ML20207F472
| ML20207F472 | |
| Person / Time | |
|---|---|
| Issue date: | 01/02/1987 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-86-274, FOIA-86-A-218 NUDOCS 8701060031 | |
| Download: ML20207F472 (1) | |
Text
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- g'4-jo UNITED STATES 3
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WASHINGTON, D. C. 20555 T.,.....,e JAN 8 W Billie Pirner Garde, Esquire Government Accountability Project Midwest Office IN RESPONSE REFER 3424 Marcos Lane TO F01A-86-A-218 Appleton, WI 54911 (F0IA-86-274)
Dear Ms. Garde:
This is in response to your letter dated October 29, 1986, in which you appealed Mr. Donnie H. Grimsley's letter dated October 15, 1986, which denied in whole or in part 29 documents subject to your Freedom of Information Act (F0IA) request for documents regarding fire protection systems.
By letter dated December 10, 1986, Mr. Samuel J. Chilk addressed 24 of the documents.
This letter addresses the remaining five documents.
Acting on your appeal, I have carefully reviewed the record in this case and have determined that the previously withheld information will continue to be withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations.
Your appeal is, therefore, denied.
Document I listed on the enclosed appendix is a draft which is clearly predecisional because it was prepared prior to and in the course of reaching a final agency decision. This document describes the preliminary staff thinking and, therefore, contains preliminary advice, opinions, and recommendations of the staff. Exemption (5) was intended to permit the agency's withholding of such documents to preserve the free and candid internal dialogue necessary for the careful formulation of agency decisions.
Documents two and five and the withheld portions of documents three and four listed on the enclosed appendix are internal documents which contain the advice, opinions, and recommendations of the staff. Exemption (5) shields from mandatory disclosure documents generated in the deliberative process that precedes most decisions of government agencies.
This is a final agency action. As set forth in the F0IA (5 U.S.C. 552(a)(4)(B)),
judicial review of this decision is available in a district court of the United States in the district in which you reside, have your principal place of' business, or in the District of Columbia.
Sincerely, f
U%
Victor Stello, Jr.
Executive Director for Operations
Enclosure:
As stated 8701060031 870102 PDR FOIA OARDE86-A-218 PDR
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APPENDIX 1.
Undated Draft letter to H. Keiser, Pennsylvania Power & Light Co.,
from T. Murley, NRC, (3 pages) with attached Notice of Violation (3 pages) 2.
3/6/85 Memo to J. Knight from J. Taylor re:
Resource Estimates for Proposed Expedited Fire Protection Inspections (2 pages) 3.
6/18/85 RIDS Routing Form with handwritten note (1 page) 4.
3/20/86 Letter to H. Denton from J. Wojnarowski re: Dresden Stations Units 2 and 3 with handwritten notes (2 pages)
-5.
Undated Typed Comment on Interpretation Three of Appendix R (2 pages), typist sheet (1 page), 9/11/85 handwritten memo to S. Richardson from L. Whitney re:
Interpretation Three (1 page), undated handwritten comments on Intrepretations Three (2 pages) y.
GOVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Awnue, N.W., Suite 202 Woshington, D.C. 20036 (202)232-8550 GOVERNMENT ACCOUNTABILITY PROJECT MIDWEST OFFICE 3424 MARCOS LANE APPLETON, WISCONSIN 54911
- tober 29, 1986
/
Ai' PEAL OF lhlTIAL FotA DEC'50h
((p M /[bbU64 Victor Stello E::e c ut iv e Director for Operatis s g -[ [
U.S. Nuclear Regulat o ry Coma.11.,n
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1 Washington, D.u.
20:05 RE:
Appeal from an initial FCI.a accision of FOIA 86-274 and 86-A-89
Dear Mr. Stolle:
This is an appeal pu r s ua c.; to suusaction a(c) of the Freedom of Information Act Ls an. ended,:
U.S.C.
522), of the actual denial of the Ccmmission to re._ ace cocuments requested on April
~
9, 1966, Ly the Government Accc ntability Proj ect.
By letter datec October 1966, Donnis H.
- Grimsley, Director of the Divis.ar. cf Rule; osia Records, informed us that portions of records 2 and 3 of cppendi:. F are being withheld and all records listed en Appendt:
C, D,
and E, and records 1 and 4 on appe ndi:: F were being withhc. in their from disclosure in their entirety purcuant to FOIA E>:emption 5 because they would tend to innibit the open and f ra nk e:: chang e of ideas assential to the deliberative process.
We believe we are entitled to the release at the documents being withheld.
We e:< pe c t your racponse to this appeal within 20 working days of your receipt so that we can determine whether to pursue this matter further in the court.s.
Thank you for your consiceration of this appeal.
S i r, c e r e l y,
A/ 60AZ$f Billie Pirner Garde Director, Envi ronn ental Whistleblower Clinic db
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- UNITED STATES
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Oct 151936 Ms Billie Pirner Garde, Director Go.ernment Accountability Project Midwest Office IN RESP 0l!SE REFER 3424 Marcos Lane TO F01A-86-274 AND Appleton, WI 54911 86-A-89
Dear Ms. Garde:
This is in further response to your letter dated April 9,1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of records relevant to and/or generated in connection with all information developed since January 1,1985, regarding Fire Protection Systems, Appendix R, and any proposed or contemplated changes in the regulations or the NRC's operating policies about fire protection, including any and all differing professional opinions (DP0s), and any memoranda evaluating the DP0s including but not limited to evaluations by the Office of the General Counsel or the Executive Legal Director.
The records listed on the enclosed Appendix B are already publicly available for inspection at no charge and/or copying for a fee at the NRC Public Document Room (PDR), located at 1717 H Street, NW, Washington, DC 20555. The PDR accession number is indicated beside each document description on the appendix.
In addition, the first record listed on the enclosed Appendix G is being placed in the PDR in folder F01A-86-274 The second record listed on Appendix G was located during the initial search for records. During the preparation of this response letter, a search for this record was conducted by the FOIA staff and the OGC staff but a copy could not be located.
The final version of the record was released to you as record A-77 in my second response letter to you dated June 19, 1986.
Portions of records 2 and 3 of Appendix F are being withheld and all the records listed on the enclosed Appendices C, D, and E, and records 1 and 4 listed on the enclosed Appendix F are bein as predecisional pursuant to Exemption (5)g withheld in their entirety (5)) and of the F0IA (5 U.S.C. 552(b) 10 CFR 9.5(a)(5) of the Commission's regulations.
Release of these records would tend to inhibit the open and frank exchange of ideas essential to the deli'erative process. These records do not contain any reasonably segregable o
portions because any facts are inextricably intertwined with exempt portions.
The nonexempt portions of record 2 of Appendix F are being placed in the PDR in folder FOIA-86-274 Pursuant to 10 CFR 9.9 and 9.15 of the Coninission'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 persons responsible for the denials of the records listed on Appendices C and D are the undersigned and James A. Fitzgerald, Assistant General Counsel for Adjudications and Opinions (Appendix C) and John D. Hoyle, Assistant Secretary of the Coninission (Appendix D). The persons responsible UhYf
a Ms. Garde for the denials of the records listed on Appendices E and F are the undersi and Dr. Thomas E. Murley, Regional Administrator, NRC Region I (Appendix E)gned and James M. Taylor, Director, Office of Inspection and Enforcement (Appendix F).
The denials by Dr. Marley, Mr. Taylor, and me may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, 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 FOIA Decision." The denials by Messrs. Hoyle and Fitzgerald may be appealed within 30 days to the Commission and should be addressed to the Secretary of the Comission.
This completes NRC action on this request.
In light of this response, we are taking no further action on your letter dated May 18, 1986, appealing our lack of response to your request.
Sincerely, 6L~s NACsy Donnie H. Grimsley, Director Director of Rules and Records Office of Administration
Enclosures:
As stated 1
RECORDS ALREADY AVAILABLE IN NRC PDR RE: FOIA-86-274 APPENDIX B 1.
2/14/85 Letter to Harold R. Denton from J. Michael McGarry, III, re:
Report of the NRC Fire Protection Policy Steering Comittee (16pages) PDR Accession No. 8502200144 2.
7/00/85 NUREG-1148, " Nuclear Power Plant Fire Protection Research Program" (32 pages) PDR Accession No. 8508080059 3.
10/25/85 Memo for James G. Keppler and A. Bert Davis from Charles Ramsey Thru Paperiello, Reyes, and Guldemond, re:
Request by the Commissioners for the DP0 Originators to write a Sumary Statement regarding their position on the Fire Protection Policy Steering Comittee's Recomendations contained in Generic Letter 85-01 (12 pages)
PDR Accession No. 8604250087 4.
12/19/85 SECY-85-3068, re:
Staff Recomendations regarding the Implementation of Appendix R to 10 CFR 50 (8 pages)
PDR Access e n No. 8601140366 5.
4/11/86 Memorandum from Francis Akstulewicz, re: Summary of April 1,1986 Meeting with Utility Representatives concerning the -
pending Fire Protection Schedular Exemption for the Switchgear Room (6pages)PDRAccessionNo. 8604170464 4
s
I RECORDS WITHHELD IN intIR ENTIRETY RE: FOIA-86-274 a
APPENDIX C 1.
Undated Handwritten notes of P. Bo11werk, re:
10/3/85 Commission Meeting concerning the status of interpretation of Appendix R (9 pages) 2.
Undated Handwritten notes of P. Bollwerk, re:
Interpretation of Appendix R (2 pages) 3.
Undated Draft, re: SECY-85-3068(5pages) 4.
Various Notes of S. Crockett, re: Appendix R (10 pages) 5.
10/16/85 Draft, re:
Fire Protection and Interpretation Appendix R (17 pages) 6.
10/17/85 Memo for Johnston from Crockett, re:
Fire Protection, with enclosure ( 20 pages) 7.
10/24/85 Memorandum from M. G. Malsch to N. Palladino, Chairman and T.
Roberts, J. K. Asselstine, F. Bernthal, and L. Zech, re:
Staff Interpretations of Appendix R (20 pages) 8.
11/7/85 Notes of S. Crockett, re: Conversation with Reamer and Appendix R (1 page)
- 9.
1/10/86 Memorandum from H. G. Malsch, "SECY-85-3068 (Standard License Condition on Fire Protection)" (1 page)
- Previously withheld under FOIA-86-194
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. RECORDS WITHHELD IN h lR ENTIRETY RE: -FOIA-86-274 APPENDIX D 1.
9/9/85 Briefing paper on Fire Protection (3 pages) 2.
9/9/85 Draft SECY paper, re: Staff Recommendations Regarding the Implementation of Appendix R to 10 CFR 50 with hand-written notations (10pages) 3.
9/24/85 Collegial Comission Correspondence Response Sheet, re:
Request for response to draft letter to Rep. Markey on fire protection at~ Davis-Besse, with attached draft and copy of Markey request letter of 8/12/85 (7 pages) 4.
10/2/85 Memorandum from Polk to N. Palladino, re: Briefing Notes for Appendix R (3 pages) 5.
10/3/85 Note from Polk to N. Palladino, re: Appendix R Questions (3pages) 6.
10/15/85 Handwritten note to Norm, re: Modification of Staff Require-ments Memorandum from 10/3/85 meeting on subject of " Status of Interpretation of Appendix R - Fire Protection" (3 pages) 7.
10/15/85 Memo from S. J. Chilk to Comissioners, re:
" Staff Require-ments Memorandum" with enclosed 2-page draft memo from S. J.
Chilk to W. J. Dircks, " Staff Requirements - Status of Inter-pretation of Appendix R - Fire Protection, 2:00 p.m.,
Thursday, October 3,1985..."
8.
11[5/85 Note fmm Polk to N. Palladino, re: Vote sheet for SECY-85-306(1page) 9.
11/5/85 Vote sheet of N.'Palladino, re: SECY-85-306, with coments,
(3pages)
- 10.
2/10/86 Vote sheet of J. K. Asselstine, re: SECY-85-306, with coments (5pages) j
- 11.
2/22/86 Vote sheet of F. Bernthal, re: SECY-85-306 (1 page)
- 12.
2/18/86 Vote sheet of L. Zech, re: SECY-85-3068, with coments (4 pages)
- 13.
2/27/86 Vote sheet of T. Roberts, re: SECY-85-3068, with comments (3pages)
- 14.
2/27/86 Vote sheet of T. Roberts, re: SECY-85-306 (1 page) 15.
Undated Draft of Chainnan Palladino's opening statement at 10/3/85 Comission Meeting, re:
Inplementation of Fire Protection Requirements (2pages)
- Previously withheld under F01A-86-194
., RECORD WITHHELD IN I'i. ENTIRETY RE: F01A-86-274 APPENDIX E 1.
Undated Letter to Pennsylvania Power & Light Co. (H. W. Keiser) from Thomas E. Murley, with attached Notice of Violation (6 pages) l l
1
RECORDS WITHHELD / PAR
.LLY OR TOTALLY RE: FOIA-85-274 AIPENDIX F L
(T)1.
3/6/85 Memo for James Knight from James M. Taylor, re: Resource Estimates for Proposed Expedited Fire Protection Inspections (2 pages) - Exemption 5 (P)2. 6/18/85 RIDS routing form (Handwritten notes only withheld) (1 sheet) -
Exemption 5 NOTE: Attached letter dated 6/18/85 from L. F. Dale to Harold R. Denton, re: Appendix R to 10 CFR 50, Pro >osed Exception Related to Safe Shutdown Systems, with attaciments can be found in the PDR, PDR Accession No. 8506210120/PDR/ADOCK/
50-416F (18 pages)
(P)3.
3/20/86 Letter for Harold R. Denton from J. R. Wojnarowski, re: Dresden Station Units 2 and 3. Appendix R Exemption Requests - Additional Information Regarding Revised 10 CFR 50.12 (Handwritten notes on first page only withheld) (1 page) NOTE: A non-annotated version of this 2-page letter can be found in the PDR, POR Accession No.
8603310110 t
(T)4. Undated Typed cmunents on Interpretation Three of Appendix R, with attached typist sheet (3 pages) and a.
9/11/85 memo for Steven D. Richardson from Leon E. Whitney, re:
Interpretation Three (1 page) b.
Undated handwritten comments regarding interpretation three (2legalsheets)
T = Totally withheld P = Partially withheld I
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RE: FOIA-86-274 APPENDIX G 1.
8/23/85 Letter to William J. Dircks from William G. Counsil, re:
Draft Report of NRC Fire Protection Policy Steering Committee (5pages) 2.
Undated Memo to William Dircks from Fire Protection Policy Steering Committee, re: Updated Recommendations on Fire Protection Policy and Program Actions (6 pages)
'G'OVERNMENT ACCOUNTABILITY PROJECT 1555 Connecticut Awnve. N.W., Suite 202 Woshington, D.C. 20006 (202)202-8550 April 9, 1986 FREEDOM OF INFORMATION ACT REQUEST FREEDOM OF HFORMADON Director ACT REQUEST Office of Administration
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Nuclear Regulatory Commission Washington, D.C.
20555 To Whom It May Concern:
Pursuant to the Freedom of Information Act ("FOIA"), 5 USC 552, the Government Accountability Project (GAP) requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, legs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer runoffs, reports, and any and all other records or reports relevant to and/or generated in connection with all information developed since January 1, 1985 regarding Fire Protection Systems, Appendix R, and any proposed or conntemplated changes in the regulations or the NRC's operating policies about fire protection, including any and all differing professional opinions (DPOs), and any memoranda evaluating the DPOs including but not limited to evaluations by the Office of General Counsel or the Executive Legal Director's Office.
This request includes all agency records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NRC official, " Working," investigative or other files, or at any other location, including private residences.
If any records as defined in 10 C.F.R. 9.3a(b) and the NRC manual, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implomont the action (s).
1 GAP requests that foes be waived, because " finding the information can be considered as primarily bonofitting the general public," 5 USC section 552 (a) (4) (a).
GAP is a non-profit, non-partisan public intorest organization concerned with honest and open government.
Through public outreach, the Project j
promotes whistleblowers as agents of government accountability.
Director, Office of Administration Page Two Through its Environmental Whistleblower Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the health and safety of their communities.
We are requesting the above information as part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.
For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and derscribing the documents or portions of documents withheld.
The iindex should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.
This index is required under Vaughn v. Rosen (I), 484 F.2d.
section 820 (D.C. Cir. 1973), cert. denied, 415 U.S.
section 977 (1974).
We look forward to your response to this request within ten working days.
Sincerely, Billie Pirner Garde Director, Environmental Whistleblower Clinic BPG:41909A
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