ML20211Q437

Further Response to 860324 FOIA Requests for Records Re plant.Twenty-one Records from Region III Withheld (Ref FOIA Exemptions 5-7)

ML20211Q437
Person / Time
Site:	Fermi
Issue date:	07/16/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Puntenney J SAFE ENERGY COALITION OF MICHIGAN
References
FOIA-86-244, FOIA-86-245 NUDOCS 8607250042
Download: ML20211Q437 (2)

Text

3 ,

Dbeoll>

, e m'o UNITED STATES

, 8" i NUCLEAR REGULATORY COMMISSION

$.  : C WAS HINGTON, D. C. 20555

• k / JUL 16 W Ms. Jennifer E. Putenney Sa/e Energy Coalition of Michigan P.O. Box 331 IN RESPONSE REFER Aonroe, MI 48161 TO F0lA-86-244 AND F01A-86-245

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 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 enwarranted 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 or 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.

8607250042 860716 PDR FOIA PUNTENN86-244 PDR

y j ',

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 Operatisns, 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."

Sincerely, d'>pnc.c N Y m d Donnie H. Grimsley, Direc r Division of Rules and Records Office of Administration

___~.--_a _

l SAFE ENERGY COALITION OF MICHIGAN P.O. BOX 331 MONROE,. MICHIGAN 48161 S. arch 24, 1986 Freedom'of Information Officer FREM OF INFORMATf0N NO U.S. Nuclear Regula' tory Commission Washington, D.C. 20555 D - 8 6 c3 4 9 Id A 4 -N %

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-Erlison' Company and the Fermi 2 nuclear power plant located in Monroe County, Michigan , 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 Auditor investi-gation on the July 2nd, 1985 reactor criticality / out-of-se-quence control rod incident l

Pursuant, 5 USC 552 (a) (4)(A), we hereby request waiver of all l 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 approval at the above address or at this ,

telephone number 313-477-3441 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 help in this matter.

Sincerely, y j (7 3 x

• !1N( kn/2m 7 -

Jennifer E. Puntenne

..-. - - _ - - - . . . - _ - - - -- _