ML20206S788

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Final Response to Appeal of Denial of FOIA Request for Documents.All Documents Either Completely or Partially Withheld (Ref FOIA Exemption 6)
ML20206S788
Person / Time
Issue date: 09/16/1986
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Puntenney J
SAFE ENERGY COALITION OF MICHIGAN
References
FOIA-86-245, FOIA-86-A-143 NUDOCS 8609220371
Download: ML20206S788 (1)
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Text

+% ,o UNITED STATES 900-0k F[.

,, NUCLEAR REGULATORY COMMISSION g  ; WASHINGTON, D.C. 20555

%*****/ September 16, 1986 CFFICE OF THE SECRETARY Jennifer E. Puntenney Executive Director Safe Energy Coalition of Michigan P.O. Box 331 IN RESPONSE REFER flonroe, Michigan 48161 TO 86-A-143(86-245)

Dear Ms. Puntenney:

This letter responds to your August 17, 1986 appeal of our denial of documents in our July 14, 1986 response to FOIA 86-245.

In response to your appeal, the documents withheld pursuant to this request were re-reviewed. Accordingly, I affirm the agency's initial action with regard to all of the documents. As Mr. Grimsley advised you in his letter of July 14, 1986, several documents are undergoing further review regarding their proprietary status.

Virtually all of the documents that are the subject of this appeal are being withheld either in whole or in part pursuant to F0IA Exemption 6, 5 U.S.C. 552(b)(6), as constituting a clearly unwarranted invasion of personal privacy. These documents are similar to personnel. files.

Further, no public interest in the disclosure of this information has been alleged. ~See Department of the Air Force v. Rose, 425 U.S. 352 (1976); Public CTtizen Health Research Group v. Department of Labor, 591 F.2d 800 (D.C. Cir. 1978). Indeed, no reason whatsoever was stated in support of this appeal.

The documents or portions of documents withheld pursuant to Exemption 5 of the Freedom of Information Act (F0IA) are part of the Commission's predecisional processes. The purpose of the deliberative process privilege is to " prevent injury to the quality of agency decisions."

NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 151 (1975). Disclosure of these predecisional documents would be likely to " stifle honest and frank comunication within the agency." Coastal States Gas Corp. v.

Department of Eneroy, 617 F.2d 854, 866 (D.C. Cir. 1980). In addition, Document 97 on Appendix B is a draft.

This letter represents final agency action on your August 17, 1986 F0IA Appeal. Judicial review of the denial of documents is available in Federal district court in the district in which you reside or have your principal place of business, or in e District of Columbia.

S' ncere amuel J hilk

/ Secretaryiof the Commis on 8609220371 860916 PDR FOIA PUNTEN86-A-143 PDR

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1 Ms. Jennifer. E. Puntenney '

Safe Energy Coalition of Michigan '

P.O. Box 331 IN RESPONSE REFER iMonroe, MI 48161 '\ ;j TO F0!A-86-245

Dear Ms. Puntenney:

This-is in partial response to your letter dated March 24, 1986, in which you" requested, pursuant to the Freedom of Information Act .(F0IA), copies of three categories.of records regarding the Fermi 2 nuclear power plant.

t, The documents' identified on the enclosed Appendix A are being placed in the NRC Fublic Docunent Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-86-245 in your name. The documents are also .

being placed;in the Local Public Document Room (LPDR) for Fermi located at the

, Monroe County L'ibrary System, 3700 S. Custer Road, Monroe, MI 48161.

The documents idhntified on enclosed Appendix 8 were located in the Office of Investigations' Program Review of the Fermi Safeteam file. The release determination is indicated beside each document description. The four

>- documents identified by asterisks on Appendix B are undergoing further review to determine their releasability. We will notify you upon completion of the review. Information being withheld p'ursuant to Exemption (6) consists of personal information the release of which would constitute a clearly

. L' unwarranted invasion of personal privacy. The information is being withheld pursuant to Exemption (6) of the F0IA, 5 U.S.C. 552(b)(6), and 10 CFR 9.5 (a)(6) of the Commission's regulations. Information being withheld pursuant to Exemption (5) consists of the predecisional analyses, opinions, and recommendations of the staff. Because1the information reflects the ptedecisional process of the staff, the information is exempt from mandatory' disclosure pursuant to A Exemption (5) Of the F01A, 5 U.S.C. 552(b)(5), and theJCommission's regulations at 10 CFR 9.5(a)(5). Release of the information would; tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The.

releasable portions of the documents on Appendix B are being placed in PDR folder.F0iA-86-245 and in the LPDR. The information being withheld in its entireEy contains no reasonably segregable factual portions.

Pursu$nt to 10 CFR 9.15 of the Commission's regulations, it has been determined that ti,e information withheld is exempt from production or disclosure;and that its production or disclosure is contrary to the public interest. The person responsible for this denial is Mr. Ben B. Hayes, Director, Office, of 4 Investigatfons.

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. Ms. Punter

  • This denial may be appealed to the Secretary of the Commission within 30 days.

from the rec (1pt 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."

i The search for and review of documents that are subject to your request are continuing. We will notify you upon completion of the search and review.

l Sincerely, nstW

  • 4r Donnie H. Grimsley, Director Division of Rules and Records Office of Administration 1

Enclosures:

As stated

(

. . a Appendix A F0!A 86-245

1. Undated Allegation data input form and Allegation Computer Update Sheet (2 pages)
2. 06/13/85 Memo to B. Hayes from J. G. Keppler re: Request for Program Review of the Fermi SAFETEAM (1 page)
3. 07/09/85 Memo to P. M. Byron from C. H. Weil re: Fermi SAFETEAM Concern No. 676 (50-341) (1 page)
4. 07/15/85 Preliminary Notification of Event or Unusual Occurrence--PNO-III-85-58 (1 page) -
5. 07/17/85 Preliminary Notification of Event or Unusual Occorrence--PNO-III-85-58A (1 page)
6. 07/17/85 Memo.to P. Byron from W. J. Kaczor re: SAFETEAM Concerns (1 page)
7. 07/25/85 Memo to E. T. Pawlik from C. H. Weil re: Fermi SAFETEAM Concern No. 676 (50-341) (1 page)
8. 08/05/85 Memo to E. Pawlik from C. H. Weil re: Fermi SAFETEAM Concern Nos. 665 and 673 (1 page)
9. 08/08/85 Preliminary Notification of Event or Unusual Occurrence--PNO-III-85 __ (1 page)
10. 09/10/85 Presentation Outline (draft) (25 pages)
11. 10/85 Handwritten notes for presentation to the Monroe County Commissioners on 10/10/85 (2 pages)
12. 12/11/85 Note to J. G. Keppler from A. 8. Davis re:

Fermi Diesel Generators (4 pages)

13. Undated Handwritten notes " Fermi Items" (1 page)
14. Undated S&W Evaluation Completion of Engineering Work (2 pages)
15. Undated Handwritten notes re: Bearing Failure on the -

Emergency Diesel Generators at Fermi 2 (6 pages)

16. 01/24/86 Agenda - Equipment History Problems Other Causes Corrective Action Schedule (36 pages)

i FOIA 86-245'-

APPENDIX A CONTINUED n

17. 02/14/86 Presentation NRC - Detroit Edison Management Meeting to Discuss Emergency Diesel Generator Issues, Glen Ellyn, Illinois (8 pages) 118. 02/14/86 NRC - Detroit Edison Management Meeting to Discuss Emergency Diesel Generator Issues (8 pages)
19. 02/28/86 Memo from E. G. Greenman to N. J. Chrissotimos re: Fermi 2 South Reactor Feedwater Pump Turbine Failure (DN50-341) (15 pages)
20. ~03/11/86 Memo from E. G. Greenman to J. G. Keppler re: Fermi Status w/ enclosures (250 pages)
21. 03/12/86 Slides re: Commission Briefing on Fermi 2 ~

Status (5 pages) 2 L-

I Re: F0IA-86-245-APPENDIX B Documents Located In Office of Investigations' Program Review of Fermi-Safeteam File DOCUMENT DATE DOCUMENT DESCRIPTION RELEASE DETERMINATION

1. 10/04/85 Memo for Keppler from Hayes Release Request for Program Review of Fermi Safeteam Program
2. 10/29/85 Memo for Norelius from CWeil Release Office of Investigations' Review of The Fermi Safeteam (50-341)(AMS No. RIII-85-A-017)
3. 8/16/85 Memo for Youngblood and Haass Release from Taylor:

Your joint memorandum concerning audit of Safeteam activities at Fermi 2

  • 4. 7/31/85 01 Program Review of Fermi Portions being released, Portion being denied - Exemption 6, portions undergoing review ATTACHMENTS TO 01 PROGRAM REVIEW 0F FERMI SAFETEAM i 5. 1/3/85 Attachment 1: Memo from Kaczor Release to Jens
  • 6. Undated Attachment 2: Form Portions undergoing Review, Portions being denied, Exemption 6 t s w - - -e , -- w - - - - -

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Re: F01A-86-245 APPENDIX B (cont'd)

DOCUMENT DATE DOCUMENT DESCRIPTION RELEASE DETERMINATION

  • 7. Undated Attachment 3: Manual Undergoing review
8. Undated Attachment 4: Emergency Release Safeteam Operation Criteria for Handling Nuclear Safety Related (QAL-1 only) Concerns During ,

Emergency Situations

9. Undated Attachment 5: Paper Flow Chart Release
10. Undated Attachment 6: Concern Report Release Form
11. Undated Attachment 7: Safeteam Release
12. 12/1/83 Attachment 8: Safeteam Release Investigation Duties
13. Undated Attachment 9: Personnel Job Release Descriptions and Critical Functions
14. 5/17/85 Attachment 10: Safeteam - Release Future - Now until Connerical Operation
15. 6/18/85 Attachment 11: Memo from Kaczor Release to teach
16. Undated Attachment 12: Weekly Status Release Report
  • 17. Undated Attachment 13: Safeteam Exit Portions Interview Process Undergoing Review, Portions Being Denied Under Exemption-6
18. 6/19/85 Attachment 14: Resume Portions being Released, portions Being Denied -

Exemption 6

19. 6/19/85 Attachment 15: Pesume Portions Being Denied Exemption 6 2

s Re: F01A-86-245 l, APPENDIX B (cont'd)

DOCUMENT DATE- DOCUMENT DESCRIPTION RELEASE DETERMINATION

20. Undated Attachment 16: Resume Denied, Exemption 6 in its entirety
21. Undated Attachment 17: Resume Denied, Exemption 6 '

in its entirety

22. Undated Attachment 18: Resume Denied, Exemption 6 in its entirety
23. Undated Attachment 20: Resume Denied, Exemption 6 in its entirety
24. 2/8/84 Attachment 21: Resume Denied, Exemption 6 in its entirety
25. Undated Attachment 22: Resume Denied, Exemption 6 in its entirety
26. Undated Attachment 23: Resume Denied, Exemption 6 in its entirety
27. Undated Attachment 24: Resume . Denied, Exemption 6 in its entirety
28. Undated Attachment 25: Resume Portions being W/ attached job description denied, Exemption 6
29. Undated Attachment 26: Resume Denied, Exemption 6 in its entirety
30. Undated Attachment 27: Resume Denied, Exemption 6 in its entirety
31. Undated Attachnent 28: Resume Denied, Exemption 6 in its entirety
32. 6/18/85 Attachment 29: Handwritten Memo Release from Harold Walker
33. 4/8/85 Attachment 30: Memo to DECO Portions Being Denied - Exemption 6
34. 6/20/85 Attachment 31: Resume Denied, Exemption 6 in its entirety
35. 6/20/85 Attachment 32: Resume Denied, Exemption 6 in its entirety 3

1 Re: F01A-86-245 APPENDIX B (cont'd)

DOCUMENT-DATE DOCUMENT DESCRIPTION RELEASE DETERMINATION

36. 6/20/85' Attachment 33: Resume Denied, Exemption 6 in its entirety
37. 6/20/85 Attachment 34: Resume Denied, Exemption 6 4 in its entirety
38. 6/20/85 Attachment 35: Resume Denied, Exemption 6

, in its entirety

39. 6/20/85 Attachment 36: Resume Denied, Exemption 6 in its entirety
40. 6/20/85 Attachment 37: Resume Denied, Exemption 6 in its entirety
41. 6/20/85 Attachment 38: Resume Denied, Exemption 6 in its entirety
42. 6/20/85 Attachment 39: Resume Denied, Exemption 6 in its entirety
43. 6/20/85' Attachment 40: Resume Denied, Exemption 6 in its entirety
44. 6/20/85 Attachment 41: Resume Denied, Exemption 6 in its entirety
45. 6/20/85 Attachment 42: Resume Denied, Exemption 6 in its entirety
46. 6/20/85 Attachment 43: Resume Denied, Exemption 6 in its entirety
47. 6/20/85 Attachment 44: Resume Denied, Exemption 6 in its entirety
48. 6/20/85 Attachment 45: Resume Denied, Exemption 6 in its entirety
49. 6/20/85 Attachment 46: Resume Denied, Exemption 6 in its entirety
50. 6/20/85 Attachment 47: Resume Denied, Exemption 6 in its entirety
51. 12/2/83 Attachment 48: Memo from Denied, Exemption 6 Kunkle to Heffner in its entirety 4

l

. d Re: F01A-86-245 APPENDIX B (cont'd)

DOCUMENT DATE DOCUMENT DESCRIPTION RELEASE DETERMINATION

52. Undated Attachment 49: Memo from Denied, Exemption 6 Byron: .Safeteam Interview in its entirety 120, Memo to File Dated January 10, 1984
53. 5/15/84 Attachment 50: Memo to Kunkle: Denied, Exemption 6

~

Response to Safeteam Interview in its entirety No. 203

54. 8/17/83 Attachment 51: Memo to Heffner: Denied, Exemption 6 Response to Safeteam Review in its entirety No. 370
55. 12/15/64 Attachment 52: Memo from Release Kunkle to Heffner
56. 2/10/84 Attachment 53: Memo to Kunkle Portions Being Denied Response to Safeteam Interview Exemption 6 No. 460
57. 3/21/84 Attachment 54: Memo to Kunkle Portions Being Denied Response to Safeteam Intereview Exemption 6 No. 470
58. 10/25/84 Attachment 55: Memo to Kunkle. Portions Being Denied Final Response to Safeteam Exemption 6 Interview No. 487 59, 3/8/84 Attachment 56: Memo to Kunkle Portions Being Denied Response to Safeteam Interview Exemption 6 No. 495
60. 10/1/84 Attachment 57: Memo to Kunkle Portions Being Denied Final Response to Safeteam Exemption 6 Interview. No. 543
61. 1/24/85 Attachment 58: Memo to Kunkle Portions Being Denied Response to Safeteam Interview Exemption 6 No. 565
62. 5/16/85 Attachment 59: Memo to CWeil Portions Being Denied from Byron Exemption 6
63. Undated Attachment 60: Non Manual Portions Being Denied Exemption 6
64. 6/11/85 Attachment 61: Memo from Kaczor Portions Being Denied to Bryon Exemption 6 5

Re: F0IA-86-245 APPENDIX B (cont'd)

DOCUMENT DATE DOCUMENT DESCRIPTION RELEASE DETERMINATION

65. 11/29/84 Attachment 62: Memo to Kunkle Portion Being Denied Final Response to Safeteam Exemption 6 Interview No. 1368
66. 4/12/83 Attachment 63: Project Safeteam Portions Being Denied Report Exemption 6

-67. 4/12/83 Attachment 64: Project Safeteam Portions Being Denied Report Exemption 6

68. 11/16/83 Attachment 65: Memo to_Heffner Portions Being Denied Response to Safeteam Review Exemption 6 No. 28-B
69. 4/13/83 Attachment 66: Project Safeteam Portions Being Denied Report Exemption 6
70. 1/13/84 Attachment 67: Letter from DECO Portions Being Denied re Concern Heffner No. 39 Exemption 6
71. 11/28/83 Attachment 68: Memo from Kunkle Portions Being Denied to Heffner Exemption 6
72. 1/13/84 Attachment 69: . Letter from Deco. Portions Being Denied i:xemption 6
73. i.,8/k aticchneset 70: Merc tc Laticr Portions Beit.g Deined Exemption 6
74. 12/27/83 Attachment 71: Letter from Portions Being Denied Deco to Concern (Heffner) No. 56 Exemption 6
75. 11/16/83 Attachment 72: Memo to Kunkle Portions Being Denied to Heffner Exemption 6 7e. 2/6/85 At tact::,ies.t /3: Meir.o to Kaczor Portions Being Denied Li e 4. . mi, 6 i . . . . , . , P3 /.' y a i i u c. ', 4 - -

Li u r frt in h i i t:.:, bcit.p 1:e:2ied

. l.t -i r ' c fr i c t rn No.158 Exemption 6

78. 11/29/84 Attachment 75: Memo from Portions Being Denied Kaczor to Kunkle Exemption 6 6

Jhe: F01A-86-245 APPENDIX B (cont'd)

DOCUMENT DATE DOCUMENT DESCRIPTION RELEASE DETERMINATION 79.-5/11/83 ~ Attachment 76: Form Portions Being Denied Exemption 6

80. 11/11/83

. Attachment 77: Letter to Portions Being Denied Heffner Co Concern No. 0243 -Exemption 6 81._7/28/83 Attachment 78: Form Portions Being Denied Exemption 6

82. 10/6/84 Attachment 79: Memo from Kaczor Release Co. Kunkle
83. 8/24/84 Attachment 80: Form Portions Being Denied Exemption 6
84. 6/4/84 Attachment 81: Letter from Portions Being Denied Heffner to Concern No. 407 Exemption 6
85. Undated- Attachment 82: Form Portions Being Denied Exemption 6
86. 2/4/84 Attachment 83: Letter from Portions Being Denied Heffner to Concern No. 439 Exemption 6
87. Undated Attachment 84: Form Portions Being Denied Exemption 6
88. Undated Attachment 85: Form Porticri E.e'ng 02112d Exemption 6
89. Undated Attachment 86: Form Portions Being Denied Exemption 6
90. 10/5/64 Attachment 87: Memo from Kaczor Release ~

to Kunkle

91. 1/27/85 Attachment 88: Memo to Kaczor Portions Being Denied Exenption 6
92. Undated Attachment 89: Form Portions Being Denied Exemption 6 7

Re: F01A-86-245 APPENDIX B (cont'd)

DOCUMENT DATE DOCUMENT DESCRIPTION RELEASE DETERMINATION

93. 5/29/85 Attachment 90: Form Portions _Being Denied Exemption 6 "94. 5/3/84 Attachment 91: Memo from Kunkle Portions Being Denied to Sigedick Exemption 6
95. 2/3/84 Attachment 92: Form Portions Being Denied Exemption 6
96. 10/5/84 Attachment 93: Form Portions Being Denied Exemption 6
97. Undated Various drafts and handwritten Exemption 5 in its comments on the 01 Program Entirety Review of the Fermi Safeteam (approximately 600 pages)
98. Undated Attachnent 19: Resume Denied, Exemption 6 in its entirety 8

SAFE ENERGY COALITION OF MICHIGAN P.O. BOX 331 MONR0E. MICHIGAN 48161 March 24, 1986 Freedom "of Information Officer .

FREEDOM OF INFORMATf0N U.S. Nuclear Regula' tory Commission ACT REQUEST Washington, D.C. 20555 Fo r A- n ass

Dear Sir /Ms.:

b Pursuant the Freedom of Information Act, 5 USC 552 et Seq. as amended, the Safe Energy Coalition of Michigan hereby request material as described belows (1) Copy of the Office of Investigations report and conclusions on the Detroit Edison Company's Fermi 2 nuclear power plant re-garding the July 2nd, 1985 criticality /out-of-sequence control rod incident,

_ (2) Copy of the Office of Investigator and Auditor report and con-clusions on the NRC and its involvement in the Fermi 2 nuclear power plant July 2nd, 1985 criticality incident,

( 3) All internal memos, correspondence, documents, and a copy of the Office of Investigations report and conclusions on the Fermi 2 SAFETEAM (Detroit Edison Co. , Monroe County, Michigan) .

l Pursuant, 5 USC 552 (a) (4)(A), we hereby request waiver of all fees in connection with this request "because furnishing the informa-tion can be considered primarily benefitting the general public." If ,

any fees are to be charged in connection with this request, please '

notify us in advance for approval at the above address or at this telephone number 313-477-3M1 or 313-477-1670. This advance notice shall not be necessary if the fees are to be less than $ 15 00 in total.

We look forward to your response within ten-(10) business days after you receive this request, as specified in the Act, (FOIA). Thank you for your hhlp in this matter. l Sincerely,

  • G b- VI 6

9g (

Jenn fer E. Puntenne l

__. - . - - . -- - - - - -

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