ML20238D846

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Final Response to FOIA Request for Documents Re Concerning Insp Repts 50-445/87-07 & 50-446/87-06.Forwards App B Documents.App a & B Documents Available in Pdr.App C Documents Withheld (Ref FOIA Exemption 5)
ML20238D846
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 09/10/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Bauman L
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20238D848 List:
References
FOIA-87-429 NUDOCS 8709110435
Download: ML20238D846 (5)
v • d • e


See also: IR 05000445/1987007

Text

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( INFORMATION ACT (FOIA) REQUEST

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DOCarf NUMBEksi t# sopoca6e+

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PART I.-RECORD 8 RELEASED OR DOT LOCATED ISee checkenomi

No agency records subnet to the request have been located.

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No additional agency records subsect to the reemet have been located.

Agency records subpct to the request that are idonered in Appenda A a,e aiready avaiiabie to, pubiic insoccoon ena copying in the NRC Pubiic Documeni Room, i

1717 H Street, N.W., Washington, DC.

Agency records subject to the request that are aderded en Appendix b are being made available for public inspection and copying in the NRC Pubisc Document i

Room,1717 H Street, N.W., Washington, DC m a fo6 der under this FOIA number and requester name. I

The nonpropnetary version of the proposeltsi that you egreed to accept in a telephone conversation with a member of my staff is now being rnade ovatebie for public inspection

cnd coying et the NRC Public Document Room,1717 H Street, N W., Washington, DC, in a fo6 der under the FOIA number and requester nome.

Enclosed is information on how you may obtmn access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street. N.W., Weehington, DC.

Agency rea:ords subpct to the request are orcloemd. Any applicable charge for copies of the records provided and payment procedures are noted in the comments secten,

hecords subpct to the request have been referred to another Federal egency(ies) for review and direct response to you.

In v6ew of NRC's response to this request, no furcier acton a being taken on appeal letter dated

PART ll.A-INFORMATION WITHHELD FROM PUBUC DISCLOSURE

Ccrtain information in the requested records a borig chold from pubhc disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Port 11, sec-

K tior:a B, C, and D. Any released poisons of the eacumenth for which only part of the record is being withheld are being made available foi ,thiblic inspection and copying in

the NRC Public Occument Room,1717 H Soort. N W., WasNngton, DC, b a folder under this FOIA number and requester name.

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FIEEDOM OF INFORMATION ACT RESPONSE FOIA NUMBER 4SI: DI * h ~ hff DATE f

PART 11 B. APPLICABLE FOIA EXEMPTIONS

- Recorcs subrect to the request that s'e descHbed in the enclosed Appendices are being withheld in their entirety or in part under FOIA

Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

1 The withhad information is properly classited pursuant to Esecutive Orcker 12356 (EXEMPTION 1)

2. Tb4 withhead information relates solely to the intemal personnel rules and procedures of NRC. IEXEMPTION 2)

3 Tte withheed information a specifically exempted from public disclosure by statute indicated: (EXEMPTION 3)

Section 141-146 of the Atomic Energy Act which prohibrts tie declosure of Restricted Data 'or Formerty Restncted Data M2 U.S C. 2161-2105)

Secten 147 of the Atomic Energy Act which prohibits the declosure of Unclassified Sefoguards informaton (42 U.S.C. 2167).

4. Yte withheld information is e trade secret or commercial or finiincial informaton that a being withheld for the reason (s) indicated: (EXEMPTION di

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The infonnaten is considered to be confidential business (proprietary) information.

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The informaton is considered to be propnetary information pursuant to 10 CFR 2.790tdH1).

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The inforrnation was submitted and receive 0 in confidence from a foreign source pursuant to 10 CFR 2.790tdH21.

L Tte withheld informaton consets of interagency or intraagency records that are not available through discovery during litigation. Declosure of p edocuianal information

qw would tend to inhibit the open and frank enchange of ideas essentiel to the Omisberative process. Where records are withheld in their entirety, the taca are inextricably

A weertwmed with the nrtdecisonal informston. There also are no reasonabt esgregable factual portsens because the release of the 'vts would permit ars

e*ect enquiry anto the predecmonal process of the egency. (EXEMPilON 01

6. The withheld information is exempted from public disclosure because its deciosure would result in a clearly unwarranted invasion of personal privacy, iEXEMPTION 6)

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7 The withheed information conents of investiga%ry records compiled for law enforcement purposes and is being withheld for the reason (s) indecated. (EXEMPTION 7)

c.il Declosure would 6nterfere with an enforcement proceeding because it could reveal the scope. directen, and focus of enforcement efforts. and thus could

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possibiy allow them to take action to sheid potential wrongdoing or a volation of NRC requirements from investigators. (EXEMPTION 7(All

ij Declosure would constitute en unwarranted invason of personal privacy (EXEMPTION 71CH

s The ir formation consists of nee,es of edividuals and other information the declosure of which would reveal identities of confirental sources. (EXEMPTION 7(D))

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PART tl C-DENYING OFFICIALS

Pursuant to 10 CFR 9.9 and /or 915 of the U.S. Nuclear Reguhtory Commason regulatons, it has been determined theit the informaton withheid a exempt from procsacton or declosu o,

rnd that ns prodirton or disclosure a contrary to the public interest. The persons responsible for the denial are those otheials identified below as denying officies and the Director,

Onneen of Rules and Records, Office of Administrated, for any den 6als that may to appealed to the Executive Director for Operatens moot

DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE OFFICIAL

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PART 11 D- APPEAL RIGPfiS

The denial by each denying official identified in Part it.C may be appealed to the Appellate Official identtfied in that section. Any such anosal must be in

wrtting and must be made within 30 days of receipt of this response. Appeats must be addressed at appropriate 'o the Erecutive Director for Operations or to

the Secretary of the Commiseen, U.S. Nuclear Regulatory Commission, Washington, DC 20565, and shoult' clearly state on the envelope and in the letter

that it as an " Appeal from an initial FOIA Decision."

esac tonne ans (Part 25 U.S. NUCLEAR REGULATORY COMMISSION

  • asi FOIA RESPONSE CONTINUATION i

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APPENDIX C

RECORDS TOTALLY WITHHELD (UNDER EXEMPTION 5)

NUM8ER DATE DESCRIPTION

1. Handwritten NRC note dated 2/24/87 labeled " Chronology" (1 page).

2. Handwritten draft NRC memo (Grimes to Lieberman) entitled " Proposed

Enforcement Action - TU Electric. Comanche Peak Steam Electric

Station," undated (5pages).

3. Handwritten draft NRC letter (Keppler to Counsil) entitled " Notice

of Viciation

Report and Proposed

No. 50-445/8707; Impositionundated

50-446/8706," of Civil(4Penalty

pages . )(NRC Inspection

4. Handwritten draft NRC Notice of Violation, undated (7 pages).

5. Draft NRC Notice of Violation, undated (4 pages).

6. Draf t NRC memo (Grimes to Lieberman) entitled " Proposed Enforcement

Action - TU Electric Comanche Peak Steam Electric Station," undated,

withenclosures(12pages).

7. Facsimile transmittal (McKee to Warnick) dated 7/17 (5 pages).

8. Inspectors handwritten notes (9 pages).

9. Inspectors handwritten notes, undated, (10 pages).

10. NRC draft Notice of Violation, undated (6 pages).

11. NRC draft Notice of Violation, undated (3 pages).

12. NRC draft letter Grimes to Counsil with attached draft IR

50-445/8707, 50-446/8706 (16 pages).

13. NRC oraft letter Warnick to Counsil with attached Notice of Violation

and IR 50-445/8707, 50-446/8706, undated (32 pages).

14. NRC draft IR 50-445/8707, 50-446/8706 (partial), undated (18 pages).

15. NRC draft letter Grimes to Counsil with attached IR 50-445/8707,

50-446/8706, undated (30 pages).

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16. NRC draft IR 50-445/8707, 50-446/8706, undated (25 pages). I

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17. NRC draft letter Warnick to Counsil with attached IR 50-445/8707, i

50-446/8706, dated 4/29/87 (26 pages).

18. FRC draf_t letter Johnson to Counsil with attached IR 50-445/8707,

50-446/8706, dated 4/27/87 (26 pages).

19. Routing and Transmittal Slip from McKee to Axelrad, dated 7/2/87, * j

with attached undated memorendum from Grimes to Lieberman with '

draft Notice of Violation (13 pages).

20. Draf t memorandum to J. Lieberman, OE, from C. Grimes OSP, Subj:

Proposed Enforcement Action - TV Electric, Comanche Peak Steam l

Electric Station, undated (5 pages)

21. Draft letter to Texas Utilities Company (ATTN: William Counsil),

with draft Notice of Violation and Proposed Impor>ition of Civil

Penalty , undated (9 pages)

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Re: F0!A 87-429

APPENDIX A

RECORDS MAINTAINED AMONG POR FILES

NUMBER DATE DESCRIPTION

.

1. NRC letter from Grimes to Counsil transmitting IR

50-445/8707, 50-446/8706, dated 6/25/87, with

attached inspection report. (18 pages) ANO 8707010084

2. NRC letter from Johnson to Counsil transmitting

IR 50-445/8703, 50-446/8703, dated 5

attached inspection report. (16 pages)/28/87, with

ANO 8706010294

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Re: F01 A-87-429

APPENDIX B

RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE PEQUEST NUMBER

NMIER DATE

DESCRIPTION

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1. NCR-E85-2016465R.6(1page).

2. Brown Boveri letter from Keasier to Stevens, dated 9/5/86, with

dttaChed Results of the Comanche Peak SKY Switchgear Inspection

(3 pages).

3. Brown Boveri letter from Detwiler to Hileman, dated 1/14/87

(1 page).

4.

TUE memo from Baker to Stevens (NE-4755) on SDAR-CP-87-03/SN-0220

(7 pages).

5. Attendance list dated 7/6/87 for Enforcement Conference (1 page).

6. TUE handout entitled " Failure to Report in a Timely Manner A

Significant Deficiency in Construction of the 6.9 KV Switchgear,"

undated (14pages).

7. TUE handout . entitled "Nonconformance Control Program " undated

(16 pages).

8. CDR87-106EC(1page).

9. DCA 31437 Rev. 3 (10 pages).

10. NCRCf-87-8R-1(3pages).

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11. DCA7982Rev.4(4pages).

12. TUE memo entitled " Comanche Peak Steam Electric Station Testing

of 6.9 KV Switchgear," dated 2/16/87(2pages).

13. TUE instruction entitled "6.9 KV Switchgear Re-Installation,"

undated (3 pa9es).

14. Page 3 of TUE procedure STA-606 (1 page).

15. TUE instruction QAl-002, dated 2/27/87 (6 pages).

16. TUE procedure NEO 3.05, Rev. 1 (21 pages). '

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