ML20207F477
| ML20207F477 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 12/24/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| Shared Package | |
| ML20207F482 | List: |
| References | |
| FOIA-86-373, FOIA-86-A-199 NUDOCS 8701060047 | |
| Download: ML20207F477 (3) | |
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UNITED STATES k
NUCLEAR REGULATORY COMMISSION
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Billie Pirner Garde, Esquire Government Accountability Project Midwest Office IN RESPONSE REFER 3424 Marcos Lane TO F01A-86-A-199 i
Appleton, WI 54911 (F01A-86-373)
Dear Ms. Garde:
This is in response to your letter dated October 16, 1986, which appealed Mr. Donnie H. Grimsley's letter dated September 29, 1986, which denied four documents in their entirety and portions of four documents which ware subject to your Freedom of Information Act (F0IA) request for documents concerning the Fermi 2 Health Physics Department.
Acting on your appeal, I have carefully reviewed the record in this case and have determined that some additional information can now be made publicly available. Therefore, your appeal is partially granted and partially denied.
The entire documents one through four and seven and portions of documents five and six which are listed on the enclosed appendix can now be made publicly available and are enclosed.
The remaining withheld portions of documents five and six listed on the enclosed appendix will continue to be withheld from public disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C. 552(b)(6)) and 10 CFR 9.5(a)(6) of the Cont f ssion's regulations. The withheld information consists of home addresses, home and work telephone numbers, social security account numbers, dates of
'y birth, marital status, number of children, height, weight, and salary information concerning employees at Fermi.
I am unable to identify any legitimate public interest in this information which outweighs the privacy interests of the individuals mentioned in these documents.
The initially withheld portions of document eight listed on the enclosed appendix will continue to be withheld from public disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C. 552(b)(6)) and 10 CFR 9.5(a)(6) of the l
Commission's regulations. The withheld information consists of the name, home address, and other identifying information of an individual seeking medical information. Again, I am unable to identify any legitimate public interest in this information which outweighs the individual's privacy interests.
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8701060047 e61224 j
Ms. Garde 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 of the United States in the district in which you reside, have your principal place of business, or in the District of Columbia.
Sincerely,
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Executive Director for Operations
Enclosures:
As stated Y
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._. _ _ _ _ _ _,. _... _ _,. -. -. ~. _
F01A-86-373 Appendix 1.
Undated Inspection Notes (5 pages) 2.
4/3/86 Memo to J. Hind from C. Weil re: Allegations re:
Radiation Protection at Fermi 1 and 2 (50-16; 50-341)(AMS No. RIII-86-A-0053 w/ Allegation Data Input Form (5 pages) (Released) 3.
5/12/86 Inspector's handwritten notes (12 pages) 4.
5/29/86 Memo to E. G. Greenman from J. A. Hind re: Allegation re:
Fermi Radiation Protection Program (50-341)(AMS No. RIII-86-A-0083)
(1 page) (Released) 5.
Undated Trainee Inquiry - Program Status (24 pages) (Portion Released) 6.
Various Resume (119 pages) (Portions Released)
Dates 7.
4/3/86 Memo to J. A. Hind from C. H. Weil re: Allegations re:
Radiation Protection at Fermi 1 and 2 (50-16; 50-341) (AMS No. R111-86-A-0053) (2 copies - one with attachment, one without)
(9 pages) (Released) 8.
5/2/86 Ltr to Detroit Edison re: Whole Body Count (1 page)
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UNITED STATES y
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- E WASHINGTON, D. C. 20555 SEP 29 1986 L'ocket 50-341 Ms. Billie Pirner Garde Government Accountability Project Midwest Office IN RESPONSE REFER 3424 Marcos Lane TO F01A-86-373 AND Appleton, WI S4911 APPEAL 86-A-124
Dear Ms. Garde:
This is in response to your letter dated May 16, 1986, in which you requested, pursuant to the Freedom of Information Act (FOIA), documents related to hRC t
reviews, inspections and evaluations of the Fermi 2 Health Physics Department, from January 1984 to the present.
The documents identified on enclosed Appendix A are being placed in the hRC Public Document Room (POR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-86-373 in your name.
Copies of the documents are also being placed in the Local Public Document Room (LPDR) for Fermi located at the Monroe County Library System, 3700 S. Custer Road, Monroe, MI 48161.
The documents identified on enclosed Appendix B are already in the POR. We have indicated the PDR accession number beside each document description.
Documents identified at numbers 1 through 3 on enclosed Appendix C are bein withheld in their entirety from public disclosure pursuant to Exemption (5)g of the FOIA, 5 U.S.C. 552(b)(5), and 10 CFR 9.5(a)(5) of the Comission's regulations.
Information withheld pursuant to Exemption (5) consists of drafts or records containing the preliminary advice, opinions, and recomen-dations of members of the staff.
Release of this typti of information would i
tend to inhibit the frank and candid exchange of information in future deliberations and thus would not be in the public interest. There are no i
reasonably segregable factual portions because release of the facts would pennit an indirect inquiry into the predecisional process of the agency.
Document 4 on Appendix C is being withheld in its entirety from disclosure pursuant to Exemption (7)(a) of the F0IA, 5 U.S.C.(b)public(7)(A),and 10 CFR 9.5(a)(7)(i) of the Comission's regulations.
Information withheld pursuant to Exemption (7)(A) consists of an investigatory record 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 hRC requiren.ents from investigators.
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Ms. Garde i i
The documents identified on enclosed Appendix D are being released in part and are being placed in PDR folder F01A-86-373 and the LPDR. Portions of the documents are behg withheld from public disclosure pursuant to Exemption (6) of the F0IA, 5 U.d.C. 552(b)(6), and 10 CFR 9.5(a)(6) of the Connission's regulations.
Information being withheld pursuant to Exemption 6 consists of personal information the release of which would constitute a clearly unwarranted invasion of personal privacy.
In addition, portions of Document 3 are being withheld pursuant to Exemption (7)(A) of the F0IA, 5 U.S.C. 552(b)(7)(A), and 10 CFR 9.5(a)(7)(i) of the Commission's regulations for reasons noted above.
Pursuant to 10 CFR 9.9 of the NRC'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 this denial are the undersigned and James G. Keppler, Regional Administrator, Region III.
This denial may be appealed to the NRC's 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 Connission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."
In light of this response, no further action will be taken on your July 16, 1986, letter appealing our lack of response to your request.
Sincerely, M
Donnie H. Grimsley, Director Division of Rules and Records Office of Administration
Enclosures:
As stated l
Appendix A F0IA 86-373 Documents Being Placed in the POR 1.
Various dates Reports of Calibration (10 pages) 2.
Undated Health Physics Equipment - operation (15 pages) 3.
Undated Health Physics Equipment - calibration (14 pages) 4.
Undated Talfl% 4.3.7.11-1. Table 3.3.7.12-1 and Talfl'e 4.3.7.12-1 (10 pages) 5.
Undated Access Control (3 pages) 6.
Undated Health Physics - Surveying and Analysis Procedure, Revision 6 (17 pages) 7.
Undated Objectives (2 pages) 8.
Undated Training Progfam Description (5 pages) 9.
04/03/84 Inspection Report No. 50-16/8401 & 50-341/85-05 (5 pages)
- 10. 04/09/84 Ltr to J. Leman from W. E. Miller re: Closeout of Audit No. A-0A-C-83-04 (11 pages)
- 11. 04/11/84 Ltr to Detroit Edison from C. Paperiello re:
analytical results (5 pages) 12.
05/24/84 Notes on Tech Specs (8 pages) 13.
08/22/84 Ltr to B. J. Youngblood from W. Jens re: Radiation Protection Manager (RPM) Qualifications (9 pages) 14.
09/30/84 Memo to D. Eisenhut from M. Lynch re: NRR SALP Input forFermi2(6pages) 15.
10/01/84 Notes from SALP report (draft) (3 pages) 16.
11/01/84 Ltr to B. Youngblood from Detroit Edison re:
Clarification of Position Regarding NUREG-0737 Post-Accident Sampling and Monitoring Capabilities (7pages) 17.
11/27/84 Memo to R. L. Anderson from J. M. Tozser re:
Sample Line Loss Correction Factors for the SPING and AXM San.ple Lines on the SGTS (8 pages) l
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Appendix A (cont'd)
F0IA 86-373 18.
11/28/84 Memo to Multiple Addressees from E. Schweibinz re:
SALP Board Meeting - Fenni (8 pages) 19.
12/12/84 Response Test Data (13 pages) 20.
12/13/84 Ltr to B. J. Youngblood re: Additional Clarification of Position Regarding NUREG-0737 Post-Accident Sampling and Monitoring Capabilities (10 pages) 21.
Undated Diagram Reactor Water Cleanup Filter Demineralizers (4 pages)
- 22. Undated Waste Collector System Diagram (16 pages) 23.
1985 Detroit Organization charts (4 pages) 24.
01/31/85 Technical Section Surveillance (20 pages) 25.
03/85 EF-2-FSAR (4 pages) 26.
03/14/85 Course Approval (2 pages) 27.
04/24/85 Certificate of Conformance (2 pages) i 28.
05/16/85 Ltr to 8. J. Youngblood from W. Jens re: Post-Accident Sampling and Analyses of Plant Effluents (Radiciodines and Particulates) (4 pages) 29.
05/24/85 Ltr to US NPC from Detroit Edison re:
Transmittal of Licensee Event Report No. 85007 (5 pages) 30.
05/28/85 Ltr to S. Veale from D. Dumas re:
Impact of CRD Rebuild on Radwaste Group (6 pages) l 31.
06/20/85 Memo to Multiple Addressees from E. Schweibinz re:
SALP Board Meeting - Fenni (7 pages) 32.
06/27/85 Ltr to US NRC from Detroit Edison re:
Transmittal of Licensee Event Report No. 85020 i
j 33.
07/13/85 TestAnalysisReport(219pages) 34.
07/31/85 Sample Air Flow Rates (1 page) j 35.
08/30/85 Ltr to US NRC from Detroit Edison re:
semi-annual j
radiological effluent release report (29 pages) 36.
10/08/85 Filter Housings (2 pages) l 2
l
Appendix A (cont'd)
F0IA 86-373 37.
10/10/85 Ltr to J. Keppler from Detroit Edison re: reactor operations improvement plan (17 pages) 38.
10/12/85 Ltr to US NRC from Detroit Edison re: Detroit Edison Response - SALP 6 Board Report No. 50-341/85027 (4 pages) 39.
10-11/85 Instrument Calibration Sheet (14 pages) 40.
11/04/85 Radiological Incidents & Deficiencies (17 pages) 41.
11/06/85 Administrators Guide for Health Physics Equipment (7 pages) 42.
11/11/85 Ltr to US NRC from Detroit Edison re: Transmittal of Licensee Event Report No. 85070 (6 pages) 43.
11/15/85 Calibration Data and Certification (3 pages) 44 11/18/85 Preliminary Notification of Event or Unusual Occurrence PNO-III-85-98 (1 page) 45.
11/18/85 Daily Report re:
release from condensate tank w/ handwritten notes (6 pages) 46, 11/19/85 Handwritten notes on condenser hot well (2 pages) 47.
11/26/85 Exposure Rate Verification Fonr. (49 pages) 48.
11/27/85 Ltr to US NRC from Detroit Edison re: Additional Information Regarding the Reactor Operations Improvement Plan (8 pages) 49.
12/02/85 Daily Report re: circulation water discharge monitor found inoperable w/ notes (4 pages) 50.
12/13/85 Fermi 2 Procedure - Radio Chemistry - Special Tests (14pages) 51.
12/31/85 Ltr to US NRC from Detroit Edison re: Transmittal of Licensee Event Report No. 85080(2pages)
- 52. Various dates Certificate of Confonnance (10 pages) 53.
01/86 Detroit Edison Deviation / Event Report (11 pages)
- 54. 01/86 Waste Sample Tank Worksheet (7 pages) 55.
01/86 LiquidEffluents(13pages) 3
Appendix A (cont'd)
F0IA 86-373 56.
01/15/86 Ltr to S. Bartman from R. Andersen re:
radiation alarm / trip setpoints (5 pages) 57.
01/16/86 Ltr to US NRC from Detroit Edison re: Licensee Event Report No. 85080-01(5pages) 58.
01/16/86 IMEPS Inspection Plan (1 page) 59.
01/29/86 Notes on LER events (2 pages) 60.
02/07/86 Fermi 2 Procedure - Health Physics - Surveying and Analysis, Revision 10 (13 pages) 61.
02/21/86 Instrument Calibration Sheets (15 pages) 62.
3/86 Instrument Calibration Sheets (15 pages) 63.
03/06/86 P0M Procedure Change Request (4 pages) 64.
03/12/86 Ltr to J. Keppler from F. Agosti re:
Startup Report w/ copy of the Detroit Edison Company, Fermi 2 Nuclear Power Plant Interim Startup Test Report (96 pages) 65.
Undated Detroit Edison Company, Enrico Fermi Atomic Power Plant - Unit 2, Administrator's Guide for Healthy Physics Equipment - Calibration (11 pages) 66.
04/18/86 Detroit Edison Organization Charts (2 pages) 67.
04/21/86 NRC Inspector's Entrance Meeting sign-in sheet (2pages) 68.
04/24/86 Ltr to R. Eberhardt from H. Higgins re: Radioactive Material Accountability (48 pages) 69.
05/07/86 Daily Report re:
accusations about plant radiation protection group (1 page) 70.
05/07/86 Memo to C. Weil from L. Hueter re: Notification by Licensee (Fenni 2) of Allegations to Press by Safe Energy Coalition Regarding Plant Radiation i
Protection Program (1 page) 71.
Undated Table 1 - Evaluation Criteria With Attributes for Assessment of Licensee Performance (4 pages) 72.
Undated Systematic Assessment of Licensee Performance (2pages),
4
Appendix A (cont'd)
F0IA 86-373 73.
Undated Gaseous Effluents (6 pages) 74.
Undated Containment Systems (3 pages)
- 75. Undated Radioactive Effluents (1 page) f i
i l
5
Appendix B FOIA 86-373 Documents Already Available in the PDR 1.
03/01/84 Inspection Report No. 50-341/84-03 PDR ADOCK 05000341Q 840301 8403190309A 2.
05/09/84 Inspection Report No. 50-341/84-12 PDR ADOCK 05000341Q 840509 8405240027A 3.
08/10/84 Inspection Report No. 50-341/84-27 PDR ADOCK 05000341Q 840810 8408270084A 4
12/26/84 SALP Report No. 50-341/84-23; 50-341/84-23-01 POR ADOCK 05000341Q/F 841226 8412310322A PDR ADOCK 05000341Q/F 850320 8503260540A 5.
01/11/85 Inspection Report No. 50-341/84-43 PDR ADOCK 05000341Q 850111 8502040142A 6.
04/01/85 Inspection Report No. 50-341/85017 PDR ADOCK 05000341Q 850401 8504080368A i
7.
06/28/85 SALP Report No. 50-341/85027; 50-341/85027-01 POR ADOCK 050003410/F 850628 8507120333A PDR ADOCK 05000341Q/F 850911 8509160370A 8.
07/29/85 Inspection Report No. 50-341/85029 PDR ADOCK 05000341Q/F 850729 8508020002A PDR ADOCK 05000341Q 851004 8510100150A 9.
02/12/86 Inspection Report No. 50-341/86002 PDR ADOCK 050003410 860212 8602190039A NRC LE 05000341 850603 860212 NRC LE 05000341 851011 860212
Appendix C FOIA 86-373 Documents Being liithheld in Their Entirety 1.
Undated Inspection Notes (5 pages) - Exemption 5 2.
04/03/86 Meno to J. Hind from C. Weil re: Allegations re: Radiation Protection at Fermi 1 and 2 (50-16; 50-341)(AMS No. RIII-86-A-0053) w/ Allegation Data Input form (5 pages) - Exemption 5 3.
05/12/86 Inspector's handwritten notes (12 pages) -
Exemption 5 4.
05/28/86 Memo to E. G. Greenman from J. A. Hind re:
Allegation re:
Fermi Radiation Protection Program (50-341)(AMS No. RIII-86-A-0083)
(1 page) - Exemption 7A
Appendix 0 F0IA 86-373 Documents Being Withheld in Part 1.
Undated Trainee Inquiry - Program Status (24 pages) -
Exemption 6 2.
Various dates Resumes (119 pages) - Exemption 6 3.
04/03/86 Memo to J. A. Hind from C. H. Weil re: Allegations re:
Radiation Protection at Fermi 1 and 2 (50-16; 50-341) (AMS No. RIII-86-A-0053) (2 copies -
one with attachment, one without) (9 pages) -
Exemptions 6 & 7A 4.
05/02/86 Ltr to Detroit Ediscn re: whole body count (1 page) -
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Exemption 6
GOVERNMENT ACCOUNTA.,1UTY PROJECT 1555 ConnecticurAwnue, N.W., Suite 202 WasNngton, D.C. 20036 (202)202-8550 May 16, 1986 f M @W ACT RE Director Office of Administration 4gQ U.S. Nuclear Regulatory Commission Washington, D.C. 20555 g
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Re:
FOIA Request To whom it may concern:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.
552, as amended, 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, logs, 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, com,putations, voice recor, dings, computer runoffs, any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with the following:
Any NRC evaluations, reviews, inspections, or conclusions done on the Fermi II Health Physics Department, January 1984 to present.
This request includes all agency records as defined in 10 C.F.R. 9.3a(b) and the NRC Hanual, Appendix 0211, Parts 1.A.2 and (approved October 8, 1980), whether the A.3 the NRC official, " working", investigative,y currently exist in 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, supra, and covered by this request have been destroyed and/or removed, or are destroyed and/or removed after receipt of 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, gtnerated in connection with, and/or issued in order to implement tne action (s).
GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the gene-ral public." 5 U.S.C. 552(a) (4) (A).
CAP is a non-profit, nonpartisan public interest organization concerned with honest and open government.
Through its Citizens Clinic, GAP offers assistance to local public interest and citizens grou to ensure the health and hafety of their communities.ps soaking
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POIA R'equest May 16,-1986 Page Two GAP is requesting the above information as part of an ongoing monitoring project on the adequacy of the NRC's efforts to protecta public safety and health at nuclear power plants.
For any documents or portions of documents that you deny due to a specific FOIA exemption, please provide an index itemising and describing the documents or portions of documents withheld.
The index 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 III, 484 F. 2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).
We look forward to your response to this request within ten days.
Respectfully, b
Billie Pirner Garde Citizens Clinic Director 42111 a