ML20211E652
| ML20211E652 | |
| Person / Time | |
|---|---|
| Issue date: | 10/15/1986 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Garde B GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-86-274, FOIA-86-A-89 NUDOCS 8610230137 | |
| Download: ML20211E652 (8) | |
Text
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g UNITED STATES g
NUCLEAR REGULATORY COMMISSION 5
- j WASHINGTON, D. C. 20555
,o 00T 151986 Ms. Billie Pirner Garde, Director Government Accountability Project Midwest Office IN RESPONSE REFER 3424 Marcos Lane TO F0IA-86-274 AND Appleton, WI 54911 86-A-89
Dear Ms. Garde:
This is in further response to your letter dated April 9,1986,'in which you requested, pursuant to the Freedom of Information Act (F0IA), copies of records relevant to and/or generated in connection with all information developed since January 1,1935, regarding Fire Protection Systems, Appendix R, and any proposed or contemplated changes in the regulations or the NRC's operating policies about fire protection, including any and all differing professional opinions (DP0s), and cny memoranda evaluating the DP0s including but not limited to evaluations by the Office of the General Counsel or the Executive Legal Director.
The records listed on the enclosed Appendix B are already publicly available for inspection at no charge and/or copying for a fee at the NRC Public Document Room (PDR), located at 1717 H Street, NW, Washington, DC 20555. The PDR accession number is indicated beside each document description on the appendix.
In addition, the first record listed on the enclosed Appendix G is being placed in the PDR in folder F01A-86-274 The second record listed on Appendix G was located during the initial search for records. During the preparation of this response letter, a search for this record was conducted by the F0IA staff and the OGC staff but a copy could not be located. The final version of the record was released to you as record A-77 in my second response letter to you dated June 19, 1986.
Portions of records 2 and 3 of Appendix F are being withheld and all the records listed on the enclosed Appendices C, D, and E, and records 1 and 4 as predecisional pursuant to Exemption (5)g withheld in their entirety (5)) a listed on the enclosed Appendix F are bein of the F0IA (5 U.S.C. 552(b) 10 CFR 9.5(a)(5) of the Commission's regulations. Release of these records would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. These records do not contain any reasonably segregable portions because any facts are inextricably intertwined with exempt portions.
The nonexempt portions of record 2 of Appendix F are being placed in the PDR in folder F01A-86-274 Pursuant to 10 CFR 9.9 and 9.15 of the Comission'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 denials of the records listed on Appendices C and D are the undersigned and James A. Fitzgerald, Assistant General Counsel for Adjudications and Opinions (Appendix C) and John D. Hoyle, Assistant Secretary of the Comission (Appendix D).
The persons responsible 8610230137 861015 PDR FOIA GARDE 86-A-89 PDR
Ms. Garde for the denials of the records listed on Appendices E and F are the undersigned and Dr. Thomas E. Murley, Regional Administrator, NRC Region I (Appendix E) and James M. Taylor, Director, Office of Inspection and Enforcement (Appendix F).
The denials by Dr. Murley, Mr. Taylor, and me may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, 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 FOIA Decision." The denials by Messrs. Hoyle and Fitzgerald may be appealed within 30 days to the Commission and should be addressed to the Secretary of the Commission.
This completes NRC action on this request.
In light of this response, we are taking no further action on your letter dated May 18, 1986, appealing our lack of response to your request.
Sincerely, 86~s NA'%
Donnie H. Grimsley, Director Director of Rules and Records Office of Administration
Enclosures:
As stated
RECORDS ALREADY AVAILABLE IN NRC PDR RE:
F0IA-86-274 APPENDIX B 1.
2/14/85 Letter to Harold R. Denton from J. Michael McGarry, III, re:
Report of the NRC Fire Protection Policy Steering Connittee (16pages) PDR Accession No. 8502200144 2.
7/00/85 NUREG-ll48, " Nuclear Power Plant Fire Protection Research Program"(32pages)PDRAccessionNo.- 8508080059 3.
10/25/85 Memo for James G. Keppler and A. Bert Davis from Charles Ramsey Thru Paperiello, Reyes, and Guldemond, re: Request hy the Commissioners for the DP0 Originators to write a Summary Statement regarding their position on the Fire Protection Policy Steering Committee's Recommendations contained in Generic Letter 85-01 (12 pages)
PDR Accession No. 8604250087 4.
12/19/85 SECY-85-306B, re: Staff Recommendations regarding the Implementation of Appendix R to 10 CFR 50 (8 pages)
PDR Accession No. 8601140366 5.
4/11/86 Memorandum from Francis Akstulewicz, re: Summary of April 1, 1986 Meeting with Utility Representatives concerning the pending Fire Protection Schedular Exemption for the Switchgear Room (6pages)PDRAccessionNo. 8604170464 i
RECORDS WITHHELD IN THEIR ENTIRETY RE: F0IA-86-274 APPENDIX C 1.
Undated Handwritten notes of P.'Bollwerk, re:
10/3/85 Commission Meeting concerning the status of interpretation of Appendix R (9 pages) 2.
Undated Handwritten notes o'f P. Bo11werk, re:
Interpretation of Appendix R (2 pages) 3.
Undated Draft, re: SECY-85-3068 (5 pages) 4.
Various Notes of~S. Crockett, re: Appendix R (10 pages) 5.
10/16/85 Draft, re: Fire Protection and Interpretation Appendix R (17pages) 6.
10/17/85 Memo for Johnston from Crockett, re: Fire Protection, withenclosure(20pages) 7.
10/24/85 Memorandum from M. G. Malsch to N. Palladino, Chairman and T.
Roberts, J. K. Asselstine, F. Bernthal, and L. Zech, re:
Staff Interpretations of Appendix R (20 pages) 8.
11/7/85 Notes of S. Crockett, re: Conversation with Reamer and Appendix R (1 page)
- 9.
1/10/86 Memorandum from M. G. Malsch, "SECY-85-306B (Standard License Condition on Fire Protection)" (1 page) l
- Previously withheld under F01A-86-194 b
4 s
9
- - - - - - -, ~
RECORDS WITHHELD IN THEIR ENTIRETY RE: F01A-86-274 APPENDIX D.
1.
9/9/85 Briefing paper on Fire Protection (3 pages) 2.
9/9/85 Draft SECY paper, re: Staff Recommendations Regarding the Implementation of Appendix R to 10 CFR 50 with hand-written notations (10 pages) 3.
9/24/85 Collegial Comission Correspondence Response Sheet, re:
Request for response to draft letter to Rep. Markey on fire protection at Davis-Besse, with attached draft and copy of Markey request letter of 8/12/85(7pages) 4.
10/2/85 Memorandum from Polk to N. Palladino, re: Briefing Notes for Appendix R (3 pages) 5.
10/3/85 Note from Polk to N. Palladino, re: Appendix R Questions (3pages) 6.
10/15/85 Handwritten note to Norm, re: Modification of Staff Require-ments Memorandum from 10/3/85 meeting on subject of " Status of Interpretation of Appendix R - Fire Protection" (3 pages) 7.
10/15/85 Memo from S. J. Chilk to Comissioners, re:
" Staff Require-ments Memorandum" with enclosed 2-page draft memo from S. J.
Chilk to W. J. Dircks, " Staff Requirements - Status of Inter-pretation of Appendix R - Fire Protection, 2:00 p.m.,
Thursday, October 3, 1985..."
8.
11/5/85 Note from Polk to N. Palladino, re: Vote sheet for SECY-85-306 (1 page) 9.
11/5/85 Vote sheet of N. Palladino, re: SECY-85-306, with comments (3 pages)
- 10.
2/10/86 Vote sheet of J. K. Asselstine, re: SECY-85-306, with coments (5 pages) j
- 11.
2/22/86 Vote sheet of F. Bernthal, re: SECY-85-306 (1 page)
- 12.
2/18/86 Vote sheet of L. Zech, re: SECY-85-306B, with consnents (4 pages)
- 13.
2/27/86 Vote sheet of T. Roberts, re: SECY-85-306B, with coments (3pages)
- 14.
2/27/86 Vote sheet of T. Roberts, re: SECY-85-306 (1 page) 15.
Undated Draft of Chairman Palladino's opening s+.atement at 10/3/85 Comission Meeting, re:
Implementation of Fire Protection Requirements (2 pages)
- Previously withheld under F0IA-86-194
1 RECORD WITHHELD IN ITS ENTIRETY RE: FOIA-86-274 l
APPENDIX E 1.
Undated ~
Letter to Pennsylvania Power & Light Co. (H. W. Keiser) from Thomas E. Murley, with attached Notice of Violation (6 pages) s e
4 4
l
RECORDS WITHHELD / PARTIALLY OR TOTALLY RE:. F0IA-85-274 APPENDIX F (T)l.
3/6/85 Memo for James Knight from James M. Taylor, re:
Resource Estimates for Proposed Expedited Fire Protection Inspections (2 pages) - Exemption 5 (P)2. 6/18/85 RIDS routing form (Handwritten notes only withheld) (1 sheet) -
Exemption 5 ' NOTE: Attached letter dated 6/18/85 from L. F. Dale to Harold R. Denton, re: Appendix R to 10 CFR 50, Proposed Exception Related to Safe Shutdown Systems, with attachments can be found in the PDR, PDR Accession No. 8506210120/PDR/ADOCK/
50-416F (18 pages)
(P)3.
3/20/86 Letter for Harold R. Denton from J. R. Wojnarowski, re: Dresden Station Units 2 and 3, Appendix R Exemption Requests - Additional Information Regarding Revised 10 CFR 50.12 (Handwritten notes on first page only withheld) (1 page) NOTE: A non-annotated version of this 2-page letter can be found in the PDR, PDR Accession No.
8603310110 (T)4. Undated Typed comments on Interpretation Three of Appendix R, with attached typistsheet(3pages)and a.
9/11/85 memo for Steven D. Richardson from Leon E. Whitney, re:
Interpretation Three-(1 page) b.
Undated handwritten comments regarding interpretation three (2 legal' sheets)
T = Totally withheld P = Partially withheld 1
RE:
F0IA-86-274 APPENDIX G 1.
8/23/85 Letter to William J. Dircks from William G. Counsil, re:
Draft Report of NRC Fire Protection Policy Steering Comittee (5pages) 2.
Undated Memo to William Dircks from Fire Protection Policy Steering Committee, re: Updated Recomendations on Fire Protection Policy and Program Actions (6 pages) t 1
.-,,.---n
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GOVERNMENT ACCOUNTADIUTY PROJECT 1555 Connecticut Avenue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 April 9, 1986 FREEDOM OF INFORMATION ACT REQUEST FREEDOM OF INFORMATIdN Director ACT REQUEST Office of Administration hpg4 Nuclear Regulatory Commission 7
Washington, D.C.
20555 To Whom It May Concern:
Pursuant to the Freedom of Information Act ("FOIA"), 5 USC 552, the Government Accountability Project (GAP) requests copies of any and all agency records and information, including but not limited.to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer runoffs, reports, and any and all other records or reports relevant to and/or generated in connection with all information developed since January 1, 1985 regarding Fire Protection Systems, Appendix R, and any proposed or conntemplated changes in the regulations or the NRC's operating policies about fire protection, including any and all differing professional opinions (DPOs), and any memoranda evaluating the DPOs including but not limited to evaluations by the Office of General Counsel or the Executive Legal Director's Office.
This request includes all agency records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980) whether they currently exist in the NRC official, " working," investigative or other files, or at any other location, including private residences.
If any records as defined in 10 C.F.R. 9.3a(b) and the NRC manual, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).
GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 USC section 552 (a) (4) (a).
GAP is a non-profit, non-partisan public interest organization concerned with honest and open government.
Through public outreach, the Project promotes whistleblowers as agents of government accountability.
Q$
s ff.
1 Director, Office of Administration Page Two Through its Environmental Whistleblower Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the health and safety of their communities.
We are requesting the above information as part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.
For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and derscribing the documents or portions of documents withheld.
The iindex should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.
This index is required under Vaughn v. Rosen (I), 484 F.2d.
section 820 (D.C. Cir. 1973), cert. denied, 415 U.S.
section 977 (1974).
We look forward to your response to this request within ten 3
working days.
Sincerely, i
Billie Pirner Garde Director, Environmental-Whistleblower Clinic BPG:41909A i
j 1
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REGULATURf INFORMATI0t4 DISTRIouTION SYSTEM (RIOS) ~~~
ACCESSIdN NORt8S06210120 DdC.04TE: 85/06/18 NOTARIZE 0g NO DOCKET a FACIL 50-416 Grand Gult >ducteer Station, Unit 1,
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RECIP.'sauE RECIPIENI AFFILIATION DENT 0 4, n.a.
Office of Nuclear Reactor Ge9ulation, Director SuuJECT: Foraarcs "F ire Protection Analysis For Gr ano fiu l f I,"
sunenrting oraoosed exception from Section III.L.1 of Soo R to IdCFR50 re safe snutnown sys. Info re suporession oool level monitoring capacility also encl. Fee paic.
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August 23, 1985 Mr. William J.
Dircks Executive Director'for Operations U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Re:
Draft Report of NRC Fire Protection Policy Steering Committee
Dear Mr. Dircks:
As you know, the Nuclear Utility Fire Protection Group (Group) has been active for some-time in assisting its member utilities in meeting the requirements of Appendix R.
The Group has coordinated industry response to generic issues and has worked actively with the NRC Staff to achieve a balanced interpretation of the requirements of Appendix R.
The Group conducted a seminar in early 1984, which brought together representatives of industry and the NRC to share observation and concerns regarding fire protection.
In this regard, the Gro_p initiated and has actively supported the clarification of fire protection requirements, to include specific clarification of Appendix R and the preparation of a series of questions and answers which were furnished to industry at the NRC Regional Workshops in March-May 1985.
As an outgrowth of t'hese efforts, the NRC issued Generic Letter 85-01 for public comment, which transmitted the draft report of the NRC Staff Fire Protection Policy Steering Committee and the clarifications, questions, and answers noted above.. In its comments, the Group was generally supportive of e**
FDO --- 000938
. t the direction and intent of the Generic Letter.
The Group is similarly supportive of the subsequent efforts by.the NRC Staff to formally address industry concerns over fire protection
~
requirements.
We are hopeful that when the Generic Letter package (which we understand is currently in its final stages of preparation by the NRC Staff) is finally presented to the Commission, it will be supported by industry as a responsive and workable means to bring the fire' protection issues to a close.
In this regard we hope to receive an opportunity to review the entire Generic Letter package prior to its submittal to the Commission, so that the Group can be in a position to express such a supportive position.
In order for the Group to present any additional comments it may have prior to the Commission briefing, which we understand is now scheduled for September 18, 1985, it would be necessary for you to make public a draf t copy of the current version of the i
staff's report, including CRGR recommendations, in the near future.
Without an opportunity to review the current draft of the package the Group could not otherwise know the extent to which its earlier positions regarding Generic Letter 85-01 have been addressed by the NRC.
Such an additional opportunity to discuss the material in the proposed Generic Letter could be either in the form of additional written comments or a meeting with the Staff.
During such discussions, the Group could provide the Staff with feedback on how the requirements are likely to be understood in the field and would provide the benefit of industry expericnce and expertise in support of the Generic Letter.
The Group believes that its interaction with the Staff in working level and management meetings has achieved appropriate clarification of a number of Appendix R issues.
Such interaction has provided a basis for common understanding of requirements that can only improve industry's compliance with fire protection requirements.
4 The Group.is concerned, in particular, that some of the question and answer material may, if literally interpreted, be unworkable in practice.
For example, during a recent visit to one plant, CRGR representatives questioned whether it is technically possible for a utility actually to consider all circuit failure modes in order to identify circuits associated by spurious actuations (as would be apparently necessary to satisfy the response to Questions 5.3.1, 5.3.8 and 5.3.10).
The CRGR representatives indicated that there were at least six other
- responses in the question and answer material that may prove 1
4 ;
i unworkable in practice a situation that could go uncorrected unless industry has an opportunity to address'these responses.
In addition to our concern'that some of the accompanying technical guidance to the pending Generic Letter may be
- unworkable, such as in those areas identified by the CRGR, we are concerned that the package may not adequately address the Group's previously expressed position in some areas.
The Group remains especially concerned with regard to the possible resolution of the following points:
1.
Schedular Exemptions - The Group believes that schedular relief should remain available under 10 C.F.R.
$50.12, especially where the i
exemption is necessitated by changed Staff guidance or interpretations.
In addition, schedular exemption requests should not in all cases be made dependent on a commitment to a special integrated schedule, since to do so would represent a new requirement for many licensees.
2.
Residual Risk - It is the Group's understanding that a Probabilistic Risk Assessment has been performed to determine whether there is a need to expedite the inspection process; this assessment was not part of the original document published for comment.
The NRC Fire Protection Policy Steering Committee has reviewed the results of recent inspections and concluded that no significant misunderstandings were present that would warrant an expedited inspection process. 'The Group concurs in this judgment.
In view of the Steering Committee's conclusion, we suggest that there is no need to include the risk assessment in the package that is finally released.
3.
' License Condition - A license condition was proposed for use by licensees, under which no change to an approved fire protection program could be made without special notification or permission.
Such a provision would require additional reporting and applications for license amendments, with the potential for formal hearings.
Such special licensing
--..c.-
9 e t treatment for fire protection would impose substantial. additional administrative burdens on licensees and the NRC, without a commensurate benefit to public health and safety.
4.
Appendix R Backfits for Pre-1979 Plants - The Group believes that modifications to fire protection features for pre-1979 plants need not strictly comply with Appendix R provisions (except for Sections III.G, III.J, and III.0, and those open items within fire protection SER's).
The Group believes that the provisions of 10 C.F.R. 550.59 should apply where modifications are planned for existing fire protection features in pre-1979 plants, and such features were previously found acceptable by the NRC Staff as satisfying the provisions of Appendix A to Branch Technical Position BTP APCSB 9.5-1 as reflected in Staff Fire Protection safety evaluation reports.
Accordingly, the Group believes that specific exemptions from Appendix R provisions other than Sections III.G, III.J and III.O for pre-1979 plant fire protection modifications are not required by 10 C.F.R. 550.48, nor are they necessary.
This position is consistent with the Statement of Considerations that accompanied the final rule containing Appendix R requirements (45 Fed. Reg. 76602, dated November 19, 1980).
It is our sincerest hope to work with the Staff to bring the fire protection issue to a close in the near future.
Because the clarifications and the questions / answers material contained in Generic Letter 85-01 were in large measure initiated and supported by the Group and were designed to clarify requirements of Appendix R in a way that can be implemented by industry, we do not believe that the draft of the Staff report should be considered confidential in the same way that a draft of a rulemaking package would be considered pre-decisional and hence privileged from public disclosure.
a 0 t Your agreement with providing an additional opportunity to comment on the Staff report is urgently requested.
Very t oly yours, X4 y
<3 William G. p'gunsil y
Executive VMe President, Texas Utilities Generating Company Alan B.
Cutter Vice President Nuclear Engineering and Licensing Carolina Power & Light Company Co-Chairmen, Nuclear Utility Fire Protection Group cc: Victor Stello Richard H. Vollmer 9