ML20214K517

Responds to FOIA Request for Documents Re Preliminary Enforcement Conference W/Util.App B Documents Available in Pdr.Forwards App C Documents.Documents in App D Completely Withheld (Ref FOIA Exemption 5)

ML20214K517
Person / Time
Site:	Fermi
Issue date:	11/20/1986
From:	NRC OFFICE OF ADMINISTRATION (ADM)
To:	Puntenney J SAFE ENERGY COALITION OF MICHIGAN
Shared Package
ML20214K520	List: IA-86-370, Forwards Enforcement Conference Outline,Util Nuclear Operations Improvement Plan,Slides on Nuclear Operations Improvement Plan & Slides on Jul 1985 Rod Pull Error from 860509 Preliminary Enforcement Conference ML20214K517 ML20214K533
References
FOIA-86-370 NUDOCS 8612020331
Download: ML20214K517 (5)

Text

U.S. NUCLEAR CEIULATORY COMMISSION

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(e..e/ s INFORMATION ACT (FOIA) REQUEST NOV 2 0126 DOCKET NUMBERIS:Ur aspecebe W Wr kti $_0 W TJ PART I.-REMDE RELEASED OR NOT LOCATED tSee l checked bomes!

No agency records subsect to the request have been located.

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

Agency records subsect to the request that are identifeed in Appeie M are already ava lable for public inspecten and copying in the NRC Public Docurnent Room, 1717 H Street, N W., Washington, DC.

Agency records subsect to the request that are identifed in Appendia C. are beiry made available for public inspection and copying in the NRC Public Document Coom,1717 H Street, N.W.. Washington, DC, in a folder under this FOIA number and requester name The nonproprietary version of the proposalts) that you agreed to accept in a telephorse corwersation with a member of my staff is now being made avaiable for public in6 pecten and coying at the NRC Public Document Room,1717 H Street. N W , Washington, DC, m a folder under the FOI A number and requester name.

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

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

Records subject to the request have been referred to another Federal agency 0es) for revew and direct response to you.

In view of NRC's response to this request, no further action is being taken on appeal letter dated PAHT II.A-lNFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton m the requested records is being withheld from public disclosure pursuant to the FOIA esemptions described in and for the reasons stated in Part il, see tions 8. C, and D. Any released portions of the documents for which only part of the record a being withheld are being made avadable for public inspection and copying in the NRC Public Document Room,1717 H S'.reet, N.W., Washmgton, DC, in a folder unds this FCIA numoer and requester name.

Comments SIGgf E, DIRECTOR. De 1Sr OF RU .DRECORDS CN w / shy i

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8612O20331 861120 PDR

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. PUNTENN.B6--370 PDR NIC FKM 464 (Part H

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FREEDOM OF INFOZMATION ACT RESPONSE FOIA NUMBET.lSL j DATE:

PART 18 B- APPLICf,BLE FOIA EXEMPTit NS Records subject to the request that are desenbed in the enclosed Appendices are being wthheld in their entirety or in part under FOIA Exemptions and for the ree:;ons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 Sta) of NRC RegJations.

1. The w;thheld mformahon is properfy classAed pursuant to Executive Order 12356 (EXEMPTION Il

2. The wthheid information relates solely to the internal personnel rules and procedures of NRC (EXEMPTION 2)

3. The wthheld informanon e specifically exempted from pubic disclosure by statute indicated. (EXEMPTION 3)

Secten 141145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerfy Restncted Data (42 U.S.C. 21612165L Secten 147 of the Atome Energy Act which prohituts the declosure of Unclassifed Safeguards Informaton (42 U S C. 2167).

4. The wthheld information e a trade secret or commercial or financial mformation that is bemg withheld for the reasoas) indicated: IEXEMPTION 4)

The information is considered to be cor fidential busmess (proprietary) information.

The informaton is considered to be propnetary informaton pursuant to 10 CFR 2390(dsitL The information was submetted and received in confidence from a foreign source pursuant to 10 CFR 2 790tdM2p

5. The withheld informaton consists of interagency or intraagency records that are not avai!able through discovery dureg Istigsten. Declosure of predecesonal informaten would tend to inhibit the open and franit exchange of ideas essentel to the deliberative process. Wheee records are ethheld in their entirety, the facts are inentncably intertwned wth the predecisenal informaten. There also are no reasonably segregable factual portions because the rewass of the facts would permit an endirect mquiry mto tne predecisenal process of the agency. (EXEMPTION 5)

6. The wthheld informanon a exempted from public disclosure because its disclosure would result m a clearfy unwarra ed invason of personal pnvacy. iEXEMPTION 6)

7. The withheld information consists of evestigatory records compaed for law enforcernent purposes and a being wtheeld for the reasonist indicated. (EXEMPTION 7)

Disclosure would interfere with an enforcement proceedmg because it could reveal the scope, directen, and focus of enforcemer't efforts, and thus could possibly allow them to take action to shield potential wrongdoing or a volation of NRC requirements from investsators (EXEMPTION 7(AH Osclosure would constitute an unwarranted invasion of personal pnvecy (EXEMPTION 7tCH The informaton consists of names of edividuals and other eformaron the disclosure of which would reveal idect es of confidential sources (EXEMPTION 710H PART 11 C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and 'or 915 of the U S. Nuclear Regulatory Commission regulatens it has been @termined that the info-aten wthheld is exempt from producten or disclosure, and that its producten or disclosure is contrary to the pubhc mterest. The persons responsible for the demal are those officias dentified below as denying officials and the Director.

Division of Rules and Records, Ottice of Administraten, for any denials that may be appealed to the Enecunve Director for Operatens (EDOI DENYING OFFICIAL TITLErOFFICE RECORDS DENIED APPELLATE OFFICIAL j .

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,,r- Y PART 11 D- APPEAL RIGHTS The denial by each denying official identifed in Part II.C may be appealed to the Appellate Officialidentified in that section. Any such appeal must be in writing 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 the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state ori the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

senc Fonu asa (Part 21 casi U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

Re: F01A-86-370 Appendix B

Document Already in the PDR

~1. 5/9/86 Letter from F.E. Agosti to J.G. Keppler, subject: Nuclear Operations Improvement Plan (13 pages) i J

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Re: F01A-86-370 Appendix C Documents Being Placed in the POR & LPDR*

1. 5/13/86 Note from M. Lynch to multiple addressees, subject: Preliminary Enforcement Conference with DEC0 Re: July 1985 Rod Pull Error (1 page) i 2. 5/9/86 Slides: Nuclear Operation Improvement Plan (25 pages)

3. 5/9/86 Enforcement Conference Presentation on the July 1-2, 1985 Out-of-Sequence Rod Pull Event (14 pages)

4. 5/9/86 Attendance list from 5/9/86 meeting (2 pages)

5. 5/9/86 Handwritten notes from 5/9/S6 meeting

• Documents are also being placed in the Local Public Document Room for Fermi, located at the Mcnroe County Library System, 3700 S. Custer Road, Monroe, MI 48161 o

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Re: F01A-86-370 Appendix D Documents Being Withheld in Their Entirety

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1. Undated Civil Penalty Package (Stello conference call, mid-April) (2 pgs)

2. 5/9/86 Enforcement conference press notes (3 pgs)

3. 9/19/85 Fermi 2 Premature Criticality Event of July 1, 1985 and Absence of Management Controls, Enforcement Board (14 pgs)

4. 5/8-13/85 Region III comments and annotations on Fermi 2 civil penalty package from T. Tambling to H. Wong (18 pages) i i

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