ML20214J874

Partial Response to FOIA Request for Documents Re Wolf Creek.App C & D Documents Available in Pdr.App E,F & G Documents Withheld (Ref FOIA Exemptions 5 & 7)

ML20214J874
Person / Time
Site:	Wolf Creek
Issue date:	11/20/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Stephens S NUCLEAR AWARENESS NETWORK
Shared Package
ML20214J876	List: ML20214J874 ML20214J911
References
FOIA-86-59 NUDOCS 8612020015
Download: ML20214J874 (8)

Text

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{# f RESPONSE TO FREEDHM CF INFORMATION ACT (FOlA) REQUEST

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NOV 2 01986 DOCKET NUMSERsSI #f maksees N_ Ok Di

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PART 1.-RECORDS RELEASED OR NOT LOCATED (See checkedbones)

No agency records subact to the request have been located.

No additional agency records sublect to the request have been located.

Agency records subject to the request that are identifed in Appendix _ -

are already available for public inspecten and copying in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.

Agency records subject to the request that are identifed in Appendix _ \ are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under the FMA number and requester name.

The nonproprietary version of the proposaHs) that you agreed to accept in a telephone conversation with a member of my staff is now being made avalable for publ6c inspection and coymg at the NRC Public Document R mm,1717 H Street, N.W , Washington, DC, in a folder under this FOIA number and requester name.

Enclosed is informaton on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W , Washington. DC.

Agency records subpect to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments section.

Records subsect to the request have been referred to another Federal agencylies) for rev, w and direct response to you.

In www of NRC's response to this request, no further action a being taken on appeal letter dated PART H.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the roovested records a being withheld from public declosure pursuant to the FOIA enernptons described in and for the reasons stated in Part H, sec-tons 8, 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,1717 H Street, N.W., Washington, DC, in a folder under the FOIA number and requester name.

Comments 8612O20015 861120 PDR FOIA STEPHENS86-59 PDR SIGNAT l DIRECTOR. DMslON F RUL ECORDS LD ,

WA NRC FORM 464 Pan n casi

FJ EEDOM OF INFT RMATION ACT RESPONSE FOIA NUMBE~.lSI:

DATE:

PA _ T li B- APPLICABLE F lA EXEMPTIONS Records subject to the request that are described in the enclosed Appendices -

3 are bemg wrthheld in their entirety or in part under FOtA 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 mthheld ofnemation is properly classified pursuant to Executive Order 12356 (EXEMPTION 1)

2. The withheld information relates solely to the intamal personnel rules and procedures of NRC. IEXEMPTION 2)

3. The wthhe6d informanon a specifically exempted from public desclosure by statute mdicated: (EXEMPTION 31 Section 141145 of the Atomic Energy Act which prohibets the disclosure of Restncted Data'or Formerly Restricted Data (42 U S C. 21612165).

Secten 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Informaton (42 U S C. 2167).

4. The withheld information is a trade secret or commercial or fmancial informaton that a being withhold for the reasontsi indicated: (EXEMPTION 4)

The informaton is consedered to be confidential business (propretary) information.

The information a considered to be propnetary mformaton pursuant to 10 CFR 2.790ldHIL The information was submitted and received m confidence from a foreign source pursuant to 10 CFR 2.790tdH2).

5. The ethheld informaton consists of interag6ncy or intraagency records that are not available through discovery during trtigation. Dsclosure of predecisonal informaton would tend to inhibst the open and frank enchange of ideas essential to the deliberative process. Where records are w& eld in their entirety, the facts are mentncably intertwmed mth the predecisonal mformaton. There also are no reasonably segregable factual portons because the release of the facts would permst an indsrect mquery mto the predecisenal process of the egencv. (EXEMPTION 51

6. The ethheld information is enempted from public disclosure because its d sclosure would result in a clearly unwarranted mvason of personal pnvacy. IEXEMPTION 68

7. The withheld info mation consists of investigatory records comoded for law enforcement purposes and is bemg withheld for the reason (s) indicated. (EXEMPTION 7)

Disclosure would interfere with an enforcement proceedmg because it could reveal the scope, directen, and focus of enforcement erforts. and thus could possibly allow them to take action to shield potential wrongdoing or a sciation of NRC requirements from eve,tigators (EXEMPTION 7d All Deciosure would conststute an unwarranted invas4on of personal pnvacy (EXEMPTION 7tCil The informat on consists of names of individuals and other informaton the declosure of which would reveal adentdties of confidental sources. IEXEMPTION 7(D1 PART II.C-DENYlNG OFFICIALS Pursuant to 10 CFR 9 9 and/or 915 of the U.S. Nuclear Regulatory Commason regulatons, it has been determined that the informaton wrthheld e enempt from producten or disclosure.

and that its production or desclosure a contrary to the public mterest. The persons responsible for the denial are those officials scentifed below as denying officials and the Director, Derson of Rules and Records. Office of Administraton, for any denials that may be appealed to the Executrve Director for Operatens IEDot DENYING OFFICIAL TITLE: OFFICE RECORDS DENIED APPELLATE OFFICIAL u

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PART 11 D- APPEAL RIGHTS Tho denial by each de tying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in eting and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to tbs Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearfy stsie on the envelope and in the letter that it is an "Appaa: from an initial FOIA Decision."

NRC FORM a64 IPert 21 c-asi U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

F01A-86-59 Appendix C Documents Already in the PDR i

1. Office of Investigations' Case No. Q4-85-007 was released in part

in response to your previous FOIA request, F01A-85-600 l

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> c Appendix D Document Being Placed in PDR & LPDRs

1. 1/15/86 Memo from Stello to Hayes, subject: Wolf Creek Q1 Program (1 page) i r

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i F01A-86-59 Appendix E Documents Being Withheld in Part*

• 1. Undated Handwritten note (1 page) [ Portions being withheld pursuant to Exemption 7(C)]

2. Undated Case Control Log (2 pages) [ Portions that are deleted are outside the scope of the request]

• Releasable portions are being placed in PDR & LPDRs

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F01A-86-59 Appendix F Documents Being Withheld in Their Entirety

1. 9/27/84 Memorandum, J. E. Cummins to L.E. Martin, subject: " Allegation concerning disposal of weld rod material." (1 page)

(Exemption 7(A))

2. 11/27/84 Memorandum from T. F. Westerman to Jane Axelrad, subject: "KG&E's October 23, 1984, Letter," (1 page), w/ attach. , undated letter, Taylor to Koester, draft of reference to 84-22 report. (2 pages) (Exemption 7(A))

3. 8/15/85 Letter from named individual to Regional Director, NRC, re laxity of NRC enforcement at Wolf Creek. (1 page) (Exemption 7(A))

4. 9/23/85 Allegation Review, case number 4-85-A-094, subject: improper rad liquid dump, contaminated mat storage, valve welding & signoff, incorrect rad practices. (1 page) (Exemption 7(A))

5. 9/23/85 Allegation Data Input Form, Wolf Creek allegaticr. on four concerns. (1 page) (Exemption 7(A))

6. 9/27/85 Utility memorandum, subject: "NRC Questions Concerning Discarded Weld Filler Materials," (1 page) w/ attach., facsimile transmittal sheet, Cumins to Martin (1 page) (Exemption 7(A))

7. 10/1/85 Memorandum from J. E. Cummins to L. E. Martin, subject: " Allegation-Document Control at WCGS," (1 page), w/ attach., facsimile trans-mittal sheet, Cummins to Martin. (1 page) (Exemption 7(A))

8. 10/4/85 Allegation Review, case number 4-85-A-102, subject: " Mismanagement of QA vault records." (1 page) (Exemption 7(A))

9. 10/4/85 Allegation Review, case number 4-85-A-100, subject: " Improper disposal of weld rod material." (1 page) (Exemption 7(A))

10. 10/7/85 Letter, Mark Emerson to named individual, subject: RIV-85-A-0102, (2 pgs), w/ attach., receipt for certified mail. (1 page)

(Exemption 7(A))

11. 10/7/85 Allegation Data Input form, re Wolf Creek allegation, vault documents. ( 1 page) (Exemption 7(A))

12. 10/7/85 Allegation Data Input form, Wolf Creek allegation re disposal of weld rods. (1page) (Exemption 7(A))

13, 10/10/85 Letter from named individual to M. Emerson, re information from contact. (1page) (Exemption 7(A))

F0IA 86-59 Appendix F (con't)

14. 10/15/85 Memorandum from D. A. Powers to R. P. Denise, subject:

"01 Investigation on Wolf Creek." (1 page) (Exemption 7 (A))

15. 10/21/85 Memorandum from D. A. Powers to R. P. Denise, subject:

"01 Inquiry on Wolf Creek." (1 page) (Exemption 7(A))

16. 10/23/85 Allegation Data Input form, re information from Kansas State Commission office. (1page) (Exemption 7(A))

17. 10/23/85 Handwritten note, number 4-85-A-94. (1 page) (Exemption 7(A))

18. 10/24/85 Allegation Review form, case number 4-85-A-109, subject:

" Radioactive water allegedly released in cooling lake."

(1 page) (Exemption 7(A))

19. 10/25/85 Letter from M. Emerson to named individual, subject: " Alleged Release of Radioactive Release of Radioactive Water Into Cooling Lake at Wolf Creek (4-85-A-109), (1 page), attaching receipt for certified mail. (1 page) (Exemption 7(A))

20. 10/31/85 Handwritten note, allegers phone number, etc. (1 oage)

(Exemption 7(C))

21. 11/15/85 Handwritten note, Dale to Bob, (1 page), w/ attach. memorandum from L. Martin to P. O'Connor, subject; " Region IV Response to GAP 2.206 Petition Pertaining to Wolf Creek Generating -

Station," (1 page), w/ attach., Comment and Response regarding Wolf Creek Generating Station (draft, 8 pages) (Exemption 5)

22. 12/19/85 Memorandum from R. Martin to R. Herr, subject: " Kansas Gas and Electric Company (Wolf Creek) Q1 Program.: (2 pages)

(Exemption 5) i i

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F01A-86-59 Appendix G Documents Being Withheld in Their Entirety Three Office of Investigations' cases (4-85-011, 4-85-012, and 4-85-013),

which occurred during the requested time period, relate to an ongoing investigation, and are being withheld pursuant to Exemption 7(A) i f

January 27, 1986 nucear owareness networc 1347%massochusetts lauxence, kansas 66044 .(913)749-164 0 FREEDOM OF INFORMATION Director ACT REQUEST Office of Administration ,

US Nuclear Regulatory Commission Washington, D.C. 20555

[0IA-[4 N h h /~)f-b FREEDOM OF INFORMATION ACT REQUEST To Elhom It May concern:

Pursuant to the Freedom of Information Act, U.S.C. 522, as amended, the Nuclear Awareness Network requests the following documents regarding the Wolf Creek Nuclear Generating Plant.

Please consider " documents" to include reports, studies, test results, correspondence, memoranda, meeting notes, meeting minutes, working papers, graphs, charts, diagrams, notes an'd summaries of conversations and interviews, computer records, and any other forms of written communication, including inter-nal NRC staff memorands. The documents are specifically re-quested from, but not limited to, the following offices of the NRC: Office of Analysis and Evaluation of Operational Data (AEOD); Office of Nuclear Reactor Research (NRR); Office of Nuclear Regulatory Research (Research); Office of Inspection and Enforcement (I&E); Office of Investigations (OI); Generic Issues Branch of the Division of Safety Technology, and the Operating Reactors Branches of the Division of Licensing.

l In your response, please identify which documents correspond to which requests below.

Pursuant to this request, please provide all documents prepared or utilized by, in the possession of, or routed tFrough the NRC related to the Wolf Creek Nuclear Generating Plant:

1) Any and all information within the Office of Investigation's cases regarding investigations which have occurred and/or closed within the time frame of August 20, 1985 and the receipt of this letter. This request extends to any and all documents from any other NRC offices which may have been in-volved in any way, or have information pertaining to any OI cases, i 2) Any and all Quality First files, or portions of files, within l the NRC's control arid or possession.

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L(he , g t e n l e i V T L/ T O f f

If sny of the materici covered by this request has been des-troyed and/or mentation, removed, including butplease provide all surrounding docu-not limited to a description of the action (s) the actions.

taken, relevant date(s), and justification (s) for For any documents or portions that you deny due to a specific FOIA exemption, the documents orplease provide portions an indexwithheld.

of documents itemizing and describing The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is rele-vant 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).

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

response to this FOIA be We further placed in request that aLocal the 1(ansas copyPubl ofic Docume nt Roo ms (LPDRs).

Sincerely,

/ $W Stevi Stephens s

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