ML20211C855

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Responds to Appeal Re Denial of FOIA Request for Documents Re Fermi Plant.Forwards App a Documents.App B Documents Withheld (Ref FOIA Exemption 5)
ML20211C855
Person / Time
Site: Fermi DTE Energy icon.png
Issue date: 10/09/1986
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Puntenney J
SAFE ENERGY COALITION OF MICHIGAN
Shared Package
ML20211C861 List:
References
FOIA-86-370, FOIA-86-A-147 NUDOCS 8610220040
Download: ML20211C855 (4)


Text

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  1. f pg% UNITED STATES 8 NUCLEAR REGULATORY COMMISSION 5 2y WASHING TON, D. C. 20555

\...../

Ms. Jennifer E. Puntenney 00T 9 E Executive Director Safe Energy Coalition of Michigan IN RESPONSE REFER P.O. Box 331 TO F01A-86-A-147 Monroe, MI 48161 (F01A-86-370)

Dear Ms. Puntenney:

This is in response to your letter dated August 19, 1986, in which you appealed Mr. Donnie H. Grimsley's letter dated July 16, 1986, which denied 14 documents subject to your Freedom of Information Act (F0IA) request for documents regarding the Fermi plant.

Acting on your appeal, I have carefully reviewed the record in this case and have determined that some additional information will be provided to you.

Therefore, your appeal is partially granted and partially denied.

The nine documents listed on the enclosed Appendix A are-now being made publicly available and are enclosed.

The five documents listed on the enclosed Appendix B will continue to be 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.

Documents two, three, and the enclosures to document five on Appendix B are draft documents which are clearly predecisional because they were prepared prior to and in the course of reaching final agency decisions. These documents describe preliminary staff thinking and, therefore, contain preliminary advice, opinions, and recommendations of the staff in the deliberative process of determining proper enforcement actions regarding the Fermi plant. Exemption (5) was intended to permit the agency's withholding of such documents to preserve the free and candid internal dialogue necessary for the careful formulation of agency decisions.

Documents one, four, and the transmittal memorandum of document five on Appendix B are internal documents which contain advice and opinions which were predecisional to the issuing of the enforce.nent action on Fermi.

Exemption (5) shields from mandatory disclosure documents generated in the i deliberative process that precedes most decisions of government agencies.

i l

8610220040 861009 PDR FOIA i PUNTE86-A-147 PDR i

4 Ms. Puntenney This is a final agency action. As set forth in the FOIA (5 U.S.C. 552(a)(4)(B)),

judicial review of this decision is available in a district court of the United States in the district in which you reside, have your. principal place of business, or in the District of Columbia.

Sincerely, ictor Stello, (

Executive Director for Operations

Enclosures:

As stated 4

4

Re: F01A-86-A-147 0

(F01A-86-370)

Appendix A

1. Undated Procedure 11.000.52, Deviation and Corrective Action Reporting (selected pages) (7 pages)
2. Undated Procedure 21.000.01, Typical Duties and Responsibilities Nuclear Shift Supervisor (NSS) (2 pages)
3. 04/11/83 Nuclear Operations Directive No. 21 (1 page)
4. 12/12/83 Ltr from B. J. Youngblood to H. Tauber re: Use of BN-TOP-1 for the Fermi 2 Facilit Testing Per Appendix J (1 page) y Containment Leakage
5. 01/17/84 Memo from S. G. DuPont to M. D. Lynch re: Use of BN-TOP-1 for the Fermi-2 Preoperational Containment Leakage Testing Per Appendix J (1 page)
6. 09/10/84 Procedure QQAP 16, Corrective Action, Revision 2 (2 pages)
7. 09/10/84 Procedure QAPR 16, Corrective Action (selected pages)

(6 pages)

8. 01/26/85 Ltr from W. H. Jens to B. J. Youngblood re: Request for Exemption ~to Appendix J (3 pages)
9. 12/11/85 Nuclear Operative Directive (1 page)

Re: F01A-86-A-147 (F01A-86-370)

Appendix B

1. Undated Region III Briefing notes for Proposed Fermi Enforcement Action on Criticality Event (3 pages)
2. Undated Draft Commission Paper - Proposed Enforcement Action Against Deco (6 pages)
3. Undated Draft Letter to W. Jens from J. Taylor, draft NOV and draft Order (15 pages) ,
4. Undated Proposed Outline for Regional Fermi Enforcement Conference (2 pages)
5. 12/13/85 Memo from W. Schultz to J. Axelrad re: Detroit Edison Company

- Fermi, Unit 2 Proposed Civil Penalty with enclosed draft letter to W. Jens from J. Ta Commission Paper (30 pages) ylor, draft NOV, and draft