ML20205D630

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Final Response to FOIA Request for Documents Re Restart of Facility.Forwards App K Documents.Documents Also Available in Pdr.Apps L & M Documents Completely or Partially Withheld (Ref FOIA Exemptions 5,6 & 7)
ML20205D630
Person / Time
Site: San Onofre Southern California Edison icon.png
Issue date: 09/26/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Bell N
NUCLEAR INFORMATION & RESOURCE SERVICE
Shared Package
ML20205D636 List:
References
FOIA-84-885 NUDOCS 8510170048
Download: ML20205D630 (14)
v • d • e


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\,,,, / oN SEP 2 61985 Ms. Nina Bell, Assistant Director Nuclear .aformation and Resource Service 1616 i Street, NW, Suite 160 IN RESPONSE REFER Washisgton, DC 20036 TO F01A-84-885

Dear Ms. Bell:

This is in final response to your letter dated November 28, 1984, in which you requested, pursuant to the Freedom of Information Act (FOIA),

documents related to the restart of the San Onofre Nuclear Generating Station, Unit 1.

The documents identified on enclosed Appendix K are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-84-885 in your name.

The documents identified on enclosed Appendix L are being withheid in whole or in part. The information being withheld pursuant to Exemption (7)(A) consists of investigatory records compiled for law enforcement purposes the release of which would interfere with an ongoing enforcement proceeding.

Release of this information could allow those being investigated to learn the scope, direction, and focus of investigatory efforts, and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. This information is being withheld from public disclosure pursuant to Exemption (7)(A) of the F0IA (5 U.S.C. 5552(b)(7)(A)) and 10 CFR 9.5(a)(7)(i) of the Comission's regulations. The information being withheld pursuant to Exemptions (6) and (7)(C) is personal information the disclosure of which would constitute an unwarranted invasion of personal privacy. This infonnation is being withheld from public disclosure pursuant to Exemptions (6) and (7)(C) of the F0IA (5 U.S.C. 5552(b)(6) and (7)(C)) and 10 CFR 9.5(a)(6) and (a)(7)(iii) of the Commission's regulations. The information being withheld pursuant to Exemption (5) consists of drafts containing the preliminary advice, opinions, and recomendation of members of the staff, or documents between the Office of the General Counsel and the Office of Investigations which are confidential communications prepared as part of the attorney-client relationship. Release of this type of information would tend to inhibit the frank and candid exchange of information in future deliberations and thus would not be in the public interest. This information is being withheld from public disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 5552(b)(5)) and the Commission's regulations at 10 CFR 9.5(a)(5). The releasable portions of documents 4, 9, 14, 127, and 128 are being placed in the PDR.

8510170048 850926 PDR FOIA BELL 84-885 PDR

. . . __ =

Ms. Nina Bell The documents identified on enclosed Appendix M are being withheld in whole or in part. The info nation being withheld pursuant to Exemption 5 consists of the predecisional analyses, opinions, and recomendations of the Comissioners, and between the Comissioners and their staffs on the restart of the San Onofre Unit I nuclear power plant. Because the infonnation reflects the predecisional process in comunications among the Comissioners, and between the Comissioners and their staffs, the information is exempt from mandatory disclosure pursuant to Exemption (5) of the F0IA (5 U.S.C. 9552(b)(5))

and the Comission's regulations,10 CFR 9.5(a)(5). Release of the information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. There are no reasonable segregable factual portions because release of the facts would permit an indirect inquiry into the predecisional process of the agency. The document being withheld pursuant to Exemption (7)(A) contains information the release of which would interfere with an ongoing enforcement proceeding. Release of this information could allow those being investigated to learn the scope, direction, and focus of investigatory efforts, and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. The document is being withheld from public disclosure pursuant to Exemption (7)(A) of the F0IA (5 U.S.C. 5552(b)(7)(A) and 10 CFR 9.5(a)(7)(1) of the Comission's regulations. The releasable portions of documents 1, 3, and 4 are being placed in the PDR.

Pursuant to 10 CFR 9.15 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 person responsible for the denial of the documents on Appendix L is Mr. Ben B. Hayes, Director, Office of Investigations. The person responsible for the denial of the documents on Appendix M is Mr. John C. Hoyle, Assistant Secretary of the Comission.

This denial may be appealed to the Secretary of the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

This completes NRC action on your request.

Sincerely,

. M. Felton, Director Division of Rules and Records Office of Administration j

Enclosures:

As stated l

l

+: . .. . . .1 s

Re: F01A-84-885 APPENDIX K Documents Being Released

1. 08/19/82 Facsimile Transmittal Request from Jankoff to Fortuna. (1 page)
2. 09/29/83 Memo from Hayes to Palladino,

Subject:

Notification of Opening of 01 Investigations. (1 page)

3. 05/25/84 Memo from Dircks to Various Addressees,

Subject:

Actions for Plants with Near Term Licensing Activity. (3 pages)

4. 05/30/84 Memo from Denton to Various Addressees,

Subject:

Actions for Plants With Near Term Licensing Activity. (2 pages)

5. 06/07/84 Memo from Cunningham to Denton,

Subject:

Actions for Plants With Near Term Licensing Activity. (1page)

6. 06/08/84 Memo from DeYoung to Denton,

Subject:

Actions for Plants With Near Term Licensing Activity. (2 pages)

7. 06/15/84 Note from C. Grimes,

Subject:

Licensing Schedule and Resource i

Estimates - San Onofre 1. (2 pages)

8. 06/22/84 San Onofre 1 Allegations. (1 page)
9. 10/04/84 Memo from Cunningham to Cmrs. Assts., with attachments.

(70 pages)

10. 10/29/84 San Onofre Unit 1 Status 10/29/84. (2 pages)
11. 11/14/84 Memo from Fraley to Palladino,

Subject:

ACRS Consideration of Seismic Design Features of the San Onofre Nuclear Power Plant, Unit 1. (1 page) i l

4

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Re: F0!A-84-8d5 APPENDIX L ,

DOCUMENTS BEING WITHHELDzIN WHOLE-OR'IN PART' Description F0IA Exemption l- Case Chronology for Case 5-83-003, 7A main case file

2. Investigation Status Record 7A
3. Memorandum dated January 21, 1983 7A from R. C. DeYOUNG, NRC, to J. A. FITZGERALD, NRC Re: Transfer of Investigative Responsibility
4. Memorandum to case file by 7A*
0. C. SHACKLETON Jr., NRC, dated September 28, 1983, Re: Closing of Inquiry QS-83-006 and opening of Case 5-83-003
5. Four (4) business cards of individuals 7A involved and/or contacted in Case 5-83-003
6. Memorandum dated July 1,1983 from 7A SHACKLETON to P. E. BACI, NRC, Re:

Investigative Matters Pending at SONGS (two pages)

7. Memorandum dated August 18, 1983 from 7A B. B. HAYES, NRC, to H. R. DENTON, NRC, Re: San Onofre Investigation, Case 5-83-003
8. Memorandum dated April 20, 1983 7A from R. E. JACKSON, NRC, to J. P. KNIGHT, NRC, Re: SONGS, Unit 1, with attached letter
9. Memorandum dated April 28,1983 from 7A*

HAYES, HRC, to E. G. CASE, NRC; I J. P. KNIGHT, NRC; and F. MIRAGLIA, Jr. NRC, Re: San Onofre Unit 1, Case QS-83-006, with attached memorandum to file by P. V. J0UK0FF, NRC, dated April 6, 1983 Re: San Onofre, Unit 1

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Re: FOIA-84-885 APPENDIX L

10. Memorandum dated April 27, 1983 from 7A HAYES, NRC, to DENTON, NRC, Re:

Investigation Concerning SCE and SONGS, Unit I

11. Memorandum dated May 2,1983 from 7A CASE, NRC, to HAYES, NRC, Re: SONGS Unit 1
12. Memorandum dated July 13, 1983 from 7A DENTON, NRC, to HAYES, NRC, Re:

Request for Investigation Concerning SONGS, Unit 1

13. Memorandum dated October 19, 1983 from 7A, 5 FITZGERALD, NRC, to HAYES, NRC, Re:

Office of General Counsel Legal Opinion Concerning SONGS, Unit 1

14. Memorandum dated May 30, 1984 from 7A*

CHAFFEE, NRC, to KIRSCH, NRC, Re: Manpower for SONGS Unit 1 Investigation

15. Memcrandum dated July 26, 1984 from 7A R. G. GILBERT, NRC, to J. BLAHA, NRC
16. Memorandum dated July 25, 1984 from 7A DENTON, NRC, to R. B. MIN 0GUE, NRC, Re: Technical Support to 01 for SONGS Unit 1 Investigation
17. Memorandum dated August 2, 1984 from 7A J0VK0FF, NRC, to K. HAMILL, NRC
18. Memorandum dated August 8,1984 from 7A MIN 0GUE, NRC, to DENTON, NRC
19. Handwritten notes of J00K0FF, NRC, 7A dated August 14, 1984
20. Handwritten notes of J00KOFF, NRC, 7A dated August 14, 1984 re: Meeting, same date, at SCE corporate offices 7A
21. Memorandum dated November 8, 1984 from SHACKLETON, NRC, to J. R. SINCLAIR, NRC, Re: SONGS Unit 1, Status of Investigation

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Re: F01A-84-885 APPENDIX L 7A

22. 1 page of " Nuclear Legislation through the .Ninety-Sixth Congress, Second Session" Letter dated November 7, 1984 7A 23.

to J00E0FF, NRC Letter dated November 19, 1984 from 7A 24.

J0VK0FF, NRC, Re: Transmittal of Documents Supplied by SCE Memorandum dated November 27, 1984 7A 25.

from J00K0FF, NRC, to M. CARRINGTON, NRC Letter dated December 3, 1983 from 7A 26.

CARRINGTON, NRC

27. Letter from J0VK0FF, NRC, Re: Transcript 7A of Interview of K. P. BASKIN, SCE Facsimile transmittal dated December 5,1984 7A 28.

from GRIMES, NRC, to JOUKOFF, NRC Letter dated December 10, 1984 from 7A 29.

J0VK0FF, NRC, Re: Transcript of November 5, 1984 Meeting Letter dated December 10, 1984 7A 30.

Copy of 3 pages of Inside N.R.C. 7A 31.

Memorandum dated December 11, 1984 7A 32.

from GRIMES, NRC, to J00KOFF, NRC Letter dated December 12, 1984 7A 33.

to-J0VK0FF, NRC, Re: SONGS Unit 1 Letter dated December 14, 1984 from 7A 34.

CARRINGTON, NRC Telephone Conversation Record dated 7A 35.

June 13, 1984 of conversation between A. D'ANGELO, NRC, CHAFFEE, NRC, and J0VK0FF, NRC, Re: SONGS Unit 1 Investigation, Case 5-83-003 Notes of' meeting on June 14, 1984 7A 36.

between SHACKLETON, NRC, and J0VKOFF, NRC, Re: SONGS Unit 1 Investigation

Re: F01A-84-885 APPENDIX L

37. Telephone Conversation Record dated 7A July 19, 1984 of conversation between T. W. 81 SHOP, NRC, D'ANGELO, NRC, CHAFFEE, NRC, and J0VK0FF, NRC
38. Telephone Conversation Record dated 7A July 30, 1984 of conversation between D. GUZY, NRC, and J00K0FF, NRC
39. Notes of meeting on August 1, 1984 7A between SHACKLETON, NRC, and J00K0FF, NRC
40. Telephone Conversation Record dated 7A, 7C, & 6 October 29, 1984
41. Telephor,a Conversation Record dated 7A October 29, 1984
42. Telephone Conversation Record dated 7A, 7C, &

October 29, 1984

43. Telephone Conversation Record dated 7A October 29, 1984
44. Telephone Conversation Record dated 7A November 8, 1984 of conversations between C. SPAGNOLI, NRC, and SHACKLETON, NRC; and between HAYES, NRC, and SHACKLETON, NRC
45. Telephone Conversation Record dated 7A December 3,1984 of conversation between GUZY, NRC, and J0VK0FF, NRC
46. Telephone Cc'versation Record dated 7A January 2,1985
47. Case chronology for Volume I 7A of Case 5-83-003
48. Undated handwritten notes of 7A J0VK0FF, NRC, Re: SONGS Unit 1 Investigation, Case 5-83-003
49. Licensee document 7A
50. NRC letter to licensee 7A
51. Licensee letter 7A
52. Licensee letter 7A

.. Re: FOIA-84-885 APPENDIX L

53. Licensee letter 7A
54. NRC document 7A
55. Licensee letter 7A
56. Licensee letter 7A
  • ' i 57. Licensee letter 7A
58. Licensee letter 7A
59. Case Chronology for Case 5-83-003, 7A Volume II
60. Licensee letter 7A
61. Letter to Licensee 7A
62. Licensee letter 7A
63. Licensee letter 7A
64. Memorandum dated May 6,1982 from 7A RUSSELL, NRC, to LAINAS, NRC
65. Memorandum dated May 7,1982 from 7A W. DIRCKS, NRC, to PALLADINO, NRC
66. A listing of the Office of Nuclear 7A Reactor Regulation (NRR) staff -

associated with the SONGS Unit 1

67. Memorandum dated May 13, 1982 from 7A DENTON, NRC, to FITZGERALD, NRC, Re: SONGS Unit 1 Request for Investigation
68. A copy of one page "Inside N.R.C." and 7A one page containing two newspaper articles
69. Memorandum dated May 19, 1982 from 7A J. SNIEZEK, NRC, to R. DeYOUNG, NRC, Re: Meeting with NRR Regarding the Request for Investigation Concerning SONGS, Unit 1
70. . Case Chronology for 5-83-003 7A supporting documents, Volume III
71. Transcript of technical meeting 7A
72. Undated draft memorandum (2 versions) from 7A, 5 DeYOUNG, NRC, to JORDAN, NRC,'and FORTUNA, NRC, Re: Tasking Memorandum Regarding SCE Inquiry

R2: F01A-84-885 APPENDIX L

73. Memorandum dated June 2,1982 from 7A DeYOUNG, NRC, to J0RDAN, NRC, and FORTUNA, NRC, Re: Tasking Memorandum Regarding SCE Inquiry
74. NRC document 7A
75. Letter to Licensee 7A
76. Handwritten notes of JOUKOFF, NRC, 7A dated June 16, 1982
77. Finalized results of interview 7A dated June 16, 1982 by JOUKOFF, NRC
78. Finalized results of interview 7A dated June 16, 1982 by J0VK0FF, NRC
79. Finalized results of interview 7A dated June 16, 1982 by J0VK0FF, NRC
80. Handwritten notes of J0VK0FF, NRC 7A dated June 17, 1982
81. Finalized results of interview 7A dated June 17, 1982 by J0VK0FF, NRC
82. Handwritten notes of J0VK0FF, NRC, 7A dated June 17, 1982
83. Finalized results of interview 7A dated June 17, 1982 by JOUK0FF, NRC
84. Finalized results of interview 7A dated June 17, 1982 by J0VK0FF
85. ' Routing and transmittal slip dated .7A, 5 August 6,1985 with draft memorandum, undated, from DeYOUNG, NRC, to DENTON, NRC, Re:

Request for Investigation Memorandum of May 13,1982 Concerning SONGS, Unit 1

86. Draft memorandum, undated, from 7A, 5 DeYOUNG, NRC, to DENTON, NRC, Re: Request for Investigation Memorandum of May 13, 1982 Concerning SONGS Unit 1

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Re: F01A-84-885 APPENDIX L

87. Case Chronology for 5-83-003 7A Supporting Documents, Volume IV
88. Petition 7A, 7C, & 6
89. Letter from an individual 7A
90. NRC document 7A
91. Memorandum dated March 2,1982 from 7A DENTON, NRC, to REMICK, NRC, with attachments
92. Memorandum dated May 7, 1982 from 7A DIRCKS, NRC, to PALLADINO, NRC, et al.
93. Memorandum dated August 11, 1982 from 7A DIRCKS, NRC, to PALLADINO, NRC, et al.,

with attachments

94. Memorandum dated September 16, 1982 7A from MALSCH, NRC, to PALLADINO, NRC
95. Four (4) pages copied from the 7A American Society of Mechanical Engineers Code
96. Undated handwritten notes received 7A from RUSSELL
97. Memorandum dated May 6,1982 from 7A RUSSELL, NRC, to LAINAS, NRC
98. Case Chronology for Volume V of 7A Case 5-83-003
99. First draft report dated 7A, 5 September 5, 1984 100. Second draft report dated 7A, 5 September 25, 1984 4

101. Handwritten note to Phil dated 9/29/84 7A 102. Memorandum dated October 12, 1984 7A from GUZY, NRC, to J0UK0FF, NRC, Re:  !

SONGS 1 Investigation l 103. Licensee document 7A 104. Bound document: Final Report dated 7A October 4, 1984

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Re: F0TA-84-885 APPENDIX L 105. Bound document: Transcript 7A 106. Case Chronology for Volume VI of 7A Case 5-83-003 107. Memorandum dated October 31, 1984 7A from GRIMES, NRC, to J0VK0FF, NRC, Re: Comments on SONGS Unit 1 108. Licensee document 7A 109. A copy of 4 pages from SONGS Unit 1 Technical 7A Specifications 110. Licensee document 7A 111. NRC document 7A 112. Draft revised report dated November 30, 1984 7A, 5 113. Bound Document: Transcript of 7A intervew 114. Bound Document: Final report 7A dated December 19, 1984 115. Memorandum to Chairman Palladino, 7A et al., from B. B. Hayes re: San Onofre Nuclear Generating Station Unit 1, dated 10/25/84 116. Handwritten notes 7A 117. Annotated version of SECY-84-360 7A 118. Memo to File from B. B. Hayes dated 11/9/84 7A 119. Fax of a draft letter to the licensee 5, 7A 120. Memo to H. H. E. Plaine from B. B. Hayes 5, 7A re: Request for a legal opinion dated 4/27/83 121. Memo to File from P. Joukoff 7A 122. Memo to B. B. Hayes from E. G. Case 7A 123. Memo to H. R. Denton from B. B. Hayes 7A dated 6/24/83 124. Memo from 0. C. Shackleton, Jr. , to P. V. 7A Joukoff l

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Re: F01A-84-885 '

o . .

APPENDIX L ,

125. Memo from 0. C. Shackleton to J. R. Sinclair 7A dated 11/5/84 126. Handwritten notes by B. B. Hayes 7A 127. Licensing Activities Schedule for Restart of 7A*

San Onofre Nuclear Generating Station Unit No.1 128. Licensing Activities Schedule for Restart of 7A*

San Onofre Nuclear Generating Station Unit No.1, Revision 1, dated August 31, 1984 4

t 1

i NOTE: The documents listed ful' owed by an asterisk (*) indicate that the document has been withheld in part I

Re: F0IA-84-885 APPENDIX M Documents Being Withheld In Whole Or In Part

1. 11/16/84 Memo from S. J. Chilk, SECY, to N. J. Palladino, " San Onofre, Unit 1 -- Need for ACRS Technical Views (COMNP-84-47)" - Release cover memo, attachments being withheld under Exemption 5:

A. 11/14/84 Memo from R. F. Fraley, ACRS, to N. J. Palladino, "ACRS Consideration of Seismic Design Features of the San Onofre Nuclear Power Plant, Unit 1," with Handwritten comments to F. Bernthal and typed comments of N. J. Palladino. (1 page)

8. Undated Unsigned table depicting votes of COMNP-84-47.

(1 page)

2. 09/16/83 Memo from S. J. Chilk For The Record, " Staff Requirements -

Discussion /Possible Vote for Full Power Operating License for San Onofre-3,10:00 a.m. , Friday, September 16, 1983, Commissioners' Conference Room, D.C. Office (Closed Portion --

Ex. 5 and 7)." (1 page) Withheld - Exemption 7(A).

3. 11/16/84 Memo from S. J. Chilk to Cmrs., " Briefing and Discussion on Issues in Operation of San Onofre Unit 1, 9:30 a.m., Wednesday, November 21, 1984 (0 pen)" - Release cover memo, attachments being withheld under Exemption 5:

A. 11/16/84 Memo from S. J. Chilk to Cmrs., " San Onofre Unit 1." (1 page)

B. 11/16/84 Memo from F. Bernthal to S. J. Chilk,

" San Onofre Unit 1." (1 page)

C. 11/16/84 Memo from S. J. Chilk to Cmrs., " San Onofre Unit 1," with handwritten vote of J. K. Asselstine. (1 page)

D. 11/16/84 Memo from S. J. Chilk to Cmrs., " San Onofre Unit 1," with handwritten vote of N. J. Palladino. (1 page)

E. Undated Unsigned, summary of votes of Cmrs. Roberts and Zech. (1page) e r , -- , e v.

Re: F01A-84-885 APPENDIX M (CONTINUED)

4. 11/15/84 Memo from S. J. Chilk to N. J. Palladino, " Decision Regarding Restart of the San Onofre Generating Plant, Unit 1 (COMNP-85-45)," - Release cover memo, attachments being released - withheld as follows:

A. 11/07/84 Memo from J. K. Asselstine to N. J. Palladino, "COMNP-84-45, San Onofre 1 Restart." - Release.

B. 11/08/84 Memo from F. Bernthal to N. J. Palladino,

"(COMNP-85-45) -- Decision Regarding Restart of the San Onofre Generating Plant, Unit 1."

(2 pages). Withheld - Exemption 5.

C. 11/08/84 Memo form L. W Zech to N. J. Palladino,

"(COMNP-85-45), November 7, 1984 - Decision Regarding Restart of the San Onofre Generating Plant, Unit 1." (1 page) - Withheld -

Exemption 5.

D. 11/08/84 Memo from T. M. Roberts to Cmrs., " Proposal for Restart of San Onofre 1." (2 pages) - Withheld -

Exemption 5.

E. 11/15/84 Memo from S. J. Chilk to Cmrs., " Commissioner Bernthal's Proposal Regarding Coordination with the ACRS," COMSECY-84-1. (1 page) - Withheld -

Exemption 5. (Attachment is 11/08/84 F. Bernthal Memo, See Item 4.B. Above).

F. 11/15/84 Memo from S. J. Chilk to Cmrs., " Commissioner Roberts' Proposal Regarding Analysis of Use of Confirming Orders," COMSECY-84-2. (1 page) -

Withheld - Exemption 5. (Attachmentis 11/08/84 T. M. Roberts Memo, See Item 4.D. Above).

G. 11/15/84 Handwritten Note from J. Hoyle to S. J. Chilk ,

summarizing action on COMNP-85-45, COMSECY-84-1 and COMSECY-84-2. (2 pages) - Withheld -

Exemption 5.

H. 11/07/84 Memo from N. J. Palladino to Cmrs., " Decision Regarding Restart of the San Onofre Nuclear Generating Plant, Unit 1," COMNP-84 Release.

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\ucear n"ormation anc Resource Service 1346 Connecticut Avenue NW 4th Floor. Washington, D.C. 20036 (202) 296-7552 November 28, 1984 James M. Felton, Director Division of Rules and Records Office of Adminstration FREEDOM OF INFORMATK)N U.S. Nuclear Regulatory Commission ACT REQUEST Washington, D.C. 20555 [O7A-//_[/g FREEDOM OF INFORMATION ACT REOUEST GC h //-2,9-/

Dear Mr. Felton:

Pursuant to the Freedom of Information Act, 5 U.S.C. 522, as amended, the Nuclear Information and Resource Service requests the following documents regarding San Onofre Nuclear Generating Station Unit 1 (SONGS-1). Please consider " documents" to include reports, studies, test results, correspondence, memoranda, meeting notes, meeting minutes, working papers, graphs, charts, diagrams, notes and summaries of conversations and interviews, computer records, and any other forms of written communication, including internal NRC Staff memoranda. The documents are specifically requested from, but not limited to, the Office of the Executive Legal Director (OELD); Office of Nuclear Reactor Regulation (NRR); and the Office of the General Counsel (OGC).

Pursuant to this request, please provide all documents prepared or utilized by, in the possession of, or routed through the NRC related to:

1. The legal and technical questions, analyses and opinions of the NRC Staff and NRC attorneys in OELD and OGC regarding the restart of SONGS-1, in particular documents which address the matter of restart prior to 100% completion of seismic upgrades;
2. The Commission's November 21, 1984 decision to allow the restart of operation of the San Onofre Nuclear Generating Station Unit 1 including particularly all memoranda, draft and final, written by the OGC; and
3. Communications (written or oral) of Southern California Edison Company, the licensee, with the NRC Staff and the Commissioners prior to the Commission meeting on November 21, 1984 that concern restart of construction prior to 100% completion of seismic upgrades.

In our opinion, it is appropriate in this case for you to waive search charges, pursuant to 5 U.S.C. 552 (a) (4) ( A) "because a h f. 4 O sh 1 11 %

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furnishing the information can be considered as primarily benefiting the general public." The Nuclear Information and Resource Service is a non-profit organization serving local organizations concerned about nuclear power and providing infor-mation to the general public. Information required by 10 CFR 9.14a was provided by letter dated August 3, 1984. NIRS is requesting this legal and technical analysis done by or for the NRC Staff and the Commissioners for the purpose of assessing the legality of the Commission's decision to allow restart of SONGS-1. The documents requested will be provided to concerned citizens and interested media. If there are any questions regarding a fee waiver in this case I request immediate notification of same.

Sincerely.,

4e Nina Bell Assistant Director cc: File d

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