ML20215H418

Partial Response to FOIA Request for Documents.Forwards App B Documents.App a & B Documents Also Available in Pdr. App C Documents Withheld (Ref FOIA Exemption 5)

ML20215H418
Person / Time
Site:	Peach Bottom
Issue date:	06/19/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Rubinton D GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20215H421	List: ML20215H418 ML20215H435 ML20215H443
References
FOIA-87-228 NUDOCS 8706240097
Download: ML20215H418 (5)

Text

1 U.S. NUCLEAR REGULATORY COMMISSION NRc sOiA Rioutsi NuustR s> 1 y

/* *'% ,

ferA-P7 ~?M H[SPONSE f vPL f

," / I "^' W '*" "^'

l 5 RESPONSE TO FREEDOM OF *

. ^

.lNFORMATION ACT (FOlA) REQUEST

\*e.e*

J11N 1 a mn, DOCKEY hyrdB(R(Si 6/r aduIc'ed " 3JUI

- l EfOUESTER 9

>. ML2.Shi&~ PART 1.-RECORDS RELEASED OR NOT LOCATED ISee checked boxes)

No agency records subtect to the request have been located No additonal egency records subsect to the request have been located l Agency records subject to the request that are identified in Appendix A J are already available for public inspection and copying in the NRC Public Document Room, X 1717 H Street, N.W., Washington, DC.

Agerny records subject to the request that are identified in Appendix b are being made avariable for pubhc inspection and copying in the NRC Public Document X T Rcw3rn,1717 H Street, N W c Washington, DC, in a folder under this FOIA number and requester name The nonpropnetary vraion of the proposalts) that you agreed to accept in a telephone conversation with a member of my staff is now being made availatAe for public inspection and coying at the NRC Pubhc Document Room,1717 H Street, N W , Washington, DC, in a folder under this FOIA number and requester name.

Enclosed is infortnation on how you may obtain access to and the charges for copying records placed in the NRC Pubhc Document Room 1717 H Street, N.W., Washington, DC.

Agency records subject to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments section.

Records subject to the request have been referred to another Federal agencylies) for review and direct response to you.  !

In view of NRC's response to this request, no further action is being taken on appealletter dated PART li.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being wrthheld from pubhc oisclosure putsaant to the FOIA exemptions described in and for the reasons stated in Part il, sec-cons B, C. and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspsetion and copying in the NRC Pubhc Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

Comrrsnts

$ .A iTs 2.f4 N R t. / b M>is M Re ( F DR) ,17 q H M' e -

, D. c , A FoT 4 - F 7-O n #*

B706240097 870619 PDR FOIA PDR RUBINTOB6-228 A

SIG ATue ICTOR. DMSiO - ,ES AND RECORDS a, A

W 13 3 -

.-'T- T q. - ,

Q ' '

g &

NRC FORM 464 iPart 11 to asi

l l

FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBER;$1 hd2[

PART H B- AFPLICABLE FOIA EXEMPTIONS

[*d d[ D ATE. h h[

f Arcords subject to the request that are described in the enclosed Appendices b are being withheld in thest entirety or in part under FOIA Entmptions and for Jhe reasons set forth below pursuant to 5 U.S C. 552(b) and 10 CFR 9 Sta) of NRC Regulations.

1. The wthheld informaton a property classefed pursuant to Executive Order 12356 (EXEMPTION 11

2. The withheld mformaton relates solely to the intamal personnel rules and procedures of NRC IEXEMPTION 2)

3. The withheld information as specifically exempted from public disclosure by statute indicated. (EXEMPTION 31 l

Seaton 141-145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerly Restrcted Data 142 U.S C. 21612165).

Sectm 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information (42 U.S C. 2167b

4. The wrthheld information a a trade secret or commercial or financial information that is being withheld for the reason (s) mdicated- (EXEMPTION di j

The information is conssdered to be confidental busmess (propnetaryl information.

I The information a considered to be proprietary information pursuant to 10 CFR 2.790ldHIL l

The information was submitted and received in confedence from a foreign source pursuant to 10 CFR 2.790(dH2). 1

5. The withheld information consists of interagency or intraagency records that are not available through discovery during litigaton. Osclosure of predecsional infonration would tend to inhibit the opers and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextrir.4bly X intertwmed wrth the predecisional mformat on. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect movery into the predecisional process of the agency. (EXEMPTION 5)

6. The withheld information a exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 6)

7. The withheld information consists of mvestigatory records compded for law enforcement purposes and is being withbe6d for the reason (s) indicated. (E.XEMPTION 7)

Disclosure would interfere with an enforcement proceeding because it could reveal the scope. direction, and focus of enforcement efforts. and thus could possibly allow them to take action to sheld potential wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7(A))

Osclosure would constitute en unwarranted invasion of personal pnvacy IEXEMPTION 7tC))

The information consists of names of mdividuals and other informaton the disclosure of which would reveal identities of confidential sources. IEXEMPTION 7(Di)

.:a -

PART 11 C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and for 9.15 of the U S. Nuclear Regulatory Commission regulatons. it has been determined that the informaton wrthheld is exempt from producten or disclosure, and that its producten or disclosure a contrary to the public interest. The persons responsible for the densa! are those officials edentifed below as denying officials and the Director, Divicion of Rules and Records. Office of Administraton, for any densais that may be appealed to the Executive Director for Operatens (EDot DENYING OFFICIAL _

TITLfgOFFICE ,

RECORDS DENIED APPELLATE OFFICIAL y Qpa , 3

{ SECRETARY EDO N . ,

Y - .

%-+

PART 11 D- APPEAL RIGHTS Th@ denial by each denying official identified in Part ll.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in wnting and must be made witnin 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to ths Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter tW.t it is an " Appeal from an initial FOIA Decision."

NIC FOW 464 tPeri a U.S. NUCLEAR REGULATORY COMMISSION

(* *si FOIA RESPONSE CONTINUATION j

Q>

I[y>; .

Re: F01A-87-228 APPENDIX A RECORDS MAINTAINED AMONG PDR FILES

1. 9/17/85 Inspection Report No. 50-278/85-31. (PDR Accession number 8509300287.)

2. 9/25/85 Letter to Philedelphia Electric Company from T. Murley, Region I, subject: Inspection Report No. 50-278/85-31.

PDR Accession No. 8509300283

". 10/25/85 Letter from Philadelphia Electric Company to Thomas Martin, re: Inspection Report 50-278/85-31 AN0: 8511041098.

4. 11/13/85' NRC, Region I to PECO re: acknowledgment of 10/25/85 letter in response to Inspection 50-278/85-31(5pages)

(PDRAccession 8511190166)

5. 5/6/86 Synopsis of 01 Report I-85-019. PDR Accession No. 8606090434.

6. 5/20/86 Letter from Richard W. Starostechi to S.L. Daltroff transmitting Inspection Report 50-278/83-31 and Office of Investigation Report No. 1-85-019 synopsis. ANO: 8606090423.

7. 9/22/86 Letter from William F. Kane to S.L. Daltroff, subject:

Investigation No. 50-278/1-85-019. ANO 8702170063.

8. 10/22/86 Letter to William Kane from Philadelphia Electric Co.,

with attached " application for Withholding of Report of Investigation from Public Disclosure". AN0: 8702170042.

(4 pages)

9. 11/7/86 Notice of License Meeting, No.66-129. AN0: 8702190560

10. 2/3/87 EN 87-05 Accession 8702170046,

11. 2/9/87 NRC, Region I to PECO, re: Notice of Violation and proposed Imposition of Civil Penalty (NRC Investigation Report No. 1-85-019)(6 pages) (PDR Accession 8702170654),

12. 3/6/87 Letter from J.W. Gallagher to James Taylor enclosing

$50,000 civil penalty. ANO: 8703120078.

13. 3/12/87 NRC, IE to PECO re: Acknowledgment of Receipt of 3/6/87 Letter and Payment of Civil Penalty (1 page) (PDR Accession 8703170155).

~.-

Re: F01A-87-228' APPENDIX B RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER

1. 5/12/86 Memo from Victor Stello to Harold Denton, James Taylor, and Guy

'Cunningham, subject: 01 Report No. 1-85-019 dated May 8, 1986, subject: Peach Bottom Atomic Power Station (PBAPS) alleged Threats to Employees to Prevent Disclosure of Possible Overexposure to NRC (1 page).

2. 6/23/86 Memo from Robert Bernero to Harold Denton, subject: Office of Investigations ~(01) Report No. 1-85-019: NRR Staff Review and Analysis (4 pages).

e O

r

. 6 Re: F01A-87-228 APPENDIX C RECORDS TOTALLY WITHHELD

1. 6/5/86 Memo from James Lieberman to Thomas Murley, James Taylor, Harold Denton, subject: 01 Report 85-019 (5/8/86)--Peach Bottom Atomic Power Station. (14pages) Exemption 5.

4 J