ML20217F903
| ML20217F903 | |
| Person / Time | |
|---|---|
| Site: | Cooper  |
| Issue date: | 04/21/1997 |
| From: | Matthews J MORGAN, LEWIS & BOCKIUS |
| To: | Kammerer C NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20217F876 | List:
|
| References | |
| FOIA-97-148 NUDOCS 9708070049 | |
| Download: ML20217F903 (3) | |
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April 21,1997
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i VIA FEDERAL EXPRESS U.S. Nuclear Regulatory Commission ATTN: Mr. Carlton Kammerer
- Director, Division of Freedom of Information & Publications Services Mail Stop T6E4 Two White 1; lint North 11545 Rockville Pike Rockville, MD 20852 2738 Re:
Freedom ofInformation Act Request
Dear Mr. Kammerer:
Pursuant to the Freedorn ofinformation Act ("FOIA"),5 U.S.C. { 552(a)(3), and 10 CFR
$ 9.23(b), please provide copies of those parts of any NRC reports, notes, minutes, briefing books and supporting materials regarding discussions of the Cooper Nuclear Station, Docket No. 50 298, (CNS), operated by the Nebraska Public Power District (NPPD), at the NRC Senior Management Meetings (SMMs) conducted in June 1993, January 1994, June 1994, January 1995, and June 1995.
I understand that the NRC has produced documents relating to these SMMs in response to prior FOIA requests by other individuals, llowever, it appears that information relating to CNS was redacted from the copies of these documents placed in the NRC's Public Document Room (PDR) pursuant to FotA Exemption 5 (10 CFR Q 9.17(5)). I believe that the following documents likely contain information responsive to this request that has been redacted:
Results of the NRC Senior Management Meeting Ileid June 14-16,1993 (PDR Accession No. 940120127 930928)(FOIA PATTERS93-441)
Results of the NRC Senior Management Meeting Ileid January Il 13,1994 (PDR Accession No. 9509150306 950807)(FOlA COPELAN95-219) 9700070049 970005 PDR FOIA MATTHEM97-140 PDR PtuladelpNa WasNngton New York Los AW Mema Harristus Pntreton London Bruswis Frankfurt TWyo Mno?? T
Morptn.1xwis 6dOCkiuS m U.S. Nuclear Regulatory Commission April 21,1997 Page 2 NRC Senior Management (SMM) Summary dated January 11 13,1994, Region IV,(PDR Accession No. 940825135 940818)
Senior Management Meeting Sununary and Related Encio.ures, June 7 8,1994 (PDR Accession No. 9503060279 940909)(FolA TEAQUE94 316)
Letter from James M. Taylor, former Executive Director for Operations, NRC, to the NRC Chairman on Results of the NRC Senior Management Meeting lield June 7-8,1994 dated June 17,1994 (PDR. Accession No. 9509150344 950807)
(FOIA COPELAN95 219)
Results of the NRC Senior Management Meeting lleld in January 1819,1995 (PDR Accession No. 9509080025 950801)(F01A WILLIAM 95 218)
Following the January 1994 SMM process, the NRC issued a " trending letter" to NPPD management regarding CNS' downward trending performance. Follow-up trending letters were then issued following the June 1994 and January 1995 SMMs. A letter removing CNS from dmynward trending status was issued following the June 1995 SMM. The NRC publicly announced its decisions regarding these trending letters. Therefore, we believe that information from the SMMs relating to CNS should be released for the same reasons the NRC has released infomiation regarding plants which were placed on the watch list.
Moreover, we believe that information relating to discussions of CNS performance at the SMMs should be released because a former NRC omcial, who participated in the June 1993, January 1994 and June 1994 SMM processes, has made public statements regarding the discussions of CNS at these meetings, in a report dated Febmary 28,1997, which has been submitted in litigation pending before the United States District Court for the Southem District ofIowa, Richard 11. Vollmer, former NRC Director of the Omce of Policy Planning, states as follows:
Cooper was discussed at the January Il-13,1994 Senior Management Meeting in which I participated, it was clear from that meeting that Cooper's
. performance had not declined to an extent that its placement on the watch list was warranted....My sense of the meeting was to wait and see if there were major perfonnance problems at Cooper.
Vollmer Report, page 34. (A copy of this report is enclosed for your reference.) Regarding the June 7 8,1994 SMM, Mr. Vollmer states that "[i]t was clear to me at that meeting that the
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.5 ckius m U.S. Nuclear llegulatory Commir.sion April 21,1997 Page 3 NRC saw that Cooper had taken hold of and was in the process of resolving the NRC's issues."
Vollmer Report, page 38. GiWn the public nature of Mr. Vollmer's statements regarding the discussions of CNS in the SMM process, it is only fair that the NRC release the rnecting minutes, notes, and briefing papers regarding the discussions of CNS in the SMM process.
I would appreciate that any readily available materials, such as the redacted portions relating to CNS from the documents listed above, be provided as soon as possible. Please let me know, and I will arrange for these documents to be picked up at your convenience, either at Two White Flint or the NRC's PDR here in Washington.
In addition, I would appreciate your making a good faith search for any other materials relating to discussions of CNS during the five SMMs conducted from June 1993 to June 1995, such as the briefing book summaries provided to NRC managers attending the SMMs and any documents similar to the documents specifically identified above. A jury trial in the litigation in which Mr. Vollmer submitted his report is set to commence on June 16,1997. Therefore, your prompt attention to this FOlA request will be greatly appreciated.
I agree in advance to pay any reasonable fees associated with this request liowever, I request that you notify me if you anticipate that the cost will exceed $500,00. If you have any questions, or ifI can narrow this request in any helpful way that will facilitate your response, please do not hesitate to call me at (202) 467-7524.
Sincerely, f
m
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[ John E. Matthews Enclosure l
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