ML20235J277

Final Response to FOIA Request for Documents Evaluating or Discussing Risks to Beach Population within 10 Miles of Plant Due to Radiological Accident.App E Documents Withheld (Ref FOIA Exemption 5)

ML20235J277
Person / Time
Site:	Seabrook
Issue date:	09/30/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Curran D HARMON & WEISS
References
FOIA-87-327 NUDOCS 8710010381
Download: ML20235J277 (3)

Text

. _

U.S. NUCLEAR REGULATORY COMMISSION NRc soi REoutst NuusERis

/*"'% , '

bbmos .1m E e so RESPONSE TO FREEDOM OF 4 ! N '"^' I I "

, INFORMATION ACT (FOIA) REQUEST i F'" SEP 3 0 wp (e ee.e r p DOCKET NuuaERisi ut espaceami i

i REQUE Arran E

E~

PART 4.-RECORDS RELEASED OR NOT LOCATED ISee checked boxes)

No agency records subeset to the rouvost have been located.

J No additonal agency records subpect to the request have been located.

Agency records sJbpect to the request that are identified in Appendix are already available for public inspecten and copying in the NRC Public Documam Room.

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

Agency records sub#ect to the request that are identifed in Apperwhm are bemg rrede availabie for pubhc inspection and copying in the NRC Pub 6c Document Room,1717 H Street, N.W., Washmgton, DC, in a fok$er under the FOIA number and requester name.

The nonpropnetary verseon of the proposaHsi that you agreed to accept in a telephone converseton with a member of my staff is now being made avalable for pubhc repection and coying at the NRC Pubhc Document Room,1717 H Street, N W., Washington, DC, s a feeder under this FOIA number and requester name.

Enclosed is informaton on how you may obtain access to and the charges for copy.ng records p6 aced in the NRC Pubhc Document Room,1717 H Street, N.W., Washrgeon, DC.

Agency records sabpect to the request are enclosed. Any applicable charge for copes of the recxrtts provided and payment procedures are noted in the comments escion.

Records subract to the request have been referred to another Federal agencytest for review and Sect response to you.

In vow of NRC's response to the request, no further acten is bemg taken on appeal letter dated PART li.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE oCertain informaton in the requested records is being withheld from pubhc declosure pursuant to the FOIA enemptiuns described in and for the reasons stated in Part 1. sec-tons 8. C and D. Any released portsons of the documents for which only part of tre record a beeng withheid are being anade available for public inspection and copeng m the NRC Public Document Room,1717 H Street, N W , Washington, DC, m a folder under the FOlA number and requester name.

Comments

?

i -)

8710010381 870930 -(f PDR FOIA CURRANB7-327 PDR idt r$. tj St^ .T E. DIRECTOR. DrVi$ OF RU S RECORDS

/rl . fA a w

fdRC f ORM e64 iPs t it is abt

FREEDOM OF INFORMATION ACT EESPJNSE FOlA NUMBEntS): DATE8D Q n m s PA%T ll 8- APPLICABLE Fila EXEMPTIONS '

"" W Records subject to the req'u'est that ar6 described in the snclosed Appendices are being withheid 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 Regulat ons.

1. The withheid information is property classifed pursuant to Emecutive Order 12356 (EXEMPTION 1)

2. The withheld iriformation relates solely to the otemel personnel rules and procedures of NRC. (EXEMPTION 2)

3. The withheld information a specifically exempted from public deciosure by statute indicated: (EXEMPTION 3)

Secton 141145 of the Atomic Energy Act which seohibns the disclosure of Restricted Data'or Formetty Reetncted Dets 442 U.S.C. 2161-2165).

/

s Section 147 of the Atomic Energy Act which prohbrts the disclosure of Unclassified Safeguards information (42 U.S C. 2167).

4. The withhey information is a trade secret or commeraal or financial informatiori that is being withheld for the reasontsi odicesed: (EXEMPTION 4)

The information is considered to be confsdental tammena (proprietary) information.

The informaton is considered to be propnetary eWormation pursuant to 10 CFR 2.790id)(1).

The information was submitted and recewed in confidence from a foregn source pursuant to 10 CFR 2.790(d)(2).

5. The withheld information consets of interagency or estraagency records that are not available through discovery dunng imgatim Osclosure of predecisional informaton would tend to mhibit the open and frank exchange est ideas essential to the deliberative process, Where records are withPued e* their entirety, the facts are inextncably intertwined with the predecisenal informaton. There also are no reasonably segregable factual portions because the release of me facts would permit an indirect inquiry into the predocmonal process of the egency (EXEMPTION 5) e

6. The withheid information is exempted from puhhc deciosure because its disclosure would result in a clearly unwarranted evamon of personal privacy. (EXEMPTION 6)

7. The withheid information consists of investigatory records compied for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7)

Disclosure would interfere with an enforcement proceedmg because it could reveal the scope, directon. and focus of ordorcement efforts, and thus could possibly allow them to taka action to shield poterstaal wrongdomg or a violation of NRC requirements from investigators (ER.EMPTION 7(A))

Disclosure would constitute an unwarranted invason of personal privacy (EXEMPTION 7(Cl)

The information consists of names of individuals and other information the disclosure of which would reveal identraes of corVidential sources. (EXEMPTION 7(Dil PART la C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and/or 9.16 of the U.S. Nucieer Ragdetory Commason regulatons. It has been determined that the information weiheld is exempt from production or disclosure, and that its production os disclosure is contrary to the pubec mterest. The persons responsible for the denial are those officiais ider1rfed below as denying officials and the Director, Division of Rules and Records, Office of Adminstration, for any denials that may be appealed to the Executive Director for Operators itool.

OENYING OFFICIAL TULE/ OFFICE RECORDS DENIED APPELLATE OFFICIAL

• I .N - . .

r ,

- ~

fun Awt i

ICWut$ k btrb 5 C ce k1 PART 11 D- APPEAL RIGHTS The denial by each denying official identrf'ed 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 of this response. Appeals most 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, and should clearty state on the enveiope and in the letter that it is an " Appeal from en Initial FOIA Deceion "

wnc comu aos (Pert a U.S. NUCLEAR REGULATORY COMMISSION

.m FOIA RESPONSE CONTINUATION

.~;

APPENDIX ~

RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION tha 17 b xpss-BtutBuw cf h k.$ b bupa#,,i%ng6wniid-y seg. (1743) ru g s A. CGC em cc p betonb of u% rags 5r&s Nhd ctbcva.of 5.'Lcc,6hid ,

I l

9 4

e- ,;

HARMON Sc WEISS 2001 $ ST REET, N.W.

SUITE 430 WAsnIwoTox, D.C. soooo-ties G AIL McGREEVY H ARMON , TELEPHONE ELLYN R. WEISS (202)328 3500 DIANE CURRAN gg DEAN R. TOUSLEY ANonEA c. rEnsTEn June 9,1987 17 pl -9 PS :07 HAND DELIVERED g /[ g Donnie H . Grimsley, Director _

TREEDOM 0F INFORMATION Division .of Rules and Records ACIREQUEST Of fice of Administration U. S . Nuclear Regulatory Commission 7735 Old Georgetown Road f024 -g 7.h,f I L33 g Be thesda, Maryland & N

• 1

Dear Mr. Grimsley:

j Pursuant to the Freedom of Information Act, 5 U.S.C. S 552(b), I request that you make available to the New England Coalition on Nuclear Pollution ("NECNP"), by placement in the NRC Public Document Room at 1717 H Street, N.W. , all documents in the NRC's : possession which evaluate or discuss the risks that' could be posed to the beach population within' ten miles of the Seabrook nuclear power plant if there were a radiological accident at.

Seabrook; protective measures for the beach population.that have

-been considered; and the NRC's position regarding the adequacy of-protective measures for the beach population around Seabrook.

(This request does not include the letter from Robert Bores,.

Technical Assistant, Division of Radiation Safety and Safeguards, NRC, to Edward A . ' ' thomas, Ch airman, Regional Assitance Committee, Federal Emergency Management Agency, dated sometime ir. May or June,1987, which has been requested in a separate FOIA letter dated today.)

NECNP is a non profit organization that is actively partici-pating in the operating license proceeding for the Seabrook nuclear power plant. The aim of the organization is to fully air before the NRC, the courts, and the general public, the serious safety issues surrounding the licensing of the Seabrook plant.

The information requested in this FOIA request will assist NECNP in that effort. Th e ref ore, we request that you waive any search-ing or copying fees that may be incurred in this search.

If, for any reason, you withhold any document or part thereof, please describe the material that is withheld and explain your reasons for believing that it is exempt from dis-closure under the Freedom of Information Act. In addition, fh

, HARM ON'&' W ISS

l l Donnie H. Grimsley L Ju ne 9,-- 19 87 l Page 2

-please explain why it should not be disclosed in the public i n te r e s t'.

I'look forward to receiving your response within ten working days, as provided by the Act.

Sincerely, l

~%

Diane Curran l

l 1

l

- - - - - - _ - -