ML20215M658

Further Response to Appeal Re Denial of FOIA Request for Documents Re Facility.Portions of Five Documents Continue to Be Withheld (Ref FOIA Exemption 4)

ML20215M658
Person / Time
Site:	Fermi
Issue date:	05/08/1987
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Puntenney J SAFE ENERGY COALITION OF MICHIGAN
References
FOIA-86-430, FOIA-86-A-148 NUDOCS 8705140079
Download: ML20215M658 (1)

Text

[

o UNITED STATES FDeo%

'g

' )

I g NUCLEAR REGULATORY COMMISSION g  : E WASHINGTON, D. C. 20555

\....+/

0 Ms. Jennifer E. Puntenney 1987 l

Executive Director l Safe Energy Coalition of Michigan IN RESPONSE REFER P. O. Box 331 TO F01A-86-A-148 Monroe, MI 48161 (F01A-86-430) ,

Dear Ms. Puntenney:

This is in further response to your letter dated August 19, 1986, in i which you appealed Mr. Donnie H. Grimsley's letter dated July 16, 1986, '

which denied portions of five documents subject to your Freedom of Information Act (F0IA) request for documents regarding the Fermi plant.

My letter to you dated October 31, 1986, continued to deny one document and stated that the NRC had not received a response to our letter to the  ;

originator of the other four documents concerning a proprietary claim.

Detroit Edison's response has been received and reviewed, and I have determined that the previously withheld information in the four documents will continue to be withheld from public disclosure pursuant to Exemption (4) of the F0IA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Comission's regulations. Your appeal is, therefore, denied.

The withheld information concerns budget allocations pertaining to salaries which Detroit Edison treats as confidential information.

This is a final agency action. As set forth in the F0IA (5 U.S.C.

552(a)(4)(B)), judicial review of this decision is available in a district court of the United States in either the district in which you reside, have your principal place of business, or in the District of Columbia.

Sincerely, Victor Stello/

xecutive Director for Operations i

l l

9705140079 870508 9

PLR FOIA PUNTE86-A-148 PDR j 1

SAFE ENERGY COALITION OF MICHIGAN P.O. BOI 331 MONROE, MICHIGAN 48161 8/19/86 Mr. Victor Stello APPEAL OF INITIAL FOIA DECIS!ON U S 1 e ula or C s on 6 / Y 6-WO)

Washington, DC 20555

/

7

Dear Mr. Stello:

This is an appeal from the Initial F0IA Decision regarding the F0IA request dated June 11,1986 (F0IA 430).' The Safe Energy Coalition of Michigan requests an appeal of the decision to deny these documents. We were notified of this denial by a letter dated July 16, 1986, this is a fonnal appeal to that denial. Thank You.

Sincerely,

?.m < f N/b'n 'r.:

cc Congressman John Dingell 'Jennifer E. Puntenney Monroe County Board of Commissioners Executive Director, SEC i Congressman Edward Markey (313) 477-3441 Senator Carl Levin Senator Donald Riegle Attorney General Frank Kelley Billie Garde, GAP l l

)

I g

1

j.ansec, o y').([g 4

g UNITED STATES NUCLEAR REGULATORY COMMISSION l 'vASHINGTON. D. C. 20555

% ..... JUL 1 e 1986 l

Ms. Jennifer E. Puntenney Safe Energy Coalition of Michigan P.O. Box 331 IN RESPONSE REFER Monroe, MI 48161 TO F01A-86-430

Dear Ms. Puntenney:

This in partial response to your undated letter, that the NRC received on June 11, 1986, in which you requested, pursuant to the Freedom of Information Act (FOIA), all records regarding (1) Fermi 2 produced by INP0 and NRC records to INPO, (2) security problems and violations since 1984, and (3) meetings on June 2-3, 1986, with Region III Staff and other parties.

Portions of documents 1 through 4 listed on the enclosed Appendix A contain budget allocations which the licensee considers confidential business (proprietary) information. This information is being withheld from public disclosure pursuant to Exemption (4) of the FOIA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Comission's regulations. We have asked the originators of this information to review their proprietary claim, and will let you know if the documents, or any portions thereof, may be disclosed to the public.

Certain information has been deleted from document 5 listed on Appendix A because it is not within the scope of the request.

Portions of document 6 listed on Appendix A have been deleted in order to withhold names of offenders. Because disclosure of this information would l

constitute a clearly unwarranted invasion of personal privacy, it is being withheld from public disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C. 552(b)(6)) and 10 CFR 9.5(a)(6) of the Commission's regulations.

Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been determined i that the information withheld is exempt from production or disclosure, and that J

its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. James G. Keppler, Regional Administrator, Region III.

l i

1 1

?

. m - - -

m *

. ~ . - .

+

, Ms. Puntenney 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 Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal f rom an Initial F0IA Decision."

Sincerely, I

J uc. 4 Donnie H. Grimsley, Director

' Division of Rules and Records Office of Administration

Enclosure:

As stated i

F I

J 6

F01A-86-430 Appendix A

1. Undated Detroit Edison Company Management Position Questionnaires - Exemption 4

2. - Undated . Detroit Edison Company Management Position Questionnaires - Exemption 4

3. Undated Detroit Edison Company Management Position 4

Questionnaires - Exemption 4

4. Undated Detroit Edison Company Management Position Questionnaires - Exemption 4

5. 01/30/86 Fermi 2 Management Update (13 pages) - (bracketed material does not pertain to security problems

as requested under this F0IA)

6. 03/05/86 Two Licensee's printouts for nonconformance update (21 pages) - Exemption 6 i

e l

I 1

t 1

i k

'l t

- _ , r,.,, -- - . < . - ,,, , , - . ,- , ,,n,--,n v - - < - - - , - ,,, -

SAFE ENERGY COALITION OF MICHIGAN P.O. BOX 331 MONROE.. MICHIGAN 48161 m.o. -

Freedom"of Information Officer FOI A-86WO

^ .

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 g ;f g

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 information including documents, notes, memos, reviews, re-ports, etc. regarding Fermi 2 (Monroe County, inichigan) produced by the Institute of Nuclear Power Operations (INPO),

(a.) This should include, but not be restricted to the September, 1985 and the April,1986 review of the operations and management of Fermi 2 and its owner the Detroit Edison Company, (b.) Also included should be any Nuclear Regulatory Commission information, reviews, reports, or responses, etc. to INPO t in regards to th? Fermi 2 nuclear power plant.

(2) All information , including reports, reviews, documents., notes, memos, etc. regarding the security problems and violations issued at the Fermi 2 nuclear planis since 1984. l (3) All information, including documents, reports, minutes, memos, transcripts, etc. from all meetings held on June 2nd and 3rd,1986 with Region III staff and other. parties, such as the Fermi 2 In-dependent Overview Committee (IOC) . Detroit Edison Co., Monroe Coun-ty government officials, INPO, financial institution representatives, press, etc. regarding the Fermi 2 nuclear power plant.-

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 concidered 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 telephorie 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 afterfor you you yourreceive help inthis thisrequest, matter. as specified in the Act. (FOIA). Thank ,

Sincerely,

r. EbJ Jenni er E. Puntenn f

__ , , _ , _ _ . . , . . - _ _ . . _ _ - - - . _ _ _ _ _ . . _ . _ _ _ . . - _ _ . - , - _ _ - - _ _ , _ , _ . - - . _ _ - - _ . - - - - _ _ , . _ . _ . - - - - _ _