ML20133G294

Final Response to FOIA Request for Documents.Records in App a Being Made Available in Pdr.App B Records Being Withheld in Part & App C Records Being Withheld in Entirety (Ref Exemptions 3 & 5)

ML20133G294
Person / Time
Issue date:	01/13/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Ingram K AFFILIATION NOT ASSIGNED
Shared Package
ML20133G296	List: IA-96-499, Final Response to FOIA Request for Documents.Records in App a Being Made Available in Pdr.App B Records Being Withheld in Part & App C Records Being Withheld in Entirety (Ref Exemptions 3 & 5) ML20133G294
References
FOIA-96-499 NUDOCS 9701150289
Download: ML20133G294 (5)

Text

i UA. fsuGLtAti HtMULAlOHY COMMISSION NHC FOIA REQUEST NUMBER (S)

FOIA - 96-499 RESPONSE TYPE

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} kp0 RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST x l FINAL DATE l l PARTIAL 3g DOCKET NUMBER (S)I/f apphcablef REQUESTE R Mr. Kenneth J. Inaram PART f.-AGENCY RECORDS RELEASED OR NOT LOCATED (Seecheckedboxes)

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 public distribution program. See Comments section.

Agency records subject to the request that are identified in Appendix (es) a:e already available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix (es) A are being made available for public inspection and copying i X ct the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this F OIA number.  !

l Thc3 nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available  !

for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOl A number. )

1 Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the N RC Local Public Document l Rcom identified in the Comments section. l Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, l N.W., Washington. DC.

y Agency records subject to the request are enclosed.

Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

i X Fees l

y You will be billed by the NRC for fees totaling $ bb bb You will receive a refund from the NRC in the amount of $

In view of N RC's response to this request, no further action is being taken on appeal letter dated , No.

PART li. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE I 0:rtrin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part 11, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public )

X inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number. l COMMENTS The records identified on enclosed Appendices A, B, and C, are responsive to your request. Copies of the Appendix A record and '

the releasable portions of the Appendix B records are enclosed.

The Appendix C record is being withheld in its entirety.

The fees for the processing of your request are:

Clerical Search - 10 mins. 0 $0.26 per min. = $ 2.60 Clerical Review -

2 hrs. 0 $15.79 per hr. = 31.58 Professional Review 1/2 hrs. 0 33.30 per hr.= 50.10 (  ;

Duplication - 12 pgs. 0 $0.20 per pg. = 2.40 )

i Total $86.68

,, /o rx TUR DIRECTOR, V ION OF h(

EEDOM ' /NFORMATION ANO PUBLICATIONS SERVICES

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M 9701150289 970113 i ' * "r 2 PDR FOIA '

( INGRAM 96-499 PDR s' Y '

NZC FIRM 464 (Part 1) (191)

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FOIA eduMSERis) DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 499 13 27 (CONTINUATION) -

PART 11.8- APPLICABLE EXEMPTIONS ,

i Records subject to the request that are described in the enclosed Appendix (es) obc are being withheld in their entirety or in part under the Exernption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations. ,

1. The withheld information is properly class,fied pursuant to Executive Order. (Exemption 1)

2. The wrthheld mformation relates solely to the internal personnel rules and procedures of NRC. (Exemption 2)

X 3. The withheld mformation is specifically exempted from public disclosure by statute indicated. (Exemption 3)

• Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Date or Formerly Restricted Data (42 U.S.C. 21612165).

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i Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).

4. The withheld mformation is a trade secret or commercial or financial informateon that is bemg withheld for the reason (s) indicated. (Exemption 4)

The mformation is considered to be confidential busmess foroprietaryl mformation.

I 5. The withheld mformatio The mformation is considered to be propnetary mformation pursuant to 10 CFR 2.790(dH11 The mformation was submstted and rece#ved in confidence pursuant to 10 CFR 2 790(dH21.

(Exemption 5). Apphcable Privilege: j Deliberative Process. Disclosure of predecisional mformation wound tend to mhsbit the open and frank enchange of irNas essent6al to the dehberative process.

y Where records are withheld m their entirety, the f acts are anestricably intertwined with the predecisional mformation. There also are no reasonably sepegable f actual  ;

portions because the release of the f acts would permit an mdirect mouiry mto the predecisional process of the agency Attorney work product privilege IDocuments prepared by an attorney in contemplation of litigation ! ]

Attorney-client privilege. (Confidential communications between an attomey and his/her clierit.) l

6. The withheid information is exempted from public d!sclosure because its disclosure would result in a clearly unwarranted mvasion of personal pr vacy (Exemption 6)

7. The withheld mformation consists of records Competed for law enforcement purposes and is being withheld for the reason (s) mdicated. (Exemption 7)

Disclosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of enforcement efforts. and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requmaments i from investigators. (Exemption 7 (A))

Discicsvre would constitute an unwarranted mvasson of personal privacy. (Exemption /(C))

The mformation consists of names of mdividuais and other information the desciosuee of which could reasonably be enoected to reveal identities of e confidenttal sources. (Exemption 7 (D))

• 41 U.S.C.s Section 253bs subsection (m)(1) A proposal in the X lomeH possession & control of an executive aaency may not be made availablo tn any l person under Sec. 552 of PART 11. C-DENYING OFFICIALS title 5. U.S.C. (tho FOTAT.

Pursuant to 10 CF R 9 2516) and or 9 25tc) of the U S. Nuclear Regulatc*ry Comm,ssion regulations, it has been determined that the information withheld is exempt from pro.

duction or disclosure, and that its production or d sclosure a contrary to the pubhc mterest. The persons respons.ble for the denial are those officials identified below as denying officials and the Director. Divis,on of Freedom of information and Publ.cattons Services. Off.ce of Admmistration, for any denials that may be appealed to the Executive Director .

for Operations IE001. l l DENYING OFFICIAL TI TL E /OF FICE RECORDS DENIED APPELLATE OFFICIAL EDo SECRETARY IG IEdwardL. Halman Director. DCPM App. B&C X l

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( PART 11. D- APPEAL RIGHTS The danial by each denying official identified in Part ll.C may be appealed to the Appellate Official identif.ed there. Any such appeal must be made m writmg within 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the Executrve Director for Operations. to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Rsgulatory Commission, Washington, DC 20555. and should clearly state on the envelope and m the letter that it is an " Appeal from an initial FOI A Decision."

NRC FORM 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION

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i APPENDIX A

RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)

& DATE DESCRIPTION /(PAGE COUNT)

1. 10/7/96 Certifed Mail #434 516 581 to Qualex International from the US Small Business

! Administration, re: Size Determination (4 Pages) 4 4

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9 Re POIA-96-499 APPENDIX B '

RECORDS BEING WITHHELD IN PART M9.a. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS ,

1. Undated Summary of Negotiation / Determination of Price or Cost Reasonableness (14 pages) (Ex. 5)

2. Undated Addendum to Summary of i Negotiation / Determination of Price or Cost l Reasonableness (3 pages) (Ex. 5) l 1

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e I Re: FOIA-96-499 APPENDIX C j

DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTIOM/EXEMPTIOM/PAGES

1. ---- Techn1 cal Proposal of Qualex in Response to RFP No. RS-SEC-96-136, EX. 3.

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I criteria. These changes-also provide consistency with the -

corresponding " minimum" design criteria, for an MRS, in Part 72.

Section 60.131. General desion criteria for the oeolocic reconitory ooerations area.

Consistent with the modifications to 560.130, as described above, the Commission is deleting the reference to " Structures, systems, and components important to safety," in the title of i S60.131(b), and re-numbering the current criteria in .

S S 60.131 (b) (1) through 60,131(b) (10) , as appropriate. This change eliminates the confusion in the existing rule related to the identification of only the criteria in S60.131(b) as l l

"important to safety." It also resolves the present incongruity with S60.131(b) (7) , " criticality control," regarding the reference to waste " isolation" (a postclosure term) in the requirement.

The current rule employs the term " normal and accident conditions," or similar expression, in several places. However, the conditions that must be addressed under this language are not well-defined. The Commission is remedying this situation by replacing current terminology with references to " design basis events," thereby ensuring that the design appropriately takes into account the consequences of all design basis events (i.e., as discussed in this document, Category 1 and 2 design 1

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Section 60.43. License soecification. .

The term " controlled area" is changed to "postclosure controlled area."

Section 60.46. Particular activities recuirino license amendment.

The term " controlled area" is changed to "postclosure controlled area."

Section 60.51. License amendment for oermanent closure.

The term " controlled area" is changed to "postclosure controlled area."

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Section 60.102. Conceots.

The term " controlled area" is changed to "postclosure controlled area."

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Section 60.111. Performance of the oeolooic repository l

o_erations c area throuch cermanent closure.

The Commission is deleting the phrase "at all times" from 34 I l

the performance objective of S60.111(a). This change clarifies that this requirement does not apply to radiation exposures, levels, and releases from Category 2 design basis events.

Section 60.121. Recuirements for ownershio and control of interests in land.

The term " controlled area" is changed to "postclosure controlled area."

Section 60.122. Sitina criteria.

The term " controlled area" is changed to "postclosure controlled area." l l

Section 60.130. Scoce of desian criteria for the ceoloaic repository operations area.

The Commission is modifying the title of this section to the term " General Considerations" and is adding clarifying language, to the existing discussion, to indicate that SS60.131 through 60.134 specify the minimum criteria for the design of those structures, systems, and components important to safety, or important to waste isolation. These changes are necessary to provide consistency with the modified definition of "important to safety" (560.2), as well as to clarify the purpose of these 35

is that the applicant would address the Category 2 design basis events, singly, and demonstrate, by its analysis, that the doses to any individual located on or beyond any point on the prec2.osure controlled area boundary would be in accordance with the applicable requirements. The language serves the same purpose as the counterpart section of Part 72 (namely, 10 CFR 72.24 [m] ) .

i The final rule also reflects the position that the applicant i must demonstrate that the requirements of Part 20 and the EPA standards will be met, assuming the occurrence of Category 1 l

design basis events. For this analysis, the applicant would calculate the Eum of the doses, exposures, and releases from all j Category 1 design basis events to ensure that these results do

not exceed the limits specified in Part 20 and in the EPA

standards.

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I The Commission also is eliminating certain terms in Part 60 l that are undefined and may be subject to differing interpretations -- specifically, the terms " normal conditions,"

" anticipated operational occurrences," and " accidents." These terms are supplanted by the new term " design basis events."

i Besides enhancing clarity of expression, the new language better reflects the articulated regulatory framework. Lastly, where the term " controlled area" appears in the language of this section, I it is changed to "postclosure controlled area."

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< The final rule adopts the petitioner's concept of a i

preclosure control area under the name "preclosure controlled j area." The term delimits an area over which the licensee j exercises control of activities to meet regulatory requirements.

Control would include the ability to exclude members of the public, if necessary. The zone, and related dose limits, would l also be used to analyze and identify structures, systems, and l

components that are important to safety under unusual conditions that have heretofore been characterized as Category 2 design a

j- basis events - credible, yet not likely to occur during the period of operations. The issue that is presented concerns the dose limits to ensure that the consequences of any events which occur present no unreasonable risk to the health and safety of the public. (Releases resulting from Category 1 design basis events would not be permitted to cause doses exceeding the limits of Part 20.) The Commission adopts the basic provisions of Part 72 - namely, a 0.05 Sv (5 rem) dose limit, on or beyond the preclosure controlled area boundary - as modified to reflect the Part 20 system of dose limits (see S20.1201(a)). In addition to providing for separate dose limits for individual organs and tissue, the lens of the eye, and the skin, the use of " total effective dose equivalent" (TEDE) in Part 20 explicitly accounts for exposures via the ingestion and inhalation dose pathways.

Modification of the 0.05 Sv (5 rem) dose limit, to reflect the Part 20 system of dose limits, results in a family of dose 39

.. _ _ . _ - _ . _ . . _ _ . - . _ . - _ . -~ . . _ _ _ . . . _ . _ . _ _ _ _

h materials in effluents during normal operations so as to meet the performance objectives of S60.111(a)." The design should '

ordinarily be sufficient to' provide reasonable assurance of

, meeting Part 20 not only during normal operations, but even for events that are likely to occur moderately frequently or one or i

more times before permanent closure of the geologic repository (i.e., all Category 1 design basis events). Deleting the phrase "during normal operations," broadens the scope of this provision.

to reflect the Commission's intent more accurately.

The amendment of S60.132 adopted in this final rule differs from the amendment of 560.132 in the proposed rule in that the phrase "in effluents" in the proposed rule was changed to "in ,

effluents during Category 1 design basis events" in the final rule. The rationale for this change.was discussed in the I

" Response to Public Comments on the Proposed Rule."

i Section 60.133. Additional desian criteria for the undercround facility.

As in the case of the changes to 10 CFR 60.131, a reference to design basis events is substituted for the less precise

" normal operations and .. accident conditions."

Section 60.136. Preclosure controlled area.

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basis events). Accordingly, paragraphs (b) (5) (i) , (b) (7) , and (b) (8) are modified for this section. The Commission also is revising the language' in vo .131(b) (1) , which refers to

" anticipated" natural pht v.mena and environmental conditions, so as to encompass all design basis events. The "necessary safety functions" that must be accommodated in the design, pursuant to that paragraph, include whatever is necessary to meet the quantitative limits set u- in the Commission's rules (i.e., in S60,111(a) and S60.136).

As discussed under "Public Comments on the Proposed Rule,"

the Commission considers the applicability of the criticality control requirements in S60.131(h) to be clear with respect to preclosure considerati~ons. The Commission also believes that

. uncertainty remains with respect to the applicability of the i

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criticality control requirements to the postclosure period. The Commission intends to address the remaining uncertainty in a l 1

future rulemaking to make the NRC requirements consistent with l the revised EPA standards that are currently under development, i

as mandated by the Energy Policy Act of 1992. l l

' Section 60.132. Additional desian criteria for surface l facilities in the aeoloaic recository coerations area.

Section 60.132 (c) (1) requires that the surface facilities must be "... designed to control the release of radioactive

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