ML20234C988

Partial Response to FOIA Request for post-Sept 1985 cost-benefit or value-impact Analyses of Generic or site-specific Backfits.Documents Listed in App C Withheld (Ref FOIA Exemption 5)

ML20234C988
Person / Time
Issue date:	12/31/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Weiss E HARMON & WEISS
References
FOIA-87-714 NUDOCS 8801060404
Download: ML20234C988 (3)

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RESPONSE TO FREEDOM OF I"a*'

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INFORMATION ACT (FOIA) REQUEST

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6toutSite Ellyn R. Weiss, Esquire PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked boness No 49ency recorde subpoet to the request have been located No edc9 tonal egency recorde subiect to be iggveet have been located j

Agency recorde subsect M the roovest that era identfred si Appendia are alroody evadetne for putdec racection and copwg m the NRC P@isc Document Room.

1717 H Street. N W., Washmgton, DC Agency recorde subsect to the roguest that are adentr6ed in Appendes are bemg enede eve 4etde for pm cepecton and ccpybg c the NRC Pubec Document f.com,1717 H Street. N W., Washengton, DC, e e folder und'w the FOiA number and requester name The nonproonstary veroson of the prtipoesHs) that you agreed to eccept m o toneohcne convemercn wrth a member of my staff a now being rnede evelatdo for p @ec repecton er11 coym0 et the NRC PutWic Document Room.1717 H $treet. N W. Washry; ton. DC, e a folder under the FoiA numter and requester name EW e eformeton on how you may otrtam access to and the charges for copyng recorde pieced m the NRC Putdec Document Room.1717 N Street. N.W., Weehegen. DC.

l Agency recorde sabgect to the re@eet are enctooed Any.ipplicatne charge for copies of the recorde provided and payment procedures are noted a the comments section Recorde subsect to me request have been rederred w enother Federal agmasel for revow and direct response to you.

In view of NRC's response to es roovest no further acDon to bemg tokan on appeal W dated PART 84 A-INFORMATION WTTHHELD FROM PUBLIC OtSCLOSURE Carteh informodon b the roovested recorde ne berg wfthheld from putnac ca:losure pursuant to the FotA oneewtsone described in and for the ressorm stated e Part it, sec-teore 3. C end D. Any ro6eeeed portkins of the documents for which onh wt of *e record a being wnhw are teng mede evetab6e for putdle irupectio4 and copyme e' y

the NRC Pubic Document Room.1717 H Street. N W., Westiington, DC. m a foeder under the rolA number and roouester name-C....;,

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8801060404 871231 PDR FOIA WEISSB7-714 PDR SaQhArVat. D*tCT DrvisioN or nutts ano nacenos

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i FZEEDOM OF l'NFORMATION ACT RESPONSE FOIA NUMBER (Sh 87 714 OATE:

PART 18 B-APPLICABLE FOIA EXEMPTIONS j

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R cords s t to the reauest that are described in the enclosed Appendices C

are being withheld in their entirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C,552(b) and 10 CFR 9.5(a) of NRC Regulations.

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1. The witnheld information is property classified pursuant to Executive Order 12356 (EXEMPTION 1)

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2. The withheld information relates so6ely to the intomal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The withhe6d mformation is specifically exempted from pubhc disclosure by statute indicated; (EXEMPTION 3)

Section 141 145 of the Atomic Energy Act which prohibits the disclosu e of Rest 9cted Data 'or Former*v Restncted Data (42 U.S C. 2161216SL r

1 Section 147 of the Atomic Energy Act which prohibats the disclosure of Unclassified Safeguards Informattori t 82 U $ C. 2167L i

4. The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated. (EXEMPTION di The information is considered to be confidentC Lusiness tpropnetaryl information.

The information is considered to be proprietary information pursuant to 10 CFR 2 7904dHtL The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2 790(dH2L

5. The withheld information consists of inten s incy or intraagency records that are not available through discovery dunng litigation Declosure of predecisional saformation evould tend to inhibit the open and frank en hange of ideas essential to the dehbe'ative process. Where recoros are withheld m theit entirety, the facts are inextricably intertwined wrth the redecisional information. There also are no reasonably segregable factual portions because the iease of the facts would permat an

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6. The withheld information is exempted from pubhc dtsClosure because its disclosure would result in a Clearly unwarranted invasion of personal pnvacy. (EXEMPTION 61

7. The withheld information consists of investigatory records compiled for law enforcement purposes and is being wohheld for the reasontal indicated. (EXEMPTION 71 Disclosure would enterfere with &n enforcement proceeding because it Could reveal the scope, direction, and focus of enforcement efforts and thus Could possibiy allow them to take action to sheend potential wrongdoing or a violation of NRC requirements from investigators (EXEMPTION 7( A0

_m Disclosure would Constitute an unwarranted invasion of personal pnocy IEXEMPTION 7[Cil The information consists of names of individuals and other information the disclosure of which would reveal identrties of confidential sources. tEXEMPTION PART ll C-DENYlNG OFFICIALS Pursuant to 10 CFR 9 'd and or 9.15 of he U S Nuclear Regulatory Con missen regulatons. it has been determined that t"e information withheld is exempt from production or disclosu e.

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and that its producte or disclosure a contrary to the pubhc interest. The persons responsible for the denial are those ofhcials identified below as denymg ONcials and the Oirector.

Div$ ion of Rules and Records, Office of Admmistration, for any denials that may be appealed to the Executive Director for Operations Toni DENylNG OFFICIAL i

TITLE OFFICE i

RECORDS DENIED i

ADPELLATE OFFICIAL

' Director, Offire of j

sic-too Eric Si Beckjord Nuclear Regulatory Research App. C, Nos.

X i-b U1 rector ultice of Hu lear s

Thomas E. Murley Reactor Regulation App. C - Nos.

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PART 11 D-APDEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that sectitsn. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, ano should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

oc FoM es4 (Part 21 U S. NUCLEAR REGULATORY COMMISSION is asi FOlA RESPONSE CONTINUATION

Re:. F0I A.87-714

y, APPENDIX C

RECORDS TOTALLY WITHHELD NUMBER' DATE DESCRIPTION & EXEMPTION 1.

Undated Draft Regulatory Analysis of GI-124. " Auxiliary Feedwater System Reliability" (38 pages) - Ex_emption 5 l

2.

10/8/87 Draft Regulatory Analysis for USI A-45, " Shutdown j

DHR Requirements,"

(287 pages) - Exemption 5 1

3.

10/87 Draft Backfit Analysis for USI A-44, " Station Blackout, i

Final Rule,"

(67.pages) - Exemption 5 4.

Undated Draft Regulatory Analysis for GI-105, " Interfacing 3

System LOCA at FWR's,"-

(22 pages)f-Exemption 5 j

5.

Undated Draft Regulatory Analysis for GI-105, " Interfacing System LOCA at BWR's,"

(28' pages)- Exemption 5-j 6.

2/13/86 Memorandum for -James H. ' Sniezek from Harold R. Denton, subject:

" Staff Long Range' Approach for Dealing with Stress Corrosion Cracking in BWR Piping," with enclosures:

Draft NUREG-0313 and Draft Generic Letter (71 -pages)-

Exemption 5 7.

4/9/86 Memorandum for. James H. Sniezek from Harold Denton, subject:

" Staff.Long-Range Plan for Dealing with Stress Corrosion Cracking in BWRLPiping.. Draft NUREG-0313, with enclosures: Regulatory Analysis and Draft Generic Letter (15 pages) - Exemption 5

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HARMON 8e WEISS 2001 5 star.ET N.W.

SUITC 430 WASHINGTON. D.C. eOOO9-He5 Gall McG REEVY H ARMON TELEPHONE ELLYn R. wCiss inomi see ssoo OtANE CURRAN OCAN R. TOUSLEY ANDREA C. YERSTER October 20, 1987 FEcItOM OF IN.(GRMATm Director ACI REQUEST Division of Rules and Records gg 77,7g Of fice of Administration

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U. S. Nuclear Regulatory Commission Washington, D. C. 20555 RE:

Freedom of Information Act Request

Dear Sir / Madam,

Pursuant to the federal Freedom of Information Act, I hereby request the following on behalf of the Union of Concerned Scientists:

1.

All cost-benefit or value-impact analyses done since September, 1985 in connection with the consideration by NRC staff of generic or site-specific backfits.

2.

Any and all lists, compilations or other identifications of potential generic or site-specific backfits under consid-eration by the NRC staff at any time since September 1985.

3.

Any and all memoranda or other documents since September 1985, from the Committee to Review Generic Requirements l

( "C RGR" ) containing requests or direction to the NRC staff to perform, modify or reconsider value-impact or cost-benefit analyses regarding any potential generic' or site-l specific backfit.

4.

Any and all documents containing guidance, criteria or examples used by the NRC in deciding which generic or site-specific backfits are appropriate for cost-benefit analyses under the backfit rule and which are not so appropriate.

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'rlARMON & WEISS r

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request.

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Very truly yours,

Ahl w Ellyn d. Weiss l

BARMON in WEISS 2001 S Street, N.W.

Suite 430.

Washington, D.C.

20009 General Counsel Union of Concerned Scientists 1

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