ML20236A713

Partial Response to FOIA Request for Documents Re Reporting of Aos.Forwards Documents Listed in App J.App J Documents Also Available in Pdr.App K Documents Withheld (Ref FOIA Exemption 5)

ML20236A713
Person / Time
Site:	Calvert Cliffs
Issue date:	10/20/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Gordon J Public Citizen's Critical Mass Energy Project
Shared Package
ML20236A720	List: ML20236A713 ML20236A761
References
FOIA-87-377, RTR-NUREG-0090, RTR-NUREG-90 NUDOCS 8710230054
Download: ML20236A713 (4)

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T., s / INFORMATION ACT (FOlA) REQUEST v OCT 2 01987 ese..

g DOCKET NUM8tA'$. at sca<m KtA t$ ga J f j U c]  ?] 1" ( ,1 W PART 1.-RECORDS RELE ASED OR NOT LOC ATED ISee etwcked bones)

$:N agency recorta subtect to the request have been located.

Peo additional agency records sublect to the request have been located Agency records subject to the request that are identified in Appendia are already avadable for public inspection and copying in the NRC Public Documer t Room, 17t ? H Street. N.W., Washington, DC A@ency records sub,ect to the request that are identified in Appendia are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder.under this FOiA rumber and requester name.

F TN not proprietary versson bf the proposal (s) that you agreed to accept e e *eephone conversation with a member of my staff is now be'ng made ava&able for public esoection a c coving at tf5e NRC Public Document Room,1717 H Street. N W,. '.as- Sgton, DC. in a folder under this FOIA number and requester name.

Eaciosed e information on how you may obtain access to and the cPargM 'c' copying records pla:ed in the NRC Pubhc Document Room.1717 H Street N.W., Washings. OC.

Apency records subsect to the request are enclosed. Any apphcable cha*;e ':i' copies of the records provided and payment procedures are noted in the comments secten.

F.ecords nubet to the request have teen referred to another Federal ageacy est for review and direct response to you.

In vow of NRC's response to this request, no further action es beir'g take* c' appeal letter dated PART II.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cer,ain information in the requested records is being withheid from pubic dociosure pursuant to the FOlA exemptons described in and for the reasons stated in Part it sec-tes 8. C. and D. Any re4 eased portens of the documents for wh chi orry ce1 of the record as being withheld are being made avadable for public inspection and copy'rg in t*e NRC Pubhc Document Room,1717 H Street, N W., Washington. D; e a folder under this FOI A number and requester name.

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PDR FOIA PDR, CORDON 87-377 S k LtS AND RECOROS

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Records subject to the request that are described in the enclosed Appendices _

re W; et* eld in their erdrety or in part under FOtA Enmptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 Sia :? V C Ngvatvns. '

1[. The withheld information e e/ocem class < feed pursuant to Emecutive Order 12356 IEXEMPTION 11 t 2 The withheid'information reia es nety to the internal persoanel rules and procedures of NRC. (EXEW* ; % .

3. The withheld information es sced hairy exempted from public disclosure by statute indicated. (EXEMF* C S 3 Section 141145 of the Atomic treigy Act which prohibits the dsclosure of Restncted Data *or For ee, a estrened Oa'.a 142 U.S.C. 21612165).

Section 147 of the Atomic Enegy Act which prohibits the disclosure of Unclassified Safeguards Inf:r a on (4* . S.C 2167).

4. The withheld Information is a trade secret or commercial or financial information that is being wit %e6c 'v me 'earrisi edicated: (EXEMPTION 4)

The information is conside'ed te be confidential business loropnetary) information.

The informeten is conside ed to be proprietary informaten pursuant to 10 CFR 2 790(dH11.

The information was submetted and received in confidence from a foreign source pursuant to 10 CF8 2N-d4 1 ,

6. The withheld information corasts of interagency or intraagergy records that are not available through asccve y c.rrg irdation. Deciosure of predecisional informadon would tend to inhibit the open ard frank exchange of ideas essential to the deliberative process. Where ecxds a*e Mthre+d in their entirety, the facts are inextricath '

inter 1wmed with the odecisenal eformaton. There also are no reasonabi segregable factual portions tecose the vease of the facts would permet an indirect inquiry into t e predeossora! process of the agency, IEXEMPTION 6, The withheld information is ene*cted from public declosure because its disclosure would result in a cw. .Navted r asion v of perunal pnvecy. (EXEMPTION 6

7. The withheld information cornsts of investigatory records compiled for law enforcement purposes and e :eeg w-reid *:* the reason (s) indicated. (EXEMPTION 7-Oinclosure would interfere utn an enforcement proceed ng because it could reveal the scope, directice armd foc.s sf eMorcement efforts. and thus could posstig snow them to take actw to ahed potential wrongooing or a violation of NRC requiremem ":- insergate-s (EXEMPTION 7tAH

< Oisclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 71CH j

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The information consists of na~es of individuals and other information the disclosure of which woui: "ese ide-tes ci confidential sources. (EXEMPTION hD" PART 11 C-DENYlNG OFFICIALS [

Fursu'.nt to 10 CFR 9 9 and/or 915 of the U S. Nuclear Regulatory Commissen regulations it has been detertwne: ?c -ne ir*:r-aw withheld is ssempt ftom production or disdosure, i and that its production or declosure a cc-trary to the public interest. The persons responsible for the denia a e ?cw offisais idemf ed below as denying officials and the Director,

- Diveico of Rules and Records, Office of Administration, for any denials that may be appealed to the Execetm Onetor tr Operstions stooi.

1 DENYING OFFICIAL ,,d yllTLE/OFFLCg J RECOR;S C'ENIEC APPELLATE OFFICIAL g g sscRETARY ,f00

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i PART tt 0- APPEAL RIGHTS l l- The denial by each denying officW identified in Part II.C may be appealed to the Appellate Of%a. centic in t9at section. Any such appeal must be in writing and must be made within 30 days of receipt of this respaise. Appeals must be addressed M a:Wopve to the Executive Director for Operations or to I- the Secretary of the Commission. U.S. Nuclear Regulatory Commission, Washington, DC 20555 vc sheve clerfy state on the envelope and in the letter th.rt it is an " Appeal from an fnitie FOIA Decision."

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' uc Pow asa lPart a U.S. NUCLEAR REGULATORY COMMISSION l . e< se, FOIA RESPONSE CONTINUADON L

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Re: F01A 87-377:-

APPENDIX' J RECORDS MAINTAINEL IN'THE PDR UNDER.THE ABOVE'REOUEST NUMBER' NUMBER:

DATk DESCRIPTION ~

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2/6/87' ' Memo for C. J. Heltemes'froq J. B. Martin, Reg V, subject

" Abnormal Occurrence Report to Congress for Fourth Quarter CY-1986, "-(1 page)

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2/17/87i . Memo'for C..J. Heltemes from Robert D. Martin,c Reg. IV, subject: " Input to the Abnormal Occurrence Report to Congress," -(l 'page)L L3. 3/1/87- Memo for C. J. Heltemes from T. E. Murley, Reg I; subject: " Abnormal 0ccurrence Report to Congress-forFourth'QuarterCY1986,"(6pages) 4.: 05/23/87 Memo.for' Edward L.' Jordan from William T. Russell, Reg I, subject: " Concurrence ~on-Abnormal Occurrence

, Report to Congress'for Fourth Quarter CYJ1986,"

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APPE'OIX X b//i t t 1 REC 09:5 TOTALLY WITHHELD

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1. 6/17/87 Memo for Edward L. Jordan from Robert D. Martin, t

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2.. 6/17/87 kemo for E. L. Jordan from J. B. Martjn, subject: l

" Abnormal Occurrence Report to Congrestfor First 1 Quarter CY 1987," - (2 pages) - Exemption 5 .<

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PUBLIC CITIZEN Buyers Up : Congress Watch D Critical Mass C Health flesearch Group a Utigation G:oup O Tax Group June 15, 1987 Don Grimsley Director, Division of Rules & Records EREEDOM OF INFORMATION Nuclear Regulatory Commission ACT REQUEST Washington, DC 20555-MNBB 4210

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Attn. Freedom of Information Act Request Mr. Grimsley:

Pursuant to the Freedom of Information Act, as amended, S U.S.C. g 552, Public Citizen's Critical Mass Energy Project hereby requests copies of the following records.

Please provide all records used for determining what accidents, mishaps, reactor events, conditions, component or human - failures, or any other situations which were accorded

" Abnormal occurrence" status and were thereby included in the 1986 Reports to Congress on Abnormal Occurrences (Nureg-0090,

~Vol. 9, Nos. U 2,.3, & 4E " Abnormal Occurrences" which occurred in 1986 but will be included in Vol. 10 of the Reports are included in this request as well.

This request also seeks records on such events or situations that were considered for inclusion in the NRC's listing of

" Abnormal Occurrences," but were ultimately not labeled as

" Abnormal occurrences." This includes, but is not limited to, those events or situations included in Appendix C ("Other Events of. Interest") of all the Vol. 9 (and Vol. 10 if applicable as noted above) " Abnormal occurrence" reports.

In particular, this requect seeks those records which explain how the NRC made its decisions to include or not include ]

particular events, segments of events, or conditions, in its list '

l of Abnormal occurrences.

This request pertains to all records in the posession of the

{. Nuclear Regulatory Commission (NRC), its licensees, or in the possession of contractors or subcontractors of the NRC or its licensees. j In this request, " record" includes, but is not limited to, any memoranda, formal or informal correspondence, reports, ,

studies, reviews, letters, computer memories and printouts, d information transfer systems, audio and video tapes, movies and any other form of communication, in the possession of any individual or office in the NRC, whether generated by the NRC, its contractors, the nuclear industry or any other source. I d

s 215 Pennsylmnia Ave. SE C Washington, DC 20003 O (202) 546 4996

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,._ . s e Public Citizen's. Critical Mass Energy Project is a nationally known non-profit public interest organization founded j in 1974. We will use these documents in our studies of nuclear t power safety, and we will disseminate and distribute the l information contained therein to the press.and public. Public Citizen's annual Nuclear Power Safety Report, and its numerous other publications, attract wide attention in the national, local,- and trade media. Thousands of copies of Public Citizen's

. reports have been sold or distributed to members of the public, I industry, government and citizen groups.

Since furnishing these documents "can be considered as i primarily benefitting the public," we request a complete waiver. l of any costs you might incur in processing these records or  !

making copies for us under the provisions of 10 C.F.R. g 9 and 14(a). If you rule otherwise, please notify us before filling l the request.

Nothing in this request should be considered a request for i' the private records of any specific individual. Hence, no provisions of the Privacy Act should be deemed applicable. i If all or any parts of this request are denied, please cite the specific exemptions (s) on which you rely in refusing to  ;

release the documents. l ,

Further, since the Freedom of Information Act provides that i if only portions of a file are exempt from release, the remainder i must be released, 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 j expect to receive the requested records or a final determination  !

within ten working days. If your office is unable to fully I l

respond to this request in that time, please send us a written estimate of when the response will be completed. 1 If you have any questions about this request, please telephone me at (202) 546-4996.

Thank you for your help. f Singerely q

( l N l i Joshua Gor on Nuclear Analyst Public Citizen's Critical Mass Energy Project l

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