ML20206C002

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Final Response to FOIA Request for Documents.Forwards Documents in App E.Documents in App D & E Being Made Available in Pdr.Documents in App F Being Withheld (Ref FOIA Exemption 5)
ML20206C002
Person / Time
Site: Harris Duke Energy icon.png
Issue date: 04/09/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Murphy S
NUCLEAR INFORMATION & RESOURCE SERVICE
Shared Package
ML20206C003 List:
References
FOIA-87-19 NUDOCS 8704100119
Download: ML20206C002 (7)
v • d • e


Text

U.S. NUCLEAR RE;ULATORY COMMISSl!N Nac rotn ; EQUEST NUMBEMSI

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\*ee./ INFORMATION ACT (FOIA) REQUEST APR 9 W DOCKET NUMBERtSI ut appecebet REQUESTEA s$o d., f) H 11 } O /) f* A

/ PART 3.-RECORDS RELEAdD O(NOT LOCATED (See checked bonest No agency records subject to the request have been located.

No additonal agency records subsect to the request have been located.

Agency records subject to the request that are identified in Appendix _M are already avastable for public inspection and copying in the NRC Public Document Room,

[ 1717 H Street, N.W., Washington, DC.

1 Agency records subpect to the request that are identifed in Appendia [ are being made available for public inspection and copying in the NRC Public Document

[ Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

The nonpropnetary version of the proposaust that you agreed to accept in a telephone conversaton with a member of my staff is now being made avaiable for public inspection l

and coving at the NRC Public Document Room,1717 H Street, N W., Washarigton, DC, in a folder under this FOIA number and requester name.

Enclosed is informaton on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

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Agency records subject to the request are enclosed. Any applicable charge for cop es of the records provided and payment procedures are noted in the comments secton.

Records subject to the request have been referred to another Federat agencybes) for review and direct response to you.

In view of NRC's response to this request. no further acDon is being taken on appeal letter dated PART li.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE I Certain informaton in the requested records is being wethheld from public desclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part II, sec-  !

tions B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and copying in l the NRC Public Document Room,1717 H Street, N W., Washington, DC. in a folder under this FOIA number and requester name.

Comments I

8704100119 8704o9 PDR FOIA MURPHY 87-19 PDR sic [ E. DIRECTOR DIVISI F RULES 4 ECOROS

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NRC FORM 464 iParin it esi j

FREEDOM OF C FORMATION ACT [ESPONSE FO!A NUMBERS). h[-= / f DATEM $ M PA:,7 II.8- APPLICABLE FOIA EXEIWIPTIONS "

Records subject to the request that are desenbed in the enclosed Appendices [ are being withheld in their entirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552fb) and ID CFR 9.5(a) of NRC Regulations.

t. The wthheld informanon is property classif.ed pursuant to Executive Order 12356 (EXEMPTION 1)
2. The w.thheld information reistes solely to the internal personnel rules and procedures of NRC. IEXEMPTION 2)
3. The wthheld informaton is specifically enempted from public declosure by statute moicated; (EXEMPTION 3)

Section 141145 of the Atorne Energy Act whch prohibits the disclosure of Restncted Data or Formerly Restncted Data 142 U.S.C. 2161-2165).

Section 147 of the Atome Energy Act which prohituts the disclosure of Unclassefed Safeguards informaton 442 U.S.C. 2167).

4. The withheld informanon is a trade secret or commerHat or financial informaton that is being withheld for the reason (s) indicated; IEXEMPTION di The information is considered to be confidential business (propretary) informaton.

The informatson is considered to be propretary informaton pursuant to 10 CFR 2.790tdH1).

The information was submitted and racerved in confidence from a foreign source pursuant to 10 CFR 2.7904dH2).

5. The withheld information consets of interagency or mtraagency records that are not available through decovery during litigaton. Declosure of predecmional information would tend to inhibit the open and frank enchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inestncably intertwmed with the credecisional mformation. There also are no reasonably segregable factual portions because the release of the facts would perrrut an indirect mquiry into the predecmonal process of the egency. IEXEMPilON 58 l Y

6 The withheld informaton is esempted from public disclosure because its disclosure would result in a clearfy unwarranted invason of personaf prrvacy. (EXEMPTION 61

7. The wthheld information conosts of investigatory records comp #ed for law enforcement purposes and is being wthheld for the reasonis) indscated. (EXEMPTION 71 Desclosure would interfere with en enforcement proceedmg because it could reveal the scope, direction. and focus of enforcement efforts, and thus could possebly allow them to take acten to shold potential wrongdoing or a violaten of NRC requirements from investigators. (EXEMPTION 71AH i Osclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7(C))

r l The information consets of names of indmduals and other informaton the osclosure of which would reveal identities of confidential sources. (EXEMPTION 7101)

PART 11 C-DENytNG OFFICIALS Pursuant to 10 CFR 9 9 and 'or 915 of the U S. Nuclear Regutatory Commessen regulatons, it has been determined that the informaton wthheld is e=empt from producten or disclosure, and that ets producten or disclosure a contrary to the public mterest. The persons responsible for the denial are those officels identified below as denymg officials and the Director.

Oms.on of Rules and Records. Office of Adminstration, for any densais that may be appealed to the Enocutive Director for Operatons isooi.

DENylNG OFFICIAL TITLE / OFFICE , l_ RECORDS DENIED APPELLATE OFFICIAL

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PART 18 D- APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Eaecutive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20565, and should clearly state on the envelope and in the letter that it is an " Appeal from an Inital FOfA Decision.

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! senc romu aos iPett 23 i isasi U.S. NUCLEAR REGULATORY COMMIS510N i FOlA RESPONSE CONTINUATION l l

Re: F01A-87-19 APPENDIX D Category One DOCUMENTS ALREADY IN PDR

1. 3/4/86 Ltr to Harold Denton from A.B. Cutter, Subj: Shearon Harris Nuclear Power Plant Unit No. 1 - Docket No. 50-400 Emergency Preparedness Exercise Request for Exemption. (9 l pages) PDR # 8603110363
2. 4/8/66 LtrtoHaroldDentonfromWellsEddleman(3pages)

PDR # 8604080127 1

3. 4/22/86 USNRC Affadavit Docket No. 50-400 (17 pages)

PDR # 8604240106

4. 5/15/86 Memo for Chilk thru Stello from Christenbury, subject:

Request for Hearing in Connection With Application for i Exemption From 10 CFR Part 50, Appendix E Section IV, F.1 '

For Shearon Harris Facility. (27 pages) PDR # 8605200363

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5. 6/16/86 Memo for Chilk thru Stello from Christenbury, subject: l Request by Carolina Power and Light Company To Hold  !

Exemption Request in Abeyance. (2 pages) PDR #8606170100 j l

6. 7/17/86 Memo for Chilk from Christenbury, subj: Request by )

Carolina Power and Light Company That The Staff Resume  ;

Active Review of Exemption Application. (2 pages) PDR # )

8607240160 '

7. 7/24/86 Affadivt USNRC Shearon Harris Nuclear Power Plant (11pages)PDR# 8607290268
8. 8/1/86 Ltr to Crm. Zech and Comissioners from E.E. Utley (3 pages) PDR # 8608060212
9. 8/5/86 Ltr to Comissioners from Wells Eddleman (4 pages)

PDR # 8608060193

10. 8/9/86 Ltr to NRC from Virginia Ryan w/ attachments (6 pages)

PDR # 8608130184 l 11, 8/14/86 LtrtoZechfromJoeHackney(2pages) PDR # 8608190218 12, 8/28/86 Affadavit in the Matter of Carolina Power and Light Conoany and North Carolina Eastern Municipal Power Agency Doc (et No. 50-400 OL (10 pages) PDR # 8609020135

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L Re: F0!A-87-19 APPENDIX D l (Continued) l

13. 9/17/86 LtrtoZechfromWilburP.' Gulley (1page)

PDR # 8609290206  !

14. 9/22/86 Affadavit in the Matter of Carolina Power and Light Company and North Carolina Eastern Municipal Power Agency,  :

Docket No. 50-400 OL (2 pages) PDR # 8609290024 .,

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15. 9/18/86 Ltr to Zech and Conunissioners from Marie Hasmond and Dan -

Banner (7pages) PDR # 8610060171

16. 9/23/86 Affadavit In the Matter of Carolina Power and Light Company and North Carolina Eastern Municipal Power Agency Docket No. 50-400 OL (9 pages) PDR # 8609290154
17. 9/25/86 Affadavit In the Matter of Carolina Power and Light Comsany and North Carolina Eastern Municipal Power Agency, ,

Doccet No. 50-400 OL (9 pages) PDR # 8609290054 18, 9/24/86 Order In the Matter of Carolina Power and Light Company and horth Carolina Eastern Municipal Power Agency Docket i No. 50-400 OL (2 pages) PDR # 8609290227

19. 10/6/86 Affadavit: Brief of Intervenors Wells Eddleman and Coalition For Alternatives to Shearon Harris Pursuant to Order of the Consission dated September 12,1986(71 pages) PDR # 8610080277
20. 10/14/86 Affadavit: Applicant's Response to Cash /Eddleman Brief on Exemption Request (46 pages) PDR # 8610200114
21. 10/17/86 Affadavit: NRC Staff's Response to the Commission's Order Dated September 12, 1986 on Fact Issues Involved in Exemption Request On Carolina Power and Light Company (38 I pages) PDR # 8610210069
22. 10/29/86 Affadavit: Attorney General's Motion Regarding Applicants' Request For Exemption From Portion of 10 CFR Part 50, Appendix E, i IV. F.1 (8 pages) PDR # 8610300117
23. 11/4/86 Ltr to Lacy Thornburg from Harold Denton w/ attachment (4 pages) PDR # 8611060337
24. 11/4/86 Affadavit: Applicants' Response to NCAG Motion To Dismiss Exemption Request as Moot (10 pages) PDR f 8611070074

Re: F01A-87-19 APPENDIX D (Continued)

25. 11/18/86 Affadavit: NRC Staff Response to North Carolina Attorney General's Motion Regarding Applicant's Request For Exemption From Portion of 10 C.F.R. Part 50, Appendix E, 9 IV.F.1 (10pages) PDR # 8611200116
26. 11/19/86 Ltr to Chilk from Thomas Baxter (7 pages) PDR # 8611240182
27. 12/5/86 Affadavit: Memorandum and Order (19 pages) PDR #

8612080535 f

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i' Re: F01A-87-19 APPENDIX E ,,;

Category One DOCUMENTS BEING PLACED IN PDR UNDER FILE FOLbER 87-19

1. 7/17/86 Memo for Chilk from Christenbury, subject: Request By Carolina Power and Light Company That The Staff Resume 4

Active Review Of Exemption Application. (2 pages)

2. 9/2/86 Memo for Rubenstein from M6tth'ws, e subject: Searon Harris

-CP&LExerciseExemptionRequest(1page)

3. 12/3/86 For Affirmation, Thursday, December' 4,1986,

Subject:

SECY-86-352 - Request For Hearing On Shearon Harris Exemption Request. (1 page)

4. 12/5/86 Memo for Crm. Zech and Commissioners from John C. Hoyle, subject: Staff Requirements Memorandum (2 pages)

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I Re: FOIA- 87-19 ._

APPENDIX F RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION Category One All Records Withheld in Entirety Pursuant to Exemption 5

1. Undated Draft Memorandum and Order, Docket No. 50-400 OL, (19 pages). *
2. Undated Draft Memorandum and Order, Docket No. 50-400 OL, (18 pages).
3. Undated Draft Memorandum from W.C. Parler to the Commission,

Subject:

" Request For Hearing On Shearon Harris Exemption Request," (2 pages) sent to the Commission on 11/17/86, w/ attached draft Memorandum and Order, Docket No. 50-400 OL, (19 pages).

4. Undated Attachment to item 29, Appendix B: Draft Memorandum and Order, Docket No. 50-400 OL, (19 pages).
5. 11/26/86 Vote Sheet of Commissioner F. Bernthal re: SECY 86-352 (1 page).

6.' 12/1/86 pages). Vote Sheet of Chairman Zech re: SECY 86-352 (2

7. 9/4/86

~(1 page). Vote Sheet of Commissioner K. Carr re: SECY 86-254

8. 12/2/86 (7 pages). Vote Sheet of Commissioner K. Carr re: SECY 86-352

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Nuclear Information and Resource Service 1616 P Street, N.W., Suite 160, Washington, D.C. 20036 (202) 328-0002 January 6, 1987 Donnie Grimsley FREtiUO;w OF 6MORidA1och Division of Rules and Records ACT REQUEST office of Administration US Nuclear Regulatory Commission g ,,,,p 7 /

Washington, DC 20555

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FREEDOM OF INFORMATION ACT REOUEST

Dear Mr. Grimsley,

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 pertaining to the request by Carolina Power and Light to exempt the Shearon Harris plant from the requirement to hold an emergency drill one year prior to operation above five percent capacity.

Please consider " documents" to include reports, studies, test results, correspondence, graphs, charts, diagrams, notes and summaries of conversations and interviews, computer records, and any other forms of written communication, including internal NRC Staff memoranda.

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

1. The Coalition for Alternatives to Shearon Harris (CASH) request for hearings on the CP&L petition for an exemption from the requirements to hold a full scale emergency drill at least one year prior to operation above five percent power.
2. NRC document SECY-86-352. (Please include SECY-86-352 itself.)

In your response, please provide a list of offices to which this request was forwarded.

In our opinion, it is appropriate in this case for you to waive search charges, pursuant to 5 U.S.C. 522 (a) (4) (A) "because furnishing the information can be considered as primarily benefiting the general public." The Nuclear Information and

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/. s Resource Service is a non-profit organization serving local organizations concerned about nuclear power and provides information to the general public, members of Congress, State and local officials.

If you have any questions about the nature of this request, please contact me by phone at 328-0002. We look forward to your prompt reply.

Sincerely, l' I M

Stephanie Murphy

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