ML20210N227

Responds to FOIA Request for Three Categories of Documents Re Plant.App a Documents Withheld (Ref FOIA Exemption 5)

ML20210N227
Person / Time
Site:	Fermi
Issue date:	09/30/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Puntenney J SAFE ENERGY COALITION OF MICHIGAN
References
FOIA-86-370 NUDOCS 8610060421
Download: ML20210N227 (3)

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4 kg UNITED STATES NUCLEAR REGU8.ATORY COMMISSION L ;j WASHINGTON, D. C. 20555 l

SEP 30 1986 Ms. Jennifer E. Puntenney Safe Energy Coalition of Michigan IN RESPONSE REFER P. O. Box 331 10 F01A-86-370 Monroe, MI 48161

Dear Ms. Puntenney:

This is in further response to your letter dated May 18, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of three categories of records regarding the Fermi Unit 2 nuclear power plant.

Documents 1 through 4 identified on enclosed Appendix A are draf ts which con-tain the predecisional advice, opinions and recommendations of the staff on a proposed enforcement action. Document 5 identified on Appendix A contains the predecisional advice, opinions and recommendations of the staff to the Commission on a proposed enforcement action. Because the information reflects the predecisional process among the staff, and between the staff and the Commis-sion, the information is exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5), and the Commission's regulations at 10 CFR 9.5(a)(5). Release of the information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The withheld information contains no reasonably segregable factual portions.

Pursuant to 10 CFR 9.9 and 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 persons responsible for the denial of documents 1 through 4 are the undersigned and Mr. James M. Taylor, Director, Office of Inspection and Enforcement. The person responsible for the denial of document 5 is Mr. John C. Hoyle, Assistant Secretary of the Commission.

The denials by Mr. Taylor and me may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter. 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 F0IA Decision." The denial by Mr. Hoyle may be appealed within 30 days to the Secretary of the Commission and should be addressed to the Secretary of the Commission.

8610060421 860930 PDR FOIA PUNTENNR6-370 PDR

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Ms. Puntenney The search for and review of documents that are subject to your request are continuing. We will notify you upon completion of this search and review.

Sincerely, A i/ /l /

/tyjx.mn R /CK^ ^~'X"l Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosure:

As stated

.6-F01A-86-370 APPEl4 DIX A Documents Being Withheld

1. Various Dates Annotated drafts (13) of proposed staff paper, subject: Proposed Enforcement Action Against Detroit Edison Ccmpany, Fermi Unit 2. (138 pgs)

2. Various Dates Annotated drafts (10) of a letter to the Detreit Edison Company trcm James M. Taylor, Director, _

Office of Inspection and Enforcement. (98 pgs)

3. Various Dates Annotated drafts (5) of Order Modifying License (Effective inmeciately) (48 pgs)

4. Undoted Annotated draft of Notice of Violation and Proposed Imposition of Civil Penalties (12 pgs)

5. 05/19/86 SECY-86-158, " Proposed Enforcement Action Against Detroit Edison Company, Fermi-2." (49 pgs)

SAFE $NERGY COALITION OF MICHIGAN I

• l P.O. BOX 331 MONR0E,_ MICHIGAN 48161 May 18, 1986 Freedom "of Information Officer . MM U.S. Nuclear Regulatory Commission 6 Washington. D.C. 20555 mtluquest foIA 3 7O

Dear Sir /Ms. :

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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 information, notes, memos, documents, etc. produced from the Friday, Nay 9th meeting held in Chicago, Region III with Detroit Edison Company in regards to Fermi 2. (meeting held in 1986)

(2) All information, memos, notes, documents, etc. in regards to the May 9th, 1986 enforcement meeting held in Region III in Chicago, Illinois, on the Fermi 2 nuclear power plant.

(3) All documents, notes, memos, information, etc. produced in regards to Detroit Edisons exemption tb Appendix J of the 10 CFR, part

50-Primary Reactor Containment Leakage Testing for Water-Cooled

[ Power Reactors.

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 royal at the above address or at this -

telephode number 313-477- 1 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). Thank you for your hblp in this matter.

Sincerely.

$ f7fjq g g y pJennifer

- p &E. 9Pu 9ntenne

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