ML20209A909

Final Response to FOIA Request for Documents Re Facility. Forwards App D Documents.App C & D Documents Available in Pdr.App E Documents Withheld (Ref FOIA Exemption 5)

ML20209A909
Person / Time
Site:	Harris
Issue date:	04/23/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Murphy S NUCLEAR INFORMATION & RESOURCE SERVICE
Shared Package
ML20209A914	List: ML20209A909 ML20209A962 ML20209A998
References
FOIA-86-760 NUDOCS 8704280311
Download: ML20209A909 (5)

Text

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s U.S. NUCLEAR RE1ULATGY COMMISSION NxC soa ktoutst NuMetzs.

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I RESPONSE TO FREEDOM OF '[l""^'

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\e eese j- INFORMATION ACT (FOlA) REQUEST APR 23 w DOCKET NUME tRi$) l# eppsceoes IEQUESTEA

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/ PA'4T 3.-RECORDS REL& SED %R NOT LOCATED (See checaed bones)

No agency records subject to the request have been located.

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

Agency records subsect to the request that are ideritsfed in Appendia are already available for public inspection and copymg in the NRC Public Document Room, f 1717 H Street, N W., Washmgton, DC.

Agency records subject to the request that are identdied in Appendia b are being made available for pubhc mspection and copymg in the NRC Public Document Room 1717 H Street, N W., Washengton, DC, m a folder under this FOtATurnber and requester name.

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The nonpropnetary verson of the proposal (s) that you agreed to accept m a telephone conversaten with a member of my staM is now being made avadable for public inspecten and coymg at the NRC Public Document Room,1717 H Street, N W., Washington, DC. an a folder under this FOIA number and requestar name Enclosed is informaron on how you may obtain access to and the charges for copymg records placed in the NRC Public Document Room,1717 H Street. N.W., Washington, DC.

Agency records subsect to the request are enclosed. Any apphcable charge for copies of the records provided and payment procedures are noted in the comnwr,ts section.

Records subject to the request have been referred to another Federal agencyties) for review and derect response to you, in www of NRC's response to this request, no further action is being taken on appeel letter dated PART II.A-INFORMATION WITHHELD FROM PUBLIC DaiCLOSURE Cartsin inforrearon m the requested records is bemg withheld from pubhc disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part 11. sec-tone B, C, and D. Any released portons of the documents for which only part of the record is bemg withheld are being made available for public inspecton and copying m the NRC Public Document Room,1717 H Street, N W., Washington, DC in a folder under this FOIA number and requester name.

Comments I

i 8704280311 870423 i PDR FOIA '

MURPHYB6-760 PDR I l

Si T E. DIRECTOR. VU ON OF ND RECO S NRC FZM 464 iPen il re ser

FZEEDOM OF INF7ifMATION ACT RESPONSE FOIA NUMBERiSL h*h[ OATE:

PA%T H % APPLICA1LE F21A EXEMPTitNS Records subject to the request that are descnbed in the enclosed Appendices are being withheld in their entirety or in part under FOI A Esemptions and for the reasons set forth below pursuant to 5 U.S.C. 5521b) and 10 CFR 9.5(a) of NRC Regulations.

1. The wthheld eformation a properly classifed pursuant to Enocutwe Order 12356 IEXEMPTION 1)

2. The withheld informanon relates solely to the internal persont el rules and procedures of NRC. (EXEMPTION 2)

3. The wthheld mformation is specifically exempted from pubhc disclosure by statute indicated: (EXEMPTION 31 Section 141.145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerty Restncted Data 142 U S C. 21612165L Section 147 of the Atomic Energy Act which proh6ts the disc . .ure of Unclassafed Safeguards Information (42 U.S C. 2167L

4. The wthheld enformation a a trade secret or commercial or financial mformaton that is bemg withheld for the reasonisl mdscated- (EXEMPTION di The information is considered to be confidential business (propnetaryl mformation.

The mformaton a considered to be propretary information pursuant to 10 CFR 2.790tdH1).

The informaton was subm.tted and recerwed m confidence from a foreign source pursuant to 10 CFR 2.790(dH21.

5. The withheld in'ormaton conssts of eteragency or intraagency records that are not available through discovery dunng litigaten. Declosure of predecisional information would tend to chibit the open and frank eiichange of ideas essential to the dehberatwo process. Where records are wthheld in their entirety, the facts are mentncabfy intertwmed with the predecisional ariformation. There aino are no reasonably segregable factual portions because the release of the facts would permit an mdirect mquery eto the predecisional process of the egency. ttXEMPTION 51

6. The withheld mformanon is exempted from public disclosure because ets disclosure would result in a clearly unwarranted invason of personal pemacy. IEXEMPTION 6e

7. The wthheld informaton conssts of evestigatory records compded for lavv enforcement purposes and a being uthheld for the reasontsi mdicated. (EXEMPTION 7)

Disclosure would meerfere wth an enforcement proceedmg because et could reveal the scope. direction, and focus of enforcement efforts. and thus could poswy allow them to take action to shield potential wrongdoing or a volation of NRC requirements from investigators

• EXEMPTION 7tAH Disclosure would constitute an unwarranted invason of personal prrvacy (EXEMPTION 7tCH The mformaton consists of names o' mdividuals and other mformation the disclosure of which would reveal identities of confidential sources. (EXEMPTION 710H PART 11 C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and or 9.15 of the U S. Nuclear Regulatory Commisson regulatons. rt has been determined that the information withheld is enempt from producten or disclosur e.

and that its production or disclosure is contrary to the public mterest. The persor s responsible for the denial are those offcats adentified below as denymg officiais and the Owector.

Oms.on of Rules and % cords. Office of Administration for any dentais that may be appealed to the Execuove Director for OperationsitDoi DENYING OFFICIAL TITLEr OFF)CE 1 RECOROS DENIED APPELLATE OFF!CIAL b_ ys ..-L D n JY 11s f y

PART 11 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 Executive Director for Operations of to th;t it is an " Appeal from an initial FOIA Dec.ision.g'the Secretary of the Commission U.S. Nuclear Re ulatory Commissson, Washington, DC 2056 mac Fon;t and (Pert 21 cas, U.S. NUCLEAR REGULATORY COMMISSION FOlA RESPONSE CONTINUATION i

Items 4 & 5 Re: F01A-86-760 APPENDIX C RECORDS MAINTAINED AMONG PDR FILES

1. 8/7/86 Letter to Carolina Power and Light Canpany from David M.

Verrilli, subject: NRC Inspection Report No. 50-400/86-55 (13pages)PDR# 8608190737

2. 10/30/86 Letter to Carolina Power and Light Company from J. Nelson Grdce, subject: NRC Inspection Report No. 50-400/86-84 (5 pages) PDR # 8611040191 l

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Re: F01A-86-760 Items 4 thru 9 APPENDIX D RECORDS MAlhTINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER

1. Undated Memo to Luis Reyes, via, David M. Verrelli from Resident ~

Inspectors Shearon Harris, subject: Separation Problems Identified in the Fuel Fandling Building (2 pages)

2. Undated Memo to Luis Reyes, via, David M. Verrelli from Resident Inspectors Shearon Harris, subject: Separation Problems Identified in the Fuel Handling Building (2 pages)

3. 9/30/86 Notice of Significant Meeting (1 page)

4. 7/15/86 Noncomformance Report (3 pages)

5. 10/9/86 Enforcement Conference CP&L Harris, Attendees (1 page)

6. 10/9/86 CP&L Presentation to hRC (20 pages) l a

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Ra: F01A.36-760 APPENDIX E Items 4 thru 9 RECORDS TOTALLY WITHHELD - Exemption 5 NUMBER DATE DESCRIPTION & EXEMPTION

1. Undated Draft Inspection Report No. 50-400/86 33 pages

2. 10-28-86 Draft Inspection Report No. 50-400/86 30 pages

3. Undated Draft Notice of Violation - 2 pages

4. 10-2-86 Facsimile Transmittal from Trocine to Wong with attached Draft Inspection Report No. 50-400/86 7 pages

5. 10-9-86 Handwritten Notes re: Harris Panel - 1 page

6. 9-17-86 Handwritten Notes re: Harris Pre-Panel - 1 page

7. 8-14-86 Handwritten Notes re: Harris Pre-Panel - 1 page

8. 10-9-86 Handwritten Notes re: Harris Panel - 1 page

, 9. 10-9-86 Handwritten Notes re: Enforcement Conference - 4 pages

10. 10-9-86 Handwritten Notes re: Harris Briefing - 1 page

11. 9-17-86 Handwritten Notes re: Harris Pre-Panel - 1 page

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q%wq=A g g ,s a 7 Nuclear Information and Resource Service 1616 P Street, N.W., Suite 160, Washington, D.C. 20036 (202) 328-0002 October 15, 1986 Donnie Grimsley Division of Rules and Records FREEDOM OF INFORMATION office of Administration ACT REQUEST US Nuclear Regulatory Commission Washington, DC 20555 g ,

g 8 t d /dl)' E E

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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 Con. mission's regulations, the Nuclear Informaticn and Resource Service requests the following documents regarding the physical ihndependence of electrical cables at the Shearon Harris plant. Please consider " documents" to include reports, studies, test results, correspondence, memoranda, meeting notes, meeting minutes, working papers, graphs, charts, diagrams, notes and summaries of conversation 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 compliance and non-compliance by CP&L to Regulatory Guide 1.75 "The Physical Independence of Electrical Systems".

Include documents related to any exemption requests or amendments 1 or other deviations by CP&L for the Shearon Harris plant from the I 1

cable tray separation requirements

2. Any NRC inspections of the cable tray separations at Shearon Harris; documents indicating CP&L's performance regarding cable tray separation requirements

3. Documents related to the study done for CP&L by Wyle Lab on the physical independence criteria of electrical systems and approved by the NRC (We are not requesting the Wyle Report itself)

4. CP&L's plan to correct deviations from the separation requirements; including correspondence regarding changes to the A&+so-Soo*2. y, - - - - - - - - - -

NIRS FOI A 10/15/86

p.2 1

Sh'e aron Harris FSAR

5. Any NRC study or inspection of the height, after '

installation, of the cables in the cable trays at Shearon Harris i or the percentage of cable tray fill at Shearon Harris 6 The locations--for example the diesel generator room--of the cables already identified as not meeting the separation i requirements; and the locations of the cables which are to be i covered or have been covered

7. NRC interviews with Shearon Harris site inspection personnel aoout cable separation concerns and the adequacy of licensee inspections of electrical cables (as mentioned on page 10 of NRC's SALP report for Shearon Harris dated September 25, 1986)

! 8. Any NRC enforcement for failure to comply with the requirements in Regulatory Guide 1.75 by CP&L at the Shearon Harris plant l

l 9. Documents which led to the August 22, 1986 notification by l CPEL to the NRC that electrical separation was a reportable item q under 10CFR50.55(e) .

Below is a list of the documents already located in the NRC's j Public Document Room. We are requesting documents other than l these i

i _ -NRC to CP&L; September 25, 1986 SALP report 86-56  !

-CP&L to NRC; September 19,1986 Item 233, Electrical Separation 4

accession number 8610080095 l -NRC memo; August 11,1986 " Problems Associated with Electrical i Cable separation" Docket 50400, acn: 8608190204 l -NRC to CP&L; April 14, 1982

Subject:

Report No 50400/82-09 i -NRC to CP&L; March 12, 1985 Notice of Violation attached to l Inspection Report No.50400/8504

) -CP&L to NRC; September 16, 1986 with attached Wyle Test Report No. 47879-06

! 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 j benefiting the general public." The Nuclear Information and Resource Service is a non-profit organization serving local j organizations concerned about nuclear power and provides i information to the general public, members of Congress, State and

, local officials. Information required by 10 CFR 9.14 was i provided by letter dated August 3,1984. The information i

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NIRS FOIA 10/13/86-p.3 4

requested by this letter will be provided to petitioners before the NRC on the license amendment application referred to above.

We look forward to your prompt reply.

Sincerely, GM .: (jy j't v

. St phanie Murphy I

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