ML20235G173

Final Response to FOIA Request for Documents Re NRC 870331 Order Suspending Plant Operations,Including Correspondence W/Util.App C Documents,From FOIA-87-185,withheld (Ref FOIA Exemption 5).Related Matl Under FOIA-87-209 in NRC PDR

ML20235G173
Person / Time
Site:	Peach Bottom
Issue date:	07/08/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Bossong K Public Citizen's Critical Mass Energy Project
References
FOIA-87-205 NUDOCS 8707140134
Download: ML20235G173 (3)

Text

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RESPONSE TO FREEDOM OF O% # *i~at i l l "i t N eeeee / INFORMATION ACT (FOIA) REQUEST JUL 8 1987 DocKel NuM8tR!ss ut oppscope R ESTER 4 M '

PART U-RECORDS RELEASED OR NOT LOCATED (See checked bonest N.

No opency records subiect to the request have been located.

No additaonal agency records subsect to the request have been located. 7 Agency records subsect to the request that are ioentifed in Appendss h are already evealable for publc enspection arid copying in tne NRC Pubhc Documor" Room,

c-1717 H Street, N.W., Washington, DC .

Agwncy records subject to the request that are identifed in Appendix are bemg made available for pubhc inspect on and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under the FOIA number and requester name.

The nonpropnetary version of the proposaHel that you agreed to accept m a telephone conversaten with a member of my staff a now being made available for pubhc Insoecten snd coying at the NRC Pubhc Document Room,1717 H Street, N W . Washington, DC, in a folder under the FOIA number and requester name.

Enclosed is information on how you may obtam access to and the charges for copying records placed in the NRC Pubhc recument Room,1717 H Street, N.W., Washington, DC,

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After.cy records ambtect to the request are enclosed. Any apphcable charge for copies of the records provided and payment procedures are noted in the comrnents sectar Records subt ect to the request have been referred to another Federal agencyhes) for review and direct response to you.

In view of NRC's response to the request, no further action a being taken on appeal letter dated . . _ _

PART ILA-INFORMATION WITHHELD FROM PUBLIC DISCLOf URE Certain information in the requested records is bemg withheld from pubhc declosure pursuant to the FOIA ergeptors described in and for the reasons stated in Part ll. sec-tions B. C, and D. Any released portions of the documents for which only part of the record a bemg withheld are tw made available for pubhc inspecten and copyFQ m the NRC Public Document Room,1717 H Street, N.W., Washington. DC, in a folder under this FOIA number and recuester name.

Comments

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8707140134 FOIA 070708

.' PDR PDR BOSSONGB7-205 NRC FORM 464 matt n t6-06i

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBER (SI[d(( w h hkO[ DATE M h g PART ll B- APPLICABLE FOla EXEMPTIONS R: cords subject to the request that are described in the enclosed Appendices b 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.Sta) of NRC Regulations.

1. The withheid information is property dassified pursuant to Executive Order 12356 (EXEMPTION 13

2. The witthold mformation relates so6ely to the intamal personnel rules and procedures of NRC. (EXEMPTION 21

3. The withheld information is s(socifically exempted from pubic disclosure by statute indicated: (EXEMPTION 3) b Secton 141145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 2161-2166L

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Secten 147 of the Atomic Energy Act which prohibits the declosure of Unclassified Safeguards informanon 142 U.S.C. 2167L l

4. The withheld information is a trade secret or commercial or financial inforn.aten that is being withheld for the reasonis) indicated. (EXEMPTION 4) )

The information is considered to be confidential business (propnetary) information.

1 The information is considered to be propnetary information pursuant to 10 CFR 2.790tdH1).

The informaton was subnwtted and received in confidence from a foreign source pursuant to 10 CFR 2.790tdH2).

6. The withheld informaten consists of interagency or intraegency records that are not available through discovery dunng litigation. Dsclosure of predecmional information would tend to mhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextncably od i

j intertwmed indirect mquiry with mtothe t geredecisonal p cmional eformaten.

procaes There (EXEMPTION of the ogsncy. also are no reasonablpregable factual portions because the release of the facts would permit an l

6. The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invason of personal pnvacy. (EXEMPTION 6)

7. The withheld mformation consats of investigatory records compiled for law enforcement purposes and is being withheld for the reason ($1 Indics%d. (EXEMPTION 7)

Disclosure would interfere with on enforcement proceedmg because it could reveal the scope, direction, and focus of enforcement efforts. and thus could a possibly allow them to take acton to shold potential wrongdomg or a violation of NRC requirements from investigators. (EXEMPTION 7tAH I

Disclosure would constitute an unwarranted invasion of personal pnvecy (EXEMPTION 7(CD The information consets of names of individuals and other informaton the disclosure of which would reveal identities of confidential sources. (EXEMPTION 7(DH PART 11 C-DENYlNG OFFICIALS i

I Pursuant to 10 CFR 9.9 and/or 9.15 of the U.S. Nuclear Regulatory Commason regulatons, it has been determined that the information withheld is exempt from produchon or declosure, and thzt its production or declosure a contrary to the public interest. The persons responsible for the denial are those officials idsntified below as denymg offcials and the Director, Divmen of Rules and Records. Office of Administrated, for any deraals that may be appealed to the Executive Director for Operations (foot

_ DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE OFFICIAL

{AMMTs b^8N OdmubekAN y M C " " " ' "

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PART 11 D- APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified' in that section. Any such appeal must be in writing and must be made within 30 days of receipt gi this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to j th:p Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearty state on the envelope and in the letter j that it is an " Appeal from an initial FOLA Decision " i mac Fonu as4 iPert a U.S. NUCLEAR REGULATORY COMMISSION tusi FOIA RESPONSE CONTINUATION {

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Re: F01A-87-205 APPENDIX C 't.

RECORDS TOTALLY WITHHELD

1. Uncated Draft letter from R.C. Haynes to Philadelphia Electric Company, subject: Notice of Violation and Proposed Imposition of Civil Penalty. EA-83-07 (10 pages) Ex. 5 <

2. 3/3/83 Draft letter from R.C. Haynes to Philadelphia Electric Co., subject: Notice of Violation and Proposed Imposition of Civil Penalty, EA-83-07. (15 pages) Ex. 5

3. Undated Draf t letter from James M. Allan to Philadelphia Electric Co., subject: Notice of Violation and Proposed Imposition m of Civil Penalty. (EA-83-46). (10 pages) Ex. 5

4. 5/24/83 Memo to Jane Axeirsd, from Daniel J. Holody, subject:

Philadelphia Electric Co., Peach Bottom, Proposeo Civil Penalty. (13 pages) Ex. 5

5. 4/23/84 Memo from Thomas E. Murley to Richard C. DeYoung, e subject: Proposed Order anc Civil Penalty for Philadelphia Electric Co. (Peach Bottom) w/ enclosed draft enforcement package. (15 pages) Ex. 5 ,,

6. Undated Draf t memo from Thomas E. Murley to James M. Taylor, ,

subject: Proposed Civil Penalty, Peach Bottom. Unit 3 EA-86-59. (11 pages) Ex. 5

7. 8/29/86 Memo from Thomas E. Murley to Jdmes M. Taylor, subject:

proposed Order Imposing Civil Monetary Penalties", Peach .

Bottom, Unit 3. (12 pages) Ex. 5

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65 8 PUBLIC CITiZlW Buyers Up Congress Watch Cntical Mass o Hmith Research Gmup : Litigation Gmup C Tax Gmup i'

April 4, 1987 Don Grimsley, Director Division of Rules and Records Nuclear Regulatory Commission FREEDOM OF INFORMATION MNBB 4210 ACT REQUEST Washington, D.C. 20555 S D -P b &OS Attn: Freedom of Infctmation Act Request 244 d h-f-n

Dear Sir:

Pursuant to the federal Freedom of Information Act, as amended, 5 U.S.C. g 552, Public Citizen's Critical Mass Energy Project hereby requests copies of any and all records that provide:

(1) Information underlying the March 31, 1987 decision to order the suspension of operations at the Peach Bottom nuclear plant in Peach Bottom, Pennys1vania. This includes but is not limited to any studies, reports, memoranda or other records or documents analyzing safety problems with the facility itself, problems with plant or personnel management, or any other shortcomings in plant operations.

(2) Any correspondence between the NRC and the Philadelphia Electric Company or other officials involved in the operation of the Peach Bottom plants preceding and relating to the decision to order the suspension of operation.

This request pertains to all records in the possession of the U.S. Nuclear Regulatory Commission, its contractors or licensees. In this request, " record" includes, but is not limited to, databases which contain the requested information or any other memoranda, reports, studies, reviews, letters, computer memories and printouts, audio and video tapes, movies and other forms of communication, in the possession of any individual or office in the U.S. Nuclear Regulatory Commission, whether generated by the U.S. Nuclear Regulatory Commission, its contractors, or any other source.

Public Citizen's Critical Mass Energy Project is a nationally known non-profit public interect organization founded in 1974. We will use these documents in a tudy we are presently researching and i plan to issue on the adequacy of training programs presently in place for nuclear power plant workers. We plan to broadly disseminate the

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information contained therein to the press and the general public.

Our past publications have attracted attention in the local, national and trade media. Thousands of copies of the reports have been sold or distributed to members of the public, industry, and citizen groups. Since furnishing these documents "can be considered 215 Pennsylvania Ave. SE D Washington, DC 20003 0 (202) 546 4996 6,,

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as primarily benefiting the general public," we request a complete b

waiver of any processing or duplicating costs you might incur in i providing these records to us. If you rule otherwise, please notify '

us before filling the requert.  !

!!othing in this request should be considered a request for the private records of any specific individual. Hence, no provisions of the Privacy Act should be' deemed applicable.

If all.or any parts of this request are denied, please cite the specific exemptions on which you rely in refusing to release the documents.

Further, since the Freedom of Information Act provides that the.

remainder of a file must be released if only portions are exempt'from disclosure, we request that we be provided with all non-exempt portions which are reasonably segregable. Of course, we reserve our '

right to appeal the withholding ' or deletion of any information.

As provided in the Freedom of Information Act, we will expect to receive the requested records or a final determination within ten working days. If your office is unable to fully respond to this request in that time, please send us a written estimate of when the request will be completed.

If you have any questions about this request, please telephone me at 202-546-4996.

Thank you for your attention to this request.

Sincerely, i

dbA $)c ,

en Bossong, Di ector Critical M nergy Project of Public -it zen 2 ,

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