ML20137A678

First Partial Response to FOIA Request for Documents.Records in App a Available in Pdr,App B Records Encl & App C Records Withheld in Part (Ref FOIA Exemption 5)

ML20137A678
Person / Time
Issue date:	03/14/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Williams O JRA ASSOCIATES
Shared Package
ML20137A682	List: ML20137A678 ML20137A733 ML20137A764 ML20137A778 ML20137A816 ML20137A834 ML20137A844 ML20137A855 ML20137A866 ML20137A893 ML20137A912 ML20137A928 ML20137A956 ML20137A974 ML20137A980 ML20138E103
References
FOIA-96-466 NUDOCS 9703210030
Download: ML20137A678 (7)

Text

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.# V'%, FOlA - -

j 4 M ( ./ RESPONSE TO FREEDOM OF ReSgOnsE TveE PARTIAL /7

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k j INFORMATION ACT (FOIA) REQUEST l FINAL DATE g ;4 g

, .e.ee DOCKET NUMBER lS)(Itapphcable) ,

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PEQUES

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V PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED /See checAedboxes) do agency records subject to the request have been located.

No tdditional 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 Append;x(es) M are already available fcr public inspxtion and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC. _ j Agency records subject to the request that are identified in Appendix (es) 8 are being made available for public inspection and copying I et ths NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

Tha nonpropriete~ version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staf f is now being made available for public inspectk 4 copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOl A number, Agency records subject tu tt e request that are identified in Appendix (es) may be inspected and copied at the NRC Local Pubhc Document Room identified in the Con'ments sechon.

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, N.W., Washington, DC. )'

Agency records subiect to the request are saciosed.

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

Fees You will be billed by the NRC for fees totaling $

i l

You will receive a refund from the N RC in the amount of $

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

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Ccrtiin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in P:rt 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 inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.

COMMENTS n t n yI I'

9703210030 970314 PDR FOIA

, , WILLIAM 96_-466 PDR QUMM  : elRECTOR, ei . DOMO RMATION AND PUBLICATIONS SERVICES

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• RESPONSE TO FREEDOM OF .

INFORMATION ACT (FOIA) REQUEST FOIA f M]4g ]

8 (CONTINUATION) '

l PART 11.8- APPLICA8tE EXEMPTIONS Records sub}ect to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(a) of NRC regulations.

1, The wethheld information es property classified pursuant to Executive Order,(Exemption 1)

2. The withheld mfoimation relates solely to the enternal personnel rules and procedures of NRC. (Exemption 2) l l3, The withheld mformation is specifically exempted from public disclosure by statute indicated. (Exemption 3)

Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerfy Restricted Data (42 U.S.C. 21612165).

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

1 i l l4. The withheld mformation is a trade secret or commercial or fmancial information that is be cg withheld for the reason (s) indicated. (Exemption 4)  !

i

' The mformation es considered to be confidential busmess (propnetaryl mformation,

]

The mformation is considered to be propnetary mformation pursuant to 10 CFR 2.790ld)l11.

l The mformation was submitted and received in confidence pursuant to 10 CFR 2 790(dH2l

)

X 6. The withheld mformation consists of mteragency or mtraagency records that are not available through discovery dunng litigation (Exemption SL Applicable Privilege:

Deliberative Process: Disclosure of predecisional information would tend to mhibit the open and frank enchange of ideas essential to the deliberative process.

Where records are withheld m their entirety, the f acts are inextricably mtertwined with the predecisional mformation There also are no reasonably segregable f actual

" g\ portions because the release of the f acts would petmit an indirect inquiry mto the predecisional process of the agency.

Attorney work product privilege (Documents prepared by an attorney in contemplation of l tigation i  !

/ Attorney-client privilege. (Confidential communications between an ettorney and his/her client.)

6. The withheld mformation is esempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy (Exemption 6)

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

Disclosure could reasonably be expected to mterfere with an enforcement proceeding because it could reveal the scope, direction, and focus of 4 enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. (Exemption 7 (AH J

Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(C))

The mformation consists of names of endividuals and other ardormation the disclosure of which could teasonably be enoected to reveal identities of confidential sources. (Exemption 7 (D))

OTHER I

l PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(bl and/or 9 25(c) of the U.S. Nuclear Regulatory Comm.ssion regulations, it has been determined that the information withheld is exempt from pro.

- duction or disclosure, and that its production or disclosure is contrery to the pubbc mterest. The persons responstble for the denial are those officials identified below as denying l officials and the Director, D. vision of Freedom of information and Pubhcations Services Office of Admmistration, for any denials that may be appealed to the Executive Director for Operations (EDO).

l DENYING OFFICIAL TITLEiOFFICE RECORDS DENIED APPELLATE OFFICIAL EDr1 SECRETARY IG IA~ #my x l #6 C& '

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, 42#00 CE X I

l PART 11. D- APPEAL RIGHTS The damal by each denying official identified in Par; ll.C may be appealed to the Appellate Official identif;ed there. Any such appeal must be made in writing within 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, of to the inspector Genersi, U.S. Nuclear Rotatory Commission, Washmgton, DC 20555. and should clearly state on the envelope and in the letter that it is an " Appeal from en initial FOI A Decision."

NRC FORM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION

4 Re: FOlA-96-466 4

i APPENDlX B RECORDS BEING RELEASED IN THEIR ENTIRETY 2

1 t[Q, DATE DESCRIPTION /fPAGE COUNT) l d

! 1. Undated Excerpts from NUMARC 90-12 with some content highlighted (6 j pages)-

l 2. Undated Draft (Version 1) of Minutes of CRGR Meeting No. 290 (printed i e

from electronic file which does not include Attachments 2A and j 2B)(6 pages)  ;

i

! 3. Undated Draft (Version 2) of Minutes of CRGR Meeting No. 290 (printed ,

! from electronic file which does not include Attachments 2A and 2B) (6 pages)

4. Undated Excerpt from the Minutes of CRGR Meeting No. 290, with i highlighted section discussing question referred to OGC for determination (2 pages)

5. Undated Excerpt (pages 14-21) from document labeled " Administrative

! Procedures Act (Title 5, U.S. Code, Chapter 5-Administrative j Procedure)", with annotations by J. Conran (4 pages) l

} 6. - 11/09/90 Letter from'W. Russell to W. Rasin, and enclosure entitled "NRC l Comments on Design Document Reconstitution Programs", with l annotations by J. Conran (5 pages) i j 7. 03/08/91- Memorandum to J. M. Taylor from S. J. Chilk,

Subject:

SECY ;.

037 - Charter of the Committee to Review Generic Requirements (CRGR), with annotations by J. Conran (2 pages) i j 8. 03/08/91 Memorandum from S. Chilk to J. Taylor,

Subject:

SECY-91-037 -

' Charter of the Committee to Review Generic Requirements (CRGR), with annotations by J. Conran (2 pages)

) 9. 11/12/91 SECY-91-364,

Subject:

Design Document Reconstitution, with 4

annotations by J. Conran (14 pages) l 10. 05/26/92 SECY-92-193,

Subject:

" Design Bases Reconstitution, with annotations by J. Conran (20 pages) 4 11. 08/10/92 Highlighted / annotated copy of Policy Statement on Design Bases information (Federal Register, p.35455-35456) (2 pages)

S

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Re: FOIA 96-466 ;

1 1 APPENDIX B

- (continued)

RECORDS BEING RELEASED IN THEIR ENTIRETY l

MCL DATE DESCRIPTIONHPAGE COUNT) j q.

! 12. 08/10/92 Highlighted / annotated copy of " Policy Statement on.. Design j Bases Information.." (Federal Register, p.35455-35456), with I

annotations by J. Conran (2 pages) i'

13. 10/07/92 Memo for R. Fraley, ACRS, from E. Imbro, NRR,

Subject:

Draft j Generic Letter on the Availability and Adequacy of Design Bases

! Information (7 pages)

[ 14. 10/21/93 SECY-93-292,

Subject:

Generic Letter on.. Design Bases Information, with annotations by J. Conran (3 pages)

) 15. 11/10/93 SRM regarding SECY-93-292, " Generic Letter on.. Design Bases

{ Information", with annotations by J. Conran (1 page) 1 16. - 01/28/94 Memorandum from J. Sniezek to T. Murley, et al.,

Subject:

Use of  ;

i Regulatory Guidance Documents as Legal Requirements, with  !

j annotations by J. Conran (3 pages)

17. 03/29'M Excerpt (Sections 801-808) from document labeled "Public Law 104-121-Mar. 29,1996 (110 STAT. 868-874), with annotations by J. Conran (4 pages)

18. 08/02/96 Annotated copy of letter from J. Colvin to S. Jackson, with attachment (NEl 96-05, Draft Revision D, dated July 25.1996)

, (11 pages) i

. 19. 08/22/96 Handwitten notes by J. Conran, CRGR staff, reflecting

discussions at CRGR Meeting No 290 (2 pages)

20. 08/27/96 Draft memorandum from J. Conran to J. Taylor," Differing Views

on. 50.54(f) letter on.. Design Bases information", and attachment entitled " Statement of Differing Views by James Conran, CRGR

! Staff Regarding Certain Aspects of Proposed Generic 50.54(f) i Letter on Adequacy and Availability of Design Bases Information"

(3 pages) 08/30/96

21. E-mail from J. Conran to W. Kane, transmitting documents (1 Page) 4 i

1

W Re: FOIA-96-466 APPENDIX B (continued)

RECORDS BEING RELEASED IN THEIR ENTIRETY MQ DATE DESCRIPTIONRPAGE COUNT) i l

., 22. 08/30/96 Cover sheet for FAX to W. Kane from J. Conran, transmitting documents (1 page)  !

3

23. 10/08/96 Letter from J. Taylor to C.M. Poindexter,

Subject:

Request for I l

Information Pursuant to 10 CFR 50.54(f) Regarding Adequacy j and Availability of Design Bases Information (9 pages)

! 24. 10/09/96 E-mail message from J. Conran to CRGR Members,

Subject:

50.54(f) letter, transmitting a document (1 page)

25. 10/11/96 E-mail message from J. Conran to S. Burns,

Subject:

Excerpt

from Minutes od CRGR Meeting No. 290, transmitting a document t

(1 page) i

26. 10/15/96 E-mail message from J. Conran to S. McKelvin,

Subject:

Release of Documents from CRGR Meeting No. 290 transmitting list below (1 page) .

27. 10/15/96 " List of Documents for Release to PDR for CRGR Meeting No. 1 290" (2 pages)  !

, 28. 10/24/96 E-mail from J. Conran to D. Naujock,

Subject:

Generic Letter j

" Effectiveness of UT Systems in ISI"-Reply (2 pages)

29. 11/01/96 E-mail message from S. McKelvin to J. Conran, regarding j telephone call from D. Stenge,r (1 page) 1 I 30. 11/15/96 Final approved agenda for CRGR Meeting No. 296, and undated draft agenda for same meeting (7 pages) f

31. 11/18/96 " Issue Sheet (prepared by J. Conran) for CRGR Agenda items, CRGR Meeting No. 296 - November 19,1996", and attached generic letter excerpts (referred to in Issue Sheet) (5 pages) 32, 11/18/96 E-ma3 message from J. Conran to J. Zimmerman, providing copies of the issue Sheet (1 page) i 4

Re: FOIA-96-466 l APPENDIX B (continued)

RECORDS BEING RELEASED IN THEIR ENTIRETY l

tLQ, DATE DESCRIPTIONHPAGE COUNT) I l

33. 11/18/96 E-mail message from J. Conran to S. Crockett,

Subject:

CRGR Meeting No. 296, regarding briefing at CRGR Meeting No. 296 on Small Business.. .. Fairness Act (1 page)

34. 11/18/96 E-mail message from J. Conran to S. Burns,

Subject:

CRGR Meeting No. 296, regarding attendance at CRGR Meeting No. 296 (1 page)

35. 11/18/96 E-mail message from J. Conran to J. Goldberg,

Subject:

CRGR Meeting No. 296, regarding attendance at CRGF ifeeting No. 296 (1 page)

36. 11/18/96 E-mail message from J. Conran to G. Lainas, D. Naujock, and J.

Strosnider,

Subject:

CRGR Meeting No. 296, transmitting issue Sheet (1 page) 37, 11/19/96 E-mail message from J. Conran to S. Burns, regarding "..CRGR Meeting tomorrow.."(1 page)

38. 11/27/96 Fax Cover Sheet from A. Marion to J. Milhoan enclosing Industry Guidance for Responding to NRC Request for information Under 10 CFR 50.54(f) Regarding Adequacy and Availability of Design Bases information with annotations (10 pages)

l Re: FOIA-96-466 APPENDIX C RECORDS BEING WITHHELD IN THEIR ENTIRETY M DATE DESCRIPTION /fPAGE COUNT)/ EXEMPTIONS

1. 08/21/96 Braille Version of Memorandum to CRGR Members from Brian l j Grimes on Design Bases Information, Draft Commission Paper

)

and Draft of Sample Letters to License are attached (49 pages)  !

EX. 5 - Predecisional ,

, l

2. 08/29/96 Memorandum from S. Burns to E. Jordan,

Subject:

Appropriate Language for 50.54(f) Letters (2 pages). EX. 5 - Attorney-Client l

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