ML20216F286

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Final Response to FOIA Request for Documents Re Plant. Forwards App I Documents.App H & I Documents Available in Pdr.App I & J Documents Partially & Completely Withheld (Ref FOIA Exemptions 5 & 6)
ML20216F286
Person / Time
Site: Peach Bottom  Constellation icon.png
Issue date: 06/24/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Moriarty P
KYW-TV3, PHILADELPHIA, PA
Shared Package
ML20216F290 List:
References
FOIA-87-185 NUDOCS 8706300839
Download: ML20216F286 (5)
v • d • e


Text

U.S. NUCLEAR F<tdVLATO2Y COMMISSION ' Cc soia Riouf 5T Nuustat

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i RESPONSE TO FREEDOM OF Ol (o )#'

( )l seees INFORMATION ACT (FOIA) REQUEST g g4 g DOCatt Nuwstarsiin samaceae>

Afovtsfie p pad 1. RECORDS RELEASED OR NOT LOCATED ISite enecked bones)

NJ agency records subsect to the request have been located N) addrional egency recorde subrect to the request have been located.

Agency records subpect to the request that are sdentifed m Appendia , b

  • are already evaslable for puDhc inspection and copying m the NRC Public Document Room.

X 1717 H Street, N W., Washington, DC .

Agency records subpect to the request that are identifed m Appendia 1.' are being rnade available for public mspection and copying in the NRC Pubiec Document J

Room,1717 H Street, N W., Washingtor., DC, in a folder under the FOIA . -Jer and requester name. .

The nonpropnetary versson of the proposaHs) thet you egreed to accept m o telephone conversation with a member of my staff a now being made avalable for public inspection and coying et the NRC Public Document Room 1717 H Street, N W , Washington, DC, e a fonder under the FOIA number and requester name.

Encioned a mformaton on how you may obtam access to and the charges for copying records placed in the NRC Pubhc Document Room,1717 H Street, N W., Washington, DC.  !

Agency records subsect to the request are enclosed. Any appbcable charge for copes of the records provided and payment procedures are noted in the comments section.

Recorde subpect to the request have been referred to another Federal agencytes) for revew and direct response to you.

I In vow of NRC's response to the requeet, no further action a bemg taken on appealletter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE C:rtain information in the requested records is bemo withheld from pubhc declosure pursuant to the FOIA exemptions desenbod in and for the reasons stated m Part it, sec- ,

teans B C. and D. Any released portions of the documents for which only part of the record a being withheld are being made available for pubhc inspection and copying m  !

the NRC Pubhc Document Roorn,1717 H Street, N.W., Washington, DC, an a folder under the FOIA number and requester name.  !

Comments .

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[EEDOM'CF iMMATCN ACT RESPONSE FOiA NLMetr< s foI4 47-gr5' un JUN 2 4 W PA27 il B- APPLICABLE FOIA EXEMPTIONS RecArds subtect to the request that are OeScribed in the enclosed Appendices . _ are bemg withheld en their enbrety or in part under FOI A Ecmptions and for the reasons set forth below pursuant to 5 U.S C. 552(b) and 10 CFR 5(a) of NRC RegJations.

1. The erhheid mformation a procerty class /ed pursuant to Esecutive Order 12356 ttXEMPTiON 16  ;

J 2 The mthheld mformation rotates so6eiv to ?e internal personnel rules and procedures of NPC iEXEMP?lON 21 3 The withheld information e scocAcally enrSted from public declosure by statute mdicated (EXEMPTION 31 Secten 141145 of the Atome Energy Act which prohibits the d sclosure of Restncted Da a or Forrr<erly Restrictec Data R2 U.S C. 21612165).

Secten 147 of the Atomic Energy Act smich prohibits the disclosure of Unclassifed Safeguards informaten 142 U S C. 2167).

4. The wthheld information is a trade secret or commercel or fmancial information that a bemg withheld for the reasontsi indicated: (EXEMPTION 4)

The information a considered to be cordadential busmess fproprietaryl information.

The information is considered to be procnetary information pursuant to 10 CFR 2.790(dii1.

The information was submmed and recoved m confidence from a foreign source pursuar't to 10 CFR 2 790tdl(21

5. The wthheld informat on conents of inters;ency or mtraagency records that are not availacie through d scovery dunne litigation. Declosure of predeceionai information would tered to inhabit the open and frank enchange of ideas essential to the dehberative process. Where records are withheld m their entirety. the facts are mentocaoly mtertwmed wth the preuecimenal mformaton There aino are no reasonably segregable factual portions because the reinase of the facts would permit en mdirect mquiry mto the predecaenel process of the agency. IEXEMPTION 5)
6. The wthheld mformation is eneavted fror public duc60sure because its disclosure would result in a clearty unwarrarited mvasion of personal pnvecy (EXEMPTION 61
7. The wthheid informaten cornsts of inves satory records compiled for law enforcement pv' poses and a bemg wthneed for the reasontsi indicated 4 EXEMPTION 71 Dec60sure would interfere wth an enfor:ement proceeding because it could reveel the scope. directen, and focus of enforcement efforts. and thus could poesitwy allow them to take acten to e9 eld potentist wrongdomg or a violation of NRC requirements from invesogators. (EXEMPTION 71AH Deciosure would constitute an unwerremed mvasen of personal ptrvacy (EXEMPTION 7 C9 The informaten consats of names of insviduals and other information the declosure of which would reveal identraes of confidential sources. IEXEMPTION 76D1)

PART ll C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 9.16 of the U.S. Nu:sest Regulatory Commason regulatens. it has been determmed that the informatson withheld a esempt from producten or declosure, and that ris producten or declosure a contrary it the public mierest. The persons responsible for the denial a4 those officials identifed below as denying officials and the Director.

Deveen of Rules and Records. Offee of Admms aten, for any denials that may be appeated to the Esecutive Osector for Operations itool DENylNG OFFICIAL TITLE / OFFICE RECOBOS DENIED _ , APPELLATE OFFICIAL WMT. Mf >

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PART 1t D- APPEAL RIG >fTS The 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 wrtting and must be made within 30 days of receipt of this fesponse. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commissen, U.S. Maclear Regulatory Commission, Washington DC 20566, and abould clearfy state on the envelope and in the letter that it is an " Appeal from en hitial FOIA Docsaion.

NRC FOR8st see (Port 21 U.S. NUCLEAR REGULATORY COMMIS$10N mai FOIA RESPONSE CONTINUATION

1 i

., j Re:'F01A-87-185 APPENDIX H l

' RECORDS MAINTAlhED AMONG'POR FILES

1. 7/12/83 Philadelphia Electric Company response to NRC letter i dated 6/13/83 (9 pages) Published in hUREG 0940, Vol. 2.

No. 3, Enforcement Actions: Significant Actions Resolved, Quarterly Progress Report on Page I.A.378. Accession No. -l 3

8312070375

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'Re: F01A-87-185 l

-APPEhDIX I RECORDS PARTIALLY WITHkELD

1. 7/17/65- Letter to employee, Philoelphia Electric Co., from T.E.

Murley, Region I, subject: Enforcement Conference. (2 pages) Ex. 6

2. 10/29/86 SECY-86-322, subject: Operating Power Redctor Requiring Increase NRC Attention and Resoure.es (4 pages) Withheld Ex. 5 w/ enclosures: ,

(a) Enclosure 1 (7 pages) Withhald Ex. 5 (b) Enclosure 2 (17 pages) (Portions Withheld) Ex. 5 .

Release: Peach Bottom Unics 2 and 3 (1 page).  !

(c) Encisoure 3 (14 pages) Withheld Ex. 5 I (d) Enclosure 4 (4 pages) Wit'heid n Ex. 5

)

,7 /- .o Re: F01A-87-185 APPENDIX J {

RECORDS T0 TALLY WITHHELD

1. Uncated Draft letter to Philadelphid Electric Co., (EA-84-94) (3 pages)Ex.5
2. Undated Draft Operational Performance Problems at Peach Bottom Talking Paper for ED0 Senior Management Meeting, April 23

& 24, 1986. (6 pages) Ex. 5

3. Undated Draft Updated Operational Performance Problems at Peach Bottom Talking Paper for EDO Senior Management Meeting, April 23

&24,1986.(4 pages) Ex. 5

4. Undated Draft Changes at Peach Bottom Since April 1986 Talking Paper for EDO Senior Management Meeting October 21 and 22, 1986. (5 pages) Ex. 5

'5. Vn' dated EA 86-59, Letter from Thomas E. Murley to Philadelphia Electric, subject: Notice of Proposed Imposition of Civil Penalties (7 pages). Et, f

6. Uncated EA 86-59, Peach Bottom memo from Thomas Murley to James Taylor, subject: Proposed Civil Penalty with enclosures (11 pages).

(a) Form requesting review, cated 4/9/86 (2 pages).

G X. C I

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KYW-TV 3 INDEPENDENCE MALL EAST C PHILADELPHIA PA 19106 TELEPHONE 238 4700 W

GROUP W TELEVISION,lNC april 1,1'307 Nuclear Reaulatory cot 11ssion FREEDOM OF INFORMATION Uirector, Oivision of :? ales u .te:ords ACT REQUEST

. Office of r.dninistration MA-87 E sashincton, OC 21555 Sg g-J-#7

Dear Sir:

This is a recuest under the Freedo1 of Infor,ation lict as a, ended (5 U.S.C. 552).

I a, writing to recuest a'l infor,ation that pertains to safety _

violations .'t the Peach 30tto, nuclear wver plant. TSis should include all internal ,e,oranda, on-site ins,ector's reports, and any testi,onial evidence so;nlied Sy Peach Jotto, e,ployees, for,er e,ployees, or govern,ent infor,ers. I en most interested in obteining any docu1ents used by the IUC in laking its decision to shut down operations at ?each Jotto1.

Please include background infor1ation relating to safety violations uncovered in 1933 and 1934. Mditionally, I would like any infor1ation used by the IGC when it listed Peach Gotto, as one of 16 U.S. reactors with significant operating proble,s.

To avoid any lisunderstanding of ny reauest, I an enclosing l a newspaper article that outlines the areas I a, interested in.

! a, aware that the F0la provides that if only portions of a file are exe,pted fro, releace, the reiainder ,ust Se released. I there- 1 fore recuest that I be provided with all non-exe,pt oortions which are reasonably segregable. 1, of course, reserve ,y right to apaeal the withholding or deletion of any infor,ation.

Wp T130383 '

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(YW-TV 3 INDEPENDENCE MALL E AST C PHILADELPHIA PA 19106 TELEPHONE 238-4700 jy GROUP W TELEVISION.INC.

4 Page 2 I a, ore,ared to ocy reasonable costs for locating the reouested infor,ation and reproducing it. The alended rict does orovide, however, that you lust reduce or i<arte fees if it "is in the oublic interest because furnishing the infor ution can be con-sidered esari urily benefitting the i>uSlic." I believe this recuest ,leinly fits that category. I therefo e esk you to vive any i fens, if you rule othervise, and if the feas '<ill exceed 553.)), l I renuest oer,ission to reviet< the encords ivhich are res;)onsive to this recuest and to select those i<hich I vant copied.

If you have any cuestions regarding this recuost, clease telephone

,e et 215-2'5-4825.

As provided in the Freedo, of info-1ation .i.ct, I ' vill exoect to receive e realy within ten working days.  ;

fcerely

%JPaul doriarty KY'i-TV 5th & Market St.

Philadelphia, ?a. 19106

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. . . . . .. . .. . . . m a m suurens North Carolina district, fu5 ding measures.

PE ordered to close plant PEACH BOTTOM, from I.A tom's operation.

doned" the behavior or they "should People are running plants, using i Last year, PE was fined $200,000 for drugs and falling asleep at the have known." a safety violation by one of the whect." he said.

  • Plant management above the su. plant's 12 licensed operators. The vi.

An NRC source in Washington said pervisor level" knew or should have olation went undetected by three it was "a bit surprising" that it took known" what was going on and they 8eParate safety systems. The com. the agency's on. site inspectors so "either took no action or inadequate pany was fined a total of 5170.000 for long to detect the problem, given action to correct this situation.a five violations in 1983 and 1984. that the agency has disciplined PE Stello said NRC regulations " pro. Last summer, NRC officials listed hibit sleeping or otherwise inatten. the reactors among 16 in the United before because of violations at the plant and that the problems were tive operators" and that Peach Bot. States with significant operating ' a!!cged to have been going on for at tom's quality. assurance program problems. In a report to a congres- least five months.

~ failed to identify this condition ad, sional subcommittee, the NRC sug-verse to safety.a -

PE owns 42.49 percent of the plant gested that utility officials allowed as does Pubhc Service Electric & Gas!

The shutdown began at 11:30 a m. " poor practices and attitudes" to de-Atlantic Electric and Delmarva yesterd.ty and must be complete in 36 telop at Peach Bottom because they Power each own 7.51 percent of the hours, cccordmg to the NRC order. It were preoccupied with getting its operation.

was ock clear yesterday howlong the new units at Limerick operating. Spokesmen for Atlantic Electric plant would be shut down. Private groups opposed to nuclear and Delmarva conceded that the "We have no idea right now. That power reacted quickly to yesterday's shutdown would increase their costs, all depends on what they do to fix shutdown. but they said it was too early to judge the problem." said Karl Abraham, an "I think the fact they've been sleep. .the effect.

NRC spokesman in King of Prussia. log on the job is a clear sign of a lack Edward F. Anderson, a spokesman Before PE can restart the plant, the of respect for the Nuclear Regulatory for PSE&G, said the utility would company will have to file with the Commission " said Frances Skolnick, have " sufficient power" for its cus.

NRC "a detailed and comprehensive coordinator for the Susquehanna tomers without having to go to out-plan and schedule" of what it in- Valley Alliance. side sources.

tends to do to correct the problem, "I am glad that the plant has been PE intends to buy power from be said, closed down because I really feel other regional utilities to replace the McDermott said PE began its own that with those kind of operators at a electricity lost in the Peach Bottom investigation of the charges yester- nuclear power plant, the pubtle shutdown, McDermott said.The com-day. "Philadelpbla Electric Co. Is de- health and safety is most definitely pany will have to pay higher prices termined to get to the bottom of this being jeopardized," said Skolnick, for it than for electricity it gener-so as to determine whether there is whose group was formed in the wake stes, he said, any truth to these allegations," he of the Three Mile Island accident in Tbc price of PE's common stock said. 1979.

"The company is committed to take Tell as much as 51.875 a share after Ken Bossong, director of the Pub. the shutdown was announced but it whatever measures are necessary to lic Citizen's Critical Mass Energy , recovered from a low of $20.75 to assure that plant operations are con. Project in Washington, criticized the close at 521.875 a share, down 75 ducted with the highest degree of NRC. cents a share from the close of trad-professionalism and excellence," he "It {llustrates the fact that the NRC ing on Monday, said. has totally failed to implement any. Wall Street analysts expressed lit.

He declined to identify the employ- thing in the way of a worker. training tie alarm about the effect of the ces involved. He said that because program," he said. "It was required order on PE's finances.

the NRC's findings are " allegations," to do so by a 19821aw,"said Bossongl "I don't think it's an earth-sbatter.

no disciplinary action has been whose organization, founded by ing or an unmanageable problem. I taken against any employee. Ralph Nader in 1971, had filed law. think it is more an embarrassment NRC spokesmen said yesterday suits to force compliance, than anything else," said Den Scotto, that the sbuidown order was "the "The problem is endemic to the an analyst with LF. Rothschild Un-first of its kind." But yesterday's or. Industry. There is no training of terberg Towbin Inc. In New York.

der was not the first time the agency

  • workers in any kind of formalized He said the implications were had disciplined PE over Peach Bot- way, and consequently unqualifed
  • pretty severe" for the other owners as well, although most of yesterday's -

attention was focused on PE, the 11 censee and operator.

Rodd Anderson, vice president of

. stock trading at Shearson Lehman Brce., said the effect on PE and its payment of dividends would depend on how long the plant is closed.

He attributed the recovery of PE stock yesterday to its high dividend.

- At the current dividend of $2.20 a

  • year, shareholders get a return of more than 10 percent a year.

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