ML20245G896

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Final Response to FOIA Request for Records.App a Records Available in Pdr.App B & Portions of App C Records Encl.App C Documents Withheld (Ref FOIA Exemption 5)
ML20245G896
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 06/28/1989
From: Philips J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Belair R
KIRKPATRICK & LOCKHART
Shared Package
ML20245G898 List:
References
FOIA-89-166 SECY-88-150, NUDOCS 8906290308
Download: ML20245G896 (6)
v • d • e


Text

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U.S. NUCLEAR REGULATORY COMMISSION uc r osa atovu t Nuuso$ss FOIA 166 I[Weo?.

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RESPONSE TO FREEDOM OF

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INFORMATION ACT (FOIA) REQUEST oocm uvuoiensi,u.md.Y m m

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Robert R. Belair PART 4.- AGENCY RECORDS RELEASED OR NOT LOCATED ISee checAed boaes; No agency records subject to the request have been located.

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No additional agency records subsect to the request have been located-l bquested records are available through another pubhc distribution program. See Comments Section.

Agency records subsect to the request that are adsnufied on Appendintes( _.A cre already available for pubhc inspection and copying in the y

NRC Public Document Room 2120 L Street, N W., Washington. DC 20555 Agency records subject to the request that are identsfied on Appendentes).qi are being made available for pubhc inspection and copying m the NRC Pubhc Document Roorn, 2120 L Street, N W., Washington, DC, m a folder under this FOIA iumber and requester name.

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The nonproprietary verseon of the proposal (s) that you agreed to accept in a lelephone conversation with a rnember of my staff is now bemg made available for pubhc f

I 6nspecteon and copying at the NRC Pubhc Document Room 2120 L Street, N W., Washington. DC, in a folder undei this FOlA number and requester name.

Agency records subject to the requefit that are sdentified on Appendialest may be inspected and copied at the NRC Local Pubhc Document Room edentified l

in the Comments Sectson.

Enclosed is information on how you rnay ubtain access to and the charges for copying records placed in the NRC Pubhc Document Room. 2120 L Street N W.,

Washyton, DC.

Agency records oub ect to the request are enclosed.

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Rscords subject to the request have been referred to anoiner Federal agencybes) for review and direct resporise to you.

  • " ** ** 6*** *"'"* ""C ' ' fees i tahng s204 21 (7 houm. 50 minute:; professional search 024.88 per hr.,

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15+1 nu te s-S ES-sea rch447-per-mi nu ter) l in view of NRC's response to this request, no further action es being teken on appeal letter dated

. No.

PART IL A-INFoRMATION WITHHELD FROM PUBLIC DISCLOSURE Certam information m the reavested ecords is being withheld from pubhc disclosure pursuant to the enemphons desCnbed m and for the reasons stated an Part 11 l

X sections B. C, and D. Any released portions of the documents for which only part of the record is being withheld are being made akadable for pubhc inspect on and

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copying in the NRC Pubhc Document Room, 2120 L Street, N W., Washington, DC. m a f older under this F OIA number and requester name j

l COMMENTS j

1 In view of the broad scope of Item 2 of your request, we have identified at Apnendix A l

Items 12 through 34s NUREG documents which address generic decommissioning issues which may be of interest to you and are already available in the PDR. Additionally, we are aware that Oak Ridge National Laboratory publishes a bibliogranby entitled, "!!uclear Facility Decommissioning and Site Remedial Actions -- A Selected Biblionraphys" (OR'lL/EIS-154).

The most recent volume is number 9, and is available through the flational Technical Informa-tion Service, U. S. Department of Commerce, 5285 Port Royal ' load, Springfield, Virginia, 22161.

Please submit another request if you wish any additional records following your inspection of these records.

Ito records were identified that are subject to Item 3 of your request.

i SIGNAT i i CTO I ON OF FRLfpCM OF INFORMATION AND PUBLICATIONS SERVICES sse -

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l 8906290308 890628 h

PDR FOIA l

BEL AI R B9-166 PDR g

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- FREEDOM OF INFORMATION ACT RESPONSE.

rOlA NUMBER (St FOIA 166 DATOllg g g ]gog' j

PART 48.B-APPLICABLE EXEMPTIONS

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i Records subject to the request that are described on the enclosed Append xles) _ C.

are being withheld in their entirety or in part' under the l#

Esemptions and for the reasons set forth below pursuant to 5 U S.C. 552(b) and 10 CFR 9.17tal of NRC Regulations.

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1. The wit.sheid information is property classified pursuani to Emecutive Order ftXEMPTION 1l I
3. The withheld information relates solely to the internal personnel rules and procedu es of NRC. (EXEMPTION 2) r
3. The withheld information is specifically exempted
  • rom public $sclosure by statuta indicated; (EXtMPTION 36 l

Sections 141 145 of the Atomec Energy Act which prohibits the disclosure of Restncted Data or Formerly Restncted Data 142 U S C 216121658 l

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Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information 142 U $ C, 2167).

4. The withheld information is a trade secret or cornmercial or financialinformation that Ic being withheld for the reason (s) indicated. (EXEMPTION 4)

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

The information is considered to be propneta. t information pursuant to 10 CFR 2,790(dHti.

The information was subrmtW and received in confidence pursuant to 10 CFR 2 790(d)(21

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5. The withheld information consists of interagency or intraagency records that are not available through descovery dunng htigation. (EXEMPTION 5!. Apphcable Pnvilege:

Dehberative Process, Disclosure of predecisional nformation would tend to inhibit the open and frank enchange of ideas essentist to the dehberative process.

I Where records are withheld in their entirety. the f acts are inextricably intertwined with the predecasionalinformation. There also are no reasonably segreDable factuat X

portions because the reiease of the f acts *ouid permit an indireci innuirv into ihe predcc'sional process of the agencv.

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Attoiney wortproduct privileDe (Documents piepared by an at*orni.y in comemplation of istigation )

Attorney--chent privilege (Confidential communications t etween an attorney and his her chent i

6. The withheld information es exempted from pubhc disclosure becautie its disclosurc would result in a clearly unwarranted invasion of personal pHvacy. (EXEMPTION 6)

I 1 7 The withheld information consats of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7)

Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could reveal the scope. direction. and focus of en-torcement etf orts. and ttius could possibly ailow them to talie action to shield potential wrongdoing or a violation of NRC requirements f rom investigators EXEMPitON 71All Disclosure would constitute an unwarranted invasson of personal privacy (EXEMPTION 71C))

The information consists of names of individuals and other information the disclosure of which could reasonably be espected to reveal sdentities of confidential sources IE xEMPTION 7 IDH j

OTHER u

PART 11. C-DENYING OFFICIALS l

Pursuant to 10 CFR 9 25fbt and'or 9 25 (ci of the U S Nuclear Regulatory Commission regulations. it has been determined that the information withheld +s enempt i j from production or disclosure. and that its production or disclosure is contsary to the put lic interest. The persons responsible #or the denial see those otheials identif.ed below as denying otticials and the Director. Division of f reiedom of information and Pubiscations Services, Othce of Admenestration and Resources Management for any denials that may be appepted to the Emecutive Director for Operations (EDOl.

DENYlNG OF FICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL S' C"M ^""

Assistant Secretary of the John C. Hoyle coggon Apo. C/l - C]l0 XX Deputy General Counsel for

_sloieph_Sclato Hearing Land Enforcement app. CLil XX ii, I

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' I PART 11. D-APPEAL RIGHTS

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The denial by each denying official identified 6n Part 11 C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writin0 and must e

be made within 30 days of receipt of this response Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission. Washington, DC 20555. and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOtA Decisich."

"' F8'f I U.S. NUCLEAR REGULATORY COMMISSION as

Appendix A.

Documents Already Available in the PDR 1.

10/3/87

' Letter from J. Leonard.to NRC. Accession No. 8710080174 2.

11/28/87 Letter from J.' Leonard to NRC. Accession No. 8711300136 3.

2/16/88 Letter from L. Britt to R. Diggs. Accession No. 8802230055.

4, 6/2/88 Note f rom L. Rubenstein to D. Crutchfield.

Accession No. 8808240209 5.

5/12/88 FRN - Shoreham Nuclear Power. Station - Environmental Assessment finding of No Significant 19ct. Acc. No. 8805180274A 6.

5/12/88 Letter from W. Butler to J. Leonard. Acc. No. ~8805230082.

7.

5/31/88 Letter from C. Peterson to V. Stello. Acc. No. 8806080096 8.

6/1/88 Letter from V. Stello to W. Catacosinos. Acc..No. 8806080091 9.

9/27/88 Letter from S. Brown to J. Leonard. Acc. No. 8810030065

10. 10/3/88 FRN - Shoreham Nuclear. Power Station; Environmental Assessment Finding and No Significant Impact. Acc. No. 8810030067
11. 10/7/88 FRN - Shoreham Nu: lear Power Station - Grant of Exemption.

Acc. No. 8806080273

12. 10/7/88 Letter from S. Brown to J. Leonard. Acc..No. 8810130077.
13. NUREG/CR-0672: Technology, Safety and Costs of Decommissioning a Reference Boiling Water Reactor Power Station.
14. NUREG/CP-0008: State Workshops for Review of the NRC's' Decommissioning Policy.
15. NUREG/CP-0003: Conference Proceedings for State Workshops For Review of the NRC's Decommissioning Policy.

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16. NUREG/CP-0068:

International Nuclear Reactor Decommissioning Planning Conference.

17. NUREG-0586: Final Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities.
18. NUREG/CR-2370: Design, Costs and Acceptability of an Electric Utility Self-Insurance Pool for Assuring the Adequacy of Funds for Nuclear Power Plant Decommissioning Expense.

-19.

NUREG/CR-3899: Utility Financial' Stability and the Availability of Funds for Decommissioning.

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20. EUREG/CR-1755, Addendum 1: Technology Safety and Costs of Decommissioning i

fiuclear Reactors at M6'tiple-Reactor Stations.

21. NUREG/CR-2522: Evaluation of Nuclear Facility Deconnissioning Projects.
22. NUREG/c.1-0672, Addendum 2: Technology Safety and Costs of Decommissioning a Reference Boiling Water Reactor Power Station.

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23. NUREG/CR-0134: Potential Radiation Dose to Man From Recycle of Metals Reclaimed from a Decommissioned Nuclear Power Plant.
24. NUREG/CR-4289: Residual Radionuclides Contamination Within and Around

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Commercial Nuclear Power Plants.

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25. NUREG/CR-3550: Evaluation of Nuclear Facility Decommissioning Projects.

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26. NUREG/CR-4090: Evaluation of Nuclear Facility Deconnissioning Projects.

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27. NUREG/CR-2241: Technology and Cost of Termination Surveys Associated l

With Decommissioning of Nuclear Facilities.

28. NUREG/CR-1755: Technology Safety and Costs of Deconnissioning Nuclear Rea ctors at Multiple-Reactor Stations.
29. NUREG/CR-2082: Monitoring for Compliance With Decommissioning Termination Survey Criteria.
30. NUREG/CR-0569: Facilitation of Decommissioning Light Water Reactors.

31.

NI' REG /CR-3474: Long-Lived Activation Products in Reactor Materials.

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32. NUREG-1307: Report on Waste Burial Charges.

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33. NUREG/CR-4555: Generic Cost Estimates for the Disposal of Radioactive Wastes.
34. NUREG/CR-3587:

Identification and Evaluation of Facilitation Techniques for Decommissioning Light Water Power Reactors.

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i, Re: F01A-89-166 i

Appendix B

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Document Being Placed in the PDR l

1.

5/26/88 Lette-from Richard Smith to Carl Feldman.

(2 pages) 2.

6/8/88 Memoranduh: for the Record from Samuel J. Chilk.

(1 page) l i

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Re:

F01A-89-166 Appendix C Documents Being Withheld in Whole or in Part Pursuant to Exemption 5 I

1.

4/18/89 Points for April 20, 1989--Shoreham. (2 pages). Withheld in entirety.

2.

Undated Points for April 20, 1989--Shoreham. (2 pages). Withheld in entirety.

3.

4/17/89

" Questions the news media will likely ask af ter the Shoreham i

Meeting." (1 page).

Withheld in entirety.

I 4.

Undated

" Questions for use following Shoreham affirmation." (2 pages).

Withheld in entirety.

5.

2/4/88 Tom Elsasser's thoughts on decommissioning.

(1 page). Withheld in entirety.

6.

5/27/88 SECY-88-150, "Shoreham Plant Shutdown and Possible Decommission-ing," (3 pages). Cover memo released in part, and enclosure, draft letter, withheld in entirety.

7.

5/27/88 Chairman Zech's vote sheet for SECY-88-150.

(1 page). Withheld i

in entirety.

8.

5/31/88 Commissioner Roberts' vote sheet for SECY-88-150.

(1 page).

Withheld in entirety.

9.

5/31/88 Commissioner Carr's vote sheet for SECY-88-150.

(2 pages).

Withheld in entirety.

I 10.

5/31/88 Commissioner Rogers' vote sheet for SECY-88-150.

(2 pages).

Withheld in entirety.

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11. Updated Updated handwritten notes of Edwin Reis to Mitzi Young on Legal l

Questions Concerning Decommissioning.

(3 pages). Withheld in entirety.

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