ML20246D875

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Fifth Partial Response to FOIA Request for Records.App P Records Available in Pdr.App Q & Releasable Portions of App R Records Encl.Apps R,S & T Records Withheld in Part & in Entirety (Ref FOIA Exemptions 6 & 7 & 5,respectively)
ML20246D875
Person / Time
Site: San Onofre  Southern California Edison icon.png
Issue date: 07/10/1989
From: Philips J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Parrish D
BLADE-TRIBUNE, OCEANSIDE, CA
Shared Package
ML20245D534 List:
References
FOIA-88-490 NUDOCS 8907120011
Download: ML20246D875 (7)
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U.S. LEA 7 CE O~.Y COMMISSION 44 FOIA REQut$1 NUMtitRbtb)

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{ FOIA 4-TC RE$PONSI TYPE

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D'~at bQ aaaat 5 TH INFORMATION ACT (FOIA) REQUEST

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/D a g g i3fj pfwi o PART 1.- AGE 4CY RECORDS RELEASED OR NOT LOCATFD (See checAvd bonest No agency records subject to the request have been located.

No additional agency records subject to the request have been located.

Requested records are available through another pubhc distnbution program See Comments Section Agency records subject to the request that are identified on Appendiatest are already available for pubhc inspection and t.opying en the

, NRC Pubhc Document Room. 2021 L Street N W , Washington. DC 20555 _

Agency records subsect to the request that are sder'tified on Appendimiesi _ are bering made available for public inspection and copying in the NRC Pubhc Document Room. 2021 L Street, N W., Washington, DC. in a folder under thrs FOIA number and reauester nome.

The nonpropnetary version of the proposal (s) that you agreed to accept in a telephone conversation with a friember of my staff is now being made available for public inspechon and copying at the NRC Pubhc Document Floom 2021 L Street. N W., Washington, DC. in a folder under this FOIA number and requester name.

Agency records subject to the request that are identified on Appendialest may be inspected and copied at the NRC Local Puolic Document 81oom edent fied an the Comments Section.

Encnosed is information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room. 2021 i Street. N W.

Washington. DC.

Agency records subject to the request 6te enclosed Records subject to the request have been referred to another Federal agencybes) for review and direct response to you You will be billed by the NRC for fees totahng $

in view of NRC's response to this request no further action is being taken on appeal letter dated . No _

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in ene eauested records is being withheld from pubhc disclosure pursuant to the estemptions described in and for the reasons stated in Part il sections B. C. and D. Any cleased portions of the documents for which only part of the record is being withheld are being rnade available for put)hc inspection and copying in the NRC Pubbc Docement Room. 2021 L Street. N W , Washington, DC in a folder unde

  • this FOi A number and requestee name MM ' M N I N, / hf

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8907120011 890710 PDR FOIA PDR P ARR I SHBB-490 l SIGNA UNE, O C A. . Divi r N FRf EQOM OF i RMATION AND PUBLICATIONS SERVICES i

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' FREEDOM OF INFORMATION ACT RESPONSE rofA NUMBER (Sr FOIA - %T- 4 C)O DwWL 1 o Igge PART st.8- APPUCABLE EXEMPTIONS

. Rictrds subject to the request that are described on the enclosed Appendsales) Rb _are being withheld irt their entirety or in part under the Emirnptions and for the reasons set forth below pursuant to 5 U S.C. b52(b) and b dFR 9.17(a) of NRC Regulations.

1. The withheld enformat on to properly class 6fied pursuant to Executive Order (EXEMPTION 11
2. The withheld information relates solely to the enternal personnel rules and procedures of NRC, (EXEMPTION 2b 3, The withheld informaten es specifically esempted from public disclosure by statute indicated. (EXEMPTION 3)

Sections 141145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or f ormerly Restricted Data (42 U S C 216121656 Secten 147 of the Atomic Energy Act which pro 5 bits the disclosure of Unclassified Safeguards information (42 U $.C 2167L

4. The withheld information is a trade secret or commerClel or ImanCial mfotniation th81 ts being withheld for the reasonts) indicated. (EXEMPTION 4)

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

The informat on is considered to be propnetary information pursuant to 10 CFR 2.790(dil1L l The information was submitted and received m confidence pursuant to 10 CFR 2.790ld)(2).

1 g 5, The withheld information consists of mteragency or intraagency records that are not available through discovery during litigation IEXEMPTION 5) Appkcable Pnvilege.

Dehberative Process. Disclosure of predecisional information would tend to mhibit the open and trank eschange of ideas essential to the dehberative process. j l Whe6tr records are withheld m their enterety, the facts are inextricably intertwined with the predecisional mformation There also are no reasonably segregable factual -

portions because the release of the facts would permit an mdirect mouiry ento the predecisional process of the agency.

Attorney work product privilege IDocuments prepared by an attorney in contemplation' of htsgation i i

Attorney - chent pnvilege (Confidential commurucations between an attorney and his her chent )

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6. The withheld mformaten is esempted from public disclosure because its disclosure would result m a clearly unwarranted mvasion of personal pnvacy (EXEMPTION 61
7. The withheld mfosmation consists of records compiled for law enforcement purposes and is bemg withheld for the reason (s) mdicated. (EXEMPTION 7)

Disclosure could reasonably be espected to enterfere with an enforcement proceeding because it could reveal the scope direction. and focus of en-forcement etforts and thus couid possibly allow them to take action to shield potential wrongdomg or a violation of NRC requirements from invntigators l E Xt MPTION 7 (AH Disclosure would constitute an unwarranted invasion of personal pnvecy (EXEMPTION 7(Cil The information consists of names of mdividuals and other informaten the disclosure of which could reason 6bly be enoetted to reveal identities of confidential sources IE XEMPTION 7 (DH OTHER PART 11. C-DENYING OFFICIALS Pursusnt to 10 CFR 9 25fb) and/or 9 25 (c) of the U S. Nuclear Regulatory Commission regulations, it has been determined that the mformaten withheld is esempt from production or disclosure. and that its production or disclosure as contrary to the pubhc mte est The persons respons*le for the denial are those officials identified i talow as denymg officials and the Director. Division of Freedom of Information and Publications Services. Ottte of Adminstration and Resources Management, for an, l dirusts that may be appeplett to the Esecutive Director for Operations (EDOI DENYING OFFICIAL TJTLE/ OFFICE l_ RECORDS DENJED APPELLATE OFFICIAL e hr 0 2$ 1/_ LU_ bYkk 4kYtS 1 &5 s W*O d:- S l . - . b -. 4

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PART II. D- APPEAL RIGHTS The deruel by each denymg officialidentified in Part it.C rnay be appealed to the Appellate Officialidentified m that section. Any such appeal must be in writmg and must be made withm 30 days of receipt of this response Appeals must be addressed as appropnate to the E secutive Director for Operatens or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission. Washington, DC 20555, and should clearly state on the envelope and en the letter that it is an " Appeal from an initial FOI A Decision."

NRC FORM 464 (Part 21 U.S. NUCLEAR REGULATORY COMMISSION fnee>

l. FOIA RESPONSE CONTINUATION

Re: F01A-88-490 (5thPartial)

APPENDIX P RECORDS'AVAILABLE IN THE PDR

1. 07/29/83 Preliminary Notification of Safeguards Event-PNS-V-83/08, Drug Screening Program for Security Personnel, (1 page), PDR Accession No. 8308050370
2. 10/24/83 Preliminary Notification of Safeguards Event-PNS-V-83/11, Newspaper Article Adverse to Site, (1 page), PDR Accession No. 8310310284
3. 10/26/83 Preliminary Notification of Safeguards Event-PNS-V-83/11A, Newspaper Article Adverse to Site, (1 page), PDR Accession No. 8311010440'
4. 3/15/84 Preliminary Notification of Safeguards. Event-PNS-V-84/04, (l'page),PDRAccessionNo. 8403190376
5. 06/03/88 Preliminary Notification of Safeguards Event-PNS-V-88-03, Control Room Operator Tests Positive on .

Fitness Urinalysis forTest, Duty -(2 pages), Accession No.8806100279-

6. 06/15/88 Letter to Maurice P. Acosta, Jr. from Victor Stello.1 (7 pages) '

- PDR #8807070584

7. 08/19/88 - Letter to Kenneth P. Baskin, from Ross A. Scarano. (1 page) -

PDR #8809010293 I

Re: f01A-88-490 (5th Partial)

APPENDIX Q RECORDS RELEASED TO REQUESTER

' Note: Information deleted in certain records is outside scope of request

1. Undated ffD Milestones (1 page)
2. 12/05/83- Letter to Charles B. McCarthy, Jr., from Norderhaug to SCE, re NRC Security Inspection - San Onofre Nuclear Generating Station, (2 pages)

Attachment:

Pages 6 & 7. Note these pages discuss the news articles and licensee actions to reaffirm their policy against drugs and alcohol.

3. 08/15/84 Letter to Kenneth B. Baskin, from M. D. Schuster, re NRC Security Inspection - San Onofre Nuclear Generating Station Units 1, 2 and 3, (2 pages), w/ attachment: 2 pages in which portions contain non-SGI information concerning SONGS drug screening program.

4 03/14/85 Letter to Kenneth B. Baskin from James L. Montgomery, (2 pages),

w/ attachment: Portions of pages 3 & 4, which contain non-SGI-information concerning drug allegation at SONGS.

5. 08/12/87 Letter to Kenneth P. Baskin, from James L. Montgomery, (2 pages)

NRC Security Inspection - San Onofre Generating Station, Units 1, 2 and 3, w/ attachment: Pages 9 & 10 which contain description of SONGS Substance Abuse Program - Non-SGI Information

6. 10/08/87 Preliminary Notification re San Onofre 2 & 3
7. 01/22/88 Letter to Kenneth P. Baskin, from James L. Montgomery, (2 pages),

NRC Security Irgpection - San Onofre Generating Station,.

Units 1, 2 and 3, w/ attachment: Portions of three pages which contain non-SGI information concerning drug allegation.

8. 06/06/88 Letter to Kenneth F. Baskin, from James L. Montgomery, re NRC -

Security Inspection San Onofre Generating Station, Units 1, 2 and 3, (2 pages) w/ attachment: 2 Non-SGI pages. These pages discuss licensee investigation efforts regarding falsification of urinalysis test results

9. 06/16/88 Newsletter re Acosta (1 page)
10. 07/02/88 Letter from H. E. Morgan, SCE to NRC, DCS,

Subject:

Event Log (partial) (2 pages), w/ attachments: Pages 1, 12 & 13 - NOTE:

Log summarizes the events concerning use of drugs at San Onofre

l l Re: F01A-88-490 (5th Partial)

APPENDIX R PORTIONS OF RECORDS DELETED EXEMPTIONS

1. 08/20/86 Memo from L. R. Norderhaug to James L. Montgomery, re Telephone Contact regarding Drug Abuse at San l Onofre Nuclear Generatirig Station (SONGS), (2 pages) 7C
2. 10/23/86 !4emo for Allegation File from P. H. Johnson,  ;

re Allegation Regarding Drug Use at San Onofre (1 page) 7C

3. 10/09/87 Letter to J. B. Martin from Harold B. Ray, re Docket Nos. 50-361 and 50-362, 10 CFR 55.25 Notification, (1 page).

Enclosure:

Withheld -

(2 pages) 6&7C

4. 12/18/87 Memo for File (San Onofre) from D. Schaefer, re Alleged Forging cf " Positive" Urinalysis Test Results, (2 pages) 6&7C
5. 12/21/87 Memo for File (San Onofre) from LeRoy R. Norderhaug, re Alleged Forging of " Positive" Urinalysis Test Results -- Update, (2 pages) 6&7C i

a

Re: /01A-88-490 (5thPartial)

APPENDIX S RECORDS DENIED IR ENTIRETY EXEMPTION

1. 05/10/88 Memo to Ross Scarano from W. C. Moody, re Allegations Concerning Substance Abuse, (1 page), w/ attachments (5 pages) 6&7C
2. 06/08/88 Conversation Record, re Identity of R0 Drug Users, (1 page) 6&7C
3. 06/14/88 List of Operators at San Onofre, (1 page) 6&7C 4 06/15/88 Letter to D. W. Schaefer from Charles B. McCarthy, Jr., re Case History of Licensed Operator, (2 pages), w/ attachments (14 pages) 6

Re: F01A-88-490 (5th Partial)

APPENDIX T RECORDS DENIED IN ENilRETY--EXEMPTION 5

1. 08/18/88 Fitness-for-Duty Rulemaking Responsibilities, (1 page)
2. 08/17/88 Response Sheet to Samuel J. Chilk from Chairman Zech, re SECY-88-232, re Proposed Rulemaking - Fitness-for-Duty Programs, (3 pages)
3. 08/26/88 Response Sheet to S. Chilk from Chairman Zech, re SECY-88-232, re Proposed Rulemaking - Fitness-for-Duty Programs (3 pages)
4. 08/24/88 Response Sheet to S. Chilk from Commissioner Carr, re SECY-88-232, re Proposed Rulemaking - Fitness-for-Duty Programs (3 pages)
5. 08/16/88 Response Sheet to S. Chilk from Commissioner Rogers, re SECY-88-232 re Proposed Rulemaking - Fitness-for-Duty Programs (3 pages)

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