DELIVERED 2s4.

Julie E RDonald _ , ' U lg-Secretary N.3, sush c. va, M A*W Nuclear Regulatory Commission .C' 7:;,,,%

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1717 B Street, N.W. e Rg,*-UN'3 ^'

v -scr p=ke Washington, D.C. 20555 \ o]-

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E.r! Bl==r 0/C"""i Re: Southern California Edison Co. a'dB[.

DM E. Rean=

San Diego Gas and Electric Co. (San Y d""' Onofre Nuclear Generating Station, m44 Fmnwre st. Unit No. 1) Docket No. 50-206 san Francam. CA 943 3 5 (43D 3674 oo ,

meCET MoUpffAIN O M CI In order to insure full briefing on the issue of

$@h"l r ,iny.shed.n whether a hearing should have been offered before the LariP= rte SONGS 1 plant was allowed to restart by order dated M #"'~" November 21, 1984,* petitioners request the following Sr=. sutiaing discovery:

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Sune $s4 r all documents, including those prepared by NRC oc,-cr. co se2e2 (lj R5D 8 924388 staff, relating to whether a hearing should be held, or vameTex. o.C. omer offered under Section 189, before the SONGS 1 plant was Fnderick s. Middistor,.111 allowed to restart by order dated November 21, 1984 Wmi l. F= incitding the OGC paper referred to on page 79 of the

      • 3" transcript of Commission meeting held November 21, 1984 on

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this issue; saiu 6ao waaungtsm. o.c. 2eoos i2. all documents, including those prepared by NRC (2* 4 347 877' stad , relating to whether the August 11, 1982 order Aa.A m ^ o m er requiring changes in SONGS 1 to meet a 0.67 seismic criteria, and/or the November 21, 1984 order allowing Tr restart, involved license amendments, seepensTDT Lawi,Adans 3'# d'*""1 489 6th 5L.

eftfergemenL vsadIs;

s. se sa:

f,9.y>ss.27 3. all documents, inckudingthosepreparedbyNRC staff, relating to any changes in the Safety Analysis m voas emca Report and/or the Technical Specifications of the SONGS 1 M*l,"[s* , ,,,, relating to seismic concerns between 1976 and the present, including any applications for license amendments and any -

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s.du 6eo license amendments:

New York, N.Y. s coat (as4 28 94 966 ogg 4-- K $ fo 9^~

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l Secre'tary Nuclear Regulatory Commission December 13, 1984 ,

Page Two .

4. all documents, including those prepared by NRC I

staff, relating to the proposed application for license which was amendment by Southern California Edison ("SCE*)1983 and which to have been submitted on or about June 15, was ref erred to in a memo dated June 3, 1983 f rom Walter summarizing the A. Paulson, Division of Licensing, NRC, June 1,1983 meeting with SCE; all documents, i ncluding those prepared by NRC 5.

staff, relating to the June 1, 1983 meeting referred to in No. 4 above, including the handouts listed in Encionure 2 of the June 3, 1983 Paulson memo referred to in No. 4 above;

6. all documents, including those prepared by NRC l

' staff, relating to the generic issue of determining when a license amendment is required; and

7. all documents relating to license amendments

' involving seismic issues for any plant under NRC jurisdiction.

Because our brief is due December 18, 1984, we would appreciate receiving as many of these documents1984, as with possible by the close of business December 14, 1984.

the remainder no later than noon December 173 Respectfully sdbmitted, N

By: _

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Durwood 2 Y~'

Counsel f titioners

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SERVICE LIST I hereby certify that a copy of the foragoing Request for Discovery has been hand delivered and sent by Express Mail, postage prepaid, by Karen L. McClain to all counsel of record as .

set forth on the Service List below.

Mr. Donald B. Craven Miller & Chevalier Metropolitan Square 655 15th Street, N.W.

Washington, D.C. 20005 (HAND DELIVERY)

Gordon Pierce Randall W. Childress General Counsel San Diego Gas & Electric Company P.O. Box 1831 San Diego, California 92112 (EXPRESS MAIL, POSTAGE PREPAID)

U.S. Nuclear Regulatory Commisson Docketing and Services Section Washington, D.C. 20555 (HAND DELIVERY)

',b l durwood J. 1 ken l l

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