ML20235T497

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FOIA Request for Documents Re NRC Review & Safety Evaluations of Plant.Requests Written Confirmation of 870521 Telcon Re NRC Search for More Complete Documentation
ML20235T497
Person / Time
Site: Seabrook  
Issue date: 06/02/1987
From: Goren J
HARMON & WEISS
To: Toms N
NRC
References
FOIA-87-51 NUDOCS 8707220159
Download: ML20235T497 (2)


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HARMON & WEISS 2008 $ ST REET, N.W.

SUITE 430 WAs nIwo row, D.C. 20oo9-1125 G All McGREEVY H ARMON TELEPHONE ELLYN R. WEISS (202)328 3500 DIANE CURRAN DE AN R. TOUSLEY EC(W($

ANDREA C. FERSTER June 2,1987

'87 JN -5 A7 :C DRR/?'PE-Ms. Nina Toms Division of Rules and Records Of fice of Administration U.S.

Nuclear Regulatory Commission 7735 Old Georgetown Road Be thesda, MD 20814

Dear Ms. Toms:

When I spoke with you on April 20, 1987, you informed me that the NRR staff had come up with a final response to my Free-dom of Information request of January 21, 1987, FOIA # 87-51, con-cerning all documents reflecting the application for or issuing of any regulatory exemptions, waivers, or deviations with respect to the construction or operation of the Seabrook nuclear power plant (Docket Nos. 50-443,444), and all documents concerning any staf f review of Seabrook regulatory exemptions or the safety of the Seabrook plant.

According to the NRR staff, the remainder of the information requested could be found in the Seabrook Safety i

3 Evaluation Reports, the Facility Operating License, and certain g --letters sent to the Public Service Company' of New Hampshire.

As discussed in "our~~ teleconferendi cif' May 18, "19 877we 'believ'e" that the NRR staf f's response placed an overly narrow interpretation on the request and ignored the language of the petition specifi-cally requesting all documentation on exemptions and waivers granted (i.e., all correspondence and notes detailing the grounds for granting exemptions).

i During a subsequent telephone conversation on May 21, 1987, you informed me that the NRC staff will now undertake a further, more thorough search for all of the documentation reflecting the application for or issuance of any regulatory exemptions, waivers, or deviations with respect to the construction or opera-tion of the Seabrook nuclear power plant and for copies of all documents concerning any staff review of Seabrook regulatory exemptions.

In particular, you stated that.the.NRC_staf f_ will attempt to. track down the personal ' files of the 60-odd staff. '

reviewers on the Seabrook case mentioned in our conference call, l

,lMay18 Ne smuld like to have-written. confirmation of t@fs ~

\\ search.-

8707220159 870602 PDR FOIA GOREN87-51 PDR

,...O HARMON & WEISS Ms. Nina Toms June 2, 1987 Page 2 We also request that you confirm in writing your previous statement that all of the exemptions, waivers, and deviations from regulations and regulatory guidance that have been granted with respect to the construction or operation of the Seabrook nuclear power plant are identified in the SER.

l As an intervenor in the Seabrook operating license proceed-1 ings, NECNP requires the requested information for pending action in the Seabrook licensing hearings.

While the licensing proceed-ings move along, our FOIA request remains stalled.

It has been on record since the end of January, yet by the beginning of June, we still have not been issued a final response.

Furthermore, if the answer to the first part of our request is to be found in the SER, the NRC staff should have been able to inform us of that f act way back in January.

Because of the NRC's long delay in answering this request and the pendency of a licensing decision in the Seabrook case, we request a preliminary response and a schedule within the next 10 days describing when the NRC will complete its response to our FOIA request.

In addition, we request written confirmation of

, our telephone conversation of May 21 regarding the NRC staff's additional search for more complete documentation.

Thank you very much for your prompt attention to these mat-l ters.

Please inform me if your understanding of our agreement I

differs from mine in any way.

Sincerely, J

nife' Goren l

l

_._.____m______m___

HARMON & WEISS 200# 5 STREET.N.w-SUITE 430

%SHINGTON, D.C. 20009-D25 Gall MCGREEVY HARMON ELLYN R WElS$

TELEPHONE DI ANE CURRAN (2023328 3500 DCAN R ToVSLEY ANDRE A C. YERSTER I

January 21, 1987 HAND DELIVERED Donnle H. Grimsley, Director Division of Rules and Records F Rt, w c,y g p p g g ; g g g4 Of fice of Administration ACT REQUEST U.S. Nuclear Regulatory Commission

[QM -/ 7-[/

7735 Old Georgetown Road Be thesda, MD 20814 d /~22-8f

Dear Mr. Grimsley:

Pursuant to the Freedom of Information Act, 5 U.S.C. Section 552, the New England Coalition on Nuclear Pollution ("NECNP")

et seq.,

requests that you make available copies of:

1) all documents reflecting the application for or issuing of any regulatory exemptions, waivers, or deviations with respect to the construction or operation of the Seabrook nuclear power plant (Docket Nos. 50-443,444); and 2) all documents concerning any staf f review of Seabrook regulatory exemptions or the safety of the Seabrook plant as described in the enclosed article from the Boston Globe (December 23, 1986) that were referred to by Vincent Noonan of the Nuclear

)

i Regulatory Commission.

For each document identified in response to this request, please identify the title and date of the document, the author, the author's title, and the recipient of the document.

Under the statute, your response to this request is due within ten working days.

Please note that these documents are highly relevant to a pending application by Public Service Company of New Hampshire for a reduction in the size of the Seabrook emer-gency planning zone.

We have made repeated efforts to locate this information on our own; however, we have found it impossible to identify all of these documents.

We would appreciate receiv-ing a timely response so that we may review these documents in connection with our participation in the proceeding on PSNH's petition.

NECNP is an intervenor in the Seabrook operating license proceed-ing.

The organization intends to use this information in the Y_,

HARMON & WEISS Donnie H. Grimsley January 21, 1987 page2 licensing hearings to further the public's interest in the safety of operation of the Seabrook plant.

Th er e f or e, we request that you waive any copying and search fees pursuant 9.14(c).

to 10 C.F.R.

Thank you for your prompt attention to this request.

Sin,c rely,

,/=

.,i.

a -

i i

Je'nnifer Goren j9 Encl.

cc:

Vincent Noonan Robert G.

Perlis Robert A. Backus I

l 1

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_20 0mr PosTrw r.te;nr

~rm a nrenemng pur.

Seabrooi may need improvements, says '

'RC safety official

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dv Larry Tve

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'ilobe Siaff' The Seabrook nuclear power The report lists several areas "We will co back and re-!ux at clant probably would have to where Seabrook was cranted everything we cranted watsers na :e extensive imprnsements to "wan ers' from NRC require.

on.

Noonan said. "W e m:ent l

s safety s.sstems trtore it would ments that !! test key safety sys.

cnance our mind. basac on tt:e cd

se alloued to shrink its evacua-tems. It s1ys the NRd granted the way of coine business tnese issts j

tic :rne. a scruor federal safety waivers treause compliance with are not necessary but they pron-j cff a tal said yesterday.

the ruies ' would result in hard.

ably would be !! you hao a Erni:e l

Seat' rook said last week that it ship cr unusual difficulties w!!h.

emercency planninc zone

~. ga
tsv witn a smal!er evacua-out a corntensating increase in Juce!r.c trum tre NFC.5 Ja"
  • n zcne treause it is saier than the levet ci quahty and safety."

sate: report. Inose cnare-- r ;..

9:r tr reactors. so "we ne-d to ad-In one case. SAibrook w'as al.

t;" censive it saic :nat t i e ~.-

cress wnere we want this utthty to Icwed to forco testing weics cn pi-w:t: testinc reuu:-eme:.is.

, o te::er than the averace piant/

Dipes in the c' ntainrrdnt bul'cmg Y3"'"e w e,uld have to "r-ces :n -

o

+a : 'J ncent Noonan. u r.o oser-Inct surmur.cs ire p; ant l One rea.

s:cn:1:can: numter cf p. ant m-es kaaroox safety rev:cws at wr: 1;.

t r a ewmrtion :s that the t em., ot,:a:n suff:cient r p.n < -

r.e '..;rJear he:utaten Ccmmis-p::

rne are r.r.rma A em 4 m"*;t t' mocnent s ar.1 rc:#ar tv-s ;;:n.

an d ar" ra :u:rH !o lun-t.icn cnc Preservr exammur;n C these "Ne rrobably would asx Sea-m tnr unnee:v event ci a maict cornoonentr" !! ad:ed tr.a: ' even brr<m :o co thir.cs ne m :ht not ins., r. vie.u nt ac cmen t <.r a m.:n af t+r t he recesicn ettorts. c;".* e CNMt r.:ner piants lo co." he Dod-sten- ; ne ortam" inc repC"1 sa:C comt;Ganer with the pre

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ec :n an interview.

b J W re i:e'n Gerit rman. av arnmat:,n r*1utrements sim!.

  • oct:ari said Seabr!X;k alTeod) 5:st.3r W t:17. r ! energ,v so;;

Lf'u:0 !!I DC BC O cVfd i

3 cominc un::ar he:cntened scru-t rm w e.
  • uesticti wnctrytr testin;

'tansm s m esman 3rnfi 1:re at tre NRC because of its b:d reou--m a shau!d ha waiveo er said sa t ntct:t that tt? o t**

at '

.- we its evacuation zcne trom sysw-. 'n it w L;d be n'~: in t re r it;er ~;urrment w*r* ' li.. '*VU

$ m:.es arcund tr.e ;>iar:: to I c'. ~ m C mvr accioer.:

try an1 "' muate buore t t w "-*

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'-c an;ncaticn is w com:.h-W re:.r t sacrests..*abru,-

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( a ' ed. wcl taxe ur.td tr e er.C of ma. re r. if r;c corners

"" run altar instamat m

.nuarv just to assemnie a i re -

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whic n runs Seatrook, sass it was nar:: h:::. cua ht. <.t t onstru-Itrced to ask for the smal.er zone tict. " ~ ' ~

  • tate w ul inte a nuclear l

w rrn C.Jv bakakts cf Mawarhu-entm De stuov the w alvtr re-w.:ts announced Sept. ") tr.at he cue'tu...nneo in tne uiv report e,uia not participate !n an evacu-a ior". w it n ot r.e rs t ne t aa r.t ma y a:::.n p:an. DAak!s said !! would nave t,een granted. Gentleman te im;x;ssible to move peopte safe-said.

ly A l-mile zone would exclude Nocnan defended lettinc Sea-the s:x Manathusetts towns that brrok out of certain safety tests.

are part of the current lb mile sa vin t. "Over the years we just zone.

founo snu didn t have to do every-The NRC is not the only one thmc hke the regulations ralled critically evalualing Seahrook s for J. waivers usually are based bid.

on the hardship of cetting a work-The commonwealth of Mass-man in there to run the test."

achusetts. the towns of Ames-But the NRC official said that bury. Mass.. and Hampton. Nil.

reasomng mtcht chance now that ano two enytrenmental groups -

beabtr ;x is claimine, to hase the all crttles of the plant - yesterday "satest nucicar power plant to the a sned the five NRC commissioners world." Yankee officials said last to oversee directly the review of werk that their containment i. so Seabrook s application. The re-stronc and other safety systems Wes normally would be handled are so reltable t.at people outside fitFt by an agency licensing board.

a 1-mile radtus could not be hurt then by the enmmissioners.

bv radiation released af ter an ac-Tne Massachusetts linergy rident.

Pohey Office also has launched ari investtpation of the plant and as worried about a safety evaluation er-an t'reparvtl bv the NRC in