ML20235K766

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Responds to Appeal Re Denial of FOIA Request for Documents on Nuclear Employee Data Sys.Info Continues to Be Withheld (Ref FOIA Exemption 4)
ML20235K766
Person / Time
Issue date: 10/01/1987
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Bauman L
GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-87-294, FOIA-87-A-65 NUDOCS 8710050222
Download: ML20235K766 (2)


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j WASHINGTON, D. C. 20555 OCT 1 1987 Ms. Linda Bauman Government Accountability Project Midwest Office IN RESPONSE REFER 104 E. Wisconsin Avenue TO F0!A-87-A-65

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Appleton, WI 54911 (F01A-87-294)

Dear Ms. Bauman:

This is in response to your letter dated August 31, 1987, in which you appealed Mr. Donnie H. Grimsley's response dated August 27, 1987.

Mr. Griesley's response denied une document in its entirety which was subject to your Freedom of Information Act (FOIA) request for documents on the Nuclear Employee Data System mentioned in an issue of Inside NRC.

Acting on your appeal, I have carefully reviewed the record in this case and have determined that the previously withheld information will continue to be withheld from public disclosure pursuant to Exemption (4) of the F0IA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Comission's regulations. Your appeal is, therefore, denied.

The ERCI Utility Data Services Corporation document listed on the enclosed appendix fonns, in part, the basis of the Nuclear Employee Data System being marketed by that company. This infonnation was submitted to the NRC in confidence, and its release could reduce ERCI Utility Data Services Corporation's competitive advantage.

This is a final agency action. As set forth in the FOIA (5 U.S.C.

55E(a)(4)(B)), judicial review of this decision is available in a district court of the United States in the district in which you reside or have your principal place of business or in the District of Columbia.

Sincerely, 0

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e or Stello,'Jr.

Executive Director for Operations

Enclosure:

As stated 8710050222 871001 PDR FOIA BAUMAN87-A-65 PDR

l F01A-87-A-65 APPENDIX 1.

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Undated Nuclear Employee Data System (NEDS), Section 5.0 NEOS Security Information Standards (12 pages)

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Agency meerde subsect to the rooumet thet are alnmed in Apperun _b n already evenetdo for putde esemenon and copying in the NRC Pider Documerg Room.

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k Agesney moosde subsect to the rosest that are stenmRed in Amendts N ere bemg mods evetetdo for asset nopecton md copymg in the NRC Pnd4c Documet l

Roern,1717 H Street. N W., Washepton, DC, e a foeder onder the FOtA numiner and requester nome.

The notyprepnetry normon of the proposeNel thet you agreed to accepi m a telephone conversoun meth a mervenor of vie surff is now being made sweestes ses put$c hupacten and com et the NRC Putdc Document Fcern.1717 H Street, N W, Washegton, DC, e a fonder under the FOIA vereur and requester name.

Enciaeed a mformation on how tw may obtem access to and the charges for copyng records placed in the NRC Putec 3scwment Room,1717 H Strast, N.W Washmgem. DC.

Agency records e@ to the reeest are eN Any appicable charge for copes of the records provided and pay wr procedures se noted m the N asemen.

Recorde outpoct to the request have been referred to another Federal agency (mol for mview and direct response to yes, in vanar af feRC"o response to thes #Muset, no furdier acton is My teken on appeef letter dated PART li.A-INFORMATION WfTHHELD FROM PUSUC DISCloslaw Certain salermsson in the requesad records a berg wr theid from pubic doctosure pursuant to tFe FotA enemonors an c turd b ed for the reemons seated h Part t. ese.

a tiene S. C. and D. Any rw pornons of Ihe documents for wheh on8y port of tPus record a ta=ng vnthheld are bass % eseeable for putsc ir=rar=an and copyeg a the NRC Pittle Document Room.1717 H Street. N W., Washegton, DC, e a fonder utvter the FotA number and reamsmay name.

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?e< ort,ts s Acct to the feQuest that are described m the enclosed Append ces are beef, mathhe4d en thed entsrety or e De'1 unsee FoiA Esornoteras and foi the restons let forth below pursuant to 5 U.S C E2tbl and to CFR 9 Stal of NRC Regatons.

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[h secten 141146 of the Aeonec Erury, Act which prohdnts the declosure of Reemeted Data or Former9y Ressced Data 642 U $ C 21612151

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+N. 8 gae;esssi 147 of the Atome Energy Act whch prohitarts the dectosure of UnciassWm1 $sfeguards informeaan eG U $.C. 216M.

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& The assemeld informenon le a Rede escret or commercsel or financel mformatson tiet a besng wethhe6d for sie sensorusi edicated: (EXEMPTION 41

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Pu The odormation wee outsversed and received in confidence feorn a fotogn source pursuant to 10 CFR 2.7Mhe@.

5. The esseessed mformation cormee of a meregency or intreegency records that are not ave 4ab6e through he m Istigetsort Oncbours of prprw infm j

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7. The wespeeld inforrretion corosses of euvustigstory records compeed for inn enforcernant pu poses and a besag souhbeid for the reason (s) moicated iCXEMPflON 71 r

h=e would interhve wth an sydorcement proceedmg bocease a cow reveel the empe, direction, and tocas of enforcement eMorts. and 1Pn.s could s

poseeney snow them to nadie scion to sheeld potental wrongdoeng or a.eladon of NRC roquarements from re (EXEMPTION ?{All Nh Declosure would constnuns an unwarranted invemon of personal pnvecy (EXEMPTION 7tCl) 19

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The Wormetson conosts of names of Mvuluais and other Wormation the decloeso of wNch wousd revuei asunutes of corrfidental sources. (EXUstP' TION 710H PART If C-DENYt8e4 OFFactALS w to to CRt 3.9 and/or 9.15 of to U.S. IAs:Imar RepJiotory Covmesson repAetore, ll has been deternuned tot ihe assemusun asshheld is emervet stora artesction or re-ina,s.

yie epiot to or disclosure h careery to lhe rutilic interest The persore 'esponetuis for the cenei are those eftcuts asentified below as denying omemos srid the Descior.

Desteen of and Records, Oftse of Aesensstremon. for any dennis that may be opposted to sie Eancueve Desets tier Operations teooi.

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PART 88 O-APPEAL RfG>ft1 ne derwei by occh denying askief identered in Part it.C may be appeped to the Appcelate Official ionrweed ' that sectiors. Any such anr=mi must be in m

ournsng and swst be fr.ede vedesim 30 days of receipt of this remones. Appeals must be addressed es appropreta to the ExecutM Director for Operatiore or to the W of the Cs..

~. U.S. Nucteer Regulatory Commes&scai, W.pahingtca, DC 20565, and thcnAf cleerfy state on the envelope med in the ietter that it is an " Appeal from en balhet FOEA Decam,on '

some Mmes one spese a U.S. NUCLEAR REGULATORY COMMISSION FOlA RESPONSE CONTINUATION L __ - _-_ _ _ _ _

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Re:.F0!A-87-294 APPENDIX G-RECORDS MAINTAINED AMONG POR F:LES-4 1.

2/13/86 1.etter from Thomas T. Martin to Public Service Electric and Gas Cc. (3 pages). _ Accession Mo: 8603030405 i

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i Re: F0!A-87-294 APPENDIX H l

RECORDS IN ThE PDR UNDER THE AB0VE REQUEST NUMBER l-1.

12/17/85 Scheduling Notes Briefing on NEDS (19 pages) 2.

2/13/86 Memo. from W.L. Kushner' to R.R. Keimig concerning Safeguard Review Report.

(4 pages) LPORTIONS ARE PROVIDED.

THE REMAINING PORTIONS ARE OUTSIDE THE SCOPE OF YOURREQUEST.)

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F01 A-87-294 APPENDIX I RECORDS TOTALLY W:THFELD 1.

Undated Infor1 nation on Nuclear Employee Data System (NEDS) (12 pages)..

Exemption 4.

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L GOVEDIMENT ACCOUNTABluTY PROJECT

' ' 55 Connecticut Avenue, NW.. Suite 202 (202)232 8550 A abgron. D.C. 20036 MIDWEST OPPICE 104 E. WISCONSIN AVENUE j

APPLETON, WISCONSIN 54911-4897 May 18, 1987 EREEDOM 0F INFORMATION ACT REQUEST 9P7"Mh FREEDOM OF INFORMATION ACT REQUEST Qv* 'dC-M -O Director

~ Office of Administration U.S. Nuclear Regulatory Commission Wnshington, D.C.

20210 TO WHOM IT MAY CONCERN Pursuant to the Freedom of Information Act (FOIA, 5 U.S.C. 552,) the Government Accountability Project (GAP) requests copies of any and all cgency records and information, including but not limited to notes, l

lotters, memoranda, draf ts, minutes, diaries, logs, calenders, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, cgreessents, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer runof fs, and cny other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with:

any and all information the Nuclear Regulatory Commission (NRC) i knows and/or has on The Nuclear Employee Data System (NEDS) which became fully operational on April 20th, refer to page 11 of Inside NRC, April 27, 1987, (attached).

This request includes all agency records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, Appendix 0211, Parts 1. A.2 and A.3 (approved October 8,

1980) whether they currently exist in the NRC offical, " working" l

investigative or other files, or at any other location, including private residences.

If any records as defined in 10 C.F.R. 9.3a(b)'and the NRC Manual, supra, l

cnd covered by this request have been dastroyed and/or removed after

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this request, please provide all surrounding r= cords, including but not j

limited to a list of all records which have been or are destroyed and/or I

removed, a description of the action (s) taken relevant to, generated rt c -

cction with and/or issued in order to implement the action (s).

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L GA P requests ' that f ees be waived, because " finding the information can be.censidered as primarily' benefitting the general public, "5 U.S.C.

552 ta) (4) (a).

GAP is a non profit, non-partl san public ' interest organization concerned with honest and open government.

Through public outreach, the Project promotes whistleblowers as agents of government accountability.

Through it Environmental Whistleblower Clinic, GAP offers oasistance to local public interest and citizens groups and interveners,;

intheconcernfor.safetyatnucler.rpower.planps.

g Wa are requesting this information as part of an ongoing monitoring project oftheNRC'seffortstoprotect.publichealthah6'safetyatandnep'r. ' fh nuclearprocessingplantsandrad.ioactivepa,stejfacilities.

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3 For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemining and describing the documents or portions of documents withheld.

The.index should provide.a detailed justification of your grounds for claiming lsach. exemption, explaining why each exemption is relevant to the document'bf.pbrtion of the document withheld.

This index is required'under vaughn V. Rosen (I), 484 F.2d 820.

(D.C.:Cir. 1973), cert. denied, 415.U;S: 977.?(1974).

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Wa look forward to your response to this request within ten (10) working days.

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  • y Linda Bauman FOIA Coordinator
Midwes%2 0ffi.ce

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i Response to this request should be.' mailed.lo.the' Midwest Office

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~ i'l help keep control room staff informed of what other employees are doing and obere they are, he w

said.

In the chain of egents that followed, the reduced r: actor coolant level caused the residual heat removal pumps to take in air (cavitate) and that prompted operators to shut don the pumps. During the estimated 80 minutes it took to correct the situation, the reactor cooling system's temperature eventually hit 220 degrees-far above its usual 90 to 100-degree reading. Five rninutes after the pump restart the temperature dropped to less than 200 degrees, according to the NRC event desenpuce The PG&E spokesman said that operators didn't immediately refill the cooling system because the dams were not in place and they wanted to avoid a spill of refueling water into one of the generator manways. 'that, according to the NRC staffer, could have put contaminated water under the floor of the containment building.

According to the NRC staffer, NRC has two levels of concerns about what transpired at Diablo Canyon-2. The first surrounds the event itself and the issue of operator performance, and communication between the engineer doing the test and the contml room staff, he said. The second is a broader concern that involves the general question of whether it is appropnate to reduce the volume of the reactor cool-ing system and risk losing decay heat removal. Ahhough that is now permitted seder technical specifi-cations, the staffer said, additional data will be gathered on the issue.

The PG&E spokesman said that the incident isn't likely to have 2 substantial impact on plans to have the unit back on line by mid-June,-Elaine Hiruo, WasMagron TWENTY ONE WORKERS AT TROJAN RECEIVED FIADIATION EXPOSURES from a crushed, de-graded fuel pellet that had been lodged between the reactor vessel and head flany inside the contain-ment building. Acconhng to a Portland General Electric Co. spokesman, pellets were released into Trojan's reactor cooling system in 1982 when the plant experienced significant fael pin failures. He said that the plant had tried to retrieve as many pellets as it could following the pin failures and that this was the first contamination incident.

The workers expenenced contamination April 9 while installi"g reactor head stud plugs during a refueling outage. Seven of them had contaminatico levels of up to I rad / hour on the outer layer of their protective clothing, an NRC staffer said. There was no evidence of uptake among the workers because they were wearing respirators. in a related incident, another worker was exposed to radiation April 17 w

while working in the refueling cavity.

According to an NRC notification, all work in the reactor containment building has been halted and the utility is " initiating an investigation and radiological review to establish the actual exposure and measures necessary to permit resumption of work." An NRC update added that abere is no indication that off. site releases occurred.Thei utility spokesman said that by the latest estimte the incident might

,k alan to-nnmthms in early June by three or four days.

E NUCLEAR EMPLOYEE DATA SYSTEld (NEDS) BECAME FULLY OPERATIONAL April 20, according to Peter MoeDer, site protection manager for Public Service Electric & Gas Co. (PSEAG) and chairman of the NEDS project. NEDS, a centralized, on-line information management system that enables utility partoper as e quickly exchange transient worker in-processing data, is owned 1 y PSE&G, Ba5timore Gas & Electric Co., GPlJ Nuclear Corp., Philadelphia Electric Co., and Virginia Power. Those utilities have been testing the system by passing " dummy"information through it to make sure they tinderstood wh1 procedures clearly (INRC 16 March 4). "We're now actively process-ing real data for 15 operating nuclear units located on eight sites," Moeller said.

I ERC International manages and operates NEDS ander the direction of the NEDS Owners Commit-tee, which developed the system at a cost of $2.5-million. Through the system, participating utilitics can exchange transient worker data such as identification, security, health physics. inedical training,

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respiratory protectma, sod work history records. "Our objective now," Moeller said. "is to immediately start expanding NEDS to a asuonal system."

a U.S., J APANESE RESEARCHERS PLAN COOPERATIVE SEISMIC TESTS Scientists at Brookhaves Nabonal Laboratory (BNL) and Japan's Nuclear Power Engineering Test Center plan early next year to test the ability of a PWR recirculation loop to withstand larger than design. basis sessaue vibrations and pressures. "Ibe pact, the first cooperative seismic agreement between NRC and Japan's Miamary for International Trade & Industry, is expected to provide a mechanism for w

sharing information sad data associated with stnctural and mechanical engineering issues. NRC and the Electric Power Resewchlasutute (EPRI) jointly contributed $700,000 to the Ja;nnese, and NRC sup-plied them with nine congster codes to be used in other research & development, according to Dr. Wal-18 INSIDE N.R C.- ArraTI,lM