ML20236T414

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Final Response to FOIA Request for Lw Zech to GE Studds Re Plant.Encl App H Records Available in PDR & Plymouth Public Library.App I Withheld (Ref FOIA Exemption 5.)
ML20236T414
Person / Time
Site: Pilgrim
Issue date: 11/25/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Sorgi D
MASSACHUSETTS, COMMONWEALTH OF
Shared Package
ML20236T416 List:
References
FOIA-87-645 NUDOCS 8712010219
Download: ML20236T414 (4)
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RESPONSE TO FREEDOM OF' M" ude IMbe

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U PART t.-RECOROS RELEASED OR 190T LOCAftD (See chocaed homeel les egency records outgeet to the request have been kicated No edesonal agency records outgect to tio request have been located.

Agency recortie outgect to 9t? rechaet that are idervWood in Appende oro already available for pubhc anspectson and espues en the NRC Pehc Document Room.

1717 H Street, N.W., Weehergson, DC, Agency socords outgeet to the request that are idoneRed in Apoonses NN er, being modo evetsbie for piece inspach sie usurytrg h the NRC Petc Document Room,1717 H Street. N.W., WesNngton, DC, in a folder unser the FOIA nurreer and reewester nome.

The neripropnetary version of the proposette) Wist you agreed to aumept m o *.eisphone conversetson uneth a tromber of any stoff is nous tang stede svedelde for pub 6c inesection and coy 6ng et the NRC Putsc Document Room,1717 H Street. N W., WesNngton, DC. in a fodder under the FOIA nwritier and reemmer emme.

Enc 6osed is eformation on how you mey otnam access to end the chorges for copyme records oleced in e.e NRC Puberc Document Room.1717 M Street, N.W., WesNngen, DC.

Agency records outvect to the teoumet are enclosed. Any em charge for copies of the records provided and payment procedures se nosed in the commente escean-RSCorth autigact so Wie request have been rWerred to another Fedesel Wes) for review and direct response to you.

in .f NRC 4 - so ,0.uesi, no fu,,ie, ec.on . ise.ng en on appeanette, ested PART II.A-IIfront4AT10N WITHHELD PROM PUSUC DISCLOSURE Certain information h the recusated records is being swithheld from pulse diectosure pursuant to the FOtA esempeone descreted in and der Se sensore steesd in Pert 11. esc-dare e, C. and D. Any ro6eemed persons of the documans ter emem on#y port of the record is bemg evethheid see bairg made eveesmes ter piene hopecean and copyme m the NRC Putsc Document Room,1717 H Street, N.W., Weehmgeon, DC. in a folder under the FotA number and roguester name.

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FZEEDOM OF INFORMAT)Ot[ACT RESPONSE FOIA NUMBER S [d] $ -g% d Y 7 DATE: NOV 2 5 W PAAT 83 8- APPLICABLE FOIA EXEWTIONS R: cords subject to the rei: Nest that are described in the enclosed Appendices $ _ are being withheld in their entirety or in part under FO.A Ex:mptions and for the easons set forth below pursuant to 5 U.S.C. 552(b) and 10 Cra 3 5(a) of NRC Regulations.

1. The withheld informeme a graperty classited pursuant to Executive Order 12356 (EXEMPTION *
2. The wrthhold informatum toepass so6 sly to the intomal personnel rules and procedures of NRC Es'EMPTION 2)
3. The wrthreld informetem a socifica9y exempted from public disclosure by statute indicated EtTMPTION 3)

Section 141-145 of tlaw Atenc Energy Act which prohibits the derlosure of Reatricted Deu cr Formerly Restncted Data (42 U S.C. 2161-21661.

y Secten 147 of the Aaomic Erergy Act which prohibits the disclosure of Unclassified Safep.ar:s information 142 U.S C. 2167).

4. The withheld informenom a a trade secret or commercial or financial informaten tht a being ere= meld for the reason (s) endscated. (EXEMPTION di The informat on a carmidsred to be confidential business fpropretaryl information.

The information a ccmsidered to be propnetary information pursuant to 10 CFR 2.790tdH1' The information was subres nod and receivul in confeder ce trom a foreign source pursuant to T CFR 2.790 ldh 2).

5. The withheld informenorn consets of interager cy or intraaioney records that are not availabie through discovery dunne litegation. Declosure of predecisional informative would tend to inhbet the open and frank excf ange of ideci essential to the deliberative process Where records are ethhold in their entirety, the facts are inextncabh intertwmed with the prunecmonal informater There also i re no reasonably segregable factus portions because the release of the facts would permit an indirect enquiry into the swoomassonal process of the agenci . (EXEMPTION b
6. The wthheld informative a exempted from public discloure because its disclosure would reEJT t' a clearly unwarranted :nvasaon of personal privacy. (EXEMPTION 6
7. The withheld informatern cornets of investigatory records compiled for law enforcement purocees and a being withheld for the reason (s) indicated. (EXEMPTION 7)

Desclosure would ensiders wth an enforcement proceeding because it could reveer the scope, dicection. and focus of enforcement efforts. and thus could possibsy allow them so take action to sheid potential wrongdoing or a violation of NRC remeraments from investigators. (EXEMPTION 7tA))

Onclosure would corstitute an unwarranted invasion of personal privacy (EXEMPTION 7tC i The informaten conmats of names of individuals and other information the disclosure of unce evould reveal identities of confidential sources. (EXEMPTION 71DH PART 11 C-DENYING OFFICIA&.5 Pursurnt to 10 CFR 9 9 and or 515 of he t U.S Nuclest Regulatory Commiss.on regulations, rt has been aetermuned that the information withheid e exempt f rom production or declos.ru and that its production or daciemure e contrary to the public interest. The persons responsible for the dersmi are those officels identified below as denying officials and the Dire:*I:r Divmeon of Rules and Records. Offce of Adminstration, for any denials that may be appealed to the Emmeutive Director for Operations 4EDo)

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL ce H+ M ko ese&Lw 1 4WQZ E %, 5 Xs-PART 11 D- APPEAL RIGHT5 The denial by each denyog of5cial identified in Part II.C may be appealed to the AppeLyte Official identified in that section. Any such appeal must be ir writing and must be made withe 130 days of receipt of this response. Appeab must be addresrmd as appropriate to the Executive Director for Operations or t:

ths Secretary of the Comrnisson. U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the lette*

that it is an ** Appeal fror- an instal FOfA Decision."

wnc Fonu ses leert 21 U.S. NUCLEAR REGULATORY COMMISSK2m

<se FOlA RESPONSE CONTINUATION

Re: F01A-87-645 APPENDIX H RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER

1. 7/15/86 Letter from Lando W Zech to Honorable Gerry E. Studds, concerning questions on Pilgrim Station in light of accident at Chernobyl (2 pages) w/ attached questions and answers (10pages)

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f Re: F01A-87-645

! APPENDIX I l RECORD WITHHELD IN ENTIRETY

-1. Undated Draft letter from Lando W. Zech to Honorable Gerry E.

Studdswithquestionsandanswers.(11pages) Exemption 5.

(Three versions of draft letter.)

I

THE COMMONWEALTH OF M A'SS ACHUSETTS -

G 3 DEPARTMENT OF THE ATTORNEY GENERAL g w G JOHN W. McCORMACK STATE OFFICE BUILDING

, ,. ONE ASHSURTON PLACE. BOSTON 021o81698

' JAMES M. SHANNoN I -*"""*"""^'

September 28, 1987 EKEDOM 0F INFORMATION Donnie H. Grimsley

'- yi Director, Division of Rules and Records

. Office of Administration 7- f, g United States Nuclear Regulatory Commission gg $

7735 Old Georgetown Road /

Bethesda, MD 20814

Dear Mr. Grimsley:

This is a request under the Freedom of Information Act (FOIA), as amended 5 U.S.C. 552.

I hereby request all records concerning Confirmatory Action Letter 86-10. This request includes, but is not limited to, all documents which served as input to the final version of CAL 86-10, all records exchanged between Region I and NRC

, headquarters personnel concerning the matters raised in CAL 86-10, records of telephone conversations between NRC and Boston Edison Company personnel concerning the matters raised in CAL 86-10, and all drafts of CAL 86-10.

I reserve the Attorney General's right to appeal the withholding or deletion of any material.

As authorized in the Nuclear Regulatory Commission's regulations at 10. C.F.R. S 9.14a(a)(2), we believe that furnishing these requested documents without charge to the Massachusetts Department of the Attorney General would be a

' governmental courtesy appropriate to this request, particularly given budget.

the importance of the documents sought and our limited As you know, the FOIA also authorizes you to reduce or waive. fees when release of requested information would benefit "the public interest." As Attorney General for the Commonwealth, we believe the information requested would ]

clearly be in the public interest, and therefore the fees for searching and reproduction should be waived. The documents requested are for the Attorney General's review of the conduct i of the Boston Edison Company during the recent outage of the '

Pilgrim Nuclear Power Plant. The Attorney General conducts l

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e such a review regarding-the reasonableness of.the company's actions as part of his representation of Massachusetts consumers-before'the. Massachusetts Department of Public Utilities. Provision of'the requested documents with waiver of fee will both facilitate this review process and reduce the cost of1providing this governmental service for Massachusetts citizens.

Based.on the above and on our limited budget, I therefore request that'you waive any fees. As provided in 10 C.F.R. S 9.14b(e), I reserve the Attorney. General's.right to appeal any denial of fee waiver or reduction.

If you have any questions, please call me at 617-727-1083.

Pursuant to the FOIA, I will expect a reply within.10 working

' days..

Sincerely, s

W>1 Donna Sorgi' Chief, Utilitt s Division Assistant Attorney General' Public Protection Bureau (617) 727-1083 1

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