ML20148G497

Fourteenth Partial Response to FOIA Request for Documents on Allegations Re Plant Operation.Encl App U & V Documents Also Available in PDR & Lpdr Located in San Luis Obispo,Ca.App V Documents Partially Withheld (Ref FOIA Exemption 6)

ML20148G497
Person / Time
Site:	Diablo Canyon
Issue date:	01/22/1988
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20148G500	List: IR 05000275/1978007 ML20148G497 ML20148G564
References
FOIA-84-21 NUDOCS 8801260523
Download: ML20148G497 (4)

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U.S. NUCLEA r COMMISSIEN Nac rotA LEQUE$T NUM8EJSI p %*. Q' REIULATORY -

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RESPONSE TO FREED M DF

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I"**' N '^""^t l'4rju INFORMATION ACT (FOIA) REQUEST JM 2 2 g DoCLET NUM8Eaisi vt appare6m Q _ QQ #

(f PART 4.-RECORDS RELEASED OR NOT LOCATED (See checked bones) 50-2.95 323 No agency records subject to the request have been located.

No add < tonal agency records subpoet to the request have been located.

Agency records subpect to the request that are identfed in Appanda are already available for pubhc inspecten and cocymg in the NRC Pac Document Roorn.

1717 H Street. N.W., Washeston. DC.

Agency records subrect to the request that are identifed in Appendix [l

_ are being made avadable for putse especten and copyeg m the NRC Pubhc Document f.oom.1717 H Street N.W., Wadnngton DC, in a folder unoer the FOIA number and requester riame.

The nonpropretary versen of the proposaksi that you agreed to accept e a teleohone conversaten wth a member of my staff e now being trade avaist9e for puble especten and coymg at the NRC Pubhc Document Room.1717 H Street. N W . WasNngton, DC e a fMer under the FOIA number and requester narre.

Enclosed is eformaton or how you may obtam access to and the charges for copyeg records placed m tN NRC Pubhc Docurnent Room,1717 H Seset. N W., Washegton. DC. ,

Agency records subrect to the request are enclosed. Any apphcab6e charge for copes of the records p*ovided and payrrent procedur es are noted m the comrnents secten.

Eerords subrect to the request have been referred to another Fedemi agencytest for reven and direct response to you.

In view. of NRC's response to the request, no further acten is bemg taken on appeal letter dated PART li.A-INFORMATION WlTHHELD FROM PUBLIC DISCLOSURE Certam informten in the requested records is being withheld from pubhc declosure pursuant to the FOIA enemptions descnbed in and for the reasons sisted in Part it. sec.

tons 8. C. and D. Any released portens of the documents for WNch only part of the record es bemg wtNi1 are being made ava#ble for pubhc inspecten and copyeg in the NRC Pubhc Document Room.1717 H Street. N W.. Wsshington. DC. in a folder under tNs FOIA number and requestof name

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FREE M f F INFORMATION ACT RESPONSE FOIA NUMBE%tSL l *h

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PART 41.5- APPLICASLE FOIA EXEMPTIONS NUU Records subject to the request that are described in the enclosed Appendices . are being withheld in their entirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 5(a) of NRC Regulations,

1. The wthheid information is property ciaes.fied pursuant to Executive Order 12356 (EXEMPTION 1)

2. The wthheid % formation ret.tes solely to the intomal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The wthheld information a specifically esempted from putWic dsclosure by statute indicated. IEXEMPTION 3)

Secten 141145 of the Atomec Energy Act wh'ch prohibets the disclosure of Restncted Oata or Formerty Restncted Data 142 U.S C. 216121651.

Secten 147 of the Atomic Energy Act whch prohitxts t*e declosure of Unclawfed Safeguards information (42 U.S C. 2167).

4. The wthheld information is a trade secret or commercel or fusancel informaron that is bemg withheld for the reason (s) indicated: LEXEMPTION 41 The information is considered to be conf 4entel bus. ness Ipropretaryl informaton.

The informaton rs cons 4ered to be proonetary informaton pursuant to 10 CFR 2.790(d8tl.

The information was sutmrted and recerwed m conf 4ence from a foreign source pursuant to 10 CFR 2.790td)(2).

5. The withhead informat>on consses of irteragency or intraagency records that a<e not ava.latse through c.scovery dacg litigation. Declosure of predecis.onal informaron would tend to inhitxt the open and franit enchange of deas essential to the deliberstrve process. Where records are wthheld en ther entwety, the f acts are ineatncab8y rtertweed wth the predeets onalinformation. There also are no reasoaabry segregat9e factual portons because the re4 ease of the facts would permd an indirect mouiry into the predec ssonal process of the agency. (EXEVPTION 5)

6. The wthheld information is esempted from pubi.c d=sclosure because ets disclosure would result m a clearly unwarranted mvasion of personal prrwacy. (EXEMPTION 61 7, The withheld information conssts of investigatory records comoded for law enforcement p# poses and in beq ethheld for the reasontal indecated. (EXEMPTION 71 Disclosure would interfere wfth en enforcement proceeding because it could reveal the scope, drecton,3rd focus of enforcement effont. and thus could possetWy allow them to take action to shield potental wrongdoeng or a volation of NRC requwements from mvestigators. (EXEMPTION 7(AH Declosure would constitute an unwarranted evas.on of personal povacy (EXEMPTION 7iCH The eformaton consists of riames of indivduals and other mformation tee cectosure of which would reveal centities of conf 4 ental sources (EXEMPTION 7:0H PART 18 C-DENvlNG OFFICIALS Pursuant to 10 CFR 9 9 and'or 9.15 of the U S. Nuciaar Regulatory Commiss.on regutatior's it has been determired that the snformaton wthheld is enempt from producten or disclosure, and that its producten or deciosure e contrary to the public interest The persons respoaset9e for the denial are those o rfcWs edertefed below as denying o rfc.ais and the Owector, Ovvis.on of Rules and Records. Office of Adminrstraton. for any denes that may be appeased to the Emecetrwe Drectar for Operatons itoot DENylNG OFFICIAL TITLE OFFICE RECORDS DENIED APPELLATE OFFICIAL l

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V PART 110- APPEAL RIGHTS The denial by each denying official identifed in Part II.C may be appealed to the Appellate Official identif>ed in that section. Aay such appeal must be in writing and must be made within 30 days of recerpt of this response. Appeats must be addressed as appropriate to the Exe,utive D rector for Operations or to the Secretary of the Commission. U.S. Nuclear Regulatory Commission, Washington, DC 20555. and should clearly state on the envelope and in the letter that rt is an "Appeal from an initial FOiA Decision."

acc Fcaw asa mort a 1.;.S. NUCLEAR REGULATORY COMMISSION

+ as. FOlA RESPONSE CONTINUATION

Re: FOIA-84-21 (14th Partial)

APPENDIX U RECORDS BEING PLACED IN PDR l

1. 5/26/78 Ltr to Crane from Book, subject: NRC Inspection of Disblo Canyon Unit 1. (9 pages)

2. 11/29/83 Memo for Eisenhut from Bishop, subject: Assistance in follow-up to Diablo Canyon Allegations. (10 pages)

3. Undated Draft allegation or concern No. 102. (10 pages)

4. Undated Quality Assurance Records-Allegation #65. (2 pages)

5. Undated Task Allegation #79, 82, 84, 87, 88 and 95. (6 pages)

6. Various I. Yin's notes and Preliminary Reports to various Dates allegations. (136 pages) l

Re: FOIA-84 (14th Partial)

APPENDIX Y PORTIONS OF RECORDS DELETED EXEMPTION 6

1. 12/2/83 Interview Pipe Support Engineers. (4 pages)

2. 12/2/83 Interview Pipe Stress and Support Engineers. (6 pages) 3, 12/3/83 Interview Pipe Stress and Support Engineers. (4 pages)

4. 12/5/83 Interview Pipe Stress and Support Engineers. (3 pages)

5. 12/5/83 Interview Pipe Stress and Support Engineers. (3 pages)

6. 12/5/83 Interview Pipe Stress and Support Engineers. (2 pages)

7. 12/20/83 Memo of call slip to Yin frem named individual, w/ attachment questions. 'S pages)

8. Undated Handwritten notes to Crews, Hartzman, Knighton and Garnitz (13 pages)

9. Undated Handwritten notes of Yin. (5 pages)

10. Undated Handwritten notes. (11 pages)

11. Undated Handwritten notes. (3 pages)

GOVERNMENT ACCOUNTADILITY PROJECT institute for Pohcy Studies 1901 Que Street. N.W., Woshington. D.C 20009 (202)234 9352 January 9,1984 HAND-DELIVERED 9 January 1984 FREEDOM OF INFORMATION ACT REQUEST Director Office of Administration U.S. Nuclear Regulatory Commission Om f /./O-P/

Washington, D.C. 20555 To Whom It May Concern:

Pursuant to the Freedom of Information Act (F0IA), 5 U.S.C. 5552, the Covernment Accountability Project (GAP) of the Institute for Policy Studies, requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, sumaries, interview reports, procedures, instructions, engineering analyses, draw-ings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, and any other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with the Safety Evaluation Report related to the operation of the Diablo Canyon Nuclear Power Plant, Units 1 and 2 NUREG-0675, Supplement No. 21 (December,1983)

("SSER 21") . This includes, but is not limited to, any and all NRR regulations, calculations, and judgments used to evaluate any of the allegations referred to in SSER 21. We request that each responsive document be identified by the allega-tion number (s) to which it may relate.

If any of the material covered by this request has been destroyed and/or removed, please provide all surrounding documentation, including but not limited to a des-cription of the action (s) taken, relevant date(s), and justification (s) for the action (s).

GAP requests that fees be waived, because "finding information can be considered as primarily benefitting the general public," 5 U.S.C. $552(a)(4)( A). The Government Accountability Project is a non-profit, non ' partisan public interest organization concerned with honest and open government. Through legal representation, advice, national conferences, films, publications and public outreach, the Project promotes whistleblowers as agents of government accountability. Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups who seek to ensure the health and safety of their communities. The Citizens Clinic is currently assisting citizens groups in the California area concerning the Diablo Canyon Nuclear Power Plant.

For any documents or portions that you deny due to a specific FO!A exemption, please provide an index itemizing and describing the documents or portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld. This index is required under E&O$ { {d4 y Q ),Y '

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. Dire: tor of Adminis,tration January 9,1984

' U.S. Nuclear ' Regulatory Commission

-Vaughn v. Rosen (I), 484 F.2d 820 (D.C.Cir.1973), cert, denied, 415 U.S. 977 (1974).

We look forward to your response to this request within ten days.

Very truly yours, y f av "*

Billie Pirner Garde Citizens Clinic Director BPG:me i

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