ML20212M500

Responds to 870130 Note Forwarding H Shetterly Re Availability of NRC Matls in PDR & Lpdr.Replacement Copy of Insp Rept 50-293/82-20 Will Be Placed in Plant Lpdr

ML20212M500
Person / Time
Site:	Pilgrim
Issue date:	03/04/1987
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Studds G HOUSE OF REP.
Shared Package
ML20212M502	List: ML20212M500 ML20212M532 ML20212M563
References
NUDOCS 8703120044
Download: ML20212M500 (3)

See also: IR 05000293/1982020

Text

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UNITED STATES

U8 '<> NUCLEAR REGULATORY COMMISSION

WASHINGTON, D. C. 20656 .

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The Hor.nrable Gerry E. Studds

'

United States House of Representatives

Washington, D.C. 20515

'

Dear Congressman Studds:

,

Your note of January 30, 1987 to Mr.- Kammerer regarding a concern of one of . .

your constituents was forwarded to me for response. The concern, provided in .

letter dated January 17, 1987 from Mr. Howard Shetterly, dealt with the avail-

ability of NRC materials in the NRC Public Document Room (PDR) and Local

Public Document Room (LPDR) for the Pilgrim Nuclear Power Plant. _

Apparently, Mr. Shetterly experienced difficulty in obtaining an NRC document

dated August 13, 1982 from the Plymouth Public Library, the Local PDR for

Pilgrim.- This document fomarded NRC Region I Inspection Report 50-293/82-20

to the utility, to the PDR and LPDF and to the Commonwealth of Massachusetts.

Our records indicate the requi, red distribution of the letter and report was

-.made'on August 30, 1982. We regret a copy of the report was missing from the

LPDR collection when Mr. Shetterly searched for it. Arrangements have been

. made to have a replacement copy placed in the Pilgrim LPDR.  ;

Regarding the concern raised in Mr. Shetterly's letter over NRC withholding of

documents, I would like to clarify our practices for you. ~ Per 10 CFR 2.790,

the NRC is. required to make final agency records and documents available to

~the public except under certain-specific circumstances. In the case of a power

reactor, we generally release to the public all materials related to the inspec-

tion and licensing of the facility. However, we are required to consider with-

holding records or documents that pertain to trade secrets, commercial or

L financial information or information which would constitute an unwarranted

i. invasion of a person's privacy'. As was~the agency practice in 1982 Inspection

Report 50-293/82-20 was forwarded to the utility for it to determine if the

report contained information which qualified it to be withheld under 10 CFR 2.790.

The utility was afforded 10 days to perform its review and to make a formal

notification to us if it was requesting that all or part of the report be-

withheld. Our records indicate that no utility notification occurred'and the

report was subsequently released on August 30, 1982.

It should be noted that, had the utility requested the withholding of the

report, .in part or in whole, this request would have to be accompanied by an

affidavi_t attesting to the rationale upon which withholding was sought. The

report and the affidavit would then receive a formal agency review to deter-

mine if the utility satisfied the requirements for withholding under 10 CFR

, 2.790 and if there were compelling reasons to release the report in spite of it

containing withholdable information. Further, subsequent to 1982, our agency

practice was changed in this regard, removing the 10 day suspense period from

our document issuance practices.

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The Honorable Gerry E. Studds 2

We regret any inconvenience encountered by your constituent in this matter.

We have taken the liberty to provide the specific inspection report directly

to Mr. Shetterly, as shown in the enclosed letter.

If we can be of further assistance, please let rne know.

l

Sincerely,

J& - W

Victor Stello, Jr.

p

Executive Director for Operations

Enclosure: As Stated

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.The Honorable Gerry E. Studds 3

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