ML20237J515

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Final Response to FOIA Request for Documents Re Facility. Apps E,F & G Records Being Made Available in PDR & Lpdr in Monroe,Mi & Encl.Portions of Apps E,F & G Records Withheld (Ref FOIA Exemptions 6 & 7)
ML20237J515
Person / Time
Site: Fermi DTE Energy icon.png
Issue date: 08/19/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Puntenney J
SAFE ENERGY COALITION OF MICHIGAN
Shared Package
ML20237J518 List:
References
FOIA-86-245 NUDOCS 8708260202
Download: ML20237J515 (8)
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Text

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\, INFORMATION ACT (FOlA) REQUEST AUG 19 g DOCKET NUMBEAts> i# especebee>

siouis7'" 50-341 l Ms. Jennifer E. Puntenney, Safe Energy Coaliti:n of MI PART l.-RECORDS RELEASED 08 WOT LOCATED (See checked boxes)

No agency records subpect to the request have been located.

No addrtonal agency recx>rds subject to the request have been located.

4 Agency records subject to the request that are identified la Aroendix are already avadable for public inspection arca copying in the NRC PWiic Document Room, I' 1717 H dtreet, N W., Washmgton, DC .

y Agency records sub;ect to the request that are identrfed in Appendie .L F & G are being made avaiiabe for pubiic inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA romber aric requester name.

The nonpropnetary verseon of the proposaltsi that you agreed to accept in a tekicree ronversaten wrth a member of my staff is now being made avaiable for public rupection and coymg at the NRC Pubhc Document Room,1717 H Street, N W., WasNngtcr. %, m a folder under thia FOIA number and requester name.

Encioned is information on how you may obtain access to and the charges for copyrq socords placed in the NRC Pubbr Document Room,1717 H Street, N.W., Washington, DC. i Agency records subpoet to the request are enclosed. Any apphcable cha go for cocase pf the re-ords provided and payr-lent procedures are noted in the comrnents secton.

Records subpect to the request have been referred to another Federal agency <ies' W wview and direct response to you. j in view of NRC's response to this request, no further action is being taken on apoem aetter dated PART lt.A-INFORMATION WTTHMELD FROM PUBLIC DISCLOSURE Cartain inic,rmation in the requested records is being withheld from public deciokre mursuant to the FOlA exemptions desenbod in and for the reasons stated in Part fl. sec-X e"s th 8.Pubhc NRC C, and D. Any reieased Document Room,1717portions H Street,ofNthe W., documents Washington, for DC,wh.ch e a fooroniy p.rtthis under o tFOIA

. ecord is being number wrthheidname.

and requester are being made avaiiabie for pubiie insp.ction and Comments Records that are being released in whole'or in part are being placed in the NRC Public Document Room located at 1717 H Street, NW, Washington, DC 20555,in file folder FOIA-86-245 under your name. The records are also being placed in the Local Public Document Room (LPDR) for Fermi located at the Monroe County Library System, 3700 S. Custer Road, Monroe, MI 48161.

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$10 i E. DiAECTOR D V 'ON OF R#LES AND RECORDS

$f& ./ L / A4 8708P60202 070819 PDR FOIA P,UNT EN NB6-24 5 PDR d'

NRC FORM 464 (Part n (9 asi

l FREIDOM OF INFORMATION ACT RESPONSE FOIA NUMBERtS) F01A-86-245 DATE Aggn , _

"W PART 18 B- APPLICABLE FOIA EXEMPTIONS A J l@7 Records subject to the request that are descnbed in the enclosed Appendices E, F & G a,e be,ng witnneid in inei, entirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552M and 10 CFR 9 Sta) of NRC Regulations.

1. The withheld information is property classded pAant to Enacutwe Order 12356 (EXEMPTION 1)
2. The wit'iheir information e relates solely to the ire-a! personnel rules and procedures of NRC. IEXEMPTION 2i I
3. The withheld information is specifically exemptec hom public disclosure by statute indicated. (EXEMPTION 3)

Section 141146 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerfy Restncted Data (42 U S.C. 21612165). i Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information 142 U S.C. 2167).

4. The withheld information is a trade secret or commercial or financial information that is being withhe6d for the reason (s) indicated: (EXEMPTION 4)

The information is considered to be confidential business (propnetary) information.

The information is considered to be propnetary information pursuant to 10 CFR 2.790(dH1).

The information was submitted and recorved in confidence from a foreign source pursuant to 10 CFR 2.790(dM21.

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6. The withheld information consists of interagency or intraagency records that are not available through discovery during litigation. Osclosure of predecisional information  !

would tend to inhabit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextricably I intertwined with the oredectssonal information. There also are no reasonably segregable factual portons because the release of the facts would permrt an indirect inquiry into the predecisenal process of the egency. (EXEMPTION 5)

X 6. The withheld information is exempted from public :.*"osure because its disclosure would result in a clearfy unwarranted invas.on of personal privacy. (EXEMPTION 61 X 7. The withheld information consists of investigatory records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7) l Disclosure would interiere with an enforcement proceeding because et could reveal the scope, direction, and focus of enforcement efforts. and thus could l possit#y allow them to take action to shteid potential wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7(Al)

Disclosure would constitute an unwarranted swasion of personal pnvacy (EXEMPTION 7tC))

K The information consists of names of individuas and other information thi, disclosure of which would reveal identities of confidennal sources (EXEMPTION 7(Dil PART lt.C-DENYING OFFICI ALS Pursuant to 10 CFR 9 9 and/or 9.1E of the U S. Nuc6aar Regulatory Commisson regulations, it has been Jetermined that the information withheid is enempt from production or disclosure, and that its production or disclosure is contrary to the puohc interest The persons responsible for the denial are those officials identified beiow as denying officials and the Director, Division of Rules and Records. 0+fice of Administrate on, for any denials that may be appeased to the Executwe Director for Operations aooi DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL Director, Office of sec e av em Ben B. Hayes Investigations App. Ee F&G X i

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PART 18 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 appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed es appropriate to the Executive Director for Operations or to j the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and shouid clearly state on the envelope and in the letter i that it is an " Appeal from an initial FOIA Decision."

NRC FOAM ae4 (Pert 2) U.S. NUCLEAR REGULATORY COMMISSION  ;

isa FOIA RESPONSE CONTINUATION  ;

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Re: .F01A-86-245' APPENDIX E DOCUMENT BEING RELEASED IN PART

1. 7/23/85 Investigative Interview.of Gregg Overbeck. (41 pages) 3 (Portions, Exemption 6)-[ Note: This is attachment 4.

to the report released in our 5/15/87. letter, at Appendix C, document #3]

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Re: F01A-86-245 APPENDIX F l DOCUMENTS MAINTAINED IN REGION III ALLEGATION MANAGEMENT SYSTEM FILES WHICH l ARE BEING RELEASED IN THEIR ENTIRETY OR IN PART (THESE RECORDS ARE SUBJECT TO CATEGORY 30FYOURREQUEST)

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1. 3/15/85 Memo for E. T. J'awlik from C. H. Weil re: Allegation re: i SAFETEAM Inter <iew No. 543 Docket No. 50-341 I (ATS No. RIII 84-A-0071) (1 page) (Release) f1
2. 5/30/85 Memo for E. G. Greenman from C. H. Weil re: Fermi SAFETEAM ')

Concern (50-341) w/ enclosures (Release) l

1) Memo dated 5/16/85, P. M. Bryon to C. H. Weil (1page)(Release) {
2) Memo dated 5/13/85, R. J. Markovich to P. M. Bryon i (1page)(Release) l
3) SAFETEAM Concern 655 and 656 (3 pages) (Portions, Exemption 6) l AMS No. RIII-85-A-0176:
3. 6/26/85 Memo to M. Candella from R. J. Markovich re: Possible
l Wrongdoing (1page)(Portions, Exemption 6)
4. 7/1/85 Memo to C. H. Weil from P. M. Bryon re: DECO SAFETEAM Concern Relating to Potential Wrongdoing (1 page) (Release)

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5. 7/8/85 Memo to W. J. Kaczor from R. J. Markovich re: Final Response to SAFETEAM Interview No. 676 (1 page) (Portions, Exemption 6)
6. 7/15/85 DECO SAFETEAM Memo Concern to-C. H. WeilWrongdoing-Potential from P. M. Bry(on re:

1page)(Release)

7. 7/29/85 Memo to C. J. Weil from P. M. Bryon, re: Deco SAFETEAM Concerns- Investigators; Response w/ enclosures (Release): Memo to W. J. Kaczor from J. T. Garin, dated 7/3/85,re: Response to SAFETEAM Review #665; Memo to W. J. Kaczor from J. T. Garin dated 7/10/85, re: Response to SAFETEAM Interview No. 673 (7 pages) (Portions, Exemption 6) l l

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Re: F01A-86-245 l

APPENDIX F (Cont'd)

8. 9/11/85 Mese to E. Pawlik from C. H. Weil re: Fermi SAFETEAM Concerns-J Nos. 665 and 673 (Release) w/ enclosures: Memo to J. Piana from R. J. Markovich, dated 9/6/85 re: SAFETEAM Concern Nos. 690, Potential Wrongdoing (Portions, Exemption 6); Memo to-C. H. Weil I from P. M. Bryon, dated 9/9/85 re: DECO SAFETEAM Concerns (3 pges) (Release) j
9. 10/29/85 Ment to C. E. Norelius from C. H. Weil re: . Office of Investigations' Review of the Fenni SAFETEAM (50-341)

(AMS No. RIII-85-A-0176) (1 page) (Release) j

10. 12/5/85 Ment to C. H. Weil frcm C. E. Norelius re: Office of Investigations Review of the Fermi SAFETEAM j (AM5 No. RIII-85-A-0176) (1 page) (Release) l I

l Re: F01A-86-245 APPENDIX G i

DOCUMENTS MAINTAINED IN OFFICE OF INVESTIGATIONS CASE FILE 3-85-013 WHICH ARE BEING RELEASED IN THElR ENTIRETY OR IN PART (THESE DOCUMENTS ARE SUBJECT TO j CATEGORY 1 0F YOUR REQUEST) i I

1. 2/14/86 OI Report Case Number 3-85-013, entitled, "Enrico Fermi-2 Material False Statement Re: Full Power Licensing."

(22 pages) (Portions, Exemptions 6 and 7C)

2. 7/30/85 Exhibit 1: Investigative interview with individual.

(56 pages) (Portions, Exemptions 6 and 70)

3. 7/31/85 Exhibit 2: Investigative interview with John Dewes.

(30 pages) (Portions, Exemptions 6 and 7C)

4. 7/31/85 Exhibit 3: Investigative interview with Barry Myers.

(32 pages) (Portions, Exemptions 6 and 7C)

5. 7/23/85 Exhibit 4: Investigative interview with David Aniol.

(36 pages) (Portions, Exemptions 6 and 7C) 1

6. 10/23/85 Exibit 4A: Affie /it of David Aniol. (11 pages) l (Portions, Exemptions 6 and 7C)
7. 7/31/85 Exhibit 5: Investigative interview of Edward Duda. (26 pages)

(Portions, Exemptions 6 and 7C)

8. 7/30/85 Exhibit 6: Investigative interview of Tom Dong. (23pages)

(Release)

9. 9/26/85 Exhibit 7: Investigative interview of Jerome Flint. (29 pages)

(Portions, Exemptions 6 and 7C)

10. 7/31/85 Exhibit 8: Investigative interview of Stephen Burt. (27pages)

(Portions, Exemptions 6 and 7C)

11. 7/30/85 Exhibit 9: Investigative interview of Eugene Preston.

(49 pages) (Release) 12 8/20/85 Exhibit 9A: Investigative interview of Eugene Preston.

(26 pages) (Portions, Exemptions 6 and 70)

13. 7/1/85 Exhibit 10: Fermi 2 Reactor Engineer 109 (1page)(Release)
14. 7/1-2/85 Exhibit 11: DECO NSS Log. (1 page) (Release) 15, 7/2/85 Exhibit 12: DEC0 NSS Log. (1 page) (Release)
16. 7/2/85 Exhibit 13: DECO Deviation Event Report. (4 pages) (Release)

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l Re: F01A-86-245 )i APPENDIX G (Cont'd) j

17. 9/26/85 Exhibit 14: Investi I (31 pages) (Release)gative interview of John P. Thorpe.
18. 7/23/85 Exhibit 15: Investi (23 pages) (Release)gative interview of Robert S. Lenart.
19. 8/20/85 Exhibit 15A: Investigative interview of Robert Lenart. j (19 pages) (Portions, Exemptions 6 and 7C)
20. 7/23/85 Exhibit 16: Investigative interview of Gregg Overbeck.

(41pages)(Release) i

21. 8/20/85 Exhibit ~16A: Investi (32 pages) (Release) gative interview of Gregg Overbeck.
22. 7/23/85 Exhibit 17: Investigative interview of Leo C. Lessor.

(23 pages) (Portions, Exemptions 6 and 7C)

23. 8/20/85 Exhibit 17A: Investigative interview of Leo lessor. (28pages)

(Portions, Exemptions 6 and 7C)

24. 8/20/85 Exhibit 18: Investigative interview of Hari Arora. (18pages)

(Portions, Exemptions 6 and 7C)

25. 7/31/85 Exhibit 19: Report of Interview of Michael Perker. (2pages)

(Release)

26. 10/3/85 Exhibit 19A: Statement of Michael Parker. (4pages)(Release) 27, 7/23/85 Exhibit 20: Investi (21 pages) (Release)gative interview of Wayne H. Jens.
28. 9/26/85 Exhibit 21: Investi l (20 pages) (Release)gative interview of Melvin L. Batch.
29. 7/5/85 Exhibit 22: Memo from Batch. (2 pages) (Release)
30. 9/26/85 Exhibit 23: Investi j (22 pages) (Release)gative interview of William F. Colbert. l
31. 9/11/85 Exhibit 24: Report of Interview of Darrell Eisenhut.

(3pages)(Release) l

32. 9/11/85 Exhibit 25: Report of Interview of James G. Keppler. (1page)

(Release)

33. 9/12/85 Exhibit 26: Report of Interview of A. Bert Davis. (1page)

(Release) l l

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Re: F01A-86-245 APPENDIX G (Cont'd)

34. 2/13/86 Exhibit 27: Memo f rom Gary Edles to Victor Stello. [This document was released in our 5/15/87 letter regarding your request, on Appendix C, document #3. In addition.. attachment 4 of this memo is being addressed in Appendix D of this letter]

SAFE ENERGY COALITION OF MICHIGAN '

P.O. BOX 331 MONR0E . MICHIGAN 48161 March 24, 1986 i Freedom "of Information Officer .

FRESOOh! OF INFORMATION O U.S. Nuclear Regula' tory Commission ACT REQUEST 1 Washington, D.C. 20555 For A- n -ass

Dear Sir /Ms. :

0 E 'd + w e b Pursuant the Freedom of Information Act, 5 USC 552 et Seq. as amended, the Safe Energy Coalition of Michigan hereby request material ,

as described belows (1) Copy of the Office of Investigations report and conclusions on the Detroit Edison Company's Fermi 2 nuclear power plant re-garding the July 2nd, 1985 criticality /out-of-sequence control rod incident, (2) Copy of the Office of Investigator and Auditor report and con-clusions on the NRC and its involvement in the Fermi 2 nuclear power plant July 2nd, 1985 criticality incident,

( 3) All internal memos, correspondence, documents, and a copy of the Office of Investigations report and conclusions on the Fermi 2 SAFETEAM (Detroit Edison Co. , Monroe County, Michigan) .

I Pursuant, 5 USC 552 (a) (4)(A), we hereby request waiver of all ,

fees in connection with this request "because furnishing the informa- '

tion can be considered primarily benefitting the general public." If l any fees are to be charged in connection with this request, please j notify us in advance for approval at the above address or at this j telephone number 313-477-M41 or 313-477-1670. - This advance notice j shall not be necessary if the fees are to be less than $ 15 00 in total. j We look forward to your response within ten (10) business days  !

after you receive this request, as specified in the Act. (FOIA). Thank  !

you for your hblp in this matter. j Sincerely, t

  1. aw' m.n. W a

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