ML20247Q697

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Responds to 890308 Appeal of Denial of FOIA Request for Records Re Facility.Records 3,4 & 5 Released.Records 1,2,6, 7,8 & 9 Continue to Be Withheld (Ref FOIA Exemption 5)
ML20247Q697
Person / Time
Site: Pilgrim
Issue date: 06/01/1989
From: Thompson H
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Carreybeaver
MASSACHUSETTS, COMMONWEALTH OF
Shared Package
ML20247Q704 List:
References
FOIA-88-284, FOIA-88-285, FOIA-88-286, FOIA-88-287, FOIA-88-519, FOIA-89-A-10, FOIA-89-A-11, FOIA-89-A-12, FOIA-89-A-13, FOIA-89-A-9 NUDOCS 8906070016
Download: ML20247Q697 (3)
v • d • e


Text

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h j kg UNITED STATES -

NUCLEAR REGULATORY COMMISSION'

i; y? WASHING TON, D. C. 20S55

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' Douglas G. Carrey-Beaver, Esquire: _IN RESPONSE REFER

- Assistant Attorney General TO F01A-89-A-9, F01A-89-A-10, Utilities Division, 19th Floor: F01A-89-A-11, F01A-89-A-12,.

Public Advocacy' Bureau -& F0IA-89-A-13 (F0IA-88-284,

_ Commonwealth of Massachusetts .F01A-88-285, F01A-88-286,  !

John W. McCormack State Office Building .

F0IA-88-287, AND F01A-88-519)-

'One Ashburton Place-Boston, MA - 02108-1698

,7

Dear Mr. Carrey-Beaver:

This is in response to your letter dated March 8,1989, in which you appealed Mr.. Donnie H. Grimsley's responses dated February 22 and 23,'1989.

Mr.' Grimsley's responses denied portions of three records and six records in o their entirety subject to 'your Freedom of Information Act (FOIA) requests for records relating to the Pilgrim nuclear power plant.

In response to your appeal,. the denied records were re-reviewed. Upon re-review, I have decided to make a discretionary release of- records listed at  ;

numbers three, four, and five on the enclosed appendix, even though- they' are

-legally withholdable under Exemption (5) of--the F0IA, with the exception of' l one paragraph in document three which is factual in nature and which can be-segregated from the deliberative material. However, records one, two, six, seven, eight and nine will continue to be withheld'from public disclosure ,!

l pursuant to Exemption (5) of the F0IA (5 U.S.C. 552(b)(5)) and 10 CFR 9.17(a)(5)_

of the Commission's regulations. Your appeal is, therefore, denied in part and granted'.in part.

Records one, two.and six listed on the enclosed appendix contain the advice, i opinions, and recommendations of the staff concerning oversight activities at Pilgrim prior to the NRC's decision to allow restart of the plant. Records l seven, eight, and nine listed.on the enclosed appendix are predecisional draf t I documents which framed issues for discussion among senior staff.mt.nagers at .i meetings concerning the status of the licensee's operational performance prior i to the flRC's restart decision. .]

The withheld information is predecisional as it was prepared in connection with the NRC staff's evaluation of the licensee's performance prior to the NRC's decision to authorize restart of.the Pilgrim plant. The information is also deliberative as it reflects the give-and-take exchange of opinions and ideas between HRC staff subordinates and their superiors.

The purpose of the deliberative process privilege is to " prevent injury to the quality of agency decisions." NLRB v. Sears, Roebuck & Company, 421 U.S.132, 151 (1975). Disclosure of these predecisional documents would be likely to 8906070016 890601 PDR FOIA CARREYB9-A-9 PDR u r __ __ __ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ . _ _ _ _ _ _ _ _ . _ _ . __ _ _ _ . _ _ _ _

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Mr. Douglas G. Carrey-Beaver " stifle honest and frank communication within the agency." Coastal States Gas Corp. v. Department of Energy, 617 F.2d 854, 866 (D.C. Cir.1980).

- Any unreleased factual information in the denied documents is so inextricably connected to the deliberative material that it is impossible to reasonably segregate meaningful portions of that factual information from the deliberative information. Local 3, International Brotherhood of Electrical Workers v. NLRB, 845 F.2d 1177, 1180 (2d Cir. 1988).

This is a final agency decision. As set forth in the F0IA (5 U.S.C.

552(a)(4)(B)), judicial review of this decision is available in a district-court of the United States in the district in which you reside or have your principal place of business or in the District of Columbia.

Sincerely, l

k$

H gh L. Thompson, J . ,

Dp y Executive D' ect f Operations r fluclear Material ty ,

Safeguards, and Operations Support

Enclosure:

1) Appendix
2) Released Documents

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RE: F01A-89-A-9, 89-A-10, 89-A-11, 89-A-12, & 89-A-13, l __(F01A-88-284,88-285,88-286,88-287, & 88-519)'

APPENDIX

1. Undated PilgrimRestartIssues(11.pages)(C/1)
2. . Undated Pilgrim Update - Miscellaneous Items'- Handwritten notes(2-pages)(D/1).
3. 10/3/88 Memo from A. R. Blough.to.S. J. Collins, re: Enforcement-Discretion for- Pilgrim Fire Barrier Deficiencies-(3. pages) (H/1)

(released in entirety)

-4.. Undated. Attachment E to Memo from A. R. Blough to S. J. Collins, re: >

Pilgrim' Integrated Assessment Inspection (IATI) Operating' Plan (3_pages)-(H/2) (released in entirety)- ,

5. - Undated -Murley/ Russell Kennedy Fearing Notes (56 pages) (1/1) (released in entirety).
6. 8/26/88 Record of telephone conversation between R. Blough and D.

Lange re: Status of ACRS Meeting and WTR/BEC0 meetings-

-concerning Pilgrim restart (1 page) (1/2)

7. Undated Draf t Predecisional,-0perational Performance Problems at-Pilgrim, Talking Paper for ED0 Senior Management Meeting, April 23 and 24, 1986.(7 pages)_(1/3)
8. Undated Draft.Predecisional, Changes at Pilgrim Since April 1986, Talking Paper for ED0 Senior Management Meeting, October 21 and 22,;1986 (4 pages) (1/4)
9. 2/5/87 Draft Predecisional Changes at Pilgrim Since' April 1986, Talking Paper for EDO Senior Management Meeting, February 11 and 12,1987(4 pages)(I/5) 9

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