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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20100M3571996-02-26026 February 1996 Forwards Proprietary Documentation of Algebraic for of GE Critical Power Correlation.Ge Requests Concurrence Recognizing Attachment as Legal Documentation of GEXL & GEXL-PLUS Critical Quality Correlations ML20099F5851992-08-0404 August 1992 Clarifies Statement Made in NRC Safety Evaluation of Rept NEDE-31758P-A, GE Marathon Control Rod Assembly, W/ Regards to Stress Limit Used by Ge.Nrc Concurrence W/ Clarification Requested by 920930 ML20055E0691990-06-29029 June 1990 Forwards Synopsis of NRC Investigation Rept 03-87-011 Re Investigation Performed at Facility,For Info ML20235S9511989-02-25025 February 1989 Responds to NRC Bulletin 88-010, Test Program. Recommends That Temp Test Be Permitted as Alternate to Millivolt Drop/ Pole Resistance ML20235L1561989-01-17017 January 1989 Forwards Endorsements 141 & 142 to Nelia Policy NF-1, Endorsements 44 & 45 to Maelu Policy MF-95 & Endorsements 5 to Nelia Policy NW-1 & Maelu Policy MW-66 ML20155E1331988-06-0606 June 1988 Partial Response to FOIA Request for Documents.Forwards App B Documents.App a & B Documents Available in PDR ML20153B1541988-03-15015 March 1988 Informs of Relocation of NRR to Stated Address in Rockville, MD ML20235L6161987-09-25025 September 1987 Extends Invitation to Attend Region V 871110 Meeting in South San Francisco,Ca to Discuss NRC Reactor Operator Licensing Program.W/O Stated Encl ML20235M4251987-07-13013 July 1987 Partial Response to FOIA Request for Documents Re Acrs. Forwards Documents for Categories One & Three of FOIA Request.Review of 21 Addl ACRS Documents Continuing ML20234E4571987-06-23023 June 1987 Partial Response to FOIA Request for 771026 Minutes of ACRS Subcommittee on Fluid/Hydraulic Dynamic Effects Meeting in Portland,Or & Addl ACRS Documentation.Documents Identified on App H & Addl ACRS Documents Encl ML20207S5001987-03-0606 March 1987 Forwards Technical Evaluation Repts for Domestic Mark III Plants (Grand Gulf,Clinton,River Bend & Perry) & Gessar Ii. Inserts to Be Included in Section 6.2.1.8 of Draft Sser 2 for Clinton,River Bend & Perry Plants Also Encl IA-86-821, Final Response to FOIA Request Re GESSAR-II.App a Document Available in Pdr.App B Document Partially Withheld (Ref FOIA Exemption 4)1987-01-0909 January 1987 Final Response to FOIA Request Re GESSAR-II.App a Document Available in Pdr.App B Document Partially Withheld (Ref FOIA Exemption 4) ML20207M6941987-01-0909 January 1987 Final Response to FOIA Request Re GESSAR-II.App a Document Available in Pdr.App B Document Partially Withheld (Ref FOIA Exemption 4) ML20207M6741986-11-17017 November 1986 FOIA Request for GESSAR-II Chapters on Human Factors & Engineering & GESSAR-II Probabilistic Safety Study ML20210J3961986-09-22022 September 1986 Forwards Amend 2 to Final Design Approval FDA-1 for BWR/6 Nuclear Island Design (GESSAR-II) & Notice of Issuance of Amend.Amend Removes Constraints on Issuing CPs & OLs to Applicants Ref GESSAR-II Design NUREG-0979, Forwards Sser 5,(NUREG-0979).W/o Encl1986-06-25025 June 1986 Forwards Sser 5,(NUREG-0979).W/o Encl ML20211K8171986-06-17017 June 1986 Proposes Final Design Approval (Fda) Conditions 3-6 Be Treated as Interface Items & Removed from Amend 2 to FDA-1. Action on Condition 1 Should Be Taken by Nrc,Not GE ML20199D5321986-06-11011 June 1986 Forwards Proposed Amend 2 to Final Design Approval-1 for BWR/6 Nuclear Island Design,Gessar Ii,Documenting Staff & ACRS Review of Gessar II for Severe Accident Concerns,For Comment.Amend Removes Constraints on Issuance of CPs & OLs ML20155G0971986-04-25025 April 1986 Forwards Nonproprietary & Proprietery Amend 21 to Gessar II,238 Nuclear Island. Amend Responds to NRC Proposed Severe Accident Policy Statement.Proprietary Amend Withheld (Ref 10CFR2.790) ML20137L4871986-01-22022 January 1986 Forwards,For Info & Comment,Acrs Rept Re Review of GESSAR-II for Concerns Addressed in Commission Severe Accident Policy Statement.Comments Requested by 860204 ML20137H8641986-01-14014 January 1986 Disagrees W/Nrc Re Final Design Approval of Gessar II BWR/6 Nuclear Island Design Applicable to Future Plants.Design Does Not Satisfy All Concerns of Commission Severe Accident Policy Statement.W/Addl Comments by ACRS Members ML20140F3691986-01-14014 January 1986 Further Response to FOIA Request for Several Categories of Documents Re Pressure Suppression Containment.Fsar & SER for Limerick Only Documentation Re 4x4 Tests.Encl Apps D-G Documents Responsive to Item 4 Also Available in PDR ML20154A6611986-01-13013 January 1986 Responds to FOIA Request for Specified Documents to Be Placed in Pdr.Encl App a Documents & Listed App B Document Placed in Pdr.Portions of Document 2 on App a Withheld (Ref FOIA Exemption 4) IA-85-804, Responds to FOIA Request for Specified Documents to Be Placed in Pdr.Encl App a Documents & Listed App B Document Placed in Pdr.Portions of Document 2 on App a Withheld (Ref FOIA Exemption 4)1986-01-13013 January 1986 Responds to FOIA Request for Specified Documents to Be Placed in Pdr.Encl App a Documents & Listed App B Document Placed in Pdr.Portions of Document 2 on App a Withheld (Ref FOIA Exemption 4) ML20209H4261985-10-30030 October 1985 Forwards marked-up Proprietary Review of BWR/6 Std Plant Pra:Vol 2:Seismic Events...Analysis in Response to 851009 Request.Technical Error Identified on Encl Pages 6/3 & 6/4. Review Withheld IA-84-175, Responds to Appeal Re Denial of FOIA Request for GE PRA for GESSAR-II Standardized Plant Design.Forwards 11 Pages from PRA Due to Court Approved Stipulation of 850718 Settlement. Info Also Available in PDR1985-10-11011 October 1985 Responds to Appeal Re Denial of FOIA Request for GE PRA for GESSAR-II Standardized Plant Design.Forwards 11 Pages from PRA Due to Court Approved Stipulation of 850718 Settlement. Info Also Available in PDR ML20133J3821985-10-11011 October 1985 Responds to Appeal Re Denial of FOIA Request for GE PRA for GESSAR-II Standardized Plant Design.Forwards 11 Pages from PRA Due to Court Approved Stipulation of 850718 Settlement. Info Also Available in PDR ML20135B7601985-09-0505 September 1985 Ack Receipt of 850806 Memo Re ACRS Severe Accident Review. NRR Ltr to ACRS Endorsed.Acrs Review Completion Expected by Sept or Oct 1985 Meeting ML20133N9891985-08-12012 August 1985 Forwards Proprietary Suppl 1 to Draft Gessar II Amend Supporting Leak-Before-Break. Submittal Based on Recommendations of NUREG-1061,Vol 3 for leak-before-break Mechanistic Methodology.Suppl Withheld (Ref 10CFR2.790) ML20134A5511985-08-0909 August 1985 Forwards Amend 1 to Final Design Approval FDA-1 & Fr Notice of Issuance.Amend Removes Constraint on Forward Referenceability of GESSAR-II Design & Permits Ref in New CP & OL Applications ML20133L5951985-08-0606 August 1985 Expresses Concern Over Progress of Severe Accident Review of Design.Requests That Steps Be Taken to Complete Review on Schedule That Would Result in Ltr to Commission in Sept 1985 ML20128H3171985-06-28028 June 1985 Forwards NRR Sser 4 Re Severe Accident Design.Severe Chatter Issue Will Be Resolved Prior to Publishing Final Suppl.W/O Encl ML20129B7391985-06-25025 June 1985 Advises of Review of Proposed SERs for Proprietary Info,Per 850618 Request.Page 3 of Ref 3, Table 2:Conditional Consequences Predicted by GE for Internally Initiated Events... Classified as Proprietary ML20128Q6981985-06-19019 June 1985 Responds to FOIA Request for from GG Sherwood to Hl Thompson on Review of Leak-Before-Break Approach on Gessar II Docket. Forwards Document IA-85-412, Responds to FOIA Request for 850404 Ltr from GG Sherwood to Hl Thompson on Review of Leak-Before-Break Approach on Gessar II Docket. Forwards Document1985-06-19019 June 1985 Responds to FOIA Request for 850404 Ltr from GG Sherwood to Hl Thompson on Review of Leak-Before-Break Approach on Gessar II Docket. Forwards Document ML20126B8981985-06-10010 June 1985 Forwards Info Re Resolution of Open Item Concerning Clutter on GE Emergency Response Info Sys.Ge Will Display Changes Recommended by Human Factors Consultant,Anacapa Sciences,Inc & NRC ML20126F4911985-06-0707 June 1985 Forwards Proposed Amend 1 to FDA-1 for GESSAR-II BWR/6 Nuclear Island Design,For Review.Amend Prepared in Anticipation of Final Commission Action on Severe Accident Policy Statement.Comments Requested by 850614 ML20128Q6731985-06-0606 June 1985 FOIA Request for GG Sherwood to Hl Thompson on Review of Leak-Before-Break on Gessar II Docket ML20117K0761985-05-0909 May 1985 Forwards Anacapa Technical Rept TR-550-1, Human Factors & Performance Evaluations of Emergency Response Info Sys. Rept Should Resolve Questions Raised by NRC Re Amount of Info Contained in Gessar Displays.W/O Encl ML20117H5241985-05-0707 May 1985 Permits NRC to Reproduce,Furnish to Third Parties & Make Public Rept NEDC-30885, Generic Emergency Response Info Sys (Basic Rtad) Software Validation ML20133A2391985-05-0303 May 1985 Further Response to FOIA Appeal & Ucs Motion for Summary Judgement That 10 Categories of Info in GESSAR-II PRA Could Be Released.No Basis Found to Recommend Reversal of Determination.Documents Released by GE Encl ML20154A6791985-05-0202 May 1985 Forwards NUREG/CR-4135 P, Review of BWR/6 Std Plant PRA: Vol-1 Internal Events,Core Damage Frequency. Task 12 of GESSAR-II Review Project Complete ML20116M0941985-05-0101 May 1985 Submits Supplemental Info Re Concerning Addendum 1 to NEDO-10466, Power Generation Control Complex (Pgcc) Fire Suppression Licensing Topical Rept. Establishment of Halon Concentration Requirement for Control Room Discussed ML20116E5961985-04-26026 April 1985 Forwards Proprietary Updated Draft Gessar II Amend Supporting Leak-Before-Break. Submittal for Carbon Steel Piping Scheduled for 850618.Rept Withheld (Ref 10CFR2.790) ML20126J0841985-04-19019 April 1985 Responds to Appeal Re Denial of FOIA Request for GESSAR-II Pra.Forwards Pages 2-7 - 2-16 of Document 5 on App A. Portions Withheld (Ref FOIA Exemption 4) ML20117J5801985-04-17017 April 1985 Forwards NEDC-30885, Generic Emergency Response Info Sys (Basic Rtad) Software Validation, Re Program to Evaluate & Test Integrated Software,Data Bases & Command Files Associated W/Emergency Response Info Sys NUREG-0770, Partial Response to FOIA Request for Four Categories of Documents Re APS Source Term Review.Forwards Documents in App A.App B Documents Available in Pdr.App a Documents Being Placed in PDR1985-04-15015 April 1985 Partial Response to FOIA Request for Four Categories of Documents Re APS Source Term Review.Forwards Documents in App A.App B Documents Available in Pdr.App a Documents Being Placed in PDR ML20128M6211985-04-15015 April 1985 Partial Response to FOIA Request for Four Categories of Documents Re APS Source Term Review.Forwards Documents in App A.App B Documents Available in Pdr.App a Documents Being Placed in PDR ML20126C4481985-04-0404 April 1985 Advises of Preparations to Update & Resubmit Draft Amend Supporting leak-before-break Approach to Achieve Consistency W/Vol 3 of NUREG-1061 ML20126E0031985-04-0404 April 1985 Further Response to Appeal Re Partial Denial of FOIA Request for Documents Re GE PRA for GESSAR-II Standardized Plant Design.App Lists Documents Responsive to Request 1996-02-26
[Table view] Category:NRC TO LEGAL/LAW FIRM
MONTHYEARML20235M4251987-07-13013 July 1987 Partial Response to FOIA Request for Documents Re Acrs. Forwards Documents for Categories One & Three of FOIA Request.Review of 21 Addl ACRS Documents Continuing ML20234E4571987-06-23023 June 1987 Partial Response to FOIA Request for 771026 Minutes of ACRS Subcommittee on Fluid/Hydraulic Dynamic Effects Meeting in Portland,Or & Addl ACRS Documentation.Documents Identified on App H & Addl ACRS Documents Encl ML20133J3821985-10-11011 October 1985 Responds to Appeal Re Denial of FOIA Request for GE PRA for GESSAR-II Standardized Plant Design.Forwards 11 Pages from PRA Due to Court Approved Stipulation of 850718 Settlement. Info Also Available in PDR IA-84-175, Responds to Appeal Re Denial of FOIA Request for GE PRA for GESSAR-II Standardized Plant Design.Forwards 11 Pages from PRA Due to Court Approved Stipulation of 850718 Settlement. Info Also Available in PDR1985-10-11011 October 1985 Responds to Appeal Re Denial of FOIA Request for GE PRA for GESSAR-II Standardized Plant Design.Forwards 11 Pages from PRA Due to Court Approved Stipulation of 850718 Settlement. Info Also Available in PDR ML20126J0841985-04-19019 April 1985 Responds to Appeal Re Denial of FOIA Request for GESSAR-II Pra.Forwards Pages 2-7 - 2-16 of Document 5 on App A. Portions Withheld (Ref FOIA Exemption 4) ML20126E0031985-04-0404 April 1985 Further Response to Appeal Re Partial Denial of FOIA Request for Documents Re GE PRA for GESSAR-II Standardized Plant Design.App Lists Documents Responsive to Request ML20126D2661985-02-15015 February 1985 Further Response to 840806 Appeal Re Partial Denial of FOIA Request for Documents Concerning GE PRA for GESSAR-II Standardized Plant Design.Forwards Pages of Seven Withheld Documents 1987-07-13
[Table view] Category:OUTGOING CORRESPONDENCE
MONTHYEARML20055E0691990-06-29029 June 1990 Forwards Synopsis of NRC Investigation Rept 03-87-011 Re Investigation Performed at Facility,For Info ML20155E1331988-06-0606 June 1988 Partial Response to FOIA Request for Documents.Forwards App B Documents.App a & B Documents Available in PDR ML20153B1541988-03-15015 March 1988 Informs of Relocation of NRR to Stated Address in Rockville, MD ML20235L6161987-09-25025 September 1987 Extends Invitation to Attend Region V 871110 Meeting in South San Francisco,Ca to Discuss NRC Reactor Operator Licensing Program.W/O Stated Encl ML20235M4251987-07-13013 July 1987 Partial Response to FOIA Request for Documents Re Acrs. Forwards Documents for Categories One & Three of FOIA Request.Review of 21 Addl ACRS Documents Continuing ML20234E4571987-06-23023 June 1987 Partial Response to FOIA Request for 771026 Minutes of ACRS Subcommittee on Fluid/Hydraulic Dynamic Effects Meeting in Portland,Or & Addl ACRS Documentation.Documents Identified on App H & Addl ACRS Documents Encl ML20207M6941987-01-0909 January 1987 Final Response to FOIA Request Re GESSAR-II.App a Document Available in Pdr.App B Document Partially Withheld (Ref FOIA Exemption 4) IA-86-821, Final Response to FOIA Request Re GESSAR-II.App a Document Available in Pdr.App B Document Partially Withheld (Ref FOIA Exemption 4)1987-01-0909 January 1987 Final Response to FOIA Request Re GESSAR-II.App a Document Available in Pdr.App B Document Partially Withheld (Ref FOIA Exemption 4) ML20210J3961986-09-22022 September 1986 Forwards Amend 2 to Final Design Approval FDA-1 for BWR/6 Nuclear Island Design (GESSAR-II) & Notice of Issuance of Amend.Amend Removes Constraints on Issuing CPs & OLs to Applicants Ref GESSAR-II Design NUREG-0979, Forwards Sser 5,(NUREG-0979).W/o Encl1986-06-25025 June 1986 Forwards Sser 5,(NUREG-0979).W/o Encl ML20199D5321986-06-11011 June 1986 Forwards Proposed Amend 2 to Final Design Approval-1 for BWR/6 Nuclear Island Design,Gessar Ii,Documenting Staff & ACRS Review of Gessar II for Severe Accident Concerns,For Comment.Amend Removes Constraints on Issuance of CPs & OLs ML20137L4871986-01-22022 January 1986 Forwards,For Info & Comment,Acrs Rept Re Review of GESSAR-II for Concerns Addressed in Commission Severe Accident Policy Statement.Comments Requested by 860204 ML20140F3691986-01-14014 January 1986 Further Response to FOIA Request for Several Categories of Documents Re Pressure Suppression Containment.Fsar & SER for Limerick Only Documentation Re 4x4 Tests.Encl Apps D-G Documents Responsive to Item 4 Also Available in PDR IA-85-804, Responds to FOIA Request for Specified Documents to Be Placed in Pdr.Encl App a Documents & Listed App B Document Placed in Pdr.Portions of Document 2 on App a Withheld (Ref FOIA Exemption 4)1986-01-13013 January 1986 Responds to FOIA Request for Specified Documents to Be Placed in Pdr.Encl App a Documents & Listed App B Document Placed in Pdr.Portions of Document 2 on App a Withheld (Ref FOIA Exemption 4) ML20154A6611986-01-13013 January 1986 Responds to FOIA Request for Specified Documents to Be Placed in Pdr.Encl App a Documents & Listed App B Document Placed in Pdr.Portions of Document 2 on App a Withheld (Ref FOIA Exemption 4) ML20133J3821985-10-11011 October 1985 Responds to Appeal Re Denial of FOIA Request for GE PRA for GESSAR-II Standardized Plant Design.Forwards 11 Pages from PRA Due to Court Approved Stipulation of 850718 Settlement. Info Also Available in PDR IA-84-175, Responds to Appeal Re Denial of FOIA Request for GE PRA for GESSAR-II Standardized Plant Design.Forwards 11 Pages from PRA Due to Court Approved Stipulation of 850718 Settlement. Info Also Available in PDR1985-10-11011 October 1985 Responds to Appeal Re Denial of FOIA Request for GE PRA for GESSAR-II Standardized Plant Design.Forwards 11 Pages from PRA Due to Court Approved Stipulation of 850718 Settlement. Info Also Available in PDR ML20134A5511985-08-0909 August 1985 Forwards Amend 1 to Final Design Approval FDA-1 & Fr Notice of Issuance.Amend Removes Constraint on Forward Referenceability of GESSAR-II Design & Permits Ref in New CP & OL Applications IA-85-412, Responds to FOIA Request for 850404 Ltr from GG Sherwood to Hl Thompson on Review of Leak-Before-Break Approach on Gessar II Docket. Forwards Document1985-06-19019 June 1985 Responds to FOIA Request for 850404 Ltr from GG Sherwood to Hl Thompson on Review of Leak-Before-Break Approach on Gessar II Docket. Forwards Document ML20128Q6981985-06-19019 June 1985 Responds to FOIA Request for from GG Sherwood to Hl Thompson on Review of Leak-Before-Break Approach on Gessar II Docket. Forwards Document ML20126F4911985-06-0707 June 1985 Forwards Proposed Amend 1 to FDA-1 for GESSAR-II BWR/6 Nuclear Island Design,For Review.Amend Prepared in Anticipation of Final Commission Action on Severe Accident Policy Statement.Comments Requested by 850614 ML20133A2391985-05-0303 May 1985 Further Response to FOIA Appeal & Ucs Motion for Summary Judgement That 10 Categories of Info in GESSAR-II PRA Could Be Released.No Basis Found to Recommend Reversal of Determination.Documents Released by GE Encl ML20126J0841985-04-19019 April 1985 Responds to Appeal Re Denial of FOIA Request for GESSAR-II Pra.Forwards Pages 2-7 - 2-16 of Document 5 on App A. Portions Withheld (Ref FOIA Exemption 4) ML20128M6211985-04-15015 April 1985 Partial Response to FOIA Request for Four Categories of Documents Re APS Source Term Review.Forwards Documents in App A.App B Documents Available in Pdr.App a Documents Being Placed in PDR NUREG-0770, Partial Response to FOIA Request for Four Categories of Documents Re APS Source Term Review.Forwards Documents in App A.App B Documents Available in Pdr.App a Documents Being Placed in PDR1985-04-15015 April 1985 Partial Response to FOIA Request for Four Categories of Documents Re APS Source Term Review.Forwards Documents in App A.App B Documents Available in Pdr.App a Documents Being Placed in PDR ML20126E0031985-04-0404 April 1985 Further Response to Appeal Re Partial Denial of FOIA Request for Documents Re GE PRA for GESSAR-II Standardized Plant Design.App Lists Documents Responsive to Request ML20126D2661985-02-15015 February 1985 Further Response to 840806 Appeal Re Partial Denial of FOIA Request for Documents Concerning GE PRA for GESSAR-II Standardized Plant Design.Forwards Pages of Seven Withheld Documents ML20127A4151983-01-0404 January 1983 Requests Proposal from BNL to Provide Technical Assistance to Div of Sys Integration Through FY85 Re Safety Evaluation of Core Melt Accidents:Cessar - Final Design Approval; Westinghouse Std Plant - Final Design Approval ML20197B0231978-10-23023 October 1978 Responds to Advising That NEDO-24048, Evaluation of Acoustic Pressure Loads on BWR/6 Internal Components Part of Gessar Docket & Fee Exempt.Concurs on Fee Exemption ML20234E7981976-07-0808 July 1976 Forwards List of Info Required to Complete Review of LWR ECCS Performance to Verify Conformance to 10CFR50.46.Info Must Be Filed on GESSAR-238 & GESSAR-251 Dockets as Part of Std SAR & Be Reviewed Prior to Preliminary Design Approval ML20235C5191975-07-0101 July 1975 Forwards Round 1 to Request for Addl Info Re Application for Preliminary Design Approval of GESSAR-238 Std Nsss. Review of Interfaces Between NSSS & balance-of-plant,site & Options Completed.Response Requested by 750725 ML20235C8961974-04-11011 April 1974 Forwards Detailed Request for Addl Info Needed to Complete Review of Gessar Application.Response to Items Concerning Qa,Instrumentation & Reactor Sys Requested by 740509 & 0517, Respectively ML20235C9071974-03-26026 March 1974 Forwards Request for Addl Info Needed to Continue Review of Gessar Application,Including Discussion of Steam Condensation Rates Assigned to Containment Sprays & Heat Sinks.Info Requested by 740509 ML20235C9121974-03-20020 March 1974 Forwards Requests for Addl Info Re Gessar Application, Including Futher Discussion on Inherent Protection Provided by Gessar Design Against Aircraft Hazards.Info Requested by 740509 ML20235C9261974-02-12012 February 1974 Expresses Concerns Re Delays in Review of Gessar,Due to Introduction of New Designs in Several Areas of Plant & Slips in Transmitting Part of Regulatory Staff Initial Request for Addl Info.Revised Review Schedule Encl 1990-06-29
[Table view] |
Text
- %, UNITEJ STATES 8 NUCLEAR REGULATORY COMMISSION \
i wAswiwoTow. o.c.2 ossa ,b
\,..... Ac 50 Diane Curran, Esquire APR04t*m William S. Jordan, III Esquire Harmon, Weiss & Jordan 2001 S Street, NW IN RESPONSE REFER Suite 430 TO FOIA-84-A-66 Washington, DC 20009 (F0!A-84-175)
Dear Ms. Curran and Mr. Jordan:
This is in further response to your letter dated August 6,1984, in which you appealed the partial denial of Mr. Steven Sholly's Freedom of Information Act reauest for documents concerning General Electric Company's (GE) Probabilistic Risk Assessment (PRA) for the GESSAR-II standardized plant design.
GE recently informed us that it was relinquishing its proprietary claim to additional information contained in some of the documents subject to your request. The enclosed appendix to this letter identifies the specific documents. Accordingly, NRC is releasing the pages that contain the information for which GE has relinquished its claim. These pages are enclosed.
Sinc rely,
,sf ,
M. Felton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated
(
8506150267 050404 PDR FOIA CURRAN 04-A-66 PDR
7 h
FOIA-84-A-66 APPENDIX
- 1. Undated GESSAR II Appendix 15D.3-BWR/6 Probabilistic Risk Assessment
- 2. 7/16/82 Letter to R. Frahm from K. W. Holtzclaw re: 238 Nuclear Island Probabilistic Risk Assessment Report
- 3. 12/3/82 PRA Update - revision pages
- 4. 5/17/84 Letter to D. G. Eisenhut from J. F. Quirk re:
Source Term Sensitivity Study i
r
~
o .
HARMON, WEISS 8c JORDAN 2004 S STREET N.W.
SutTE 430 ,
WASHINOTow, D.G. eoooo l OAIL McORCEVY HARMON TELEPHONE i ELLTH M. WE6SS (202)328 3500 WILLIAM S. JORDAN, lit
$'EANn.TOu5 ley HAND DELIVERED August 6, 1984 William Dircks gg OF INITIAL FOIA DECISION Executive Director for Operations U.S. Nuclear Regulatory Commision 20555
/ 4-46E(Fy-l 45)\
Washington, D.C.
SUBJ ECT: ' Appeal' o f ' Denial' of ' FOI A-86175
@c <dFy-py Dear Mr. Dirckst On March 13, 1984, Steven Sholly of the Union of Concerned Scientists (UCS) submitted to NRC a Freedom of Information Act request for the Probabilistic Risk Assessment (PRA) performed !
by the General Electric Company for its GESSAR II standardized !
plant design, f or any NRC-sponsored reviews of the PRA, and for identification of the reviewing organizations and contract details. A copy of that letter is attached.
When the NRC did not respond to Mr. ShcIly's request in a j' timely manner, UCS appealed the failure to respond in a letter to you dated April 5, 1984. J. M. Felton of the Division of Rulen and Records finally responded to Mr. Sholly's original '
I requent and to the April 5 appeal on June 25, 1984. Mr.
Felton's response identified and denied four documents, and stated that the review of additional documents responsive to Mr. Sholly's request was " continuing." Mr. Sholly has received I no further correspondence from Mr. Felton.
llaving appealed the NRC's original failure to make a timely response to Mr. Sholly's FOIA request, UCS is entitled to bring i this matter directly before a federal District Court. 5 U.S.C.
5 552(a)(6)(C). Ilowever, we have chosen to take an additional administrative appeal of Mr. Felton'a response letter, because l we believe you will agree that he has not provided adequate or connintent justification for denial of these documents. We also appeal once more the Commission's failure to complete its response to this requent within the statutory time frame required by the Freedom of Information Act, 5 U.S.C. S 552(a)(6)(A)(i).
4 S e z -2 2 0 t W Qe.
.' . i HARMON, WEISS & JORDAN William Dircks August 6, 1984 Page Two Mr. Felton's June 25 letter identifies and denies in their entirety four documents: the PRA and three reviews of the PRA l by the Brookhaven National Laboratory. Although Mr. Felton's letter does not specifically identify the FOIA exemption claimed, he apparently invokes exemption 4 of the Act, which protects trade secrets and commercial or financial information obtained from a person and privileged or confidential.
5 U.S.C. 5 552(b)(4). Mr. Felton does not claim that the documents constitute ' trade secrets," and none of the documents fits the description of a trade secret given by the U.S. Court '
of Appeals for the District of Columbia:
j an unpatented, commercially valuable plan, appliance, formula, or process, which is used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities.
Public Citizen Health Research Group v. FDA, 704 F.2d 1280,
~
1287 (D.C. Cir. 1983). Rather, Mr. Felton claims that disclosure of the materials could cause " substantial harm to the competitive position of the General Electric Company."
Thus, he appears to invoke the second prong of exemption 4, for confidential commercial or financial information that is obtained from a person.
However, Mr. Felton has not satisfied the second prong of exemption 4 because he has not shown that the materials are actually confidential, i._e., that the release of the materials would cause substantial harm to GE's competitive position. Id.
at 1290. A significant amount of the information being withheld is already available to the public, and thus disclosure of these documents would have little effect on the ability of competitors to obtain the information they contain.
" Clearly, if the information is already available to .
competitors, then,it does.not qualify as confidential." United Technologies Corp. v. Marshall,.464,F. Supp. 845,,852 (D. Ct.
1979), citing Hughes Aircraft Company v. Schlesinger, 384 F.
Supp. 2 92, 297 (C.D. Cal.19 74) .
GE and the NRC have already released -- and thus made available to GE competitors -- a significant amount of information related to the GESSAR PRA. The NRC released one of
y ..
. e HARMON, WEISS & JORDAN william Dircks .
August 6, 1984 Page Three the Brookhaven review gocuments, virtually in its entirety, to another FOIA requester , and it has held at least one open meeting discussing the contents of the GESSAR PRA in detail.
The Brookhaven document that has been released discusses the contents of the PRA in detail and demonstrates that GE's claim to a level of " detail, sophistication, and NRC acceptance which is not remotely approached with respect to BWR's by GE's present or potential competitors" is highly inflated.
According to Brookhaven, GE used the MARCH, CORRAL, and CRAC codes as the bases for its source term and consequence analyses. All three of these codes were developed for NRC and are available in NRC publications and technical literature.
The versions of these codes used by GE are not highly sophisticated, state-of-the-art codes, but have been used for many years. There is thus simply no basis to GE's claim that release of these materials will have a substantial detrimental effect on its competitive position in the marketplace.
Moreover, some of the methodologies that GE would like the NRC to protect as proprietary information were developed at government expense. Such government-generated information is not exempt from disclosure under the Freedom of Information Act. Consumers Union of United States,'Inc. 'v. Veterans' Adalnlstration, 301 F. Supp. 796, 803 (S.D.N.Y. 1969). If anything, the NRC's refusal to disclose GE's use of PRA-related
, codes developed at government expense constitutes an illegal j and unwarranted subsidy of GE.
i
! The Brookhaven report also discusses some of the PRA's I input assumptions in great detail. Many of these assumptions are not design-specific, but relate to standardized concepts j regarding nuclear power plant accidents. Other assumptions, i although somewhat design-dependent, do not involve the use of l
detailed design information which might be proprietary or i confidential. Their disclosure would reveal little information that,is,ngt,already,widely known in the industry. Moreover, l
l
! * " Review and Evaluation of'the GESSAR-II Probabilistic Risk j Assessment - Containment Failure Modes and Fission Product
! Release," Letter Report by Accident Analysis Group, Department of Nuclear Energy, Brookhaven National Laboratory (July 27, .
- 1983). This is identified as document i 3 in Mr. Felton's June
! 25 response to Mr. Sholly. It was released to Susan Hiatt on
! January 3, 1984 in FOIA-83-460.
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t
.- s' HARMON, WEISS & JORDAN William Dircks August 6, 1984 Page Four any design-specific assumptions should be available to the public, since GE has not claimed the plant design itself as proprietary information.
The Brookhaven report also contains a great deal of information on the results of the PRA. Although specific figures have been deleted from the tables, PRA results are described and discussed in the text. In any event, competitors could obtain approximately the same results by using the methodologies and assumptions as described in the 3rookhaven study.
Inconsistent positions taken in the past by GE and NRC with regard to the confidentiality of the GESSAR PRA and related documents raise serious questions about the sincerity and veracity of GE's claim that release of the information will cause " substantial" harm to its competitive position. GE and NRC officials have orally stated to UCS that they are not interested in protecting the results of the PRA, but only the methodology. Yet, the Brookhaven Laboratory study released by the NRC discusses the methodology in great detail, but it omits many of the results. Although GE and NRC now claim complete confidentiality for the PRA, they participated in an open ACRS meeting on April 22, 1983, in which the methodology and assumptions used in the PRA were discussed in great detail.
The transcript of that meeting is publicly available. Having permitted the release of so much of the PRA-related information in the past, GE and NRC are no longer in a position to claim that the requested materials are confidential.
As discussed above, Mr. Felton has failed to provide adequate justification for the denial of the requested documents under exemption 4 of the FOIA. Moreover, he has f ailed to satisfy the Act's requirement to release " reasonably segregable" portions of the documents. 5 U.S.C. S 552(b). Any changes that GE has made to publicly available assumptions and methodologies could easily be segregated from other parts of the PRA. Yet, the NRC has not made the slightest attempt to identify releasable portions of the documents.
In addition to the requirements of the Freedom of Information Act, strong policy reasons compel the release of I
HARMON, WExss & JORDAN William Dircks August 6, 1984 Page Five these documents to the public. The GESSAR PRA is being used to obtain a generic license that will be valid over the next ten years. The quality of this license application will therefore be critical to the safety and reliability of any individual plants that are licensed pursuant to this standardized design.
For this reason, it should be opened to the closest scrutiny possible. GE's sudden and inconsistent attempts to protect the confidentiality of its PRA and related review documents may demonstrate more of a wish to hide flaws in the GESSAR PRA from public scrutiny than a need to protect valuable business secrets. As a matter of policy, the NRC should make the GESSAR PRA and related review documents available to the public, with the exception of only those limited portions that GE can demonstrate are truly confidential. The NRC must not endorse and promote GE's blanket attempts to shield this vital safety information from the public eye.
Moreover, although no regulatory requirement for PRAs exists now, we understand that the NRC intends to use the GESSAR PRA to evaluate and perhapo require changes in the GESSAR standardized plant design. If this is true, then the PRA is a part of the design application that must be made available for public review and comment under the hearing requirement of the Atomic Energy Act, 42 U.S.C. 5 2239(a)(1).
The public's right to a hearing on the safety of the standardized plant design will effectively be denied if important supporting information is withheld from public scrutiny.
As far as we know, this is the first PRA that has been withheld by NRC as confidential commercial information. If, as recent NRC regulatory proposals indicate, the commission intends to use PRAs to evaluate design adequacy in the future, it should be prepared to share that information with the public as required by the hearing provision of the Atomic Energy Act.
If it intends to protect such information from public scrutiny, it should reconsider its intention to uso PRAs as licensing documents.
We look forward to receiving your response within the 20 working days permitted by the statute. If UCS does not receive a full response, with either complete disclosure or substantial
,J HARMON. WEISS & JOEDAN William Dircks August 6, 1984 Page Six 1
justification for deletion of minor portions of the documents, l we intend to pursue this matter in federal court.
i Sincerely, Diane curran
/- JY William ordan, III Attorneys for Union of Concerned Scientists 4k*
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[ [# ,* [\n UNITED STATES
.. NUCLEAR REEULATORY COMMIESlON I WASHING TON,0. C. 206S5
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JUN 251984 Mr. Steven Sholly Technical Research Associate Union of Concerned Scientists 1346 Connecticut Avenue, NW IN RESPONSE REFER Washington, DC 20036 TO F0!A-84-175
Dear Mr. Sholly:
This is in further response to your letter dated March 13,1984,and your April 5,1984 appeal, requesting documents relating to GESSAR-II.
The four documents listed on Appendix A are being withheld in their entirety as release of t,his information could cause substantial harm to the competitive position'of the General Electric Company in that GE maintains:
- 1. The GESSAR-II PRA is the only Level 3 PRA which has been perfomed by an NSSS vendor at its own cost. The GESSAR-II PRA will be the first Level 3 PRA approved for a Standard Nuclear Island Design.
As such, its market valuc far exceeds the total cost. GE intends to utilize the information and analyses in the PRA as the major portion of plant-specific analyses for BWR/6 plants which are currently operating, are under construction, and for future plant sales. Total resources expended by GE in perfoming the PRA, preparing the required submittals, and supporting the PRA review ,
amount to millions of dollars;
- 2. The performance of probabilistic risk assessments is a highly competitive market. The information in this PRA represents a level of expenditure, detail, sophistication, and NRC acceptance which is not remotely approached with respect to BWR's by GE's present or potential competitors. Accordingly, public disclosure of this infomation would pemit competitors or potential customers to utilize this information at no cost and would thereby deprive GE not only to seek reimbursement of its expeditures but also an economic competitive advantage by allowing competitors to copy the j design at little or no cost; and I
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. I. 'Mr. Steven Sho11y ,
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- 3. The three.NRC contractor (Brookhaven National Laboratory) reports .
also contain GE proprietary infomation and are being withheld in their entirety for the same reasons stated above.
The NRC has reviewed General Electric's proprietary cla'im and agrees that the infomation involved is proprietary.
These documents are being withheld from public disclosure pursuant to
.10Exemption CFR 9.5(a) 4)(4)(of of thethe Freedomregulations.
Commission's of Infermation These Act (5 U.S.C.
documents do 552(b)(4)) and not contain any reasonably segregable factual portions.
Pursuant to 10 CFR 9.9 of the Comission's regulations, it has been detemined that the infonnation is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest.
The persons responsible for this denial are the undersigned and Mr.
Harold R. Denton, Director, Office of Nuclear Reactor Regulation.
This denial may be appealed to the Comission's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Opbrations. U.S. Nuclear Regulatory Commission.
Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."
) The review of additional documents related to your request is continuing.
You will be notified at the completion of this review.
Sinc ely,
/ 7 M
elton, Director Division of Rules and Records Office of Administration
Enclosure:
Appendix A i
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.'- . t. F0IA 84-175 APPEN0!X A ,
- 1. GE55AR 11 Probabilistic Risk Assessment (PRA) .
- 2. BNL Memo dated 5/5/83 " Status of GESSAR PRA . Review."
- 3. BNL Letter Report " Review and Evaluation of the GESSAR 11 PRA -
Containment Failure Modes and Fission Product Release." 7/27/83.
- 4. BNL Letter Reprt " Review of GESSAR II Probabilistic Risk Assessment, undated.
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13 March 1984 RMATION Mr. d. 11. Felton, Director CT R S Division of Rules and Records Office of Administration N
U.S. Nuclear Regulatory Commi'ssion Tag. Q 8-/f-/g W2shington, D.C. 20555 RE: Freedom of Information Act Request for the GESSAR-II Probabilistic Risk Assoccmont and Associated NRC and NRC-contractor Reviewn of that Report (Sholly FOIA Requent. Number 84-07)
Dear Mr. Felton:
s.
Pursuant to the Freedom of Infortration Act, pleano make Cvailable at the comminnion's Public Document Room at 1717 H Street, O.W. , Washington, D.C. , copics of documento in the following categories:
A. A copy of the General E1uctric Probabilistic Rink Assensmont for the GESSAR-II standard plant donign (BWR/6 !! ark III) , and all updaten, amendments, appendices, addenda, supplemento, and all other changen thereto. .
D. Copion of all NRC ntaff reviewn of the documento doncribed above in "A".
C. Copics of all NRC contractor reviews of the documento doncribed above in "A". .
For any review identified under "C" above, provido D.
the name of the reviewing organization, the load -
investigatorn, all other investigatorn, the NRC Contract and FIN numborn annigned to the review project, the funding provided for the review project, and the NRC Form 189 for each such project.
If there are any questions regarding this request, planso contact me at 296-5600. It is my understanding that a proprietary claim has been made with respect to some or all of the documents identified in "A" above. This requent specifically includen a request to review the banes for the priprietary cinim and relcano all of the documents discussed in "A" above. g*pg ,
- 2.pp,
. '=
. 2-
'nwr definition of " trade secret" is also relatively' narrow. It has been defined as an " unpatented, secret, cermercially valuable plan, appliance, formula or process sich is used for the making, preparing, cartpounding, treatirn or processirn of articles or materials which are trade cwiicaitics.
Consuurs Union, supra, 3)1 F.Supp. at 101.
It is irpossible to believe that all of the Gessar PFA is legally exerrpt from disclosure 'inder this standard. Ibr one thing, the Gessar design is not
" secret" since it is subject to NFC rcriew ard public scrutiny. In addition, it is my understanding that the codes being ut,cd are primarily gublicly-availabic codes.
I would' appreciate your response as soon as possibic.
.. Sincerely, t .
t.
El R. Weisc General Counsel Union of Ccocorned Scientints Enclosure 1
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