ML20211K946
| ML20211K946 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 12/09/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Puntenney J SAFE ENERGY COALITION OF MICHIGAN |
| Shared Package | |
| ML20211K949 | List: |
| References | |
| FOIA-86-244, FOIA-86-245, FOIA-86-A-144, FOIA-86-A-145 NUDOCS 8612150222 | |
| Download: ML20211K946 (4) | |
Text
g UNITED STATES O
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'%,,, f Ms. Jennifer E. Puntenney OEG S O Executive Director IN RESPONSE REFER Safe Energy Coalition of Michigan TO F0IA-86-A-144 P.O. Box 331 AND 86-A-145 Monroe, MI 48161 (F01A-86-244 & 86-245)
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 twenty-one documents subject to your Freedom of Information Act (F0IA) request for documents related to the Fermi 2 plant.
Acting on your appeal, I have carefully reviewed the record in this case, and have determined that some of the previously withheld information can now be released. Therefore, your appeal is partially granted and partially denied.
The nine documents listed on the enclosed Appendix A and portions of documents eight through twelve listed on the enclosed Appendix B can r.ow be made publicly available and are enclosed.
Documents one through seven and the remaining portions of documents eight through twelve listed on the enclosed Appendix B will continue to be withheld from public disclosure pursuant to Exemptions (5), (6), and (7 (D) of the F0IA (5 U.S.C. 552(b)(5), (6), and (7)(D)) and 10 CFR 9.5(a)(5), (6, and (7)(D) of the Commission's regulations as indicated next to each document listing.
Documents one, two, three, four, seven, and the enclosure to document ten 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 pennit the agency's withholding of such documents to preserve the free and candid internal dialogue necessary for the careful formulation of agency decisions.
Documents five and six on Appendix B are internal documents containing advice and opinions which were predecisional to the issuing of the enforcement action on Fermi. Exempticn (5) shields from mandatory disclosure documents generated in the deliberative process that precedes most decisions of government agencies.
Documents one, two, three, five, eight, eleven, and twelve on Appendix B contain the names and other identifying information of individuals employed at Fermi.
I am unable to identify any legitimate public interest in the disclosure of these names which outweighs the individuals' privacy interests.
8612150222 861209 hTE A-144 PDR
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Ms. Puntenney Document nine on Appendix B contains the name of an individual who was granted confidentiality.
I am unable to identify any legitimate public interest in the disclosure of this name.
This is a final agency action. As set forth in the F01A (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,
/
' Victor Stello,(Jr.
Executive Director for Operations
Enclosures:
As stated i
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86-A-144 86-A-146 APPENDIX A DATE DESCRIPTION 1.
Undated Slides - Fermi 2, Utility Performance in dealing with known problems (8 pages).
2.
Undated Handwritten notes re:
Installation of Fermi 2 Independent Alternate Shutdown System (3 pages).
3.
08/09/85 Memo from J. G. Keppler to S. Connelly re:
Fermi 2 Criticality Incident - Request for Investigation (1page).
4.
11/15/85 Memo from J. G. Keppler to C. E. Norelius re:
Fermi 2 - Actions to be completed prior to Authorizing Operation Above 5% Power (2 pages).
5.
01/17/86 Fermi 2 Briefing Package for Victor Stello (6 pages).
6.
01/17/86 Fermi 2 Briefing Package for Victor Stello, Acting ED0 (13 pages).
7.
01/17/86 Handwritten notes - Fermi 2 (Briefing for Mr. Stello)
(2 pages).
8.
01/17/86 Memo from C. Weil to C. Norelius re: Allegation regarding Fermi Feedwater Pump / Turbine Failure (50-341) (AMS No. RIII-86-A-0005) (2 pages).
9.
02/13/86 Memo from G. Wright to Region III Allegation Review Board re: Action Plan to Address Allegations raised by Monroe County Commissioner (AMS Nos. RIII 85-A-0165, RIII 86-A-0005, RIII 86-A-0009, and RIII 85-A-0010) Pertaining to the Fermi 2 Site (12 pages).
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86-A-144 86-A-146 APPENDIX B DATE DESCRIPTION EXEMPTION (S) 1.
Undated Draft Region III Action Based on 5&6 Fermi 01 Report by J. Keppler, A. Davis, and B. Berson (2 pages).
2.
Undated Draft NRC Action Based on Fermi 01 5&6 Report by J. Keppler, A. Davis, and B. Berson (2 pages).
3.
Undated Draft Conclusions Based on Fermi 01 5&6 Report by J. Keppler, A. Davis, and B. Berson (1 page).
4.
Undated Draft Major Facts by A. Davis 5
(1page).
5.
03/05/86 Major Facts, NRC Ac' tion Based on Fermi 5&6 01 Report, and Conclusions by J. Keppler, A. Davis, and B. Berson (3 pages).
6.
11/20/85 Memo from P. Byron to Region III 5
Files re: November 20, 1985 Conversation with A. Benes, DEC0 General Auditor (2 pages).
7, 12/12/85 Draft of Statement of Facts Based on 01 5
Interview Transcripts Fermi July 1, 1985, Rod Pull Incident (9 pages).
8.
11/27/85 Memo from J. McMillen to J. Keppler re:
6 Trip Report Fermi II for Observation of Requalification Examinations (6 pages).
9.
01/21/86 Letter from C. Weil to J. Eckert re:
70 Fermi Allegation (1 page) 10.
04/08/86 Memo from J. Keppler to H. Denton, 5
et. al., re:
Proposed Enforcement Actions for Fermi 2 Rod Pull (1 page) with enclosed draft of RIII Proposed Enforcement Actions (8 pages).
- 11. 03/28/86 Memo from C. Weil to R. Lickus re:
6 Allegation regarding Fenni Feedwater Pump / Turbine Failure (50-341)
(AMS No. RIII-86-A-0005) (2 pages).
- 12. 01/14/86 Memo from C. Weil to C. Norelius re:
6 Allegation regarding Fenni Feedwater Pump / Turbine Failure (50-341) (AMS No. RIII A-0005) w/AMS fonn and memo dated 1/10/86 from T. Tambling to C. Weil re: Allegation - Fenni Feedwater Pump / Turbine Failure (4 paces).
r SAFE ENERGY COALITION OF MICHIGAN P.O. BOX 331 MONROE, MICHIGAN 48161
- a. arch 24, 1986 Freedom 'of Information Officer NORMATION Fo@t A.36 a4 9 E M ST U.S. Nuclear Regulatory Commissicn Washington, D.C. 20555 Gu 'd 4 s -%
Dear Sir /Ms.:
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 internal memos and meeting minutes, and notes regarding Le-Edison' Company and the Fermi 2 nuclear power plant located in 5.onroe Co:':cy, Nichigan, since fuel loading on March 20, 1985.
(2)
All internal memos and correspondence regarding the Office of investigations report and conclusions on the Fermi 2 July 2nd, 1985 criticality incident (3)
All internal memos and correspondence regarding the report and conclusions from the Office of Investigator and Aucitor investi-gation on the July 2nd, 1965 reactor criticality / out-of-se-quence control red incident
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l 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 i
notify us in advance for approval at the above address or at this telephone number 313-477-3441 or 313-477-1670.
This advance notice i
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 i
you for your help in this matter.
Sincerely, i
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Jennfrer E. Puntenne g
SAFE ENERGY COALITION OF MICHIGAN P.O. BOX 331 MONROE,. MICHIGAN 48161 March 24, 1986 Freedom 'or Information Officer FREEDOW OF INFORMATION U.S. Nuclear Regula' tory Commission ACT REQUEST Washington, D.C. 20555 For A-n ass
Dear Sir /Ms. :
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)
Copy of the Office of Investigations report and conclusions on the Detroit Edison Company's Fermi 2 nuclear power plant re-garding the July 2nd, 1985 criticality /out-of-sequence control rod incident.
(2)
Copy of the Office of Investigator and Auditor report and con-clusions on the NRC and its involvement in the Fermi 2 nuclear power plant July 2nd, 1985 criticality incident,
( 3)
All internal memos, correspondence, documents, and a copy of the Office of Investigations report and conclusions on the Fermi 2 SAFETEAM (Detroit Edison Co., Monroe County, Michigan).
i 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 te considered primarily benefitting the general public."
If any fees are to be charged in connection with this request, please notify us in advance for approval at the above address or at this telephone number 313-477-3M1 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 hhlp in this matter.
Sincerely.
rowfab.
p$hnneN Jennifer E. Puntenne
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JUL 16 1986 Ms. Jennifer E. Potenney Safe Energy Coalition of Michigan P.O. Box 331 IN RESPONSE REFER Monroe, MI 48161 TO F IA-66 iM4 AND F01A 86-24
Dear Ms. Putenney:
This is in further response to your letters dated March 24, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), records related to the Fermi 2 plant.
Twenty-one records contained in Region III files are being withheld pursuant to Exemptions (5), (6), and 7)(A) of the F0IA (5 U.S.C. 552(b)(5), (6), and (7)(A)) and 10 CFR 9.5(a)(5)(, (6), and (7)(i) of the Commission's reg Information withheld pursuant to Exemption (5) consists of drafts or records that contain the preliminary advice, opinions, and recommendation of members of the staff.
Release of this type of information would tend to inhibit the frank and candid exchange of information in future deliberations and thus would not be in the public interest.
There are no reasonably segregable factual portions because release of the facts would permit an indirect inquiry into the predecisional process of the agency.
Information withheld pursuant to Exemption (6) consists of personal information the disclosure of which would cause a clearly unwarranted invasion of personal privacy.
Information withheld pursuant to Exemption (7)(A) consists of investigatory records compiled for law enforcement purposes, the release of which 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 er a violation of NRC requirements from investigators.
Pursuant to 10 CFR 9.9 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 public interest.
The persons responsible for this denial are the undersigned and James E. Keppler, Regional Administrator, Region III.
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Ms. Putenney i This denial may be appealed to the NRC's 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 Connission, Washington, DC 20555, and should clearly state on the' envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."
Sincerely, cM)w<. N
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Donnie H. Grimsley, Direc r Division of Rules ano Records Of fice of Administration l
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Jul 16 1986 Ms. Jennifer E. Putenney Safe Energy Coalition of Michigan P.O. Box 331 IN RESPONSE REFER Monroe, MI 48161 TO F IA-8 4 AND F01A 6-24
Dear Ms. Putenney:
This is in further response to your letters dated March 24, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), records related to the Fermi 2 plant.
Twenty-one records contained in Region III files are being withheld pursuant to Exemptions (5), (6), and (7)(A) of the F0IA (5 U.S.C. 552(b)(5), (6), and (7)(A)) and 10 CFR 9.5(a)(5), (6), and (7)(i) of the Commission's regulations.
Information withheld pursuant to Exemption (5) consists of drafts or records that contain the preliminary advice, opinions, and recommendation of members of the staf f.
Release of this type of information would tend to inhibit the frank and candid exchange of information in future deliberations and thus would not be in the pubite interest.
There are no reasonably segregable factual portions because release of the facts would permit an indirect inquiry into the predecisional process of the agency.
Information withheld pursuant to Exemption (6) consists of personal information the disclosure of which would cause a clearly unwarranted invasion of personal privacy.
Information withheld pursuant to Exemption (7)(A) consists of investigatory records compiled for law enforcement purposes, the release of which would interfere with an ongoing enforcement proceeding.
Release nf this information could allow those being investigated to learn the scope, direction, and focus of investigatory efforts, and thus could possibly allow them to taka action to shield potential wrongdoing er a violation of NRC requirements from investigators.
Pursuant to 10 CFR 9.9 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 public interest.
The persons responsible for this denial are the undersigned and James E. Keppler, Reofonal Administrator, Region 111.
a Ms. Putenney This denial may be appealed to the NRC's 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 Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F01A Decision."
Sincerely, 6>:nc <. N twd Donnie H. Grimsley, Direct r Division of Rules ana Records Office of Administration
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