ML20128R098

Further Response to FOIA Request for Documents on Wolf Creek.Forwards App C Documents.Documents Also Placed in Pdr. Apps D & F Documents Withheld (Ref FOIA Exemptions 5 & 7). App E Documents Partially Withheld (Ref FOIA Exemption 7)

ML20128R098
Person / Time
Site:	Wolf Creek
Issue date:	06/03/1985
From:	Felton J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Stephens S NUCLEAR AWARENESS NETWORK
Shared Package
ML20128R100	List: ML20128R098 ML20128R140 ML20128R159 ML20128R189 ML20128R210 ML20129A017 ML20129A045 ML20129A088 ML20129A112 ML20129A128
References
FOIA-85-161 NUDOCS 8507270119
Download: ML20128R098 (7)

Text

TDR-0Uo

1. o g UNITED STATES

! n NUCLEAR REGULATORY COMMISSION

p WASHINGTON, D. C. 20555

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JUN 0 31985 Ms. Stevi Stephens Nuclear Awareness Network 1347) Massachusetts IN RESPONSE REFER Lawrence, KS 66044 TO FOIA-85-161

Dear Ms. Stephens:

This is in further response to your letter dated March 1, 1985, in which you requested, pursuant to the Freedom of Information Act (FOIA), copies of four categories of records regarding the Wolf Creek Nuclear Generating Plant.

The documents identified on enclosed Appendix C are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-161 in your name.

The documents identified on enclosed Appendix D are being withheld in their entirety. The documents contain the predecisional analyses, opinions, and recomendations of the Comissioners, and between the Comissioners and their staffs on issues in the Wolf Creek proceeding's. Because the documents reflect the predecisional process among the Comissioners, and between the Comissioners and their staffs, the documents are exempt from mandatory disclosure pursuant to Exemption 5 of the FOIA, (5 U.S.C. 9552(b)(5)), and the Comission's regulations 10 CFR 99.5(a)(5). Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. There are no reasonably segregable factual portions.

Portions of the documents identified on enclosed Appendix E are being withheld.

These documents contain information, the release of which would constitute an unwarranted invasion of personal privacy, and are being withheld from public disclosure pursuant to Exemption (7)(C) of the F0IA (5 U.S.C. 552(b)(7)(C))

and 10 CFR 9.5(a)(7)(iii). The releasable portions of these documents are -

being placed in the PDR.

The documents identified on enclosed Appendix F are being withheld in their entirety. Release of these investigatory records would interfere with an l ongoing special inspection on Wolf Creek. The documents are being withheld from public disclosure pursuant to Exemptions (7)(A) and (D) of the FOIA (5U.S.C.552(b)(7)(A)and(D))and10CFR9.5(a)(7)(i)and(iv).

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g 72 g 9 850603 STEPHEN 85-161 PDR

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Ms. Stephens l l

Pursuant to 10 CFR 9.9 and 9.15 of the Comission's regulations, it has been detennined that the infonnation withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public i interest. The persons responsible for the denial of the documents on Appendix E l and F are the undersigned and Robert D. Martin, Regional Administrator, Region l IV. The person responsible for the denial of the documents on Appendix D is 1 John C. Hoyle, Assistant Secretary of the Comission. l The denials by Mr. Martin and myself may be appealed to the Executive Director l for Operations within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Executive Director for Operations, 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." The denials by Mr. Hoyle may be appealed within 30 days to the Comission and should be addressed to the Secretary of the Comission.

The only remaining documents subject to your request are approximately three and one-half inches of documents in the Office of Investigations (01). It is my understanding, based upon discussions with 01, that the majority of these documents pertain to on-going investigations and will be withheld from public disclosure. OI expects to complete its response during the week of June 10, 1985.

I have also been informed that Mr. Hugh L. Thompson, Director, Division of Licensing, NRR, responded on May 20, 1985 to your letter to him of May 15, 1985, which was attached to your F0IA appeal, regarding the Wolf Creek Quality First Program.

Si erely,

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

Enclosures:

As stated

Appendix C Documents Being Released in Entirety

1. 04/06/84 Memo to Chairman and Commissioners from C. Kemmerer re:

April 6 Ltr. fr. Rep. Glickman on Wolf Creek (3 pages).

2. 04/13/84 Ltr. to N. Palladino from J. Carlin re: registering objection to the cancellation by the NRC of its Caseload Forecast Panel inspection of thw Rolf Creek Generating Station (2.pages).

3. 06/04/84 Ltr. to D. Glickman from N. Palladino re: April 13th letter (6 pages).

4. 06/05/84 Ltr. to D. Glickman from W. Dircks re: April,6 letter w/ attachments:

1. Ltr. to R. DeYoung dtd 3/19/84

2. Ltr. to J. Keppler and J. Collins dtd. 4/13/84

3. Ltr. to J. Keppler and J. Collins dtd. 5/10/84 (14 pages).

5. 01/09/85 Ltr. to N. Palladino from J. Dingell re: Structural welding at the Wolf Creek Generating Station (2 pages).

6. 01/23/85 Ltr. to J. Dingell from N. Palladino re: 1/9/85 letter w/ attach-ments:

1. Background Statement and Answers to Questions

2. Enforcement Action EA 84-107

3. Confirmatory Action Ltr. , dtd. 11/15/84 ~

4. KG&E ltr., dtd 12/7/84 - Supplemental Info. - Structural Steel Welding

5. KG&E ltr., dtd 12/31/84 - Enforcement Action 84-107 Response

6. Inspection Report 50-482/84-51

7. Inspection Report 50-482/84-22

8. SNUPPS ltr. dtd. 12/3/84, FSAR Requirements for Structural Steel Welding .

9. Structural and Geotechnical Engineering Branch SSER Input (Draft)

(13 pages).

7. 02/08/85 Ltr. to N. Palladino from J. Slattery re: NRC to meet with Kansas congressional delegation concerning NRC oversight of the Wolf Creek project (1 page).

8. 02/14/85 Ltr. to N. Palladino from numerous people re: Licensing of the Wolf Creek Electrical generating station (7 pages).

9. 03/05/85 Ltr. to N. Palladino from J. Carlin re: Wolf Creek (20 pages).

10. 03/11/85 Memo for Chairman and Comissioners from J. Asselstine re: Wolf Creek Low Power License (1 page).

11. 03/11/85 Ltr. to J. Carlin from W. Dircks re: March 5 letter (2 pages).

12. 03/11/85 Ltr. to J. Dingell from W. Dircks re: 1/9/85 letter (3pages).

13. 03/11/85 Ltr. to J. Slattery from W. Dircks re: 2/8/85 letter (3 pages).

14. 03/11/85 Ltr. to D. Glickman from W. Dircks re: 2/1/85 letter (2pages).

15. 03/11/85 Note to Chairman from Sandy re: Wolf Creek Letters (124 pages).

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Appendix D Documents Being Withheld

1. 01/23/85 Note from C. Reamer to J. Palladino re: Status of Wolf Creek and Waterford Proceedings," 1 page with copy of 7/2/84 ASLP Order attached which is already in the PDR.

2. 01/23/85 Briefing paper prepared for J. Palladir.o by his office, " Wolf CreekSignificantIssues,"(1page).

3. Undated Unsigned briefing paper in J. Palladino's office, " Wolf Creek:

Status of Licensing Issues." @ pages).

4. 01/18/85 Memo from C. Wisner to J. Fouchard, "Information for Chairman's Visit to Wolf Creek and Waterford 3."

5. 10/19/84 OI, " Investigations Status Report as of 10/29/84," 2 pages as

identified by N. Palladino's office.

~6. 01/31/85 Memo from F. Bernthal to S. Chilk, "COMJA-85-1." (1 page).

7. 01/07/85 Memo from L. Zech to S. Chilk (1 page).

8 .- 01/02/85.1 Memo from J. Asselstine to S. Chilk, regarding OI's December 24, 1984 Request for Commission Guidance Initiating Investigations at the

Wolf Creek Generating Station. (1 page).

9. 01/08/85 Memo from T. Roberts to B. Hayes, "0I's 12/24/84 Request for CommissionGuidance,"(2apges).

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Appendix E Documents Being Withheld in Part

1. 10/05/83 Interoffice Memo to Bill Johnson from H. Roberds/A. Smith re: Allegation (5pages).

2. 02/07/84 Note to W. Johnson from W. Schum re: Allegation - 2/7/84 -

11:50a.m.(1page).

3. 05/30/84 Information received by phone on 5/30/84 at 10:35 (1 page).

4. 06/01/84 Call to C. Blenshout from W. Johnson (1 page).

5. 02/09/85 Handwritten note re: 4-83-A-79(1page).

6. 02/05/85 Ltr. to K. Rowell from L. Martin re: NRC Inspection Report 50-482/84-33 (1 page).

7. 02/11/85 Handwritten note re: 4-83-A-75 (2 pages).

8. 02/13/85 Return mail receipts (2 pages).

9. 02/20/85 Allegation review (1 page).

10. 05/31/00 Handwritten note (1 page).

11. Undated . Memo for Allegation file STN 50-482; Case A-84-A-58 from R. Taylor re: Allegation A-84-A-58 (5 pages).

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Appendix F Documents Being Withheld

1. 08/01/84 Note to R. Denis from H. Bundy re: Allegations by Wolf Creek Startup Engineer w/ attachment regarding a statement received by L. E. Martin and H. Bundy (6 pages).

2. 09/11/84 Memo for R. Herr from J. Collins re: Allegation on Alterations to KG&E Personnel Records w/ attachment re: Allegation on KG&E Personnel Records (R4-84-A-85) (2 pages).

3. 11/16/84 Quality Control Disclosure Statement by July Collins (3 pages).

4. 12/24/84 Ltr. from T. Westerman to J. Collins re: J. Collins' 11/16/84 letter (1 page).

5. 12/27/84 Ltr. from T. Westerman to J. Collins re: J. Collins' 11/16/84 letter (certified mail - return receipt requested) (1 page).

6. 01/22/85 Memo for R. Herr from R. Martin re: General Allegations Regarding KG&E and Quality First (1 page).

7. 02/19/85 Memo for T. Westerman from G. Madsen re: OI Report of Inquiry (Q4-84-092) (1 page).

8. 02/26/85 Memo to R. Herr from R. Martin re: 01 Report of Inquiry Q4-85-001 (1 page). -

9. 02/28/85 Allegation Review (1 page).

10. Undated Handwritten notes re: Judy Collins (2 pages).

11. Undated AllegationReview(1page).

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I March 1, 1985 nudear owareness networc 1347h massachusetts . laurence, kansas 66044 .(913)749-1640 Director Office of Administration US Suclear Regulatory Commission SEEDOW OF INFORMAT:0N Washington, D.C. 20555 -@ REQUEST FREEDOM OF INFORMATIOI: ACT REQUEST FRA-M- l(a l To Whom It May concern: Q'd hfW 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 and 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 (AEOL); Office of Nuclear Reactor Research (5RR), 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.

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

Pursuant to this request, please provide all docurents prepared or utilized by, in the possession of, or routed through the NRC related to the Wolf Creek Nuc1 car Generating Plant:

1. Any and all NRC documents relating to the Quality First cases, allegations, investigations.

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2. Any and all information on instances of intimidation and/or harassment of any workers at the plant.

3. Any and all documents between the Commission and all other NRC offices particularly about, but not limited to, issues which the Commission is allowing to be in-vestigated and inspected.

4. Any an all documents generated within or as a result of the February 28, 1985 Commission briefing relating to the structural steel welding problem, licensing, and any other areas, by NRR or any other branches.

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If any of the material covered by this request has been des-troyed and/or removed, please provide all surrounding docu-mentation, including but not limited to a description of the action (s) taken, relevant date(s), and justification (s) for the actions.

For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld. 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 po'rt-ider of the document vithheld. This index is required under Vauchn v. Rosen (I), 484 F.2d 820 (D.C. Cir. 1973),"cett. denied, 415 U.S. 977 (1974).

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

Sincerely, t . $&

Stevi Stephens l

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