ML20210G313

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Final Response to N Bell 850924 FOIA Request for Five Categories of Documents Re Board Notification 85-081. Documents in Remaining NRC Files Withheld (Ref FOIA Exemption 7)
ML20210G313
Person / Time
Issue date: 09/23/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Doherty J
NUCLEAR INFORMATION & RESOURCE SERVICE
References
FOIA-85-654 NUDOCS 8609250377
Download: ML20210G313 (1)


Text

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jg UNITED STATES d o NUCLEAR REGULATORY COMMISSION h  ; WASHINGTON, D. C. 20555

.....* SEP 2 31986 Mr. John Doherty Nuclear Information and Resource Service 1616 P Street, NW, Suite 160 IN RESPONSE REFER Washington, DC 20036 TO F01A-85-654

Dear Mr. Doherty:

This is in final response to Nina Bell's letter dated September 24, 1985, in which she requested, pursuant to the Freedom of Information Act (FOIA), copies of five categories of records regarding Board Notification 85-081.

Documents in other NRC files are being withheld from public disclosure pursuant to Exemption (7)(A) of the Freedom of Information Act (5 U.S.C. 552(b)(7)(A))

and 10 CFR 9.5(a)(7)(1) of the Commission's regulations because disclosure of the.information 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- NRC requirements from investigators.

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 Mr. Ben B. Hayes, Director, Office of Investigations.

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."

This completes NRC action on this F0IA request. -

Sincerely, pu Donnie H. Grimsley, Director Division of Rules and Records Office of Administration g 92 g 7 e60723 DOHERTY85-654 PDR

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&%on J E p) .e t > = s v Nuclear Information and Resource Service 1616 P Street, N.W., Suite 160, Washington, D.C. 20036 (202) 328-0002 September 24, 1985 James M. Felton, Director FREty OF INFORM AIK)N Division of Rules and Records ACT REQUEST Office of Adminstration U.S. Nuclear Regulatory Commission Washington, D.C. 20555

~[8-h FREEDOM OF INFORMATION ACT REOUEST '</ 9 o% -1S

Dear Mr. Felton:

Pursuant to the Freedom of Information Act, 5 U.S.C. 522, as amended, and 10 CPR 9.8 of the Commission's regulations, the Nuclear Information and Resource Service requests the following documents regarding NRC Board Notification No.85-081,

" Allegations Concerning Westinghouse Analyses and Quality Assurance," issued in Docket Nos. 50-250 & 251 on August 27, 1985. Please consider " documents" to include reports, studies, test results, correspondence, memoranda, meeting notes, meeting minutes, working papers, graphs, charts, diagrams, notes and summaries of conversations and interviews, computer records, and any other forms of written communication, including internal NRC Staff memoranda. In your response, please identify which documents correspond to which requests below.

Pursuant to this request, please provide all documents prepared or utilized by, in the possession of, or routed through the NRC related to:

1. Correspondence and other reactions by or to NRC regarding allegations made by a senior engineer at Westinghouse Water Reactor Division, Nuclear Safety Department, Risk Assessment Technology Section regarding rod on bottom signal device deficiencies and non-conservative computer codes;
2. Correspondence between Florida Power & Light and Westinghouse regarding the above;
3. A Licensee Event Report filed in early 1985 regarding a rod on bottom signal device at Turkey Point;
4. Westinghouse documents and letters: CN-TA-82-04, NS-RAT-PTA-85-091, CN-TA-84-202, NS-RAT-PTA-84-171, RAT-IG-9, CN-TA-85-6, NS-TA-83-365, NS-RAT-PTA-85-047, NS-RAT-PTA-85-051, CN-TA-84-63, a January 25, 1985 memo from i the allegator to Westinghouse; and l

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IEEE-7.79-1971.

5.

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. 552(a) (4) (A) "because furnishing the information can be considered as primarily benefiting the general public." The Nuclear Information and 1

Resource Service is a non-profit organization serving local organizations concerned about nuclear power and providing infor-mation to the general public. Information required by 10 CFR 9.14a was provided by letter dated August 3, 1984. .

! Sincerely, b .-

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Nina Bell Assistant Director I cc: File i

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