IA-85-699, Responds to 860515 Appeal of 860417 Partial Denial of FOIA Request for Documents Concerning Board Notification 85-084 Re ACRS Review of Ssers 7-11 (NUREG-0797).Documents Still Withheld (Ref FOIA Exemption 5)

Responds to 860515 Appeal of 860417 Partial Denial of FOIA Request for Documents Concerning Board Notification 85-084 Re ACRS Review of Ssers 7-11 (NUREG-0797).Documents Still Withheld (Ref FOIA Exemption 5)

ML20206S893
Person / Time
Site:	Comanche Peak
Issue date:	06/30/1986
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
References
FOIA-85-699, FOIA-86-A-78, RTR-NUREG-0797, RTR-NUREG-797 NUDOCS 8607070445
Download: ML20206S893 (1)

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Jim 3 01986 Ms. Billie Pirner Garde, Director Environmental Whistleblower Clinic Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO F01A-86-A-78 (F01A-86-699)

Dear Ms. Garde:

This is in response to your letter dated May 15, 1986, in which you appealed Mr. Donnie H. Grimsley's letter dated April 17, 1986, which denied in part your Freedom of Information Act (F0IA) request for documents in connection with Board Notification 85-084--ACRS Review of Comanche Peak Steam Electric Station, Units 1 and 2 Safety Evaluation Report (SER) (NUREG-0797) Supplements 7 through 11.

Acting on your appeal, I have carefully reviewed the record in this case and have determined that the previously withheld information will continue to be withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C.

552(b)(5)) and 10 CFR 9.5(a)(5) of the Commission's regulations. Your appeal is, therefore, denied.

The withheld portions of the documents consist of the potential violation sections of drafts of the SER. These portions contain the advice, opinions,

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and recommendations concerning whether or not enforcement action should be taken concerning the Comanche Peak Steam Electric Station.

This is a final agency action. As set forth in the F0IA (5 U.S.C. 552(a)(4)(B)),

judicial review of this decision is available in a district court of the United States in either the district in which you reside or have your principal place of residence, or in the District of Columbia.

Sincerely, h

Victor Stello, Jr.

Executive Director for Operations i

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APR 77 tgg Ms. Billie Pirner Garde Director, Environmental Whistleblower Clinic Government Accountability Project 1555 Connecticut Avenue, NW, Suite 202 IN RESPONSE REFER Washington, DC 20036 TO FOIA-85-699 -

Dear Ms. Garde:

This is in further response to your letter dated October 10, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), all records relevant to and/or generated in connection with Board Notification 85-084--ACRS Review of Comanche Peak Steam Electric Station, Units 1 and 2 Safety Evaluation Report (NUREG-0797) Supplements 7 through 11.

The documents listed on enclosed Appendix A are being placed in the NRC's Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC, in file folder F01A-85-699 under your name.

The documents listed on enclosed Appendix B are available in other PDR files under the accession numbers indicated beside the document descriptions.

Portions of the documents listed on enclosed Appendix C are being withheld from public disclosure pursuant to Exemptions (5) and (7)(A) of the F0IA (5

? U.S.C. 552(b)(5) and (7)(A)) and 10 CFR 9.5(a)(5) and (7)(i) of the Commission's regulations. The withheld portions contain the advice, opinions, and recommendations of the staff and information the release of which might interfere with a possible enforcement action. The nonexempt portions of the withheld documents are being released under FOIA-85-59 regarding the QA/QC category and will be available at the PDR in that file folder under your name.

Pursuant to 10 CFR 9.9 of the Commission's 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 interest. The persons responsible for this deniil are the undersigned and Mr. James M.

Taylor, Director, Office of Inspection gn'd'En~forcement.

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Ms. Billie Pirner Garde Operations within 30 days from sxecutive the receipt of thiThis letter. Director for CFR 9.11, any such appeal must be in writing As provided in 10' Director for Operations, U.S. Nuclear Regulatory C, addressed to the E 20555, and should clearly state on the an " Appeal from an Initial F0IA Decision." n envelope a d iommission, Wash n the letter that it is This completes action on your request .

Sincerely, A.P. .--

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Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosures:

As stated

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. Re: F01A-85-699 APPENDIX A DATE DOCUMENT DESCRIPTION PAGES

1. 08/14/85 Memorandum from 0. Merrill to D. Okrent regarding 2 NUREG-0797, Comanche Peak Supplement Safety Evaluation Reports (SSERs) Nos. 7 through 11.

2. 07/06/85 Comanche Peak SSER Summary Sheet 1

3. 09/04/85 Memorandum from 0. Merrill to ACRS members regarding 2 comments on SSERs 7 through 11

4. 09/05/85 Letter D. Moeller to 0. Merrill regarding his 1 position on ACRS review of SSERs for Comanche Peak

5. 09/10/85 Memorandum from J. MacEvoy to D. Ward transmitting 26 a summary of Comanche Peak Supplemental SSERs

6. 09/19/85 ACRS excerpt from 305th meeting - ACRS Review of 1 Comanche Peak

7. 07/26/85 Memorandum from V. Noonan, NRR/TRT, -to D. Ward, 1 ACRS, regarding NUREG-0797: Comanche Peak Supplement Safety Evaluation Reports (SSER's), Supplements 7 through 11 l

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, Re: F0IA-85-699 APPENDIX B

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DOCUMENT DESCRIPTION 1.

Board Notification No.85-073 and enclosures (Accession No. 850809536) 2.

Enclosures to Board Notification No.85-084 (Accession No. 8509300340)

. 3.

ASLB Memorandum dated 4/30/85 (Accession No. 8505020230)

4. Memorandum from V. Noonan, NRR/TRT, to D. Ward, ACRS dated 8/9/85 regarding Comanche Peak Steam Electric Station (Accession No. 8508140258)

5. Memorandum from V. Noonan, NRR/TRT, to Commissioners dated 8/9/85 j

regarding Board Notification No.85-073 (Accession No. 8508090536)

6. Memorandum from V. Noonan, NRR/TRT, to Commissioners dated 9/30/85 regarding Board Notification No.85-084 (Accession No. 8509300340)

7. Memorandum from D. Ward, ACRS, to W. Dircks dated 9/16/85 regarding ACRS Meeting #305; Comanche Peak Steam Electric Station, Units I and 2 Safety Evaluation Report Supplements 7 through 11 (Accession No. 8509300388) l 4

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Re: FOIA-8 a99 .

APPENDIX C

1. Draft enforcement action developed from Comanche Peak Safety Evaluation Re-port Supplements 7, 8, 9,10 and 11-- Undated-(74 pages)

2. July 3,1985, note from Charles Haughney, Contractor to NRR, to Bill Beach, IE

Subject:

Comanche Peak Enforcement, with draft SSERs and NOVs from Comanche ,

Peak Safety Evaluation Report Supplement 10 as an enclosure (192 pages) 8 0

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, GOVERNMENT ACCOUNTABill1Y PROJECT 1555 Connecticut Avenue, N.W., Suite 202 Washington, D.C. 20036 (202)232-8550 October 10, 1985 FREEDOM OF INFORMATION ACT REQUEST Director NED W OF % g g ACT REQUEST Office of Administration Nuclear Regulatory Commission

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

Pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. 552, the Government Accountability Project (" GAP")

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, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, computations, voice recordings, computer runoffs, 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 Board Notification 85-084 - ACRS Review of Comanche Peak Steam Electric Station, Units 1 and 2 Safety Evaluation. Report Supplements 7 through 11, dated September 30, 1985.

This request includes all agency records as defined in 10 C.F.R. {9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980)~whether they currently exist in the NRC official, " working", investigative or other files, or at any other location, including private residences.

If any records as defined in 10 C.F.R. $9.3a(b) and the NRC Manual, supra, and covered by this request have been destroyed and/or removed after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s). '

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GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the general public," 5 U.S.C. {552(a)(4)(a). GAP is a non profit, non partisan public interest organization concerned with honest and open government. Through 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 seeking to ensure the health and safety of their communities. The: Citizens Clinic is currently assisting several citizens' groups, local governments and intervenors in the central Texas area concerning the-construction of the Comanche Peak nuclear power plant.

We are requesting the above info'rmation as part of an ongoing monitoring project on the adequacy of Region IV and the NRC's efforts to protect public safety and health at nuclear power plants.

For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documente 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 Vaughn v. Rosen_(I), 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).

i days.

We look forward to your response to this request within ten-L-

Sincerely,

_O O _ g Billie Pirner Garde Director, Citizens Clinic.

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