ML20197C324

Partial Response to 860819 Appeal of Dh Grimsley 860716 Denial of FOIA Request for Documents Re Plant.Document 1 on Encl App Continues to Be Withheld (Ref FOIA Exemption 6) & Documents 2-5 Still Under Review for Confidential Nature

ML20197C324
Person / Time
Site:	Fermi
Issue date:	10/31/1986
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Puntenney J SAFE ENERGY COALITION OF MICHIGAN
References
FOIA-86-430, FOIA-86-A-148 NUDOCS 8611060064
Download: ML20197C324 (2)

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• o UNITED STATES NUCLEAR REGULATORY COMMISSION g t WASHINGTON, D, C. 20555

% *"**} OCT 811986 Ms. Jennifer E. Puntenney Executive Director Safe Energy' Coalition of Michigan IN RESPONSE REFER P.O. Box 331 TO F01A-86-A-148 Monroe, MI 48161 (F01A-86-430)

Dear Ms. Puntenney:

This is in partial response to your letter dated August 19, 1986, in which you '

appealed Mr. Donnie H. Grimsley's letter dated July 16, 1986, which denied portions of five documents subject to your Freedom of Information Act (F0IA) request for documents regarding the Fermi plant. .

l Acting on your appeal, I have carefully reviewed the record in this case and  !

have determined that the previously withheld portion of document one on the '

enclosed appendix will continue to be withheld from public disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C. 552(b)(6)) and 10 CFR 9.5(a)(6) of the Commission's regulations. Therefore, your appeal is denied regarding this document.

As stated in Mr. Grimsley's July 16, 1986 letter, the only information withheld in this document was the names of offenders. I am unable t.o identify any legitimate public interest in the disclosure of these names which outweighs the individuals' privacy interests.

Also as stated in Mr. Grimsley's July 16, 1986 letter, the originators of documents two through five on the enclosed appendix have been asked to review these documents and substantiate their original confidential business (proprietary claim). The NRC has not yet received a response to our request.

I will inform you later of my decision concerning these four documents.

As set forth in the F0IA This is a final agency) action on document one.(5 U.S.C. 552(a)(4)(B) , judicial review of district court of the United States in either the district in which you reside, have your principal place of busines's or in the District of Columbia.

Sincerely, V .

Executive Direc r for Operations

Enclosure:

As stated 8611060064 861031 PDR FOIA PUNTE86-A-148 PDR

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i 9 86-A-148 Appendix

1. 3/5/86 Two licensee's printouts for nonconformance update (4 pgs)

2. Undated Detroit Edison Co Management Position Questionnaires

3. Undated Detroit Edison Co Management Position Questionnaires

4. Undated Detroit Edison Co Management Position Questionnaires

5. Undated Detroit Edison Co Management. Position Questionnaires 4

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f ~ ko UNITED STATES NUCLEAR REGULATORY COMMISSION 5 -; j

'VASHINGTON, D. C. 20555

..... JUL 1 c 1986 Ms. Jennifer E. Puntenney Safe Energy Coalition of Michigan P.O. Box 331 IN RESPONSE REFER Monroe, MI 48161 TO F01A-86-430

Dear Ms. Puntenney:

This in partial response to your undated letter, that the NRC received on June 11, 1986, in which you requested, pursuant to the Freedom of Information Act (FOIA), all records regarding (1) Fermi 2 produced by INP0 and NRC records to lhP0, (2) security problems and violations since 1984, and (3) meetings o'n

June 2-3, 1986, with Region III Staff and other parties.

Portions of documents 1 through 4 listed on the enclosed Appendix A contain budget allocations which the licensee considers confidential business (proprietary) information. This information is being withheld frcm public disclosure pursuant to Exemption (4) of the F0IA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Commission's regulations. We have asked the i originators of this information to review their proprietary claim, and will '

let you know if the documents, or any portions thereof, may be disclosed to the public.

Certain information has been deleted from document 5 listed on Appendix A because it is not within the scope of the request.

Portions of document 6 listed on Appendix A have been deleted in order to withhold names of offenders. Because disclosure of this information would ,

constitute a clearly unwarranted invasion of personal privacy, it is being 1 withheld from public disclosure pursuant to Exemption (6) of the F0IA (5 U.S.C. 552(b)(6)) and 10 CFR 9.5(a)(6) of the Commission's regulations.

Pursuant to 10 CFR 9.9 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 persons responsible for this denial are the undersigned and Mr. James G. Keppler, l

Regional Administrator, Region III.

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Ms.'Puntenney This denial may be appealed to the NRC'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 Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal i

from an Initial F0IA Decision."-

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Sincerely, Aw Donnie H. Grimsley, Director 7

Division of Rules and Records Office of Administration

Enclosure:

As stated I

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. ' . - E F01A-86-430 i Appendix A I

-1. Undated Detroit Edison Company Management Position Questionnaires - Exemption 4

! 2. Undated Detroit Edison Company Management. Position Questionnaires - Exemption 4

3. Undated Detroit Edison Company Management Position

! Questionnaires - Exemption 4

4. Undated Detroit Edison Company Management Position Questionnaires - Exemption 4

5. 01/30/86 Fermi 2 Management Update (13 pages) - (bracketed material does not pertain to security problems

as requested under this F0IA)

6. 03/05/86 Two Licensee's printouts for nonconformance update

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(21 pages) - Exemption 6 i

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t SAFE ENERGY COALITION OF MICHIGAN P.O. BOI 331 MONR0E,. MICHIGAN 48161 ms o w useawasa Freedom"of Information Officer foI A 4 b-WO U.S. Nuclear Regulatory Commission

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Washington, D.C. 20555

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Dear Sir /Ms. :

Pursuant the Freedom of Information Act. 5 USC 552 et Seq. as amended, the Safe Energy Coalition of Michigan hereby request material as described belows (1) All information including documents, notes, memos, reviews, re-ports, etc. regarding Fermi 2 (Monroe County, Michigan) produced by the Institute of Nuclear Power Operations (INPO),

(a.) This should include , but not be restricted to the September, 1985 and the April, 1986 review of the operations and management of Fermi 2 and its owner the Detroit Edison Company, (b.) Also included should be any Nuclear Regulatory Commission information, reviews, reports, or responses, etc. to INPO O in regards to tre Fermi 2 nuclear power plant.

(2) All information , including reports, reviews, documents., notes, memos, etc. regarding the security problems and violations issued at the Fermi 2 nuclear plant since 1984.

(3) All information, including documents, reports, minutes, memos, transcripts, etc. from all meetings held on June 2nd and 3rd, 1986 with Region III staff and other. parties, such as the Fermi 2 In-dependent Overview Committee (IOC) . Detroit Edison Co. , Monroe Coun-ty government officials, INPO, financial institution representatives, press, etc. regarding the Fermi 2 nuclear power plant.-

Pursuant, 5 USC 552 (a) (4)(A), we hereby request waiver of all fees in connection with this request "because furnishing the informa- .

tion can be considered primarily benefitting the general public." If any fees are to be charged in connection with this request, please notify us in advance for approval at the above address or at this telephone number 313-477-3441 or 313-477-1670. This advance notice shall not be necessary if the fees are to be less than $ 15 00 in total.

We look forward to your response within ten (10) business days after you receive thic request, as specified in the Act, (FOIA).

you for your help in this matter. Thank ,

Sincerely, bd

()u .(o

A7pM} Jenni er E. Puntenn

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