ML20198P462

First Partial Response to FOIA Request for Documents. Documents Listed in App A,Already Available in Pdr.Documents Listed in App B,Being Release in Their Entirety.Documents Listed in App C,Withheld in Part (Ref FOIA Exemption 6)

ML20198P462
Person / Time
Site:	Brunswick
Issue date:	12/21/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Payne M EDELSTEIN & PAYNE
Shared Package
ML20198P464	List: ML20198P462 ML20198P477 ML20198P529 ML20198P619 ML20198P664 ML20198P712 ML20198P728 ML20198P743
References
FOIA-99-32 NUDOCS 9901070055
Download: ML20198P462 (7)

Text

~

NRC FORM 464 P_rt i U.S. NUCLEAR REGULATORY COMMISSION P UIAIPA RESPONSE NuMBEA (6 1998)

• [ p**" % /q Q b 99-032 1

1. RESPONSE TO FREEDOM OF

)

E E INFORMATION ACT (FOIA) / PRIVACY RESPONSE ---

k n..- ACT (PA) REQUEST TYPE . _ . Y-REQUESTER DATE Mr. M. Travis Payne DEC 21 MB PART l. -INFORMATION RELEASED

] No additional agency records subject to the request have been located.

((]) Requested records are available through another public distribution program. See Comments section.

pPPENDiCES~R Agency records subject to the request that are identified in the listed appendices are already available for

' 2 A .~

, public inspection and copying at the NRC Public Document Room.

I APPENDICESR Agency records subject to the request that are identified in the listed appendices are being made available for BjC l public inspection and copying at the NRC Public Document Room.

-Q- Document Room,2120 L Street, NW, Washington, DC. Enclosed is information on how you may obtain access t

~~

IAPPENDICEs J B,C Agency re rds subject to the request are enclosed.

f '

i~~ ~ Records subject to the request that contain information originated by or of interest to another Federal agency have been

'- referred to that agency (see comments section) for a disclosure determination and direct response to you.

Q We are continuing to process your request.

] See Comments.

PART 1.A - FEES Auo' U NT * - ~~~ ^~ You will be billed by NRC for the amount listed. ~ None. Minimum fee threshold not met.

~

I You will receive a refund for the amount listed. Fees waived.

~

~

Tsg di" PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

] No agency records subject to the request have been located.

g~ - the reasons stated in Part 11.Certain information in the requested records is being withheld from disclosure pursuant to the ex y This determination may be appealed within 30 cays by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."

PART 4.C COMMENTS (Use attached Comments continustion page if required)

FWh powruNL -+say'

' . heb ~' (eowuxrym M" s r[Ac1 ~

j'AND PH4VACY AGI of FILLH RusseIT A. Powell 9901070055 981221 PDR FOIA

< PAYNE99-32 PDR NRc FORM 464 Part 1 (61998) PRINTED ON RECYCLED PAPER This form was designed using inForrns 9 I Olff) Qd(( -_

.. . = _ _ . _-. . .. . _ . __ _ -~

,[. NRC FORM 464 Part H U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DME l 7DSPONSE TO FREEDOM OF INFORMATION g g i 26

' }

ACT (FOIA) / PRIVACY ACT (PA) REQUEST l s  !

.APPElvDiCEs_._

PART ll.A - APPLICABLE EXEMPTIONS 1 Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under l C the Exemption No.(s) of the PA and/or the FOIA as indicated below (5 U S.C. 552a and/or 5 U.S C. 552(b)). l

] Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958. l

^

Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC. l Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Rcstricted Data or Formerly Restricted Data (42 U.S C. j 2161-2165). -

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

f 41 U S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an

- executive agency to any person under section 552 of Title 5 U.S C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.

R Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s)

L- indicated.

{ The information is considered to be confidential business (propnetary) information.

7 The information is considered to be propnetary because it concerns a licensee's or applicant's physical protection or material control and 2 accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1). I l

R The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2). 1

- Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during 1 litigation. Applicable privileges: ,

Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the

-~

- deliberative process Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional 1 information. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency. , Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation) Attorney-client privilege. (Confidential communications between an attomey and his/her client) y hemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.

     ~

Exemption 7; The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) 4 indicated. j

                    ~ (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g , it would reveal the scope, direction, and focus of enforcement efforts. and thus could possibly allow recipients to take action to shield potential wrorWoing or a violation of NRC requirements from investigators)

(C) Disclosure would constitute an unwarranted invasion of personal pnvacy. (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to teveal identities of confidential sources.

                    ~

(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expected to risk circumvention of the law.

                    ~ (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
      ] 'OTHER (Specify)

PART ll.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g),9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public intirzst. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any , d:nials that may be appea!ed to the Executive Director for Operations (EDO). ~

                                                            '    ~

ON DEIN ING OFFICI'AL ~~ TITLE / OFFICE RECORDS DENIED ((gE

                                                 ~ 'DirectoriOffice of Nuclear Reactor Regulation                     C/l Str.iu$1 U olUns 4            _           .

I

    -                   .~.
                                     ~              ~                      ~

ApMid mu'st be made in writing withiri 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should ! cl:arly state on the envelope and letter that it is a "FOIA/PA Appeal." PRINTED ON RECYCLED PAPER This form was designed using informs NRC FORM 464 Part 11 (61998)

L .  : E '. j 1 y Re: FOlA/PA 99-032 l APPENDIX A RECORDS ALREADY AVAILABLE IN THE PDR ACCESSION N_Q DATE NUMBER DESCRIPTION /(PAGE COUNT)

1. 07/19/96 9608120240 Insp. Rpt. 50-325/96-08, 50-324/96-08"(35 Pages)

      - 2. 10/04/96       9610220116       Insp. Rpt. 50-325/96-14,50-324/96-14"(60 pages) _
      - 3. 10/08/96       9640220178       Meeting Announcement - Predecisional Enforcement Conference

4. 10/18/96 9610180245 USNRC Press Release 11-96-85, "NRC Holds Predecisional Enforcement Conference to Discuss Brunswick Equipment Concerns" (1 page) ,

5. 11/01/96 9611180010 C.A. Casto, USNRC, letter to W.R. l Campbell, CP&L, " Meeting Summary -

Predecisional Enforcement Conference Brunswick"( 84 pages)

6. 11/14/96 9612040087 USNRC, Notification of Significant Enforcement (2 pages) 7, 11/19/96 9612030098 Notice of Violation and Proposed imposition  ;

of Civil Penalties - $150,000 '

8. 11/20/96 9611200248 USNRC Press Release ll-96-96, "NRC  ;

Proposes $150,000 Fine Against CP&L at Brunswick (1 page)

9. 02/24/97 9702250427 Acknowledgment letter to CP&L from James Lieberman (1 page)

10. 03/12/97 9703140134 D.C. Trimble, USNRC, letter to W.R. j Campbell, CP&L (6 pages)

11. 04/09/97 9704150232 K. R. Jury, CP&L, letter to USNRC (2 pages)

J

l:. Lv ! Re: FOIA/PA-99-032 l APPENDlX A (continued) RECORDS ALREADY AVAILABLE IN THE PDR ACCESSION Nph DATE NUMBER DESCRIPTION #PAGE COUNT)

12. 05/02/97 9705080254 H.O. Christensen, USNRC, letter to W.R.

Campbell, CP&L, "Insp. Rpt. 50-325/97-03, 50-324/97-03* (3 pages)

13. 05/29/97 9709150160 W.J.McNulty, USNRC, Investigation Report 2-96-036 (11 pages) l

14. 08/01/97 9'708130026 M.B. Shymlock, USNRC, letter to C.S.

l Hinnant, CP&L, "Insp. Rpt. 50-325/97-08, 50-324/97-08" (5 pages)

15. 08/27/97 9709040084 M.B. Shymlock, USNRC, letter to C.S.

Hinnant, CP&L (4 pages)

16. 09/15/97 9709300284 M.B. Shymiock, USNRC, letter to CP&L, L "Insp. Rpt. 50-325/97-09, 50-324/97-09"(5 pages)

17. 11/03/97 9711140234 M.B. Shymiock, USNRC, letter to C.S.

Hinnant, CP&L (4 pages)

18. 11/21/97 9712040229 M.B. Shymlock, USNRC, letter to C.S.

Hinnant, CP&L, " Meeting Summary - Status of Environmental Qualification Program Reconstitution Effort" (25 pages)

  +           19. 12/03/97           9712090246           C.S. Hinnant, CP&L, letter to USNRC,
                                                            " Environmental Qualification of Electrical Equipment Notification of a Change to a Commitment Completion Date" (4 pages)

20. - 12/08/97 9712310206 J.R. Johnson, USNRC, letter to C.S.

Hinnant, CP&L, "Insp. Rpt. 50-325/97-12,

i. 50-324/97-12" (6 pages) 1

21. 01/23/98 9802040322 M.B. Shymiock, USNRC, letter to C.S.

Hinnant, CP&L, "Insp. Rpt. 50-325/97-13, 50 324/97-13" (5 pages) i I l

.e Re: FOIA/PA-99-032 ,

                                 ~ APPENDIX A (continued) -

RECORDS ALREADY AVAILABLE IN THE PDR ACCESSION NO. DATE NUMBER DESCRIPTION /(PAGE COUNT)  !

22. 05/31/98 9806080336 C.S. Hinnant, Carolina Power & Light Co.

(CP&L), letter to L.A. Reyes, U.S. Nuclear Regulatory Commission (USNRC), " Status of Environmental Qualification Program Reconstitution"(6 pages)

23. 07/06/98 9807160065 M.E. Ernstes, USNRC, letter to J.S. Keenan, CP&L, "Insp. Rpt. 50-325/98-06, 50-324/98-06" (10 pages)

i l

e.  !

Re: FOIA/PA-99-032 APPENDIX B l RECORDS BEING RELEASED IN THEIR ENTIRETY l NO. DATE DESCRIPTION 4PAGE COUNT)

1. Undated Engineering Service Request for EQ-Type JCO for Improperly Configured Conduit Seals (ESR 97-00087 Revision 1) (17 pages)

2. Undated Environmental Qualification issues (13 pages)

3. 09/13/96 OE Understanding and EA Request Form (1 page)

4. 09/13/96 OE Understanding and EA Request Form (1 page)

5. 10/22/96 OE Understanding and EA Request Form (1 page)

6. 11/07/96 Notes from M. Satorius (1 page)

^

7. 12/19/96 Response to Civil Penalty from Carolina Power and Light Co. to James Lieberman, Director, OE (14 pages)

8. 12/23/96 Copy of invoice and copy of Check (2 pages)

9. 02/04/97 Personal notes from David Trimble Re: EQ status (3 pages)-

10. 02/05/97 E-Mail from David Skeen, NRC to David Trimble, NRC Re:

Brunswick-EQ issue (1 page)

11. 02/12/97 E-Mail from David Trimble, NRC to Mark Reinhart, NRC Re:

Brunswick responses to EQ questions (1 page)

12. 07/09/97 Memo to Multiple Addressees re 01 Report 2 96-036 (1 page) 13, 10/20/97 EO Program Reconstitution Effort, Plant Management Weekly Report (20 pages)

14. 05/08/98 Memo to Multiple Addressees re Of Report 2-97-015 (1 page) 4 1

d 4

'Y Re: FOIA/PA-99-032 APPENDIX C RECORDS BEING WITHHELD IN PART _N_0 2 DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 02/01/97 Engineering Service Request for EQ-Type JCO for improperly Configured Conduit Seals (ESR 97-00087 Revision 0)) (13 pages)

EX.6 o n

                                                             /

x}}