ML20235Y524

Responds to FOIA Request for Documents Re Shutdown of Plant. App E Documents Encl & Available in Pdr.App F Documents Completely Withheld (Ref FOIA Exemptions 5 & 7)

ML20235Y524
Person / Time
Site:	Peach Bottom
Issue date:	07/23/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Doris Lewis LEWIS, D.B.
Shared Package
ML20235Y529	List: IA-87-209, Package of Undated Documents Re NRC Briefing of Commission Concerning Shutdown of Plant ML20235Y524 ML20235Y538
References
FOIA-87-209 NUDOCS 8707250305
Download: ML20235Y524 (4)

Text

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foz4 -87 .209 m, om m )

[ )h, RESPONSE TO FREESOM OF ,/ N '" I l **

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"q INFORMATION ACT (FDiA) REQUES ( M23 h

• DOCKET NUMBERISI ur eme rseet a \

PART 1.-RECORDS RELEASED OR NOT LOCATED (See checAed bones)

No agency records subsect to the request have been located.

No additional agency tecords subpet to 1he request have Non located.

) Agency records subsect to the request that are ident#md in Appendis are aheady evelab6e for pubhc inspectson er copying in the NRC Public Document Room, 1717 H Street, N W , Washington, DC.

Age 7ey recr>eds subsect to the request that are identifed in Appendix E are being made availat;le for public irtspecten and copying in the NRC Public Document Coom,17?? H Streat, N W., Washsngton DC, in a folder under the FOIA number and requester name.

The nonpropnetar, version c,1 the proposal (s) that you agreed to accept in a telephone conversation wrth a member of my staff is nt w being made ave 8able for public inspect snd coying at the NRC Puble Document Room.1717 H Street, N W., Washington DC, in a fonder under the FOIA number and reWester name.

EncMed is rformation on how yos may obtain access to and the charges for copying records placed m the NRC Pubhc Document Room,1717 H Street, N.W., Washegion. DC.

Agency recorde subsect to the request are enclosed. Any apphcable charge for copes of the records provused and payment procedures are noted in the Comments sectson.

Records subsect to the request have been referred to another Federal agencybes) for review anti dsrect response to you.

in v4cm of f4RC's response to te e request, no further arton is bemg taken on appeal letter dated PART 11 A-INFORMATdWuMHELD FROM PUBLfC DISCLOSURE C$rtain informaton in the rewented records is being withheld from pubhc disclosure pursuant to the FOiA exemptons described in and for the reasons stated in Part 11. sec-t ons 8. C. and D. Any released portons of the documents for which only part of the record a being withheld are being made available for public inspection and copying in the NRC Pubhc Document Room,1717 H Street. N W., Washington, DC, in a folder urvAr the FOIA number and requester name.

Commcnts B707250305 B70723 PDH FOIA PDp LEWisa7-209 StG AT ChDR. DMS ES A o RECORDS g

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F*EEDOM OF INFORMATION ACT RESPONSE FOIA NUMBEniSI: [d1M ' -h 7- M6f DME: dh[pq m

~ 'WI FA4T Il B-APPLICABLE FOIA EXEMPTIONS i Rec 9ds hect to the request that are described in the encloaed Appendices are being withheid in their entirety or in part under FOIA Exernptions and for the reasons set forth below pursuant to $ U.S.C. 552(b) and to CFR 9.5(a) of NRC Regulations.

1, The withheld informanon is property classifed pursuant to Enocutive Order 12356 (EXEMPTION 11

2. The withhold informaten relates solely to the intemet personnel rules and procedures of fdRC (EXEMPTION 2) 3 The withi.ald bformation is specifically enempted fiorn public deciosure by statute indicated: (EXEMPTIO*J 3)

, Sr,ction 141 145of the Atomic Energy Act whch prohibits the doctonure of Restrcted Data or Formerly Restncted Data i42 U F.C. 2161-2 665).

e Section 147 of the Atome Energy Act which prohibits the declosure of Unclassified Safeguards Informaten 142 U.S C. 2167).

4. The withheld informaten is a trade secret or commercel or fmancial information that a being withheld for tbs reason (s) indicated; (EXEMPTION 4) h -

The informatoi is considered to be confidential buoness foropretaryl nformaJion.

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The infometen is considered to be propretary inforrnsten pursuant to 10 CFR 2.70tdH1).

The information was submarted and received in confidence from a foreign source pursuant to 10 CFR 2.7904dM2).

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6. The withheld informaten conasts of interagency or intraa uency records that are not available through decovery during litigation Doctosure of predecisional infarmaten would tend to inhibit the open and frank enchange of ideas essential to the deliberative process. Whart. reccrds are withheld in their entirety, the facts are inextricably intertwined with the predeci ional information. There also are no reasonsbry segregable factual portions ber ause the release of the facts would permit an bdirect mouiry into the predeemenal process of tne agency. IEXEMPTION 5)

6. The withheld informason se exempted from pubic dadoeure because ns disclosure would result in a clearfy unwarranted invasen of personal pnvecy. (EXEMPTION 61

7. The withheld information conents of investigatory records compiled fut law enforcement purpsses and is being withheld A the reason (s) indscated. (EXEMPTION 71 E Declosure would iraorfere with an enforcement proceed ng because it could revaal the scope, direction, and focus of enforcement efforts, and thus could f possit9y allow thern to take acten to sheid potential wrongdoeng or a violation of NRC requirements from investigators. (EXEMNION 7(A))

Dmclosure would constituta en unwarranted invasen of personal privacy (EXEMPTION 7tCH The informaten consists of names of individuals arsi other informaten the disclosure of which would reveal ident.nes of confidential sources (EXEMPTION 7(DH PART lt C-DEN 11NG OFFICIALS Fursu:nt u 10 CFR 9 9 and/or 9.16 r,f the U S. Nuclear Regulatory Commasion reg ita' ens, it has been determined trw the informaten withheld is enempt from producten or disclosure.

rnd thct *ts producten or declosure e contra y to the public mterest The persons responsible for the denial are those officials identified below as denying offcials and the Director.

Dween of hules and Records, Office o' Adminstraten, for any denials that may be appealed to the Enocutive Director for Operatens isooi.

, DENYING OFFIGnAL , TIT LE / OF FICE RECORDS DENIED APPELLATE OFFICIAL f Co )) Q t)

V, s = cm 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 appealinust 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 ths Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter th t it is an " Appeal from an Initel FOIA Decision."

senc tonM ese (Part a U.S. NUCLEAR REGULATORY COMMISSION casi FOlA RESPONSE CONTINUATION

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+ Re: F0!A-87-209 APPENDIX E RECORDS MAlhTAINED IN THE PDR UNDER THE AB0VE' REQUEST NUMBER L 1. - _ Unda ted Opening coments for the 4/10/87 Staff Briefing on Peach Bottom. (1 page)

- 2. Undated Agenda for Staff Briefing on Peach Bottom at 3:45 on 4/10/87 (1 page)

3. Undated Closing coments for Staff Briefing on Peach Bottom.on 4/10/81.(1page)

4. Undated Handwritten notes of Commissioner Asselstine from Open CommissionMeetingonPeachBottom.(2pages)

5. 5/1/87 Commission correspondence, CR-87-74, Commissioner . '

Asselstine's notesheet (dated 5/12/87), subject: Letters to Maryland Delegation concerning the shutdown of Peach Bottom.-(1 page)

6. 5/11/87 Comission correspondence CR-87-84, Commissioner Asselstine's notesheet (dated 5/12/87), subject: Letters to Governor William Schaefer, MD, concerning action taken by hRC to shut'down operations at Peach Bottom. (1 page)

7. 5/11/87 Comission correspondence, CR-87-85, Commissioner Asselstine's notesheet (dated 5/12/87), subject: Letter to Maryland Delegation concerning the s N tdown of Peach Bottom. (1 page)

8. Undated- Routingslipwithnotese(1page)

Re: F01A-87-209 APPENDIX F RECORDS TOTALLY WITHHELD

1. 4/3/87 Internal note to Chairman giving background material for Comission meeting (3 pages) (Exemption 5).

2. Undated Commissioner Bernthal's notes taken during 4/10/87 Comission meeting (1 page)'(Exemption 5).

3. 4/9/87 Note for Commissioner Bernthal from Jim Meyer, subject: " Peach Bottom 3:30 p.m. Friday 4/10/87" (3 pages) (Exemption 5).

4. 4/9/87 Internal note to Chairman updating briefing material (1 page)

(Exemptions 5 and 7A).

5. Undated Handwritten note from General Counsel (1 page) (Exemptions 5)

6. Undated Opening remarks for closed portion of 4/10 meeting (1 page)

(Exemptions 5and7A).

7. Undated Meeting agenda (Exemptions 5 and 7A).

8. Undated Closing remarks for closed portion of meeting (Exemptions 5 and 7A).

9. Undated Possible questions to ask at closed meeting (1 page)

(Exemptions 5 and 7A).

10. 6/12/87 Commissioner Roberts' coments on CR-84-104 (Exemption 5).

11. 5/5/87 Commissioner Roberts' coments on CR-87-74 (Exemption 5).

12. Undated Handwritten notes of John Asselstine frcm closed Comission meetingon01investigationatPeachBottom(1page)

(Exemptions 5 and 7A).

13. 4/17/87 Memo from John Hoyle, subject: " Staff Requirements-Briefing on Status of Peach Bottom 3:30 P.M., Friday, April 10, 1987, j Chairman's Conference Poem, D. C. Office (Closed--Enmptions 5 and 7A) (1 page).

14. 5/22/87 Note for Commissioner Bernthal from Steve Schinki, subj:

CR-87-90(1page)(Exemption 5)

LAT OFFICE 5 DONALD B. LEWIS 1001 l'Hil ADELPHI A 5M"INGS f L'ND BUILDINO PHILADELPHIA, PE NN5YLVANIA 19107 cis; 6 was April 9, 1987 Freedom of Information Act Officer Divicion of Rules and Regulations FREED 0H OF INFORMAT10ti Office of Administration C REQUEST p'

Nuclear Regulatory Commission 2.-=./fa "O /~ g g 9 1717 H Street, N.W.

Room 4210 Washington,

/g g, D.C. 20555

Dear Sirs:

Pursuant to the Freedom of Information Act, 5 U.S.C.

Section 552 el seq., I am hereby requesting access to any and all documents relating to, referring to or evidencing:

Commission (1) the-order by the staff of the Nuclear Regulatory

("NRC") that the- Peach Bottom nuclear power plant of the Philadelphia Electric Company ("PECO") be closed after an investigation established that control room operators had been sleeping on the job or wer(. otherwise inattentive on duty; (2) the NRC investigation that culminated in the fore-going order and the facts found in that investigation; (3) communications between representatives of PECO and representative of the NRC in the course of the foregoing inves-tigation and/or with respect to the foregoing order; order; (4) the decision by the NRC to issue the foregoing (5) the reason for the NRC order; (6) sleeping or inattentiveness by PECO operators detected prior to the events that were the subject of the NRC's recent investigation and ar.y communications between the NRC and PECO with respect to the same; on PECO.

(7) the possible or anticipated impact of the NRC order N

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Freedom of.I'nformation Act Officer

' Division of Rules-and Regulations 4  : Apr11'9,. 1987

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.Your promptest possible response to this letter wil1~be gratefully appreciated, i

Sincerely yours, w$$ b ..

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Donald B. Lewis DBL;rme cc : . David B. Zlotnick, Esquire 4

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