ML20217D410

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Final & Third Partial Response to FOIA Request for Documents.App F & Portions of App G Documents Encl & Placed in PDR (Ref FOIA Exemptions 4 & 5).App H Records Being Withheld in Entirety (Ref FOIA Exemption 5)
ML20217D410
Person / Time
Site: Dresden, Byron, Braidwood, Quad Cities, Zion, LaSalle  Constellation icon.png
Issue date: 09/30/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Paradis P
POMERANTZ, LEVY, HAUDEK, BLOCK & GROSSMAN
Shared Package
ML20217D413 List:
References
FOIA-97-178 NUDOCS 9710030168
Download: ML20217D410 (9)


Text

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,, UO. NUCLEAM MECULATORY COMMIS$10N NHL r OiA ht uut h! Nu4e6 Hit.)

FOIA 178

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[ Y RESPONSE TO FREEDOM OF X XI nNat o^ u I leaaiiat 3rd INFORMATION ACT (FOlA) REQUEST gp 3 o 1997 (e see s, ,

VoCM 1 NUVist hM rd appinable) niava m n Paul 0. Paradis PART 1.-AGENCY HLCORDS HE LE ASED OR NOT LOCATED (See checAedbonest No egency records subject to the request have been located.

No cdditional agency records subject to the request have been located.

Requested records are available through another public distribution program. See Comments section, Agency tecords subject to the request that are identified in Appendiatest are already available for public inspection and copying at the N;;C Public Document Room. 2120 L Street, N.W., Washington, DC.

X Agency records subject to the request that are klentified in Appendiates) I are being made available for public Inspection and copying et the NRC Pubhc Document Hoom,2120 L Street, N W., Washington, DC, in a folder under this F OI A number, \

Tb nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with s member of my statf is now being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC,6n a folder under this F OI A number.

Agency records subject to the request that see identified in Appendiates) may lie inspected and copied at the N RC Local Pubhc Document Room 6dentified in the Comments section.

inclosed is infortnation on how you may obtain access to and the chstges for copying records located at the NHC Public Document Hoom,2 t 20 L Street, N W., Washington, DC.

y Agency records subject to the request are enclosed p

Records sub}cct to the request have been referred to another Federal agency (ies) for review and direct response to you. enclosed.

y Fees X You will be billed by the NRC for fees totaling 8 417.03 You will receive a refund from the NHC in the amount of $

In view of NRC's response to this request, no further action is being taken on appeal letter dated , No.

PART li. A-INFORMATION WITHHELD FHOM PUBLIC DISCLOSURE C*rtain informat6on in the requested records is being withheld f rom publ6c disclosure pursuant to the exemptions described in and for the teasons stated X

in P;rt it, B, C, and D, Any reloased portions of the documents for wh6ch only part of the record is being withheld are being made available for publ6c inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number, COMMENTS The actual fees for processing your request are as follows:

Search - 11 hours1.273148e-4 days <br />0.00306 hours <br />1.818783e-5 weeks <br />4.1855e-6 months <br />, 50 minutes $329.35 Review - 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> 10 minutes s 388.68 duplication - 1165 pages 233.00

$951.03 Since you have already submitted advance payment in the amount of $534.00, you will be billed by the NRC Division of Accounting for the remaining amount of $417.03.

This completes NRC action on your request.

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, , oime i-s, pai RESPONSE TO FREEDOM OF INFORMATION ACT (F31A) REQUEST FOlA - 97178 gp 3 o 1997 (CONTI'UATION)

! l PART t Sy APPUCASLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendiales) O 8 ke being withheld in t eir entirety or in part under the Elemption No.(s) and for the reason (s) given below pursuant to 5 U.S C. %2(b) and to CF R 9.17(s) of NRC regulations.

1. The withheld enformation to propsely tiessifed pursuant to f aeout6ve Order. {ltemption 1) j 1
2. The withheld informetoon senates solely to the enternet poteormet rules and procedures of NRC. (Imemption 2) l p . the wanceid into,maien .e sp ,fese, enemoted i,o,n puwie dew os,e by noivie i,#caiad. in tempison 3 s-nons ie no st ihe Aiomi. cne,,y Act.whwi p,0.ouis ih. d.sciosure ef Ren,med Deit o, r ormeriv Rentmed Daia (42 u.s.c. 2m.f au.

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Section 147 of the Atomic Energy Act,which prohibits the desc60sure of Unclassified Safepaards information (42 U.S.C. 2167).

l X d . The withheld enformaten is a trade seceet or commeecial or financialinformaten that is bemg wnhheld for the reasontal lnd60eted. (E nemption 4) l 1

g The 6nformeten is considered to to confidential busmess inapretarylinfoematen.

The enformaten es considered to te propretary enformeten pureuant to 10 CFR 2 790tdatil t

the informaten wee submetted and reconved in confidence pursuant to 10 Cf R 2 790 ldh 2) 6[ 1he withheld enfoemation consists of inteeseency or etesagency records that are ret evadable trwough decovery donng litigaten (E semption 6). Applicable Privilege:

Delibwetive Praete Disc 6osure of predeciseonat information would tend to enruist the open and frank enchange of ideas essential to the celibetsuve peacess.

X more reco<ds are wahheid in ihea emotv. ihe f uti are ine incouv inionwiaed with Die p<edoc seansiinlo<meinon ihere eso are no reasonauy sereneue f uiue

_ponions b.cou ihe t. ..se M ihe fscis wouid p.emii .n inde,wi movi,y inio the p,edecisen.i e,cm ess of ih. e,ency Attomey work-peoduct envilege (Denuments prepared by en ettorney in contempletion of tiogation 6 Attorney chent privliege. (Confidential communicatens between en attorney and his/her chent.)

. The withheld tnformaten es esempted from pubiic disclosure toteuse ne discloswo would result en a clearly unwarranted mvssion of personal pnvecy. (Imemption 6)

?. The withheld informeuen consists of records compiled for low enforcement purieses and is temg withheld for the reasontal endicated (E nemption 7)

Disclosure could reasonably be espec'ted to interfece with en enforcement proceedme because it could reveal the scope, direct 6cn. and focus of enforcement efforts, and thus could possibly ellow recipients to take act6on to shield potential wronyloing or a eclation of NRC requirements from investiestors (t mempt6cn 7 ( A))

Disclosse would constrtute en unwonented envessun of personal privacy. ([temption 7(C))

The wiformation consists of names of indivutuels and othet mformation the disclosure of which could reasonably be eatected to revealidentities of confidential sources. (E nemption 7 (Dil

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OTHEH l PART N. C-DENYING OFFICIALS Puesuant to 10 CF H 9 25(b) and/or 9 25(c) of the U 8. Nuctue Regulatory Commmen regulatens, it has been determined that the information wahheld 4s enempt from pro-duction or disclosure. and that its production or disclosure is conteary to the pubhc snterest. The persons responsible for the denisi are those offic6als identified below as denying effic%fs and the Director, Division of Freedom of Informaten and Publications Services. Office of Admmistration, for any demals that may be appealed to the Esecutive Director for C>erations (IDO).

l Of NYING Of flCI AL TiiL UOf flCE RICORDS DENIED APPELLAff OFFICIAL

[ ioo uca m v o Bamuel J. Collins idrectat._NRR Annondh G YY l Assistant Secretary of the nnette Vietti-Cook Comminion Annendh H YY I

I l PART N. D- APPEAL RIGHTS Tu densei by exh denving onic,andenefied in een n C may be enposed io ihe Appehate OHic M 6denUfied pere. Any such apped mun t.e made in wnung wnhm 30 days M fuespt of thts respones, Appeals must be addressed. as appropriate, to the E mecutive Director for Operat6ons, to cthe .c,,ta,y of the Commissen, or to the inspector General, U.S. Nucinr f.egulatory Commessen. Wuhington, DC 20W5. and should clurty state on the envelope and in the letter that it is en " Appeal from en initial F OI A Decision.

NRC F3RM 464 (Port 2)(1911 U S. NUCLEAR REGULATORY COMMISSION

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A1 Re F01A-97-178 APPENDIX F DOCUMENTS BEING RELEASED IN THEIR ENTIRETY NUMBER DATE DESCRIPTIOR

1. Undated Background information and resume's of Commonwealth Edison executives. (23 pages)
2. Undated Trends & Deviations of Dresden plants. (9 l_ pages) l
3. 12/3/? E-mail from Cathy Grimes to, subject: Visits to Car. McGaff*Jan. (1 page)
4. 1)/16/99 Memorandum for File from James M. Taylor regarding 11/14/99 Commonwealth Edison Company executives' visit. (2 pages)
5. 3/6/92 Memorandum for Record from James M. Taylor, subjects Drop-In Visit - Commonwealth Edison Company. (2 pages)
6. 12/8/93 Memorandum for Record from James M. Taylor, subjects Drop-In Visit -Commonwealth Edison Company. (2 pages)
7. 12/4/95 Memorandum to Record from James M. Taylor, subject: Drop-In Visit -- Commonwealth Edison. (2 pages)
8. 5/2/96 Commissioner's Briefing for COMED Meeting Concerning Dresden's Performance Pre-Brief of Chairman Jackson- vievgraphs, with handwritten notes. (9 pages)
9. 7/31/96 Memo from R. Capra to V. McCree, subject Commonwealth Edison Company Executives, Mr.

James O'Connor and Mr. Micnmel Wallace, Visit with Chairman Jackson, (2 pages), with attachmentet

a. Names and resumes of Comed officials, (2 pages)
b. Expected Topics for Discussion by Comed, (1 page)
c. Organization chart, (1 page)
d. Background Information on Comed, (3 pages)
e. Current Issues and Concerns, (5 pages)
1. Points to be Emphas12ed, (2 pages)

c Re FOIA-97-178 APPENDIX F DOCUMENTS BEING PLACED IN THE PDR (Continued)

NUMBER DATE DESCRIPTION l 4 l

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g. Recent Semiannual Plant Performance Assessments for Comed sites. (99 pages)
10. 12/3/96 Appointment Schedule of Edward McGaffigan.

(1 pages)

11. 4/2/97 Memo from L. Joseph Callan to the Commission, subject: Response to NRC's Request of Information Pursuant to 59.54(f) Regarding Safety Performance at Comed Nuclear Stations.

(1 page)

12. 4/21/97 Note to CoLmissioner Assistants from J.

Blaha, subject: Comed Supplement Response to 50.54(f) Letter. (10 pages)

13. 5/13/97 Commissioner McGaffigan's Visitor Log. (1 page)

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Re: FOIA-97-178 APPENDIX G DOCUMENTS BEING RELEASED IN PART NUMBER DATE DESCRIPTION 4

1. 11/9/95 Memo from R. Capra to V. McCree, subject:

Visit by Commonvenith Edison Company Executives, Mr. James O'Connor and Mr.

, Michael Wallace, With the Commission, (2 l pages), released, with attachments:

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a. Names and resumes of Comed officials, (10 pages), released,
b. Organization chart, (1 page), relemmed
c. Background Information on Comed, (2 pages), released
c. Current and Issues and Concerns, (4 pages), relemmed
d. Points to be Emphasized, (2 pages),

relemmed

e. Suggested Questions to be Asked'of the UtilA+y Management, (2 pages), withheld, EX. #
f. Sea : ~ .u.wal Plant Perf ormance Assessments for Comed sites. (25 pages), released.
2. Undated Cover sheet and table of contents -

Commissioner Briefing Paper for May 13, 1996 Commission Meeting with Commonwealth Edison Company, (2 pages), released, with attachments:

a. Viewgraphs - Commissioner's Briefing for Comed Meeting Concerning Dresden's Performance Pre-Brief of Chairman Jackson, 5/2/96, (9 pages), released
b. Background - Dresden Material Condition Major Improvemt'nts 1992 - 1996. (14 pages), portions withheld, EX. 4
c. Comed Spokespersons resumes, (7 pages),

released

d. Corporate and Dresden Station Organization charts, (2 pages), released
e. Dresden's Semiannual Plant Performance Assessment, (12 pages), released
f. Plant Issues List, (14 pages), released
g. AEOD conclusion - performance indicators assessment and data, (4 pages), released 1

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Ret FOIA-97-178 '

APPENDIX G DOCUMENTS BEING RELEASED IN PART (Continued)

NUMBER DATE DESCRIPTION

h. Region III Plants With at Least Twice the National Average of LERS, (9 pages),

relwamed

1. 1/30/96 letter from J. S. Perry to NRC regarding Dresden Station Improvement Plans and Progress with attachments, (20 pages), released
j. 6/20/95 letter from J. M. Taylor to J.

J. O'Connor regarding senior manager's findings, (3 pages), released

k. 1/29/96 letter from J. M. Taylor to J.

J. O'Connor regarding senior manager's findings, (2 pages), relemmed

1. Summary of Senior Management Meeting Results matrix, (5 pages), portions withheld, EX. 5
m. Dresden Licensing Issues, (1 page),

released

n. Dresden Significant Enforcement History (since June 1994), (1 page), released
o. 3/22/96 letter from Chairman Jackson to J. J. O'Connor regarding concerns about Comed nuclear facilities performance, (3 pages), released
p. Comed Progress in Resolving Issues Raised in Chairman Jackson's 3/22/96 itr to O'Connor, (3 pages), released
q. Suggested Questions to be Asked of the Utility Management, (2 pages), withheld in entirety, EX. 5
r. background Information on Comed, (2 pages), released
m. Current Issues and Concerns, (4 pages),

relemmed.

3. 11/27/96 Memo from R. Capra to V. McCree, subject:

Visit by Commonwealth Edison Company Executives, Mr. James O'Connor and Mr.

Michael Wallace with the Chairman and Commissioners, (1 page), relemmed, with attachments:

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l Re FOIA-97-178 APPENDIX G DOCUMENTS BEING RELEASED IN PART (Continued)

NUNDER DATE DESCRIPTION

a. Resumes of company officials, (2 pages),

released,

b. Expected Topics for Discussion by COMED, (1 page), released
c. Corporate Organization chart, (1 page),

released

d. Background Information on Comed , (3 pages), released
e. Summary of Plant Performance and Issues, (10 pages), released
f. Suggested Points for Fl.acussion, (1 page), withheld in entirety, EX. 5
g. Most Recent Performance Assessment and Plant Issues Matrix for each site, (252 pages), released
h. Power History Chart for each site, (10 pages), released.
4. 4/18/97 Memo from R. Capra to W. Dean, subject:

Meeting of Commonwealth Edison Company Executives With the Commission, (2 pages) released, with attachments:

a. Resumes of the Commonwealth Edison presenters, (5 pages) released
b. Organization Chart, (1 page), released
c. Background Information on Comed, (3 pages) released
d. Summary of SALP Ratings and Current Plant Issues, (5 pages), released
e. Nuclear Division Response to NRC Request for Information March 28, 1997, - 10 CFR 50.54(f) Safety Performance, (82 pages),

released

f. Proposed Questions for the Commission to Ask Commonwealth Edison Company During the April 25, 1997, Commission Meeting, (3 pages) withheld in entirety, EX. 5
g. 4/15/97 letter from T. Maiman, Comed, to NRC transmitting Comed's response to NRC request for information pursuant to 10 CFR 50.54(f), (9 pages), released

M Re F01A-97-178 APPENDIX G DOCUMENTS BEING RELEASED IN PART (Continued)

NUMBER DATE DESCRIPTION

h. Draft letter to Comed regarding 50.54(f) response, (2 pages), relemmed
i. 2/18/97 letter from T. Maiman to NRC transmitting Independent Assessment Team Report for LaSalle Station, (25 pages),

relemmed l j. 2/18/97 letter from T. Maiman to NRC, i transmitting Independent Assessment Team Report of Zion Station, (23 pages),

released

k. Recent Semiannual Plant Performance i Assessments for Comed Facilities, (70 pages), released.

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l Re FOIA-97-178 APPENDIX H RECORD BEING WITHHELD IN ITS ENTIRETY th. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 5/7/97 Note to Commissioner Edward McGaffigan from Jeff Bharkey, attaching draft staff-requirement memorandum regarding Comed 50.54(f) letter. G pages) EX. 5 l

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(~s MSW OnneNo: 37-/ FP OdonsAt 22g .fz POMCRANTz H AUDCK BLOCK & GROSSMAN Ac6on01 J /t.a n a paniwanesse swetuoiwe a poor a ss.o== compo=ariou gg g,g ATTORNEYG AT LAW 100 PARK AVENUE

  • NEW YORK, NY 10017 5510 *E"".0"E' taia s S8 b i 1 o o PAUL O PARADIS FAC&'MILO (tit) 68b S885 hiay 6,1997 hir. Carlton Kammerer Director, Division of Freedom of information & Publication Services U.S. Nuclear Regulatory Commission Of0cc of Administration hiall Stop T6E4 Washington, D.C. 20555 Re: Freedom ofit{formadon Act Request l

Dear hir,

Kammerer:

Pursuant to 5 U.S.C. 6 552(a)(3) and 10 CFR 5 9.23(b), I request copies of all notes, meeting minutes, summaries, transcripts, reports, records, memoranda, correspondence, and/or electronic messages concerning:

1. All meetings or conferences between NRC Commissioners or staff personnel and the lloard of Directors, or any member of the Board of Directors, of Commonwealth Edison Company that has been held since January 1,1990.
2. All communications, whether written, oral or electronic, between

! NRC Commissioners or staff personnel and the Board of Directors or any member of the Board of Directors of Commonwealth Edison Company since January 1,1990.

To the extent that the requested information is included in documents or records that

! contain the advice, opinions or recommendations of NRC staff, please produce all factual information that can be reasonably segregated, in accordance with 10 CFR 6 9.19(b).

I agree in advance to pay any fees associated with this request up to $500.00. I request that you notify me if the costs will be more than $500.00. I can be reached by telephone at (212) 661-1100. Thank you in advance for your assistance.

S icerely,

/

J t Paul O. Paradis POP:eaf

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