ML20207G198

Further Response to FOIA Request for Three Categories of Records Re Plant.Documents Listed on App D Withheld (Ref FOIA Exemption 5)

ML20207G198
Person / Time
Site:	Fermi
Issue date:	07/16/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Puntenney J SAFE ENERGY COALITION OF MICHIGAN
References
FOIA-86-244 NUDOCS 8607220721
Download: ML20207G198 (3)

Text

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, ((' a') g(nc,,hp, UNITED STATES NUCLEAR REGULATORY COMMISSION 4 WASHINGTON, D. C. 20555

%.,.* JUL 16 1988 Docket No. 50-341 Ms. Jennifer E. Puntenney Safe Energy Coalition of Michigan P.O. Box 331 IN RESPONSE REFER Monroe, MI 48161 TO F0IA-86-244

Dear Ms. Puntenney:

This is in further response to your letter dated March 24, 1986, in whic'h you requested, pursuant to the Freedom of Information Act (F0IA), three categories of records related to the Fermi 2 plant.

The documents listed on the enclosed Appendix D are drafts, records that contain informaticn covered by the attorney-client privilege, or records that constitute advice, opinions and recommendations of the staff, as noted on the appendix. This information is being 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. The portion of the document which is indicated on the appendix to be released is being made available for public inspection and copying at the NRC Public Document Room (PDR), 1717 H Street, NW, Washington, DC 20555, in the PDR file folder under the above number and your name and in the NRC Local Public Document Room, Monroe County Library System, 3700 S.

~: Custer Road, Monroe, MI 48161.

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 this denial is Guy H. Cunningham, III, Deputy General Counsel. I kDf2 o 1 860726

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PUNTENh86-244 PDR J

Ms. Puntenney 1 This denial 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."

Sincerely,

/ au N AluJ Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated i

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n F01A-86-244 Appendix D

1. 10/9/85 Memorandum from Guy H. Cunningham to James Taylor et.al. Portions of the memorandum, the handwritten annotations, and the attachment denied under Exemption (5)) (Portion of memorandum released)

2. 3/19/85 Memorandum from Guy H. Cunningham to Victor Stello,

" Review of 01 Report 3-85-013" (Denied in entirety under Exemption (5) as information covered by the lawyer-client privilege)

3. Undated Draft Proposed memorandum with attached draft memorandum from Guy H. Cunningham to James Taylor et.al (Drafts denied in entirety under Exemption (5))

4. Undated Draft memorandum from Guy H. Cunningham to William F. Dircks with attached draft memorandum from William F. Dircks to the Commission (Drafts denied in entirety under Exemption (5))

5. Undated Draft Report on Reportability of Inadvertent (print date, Criticality at Fermi 2 under 10 CFR 50.72 9/18) (Denied in entirety)

6. Undated Draft memorandum to the Commissioners, " Fermi 2 01 Report" (Denied in entirety under Exemption (5))

SAFE ENERGY COALITION OF MICHIGAN P.O. BOX 331 MONROE.. MICHIGAN 48161 karch 24, 1986 F WFORMATION Freedom 'of Information Officer EMU

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U.S. Nuclear Regulatory Commission Washington, D.C. 20555 FoD a4 9 b . M 4 8 (o

Dear Sir /Ms.:

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) All internal memos and meeting minutes, and notes regarding Le-Edison' Company and the Fermi 2 nuclear power plant located in Monroe County, Michigan , since fuel loading on March 20, 1985.

(2) All internal memos and correspondence regarding the Office of Investigations report and conclusions on the Fermi 2 July 2nd, 1985 criticality incident l (3) All internal memos and correspondence regarding the report and r conclusions from the Office of Investigator and Auditor investi-l gation on the July 2nd, 1985 reactor criticality / out-of-se-l quence control rod incident 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 a proval at the above address or at this telephone number 313-477- 41 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). Thenk you for your help in this matter.

Sincerely, y j n,-:-  :

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'Jennffer E. Puntenne

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• OCT 9 1985 MEMORANDUM FOR: James Taylor, Director Office of Inspection and Enforcement liarold Denton, Director Office of Nuclear Reactor Regulation .

C.J. llel temes , Jr. , Di rector Office for Analysis and Evaluation \

of Operational Data (

James G. Keppler, Regional Administrator Region III FROM: Guy 11. Cunningham, III Executive. Legal Director

SUBJECT:

SUGGESTED MEMORANDUM FOR WILLIAM J. DIRCKS TO Tile COMMISSION CONCERNING Tile REPORTABILITY OF Tile PREMATURE CRITICALITY EVENT AT FERMI 2 I have been asked to draft a memorandum from Mr. Dircks to the Commission, which addresses the reportability of the premature criticality at Fermi 2 which occured on July 1, 1985.

I would appreciate your comments or concurrence on the attached draft which has been coordinated with Fred Hebdon and Ernie Rossi by October 25, 1985.

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r Please note the last sentence in the memorandum.I

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Original signed by Guy H. Cunningham, Ill Guy 11. Cunningham, Ill Executive Legal Director

Attachment:

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