ML20212R476

Final Response to FOIA Request for Four Categories of Records Re Fermi Plant.Documents Identified on Encl App D Withheld (Ref FOIA Exemptions 2,5 & 7)

ML20212R476
Person / Time
Site:	Fermi
Issue date:	01/29/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Puntenney J SAFE ENERGY COALITION
References
FOIA-86-362 NUDOCS 8702020673
Download: ML20212R476 (5)

Text

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UNITED STATES hh NUCLEAR REGULATORY COMMISSION

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JAN 2 91987 Ms. Jennifer E. Puntenney Safe Energy Coalition of Michigan P.O. Box 331 IN RESPONSE REFER Monroe, MI 48161 TO F01A-86-362

Dear Ms. Puntenney:

This is in final response to your letter dated May 14, 1986, in which you requested, pursuant to the Freedom of Information Act (F0IA), four categories of records regarding the Fermi plant.

The documents identified on enclosed Appendix D are subject to category two of your request and are being withheld from public disclosure. Documents 1 through 16 contain predecisional advice, opinions and recomencations of the Comissioners, and between the Comissioners and their staff, on the Fermi nuclear power plant. Because the documents reflect the predecisional process between the Comissioners and their staff, the documents are exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5),

and 10 CFR 9.5(a)(5) of the Comission's regulations. Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The documents do not contain any reasonably segregable factual portions and are being withheld in their entirety.

Document 17 on Appendix 0, the closed Comission meeting transcript, pertains to a briefing on the status of the Fermi lant. The transcript is being withheld in its entirety pursuant to Exemptions theSunshineAct(5U.S.C.552b(c)(2),(5,and(7)).2 t , (5), and (7) of the Government in The records that are icentified on enclosed Appendix E are subject to category three of your request and are being withheld in their entirety pursuant to

. Exemption 7(A). Infonnation withheld pursuant to Exemption 7(A) consists of I investigatory records compiled for law enforcement purposes the release of whichicould reasonably be expected to 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 l withheld from public disclosure pursuant to Exemption 7(A) of the F0IA, 5 U.S.C.

l 552(b)(7)(A) and 10 CFR 9.5(a)(7)(1) of the Comission's regulations.

l Records that are subject to category one of your request were addressed in response to another F0IA request. Copies of the released documents are available in the NRC Public Document Room located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-86-373 under the name Garde.

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l 8702020673 870129 bTEN 6-362 PDR

Ms. Puntenney Pursuant to 10 CFR 9.15 of the Comission'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 D is John C. Hoyle, Assistant Secretary of the Comission. The person responsible for the denial of the documents on Appendix E is Sharon R. Connelly, Director, Office of Inspector and Auditor.

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, addresseo to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and shoulo 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,

) i,c f /Y Donnie H. Grimsley, Director

f Division of Rules and Records Office of Administration

Enclosures:

As stated i

l f

,. RE: F0IA 86-362 APPENDIX 0 Withheld Documents

1. 3/11/86 Handwritten notes of N. Palladino re: 3/12/86 Meeting, " Status Briefing on Fermi (2 pages)

2. 3/16/86 Handwritten note from N. Palladino to P. Polk re: Staff requirements memorandum from 3/12/86 meeting, " Status Briefing on Fermi" (1 page)

3. 3/14/86 Note from N. Hallcr to N. Palladino re: Staff requirements memorandum from 3/12/86 meeting,

" Status Briefing on Fermi" (1 page)

4. 9/11/85 Note from P. Polk to Chairman Palladino re:

9/12/85 01/01A Meeting on Fermi Unit 2 (3 pages)

5. 10/21/85 Note from P. Polk to Chairman Palladino re:

Meeting on 10/21/85(2pages)

6. Undated Draft Opening Remarks authored by Polk re:

9/12/85 OI/01A meeting, Fermi, Unit 2 (2 pages)

7. 12/10/85 Note from P. Polk to Chairman Palladino re: 01 meeting of 12/11/85 (2 pages)

8. 3/12/86 Handwritten notes of N. Palladino re: 3/12/86 Commission meeting w/ staff on Fermi Plant (4 pages)

9. 3/11/86 Note from P. Polk to Chairman Palladino re:

Fermi open and closed meetings of 3/12/86 (3 pages),

w/ attachment: Handwritten notes of N. Palladino re:

3/11/86 Polk Note (1 page)

10. 3/11/86 Handwritten note from W. Magee to P. Polk re: 01 Fermi Reportj (1 page) 11, 8/21/85 Handwritteri note from N. Palladino to N. Haller re: Request for memo from E00 on Fermi incident of 7/2/85(1page)

12. 8/26/85 Memorandum from N. Palladino to W. Dircks re:

Fermi-2 Incident (1page)

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13. 5/21/86 Note from W. Magee to Chairman Palladino re:

Fermi-2 Enforcement Action (2 pages)

14. 3/3/86 Handwritten notes of N. Palladino re: Meeting with Stello of 3/3/86 (1 page)

15. 3/10/86 Handwritten notes of N. Palladino re: Meeting with Stello of 3/10/86(2pages)

RE: F01A-86-362

. APPENDIX D (con't)

16. 10/1/85 Memorandum from N. Palladino to Chairman Dingell re: Response to 8/23/85 Dingell letter concerning investigation into 7/2/85 event at Fermi 2 plant (1 page) w/

Attachment:

8/23/85 Dingell letter

17. 3/12/86 Closed Commission Meeting Transcript--Exemption 2, 5 & 7,

Subject:

" Status Briefing on Fermi" (62 pages)

F01A-86-362 APPENDIX E One Office of Inspector and Auditor investigation that is subject to category 2 of your request is still ongoing and is being withheld from public disclosure pursuant to Exemption 7(A).

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SAFE ENERGY COALITION OF MICHIGAN P.O. BOX 331 MONROE, MICHIGAN 48161 5.ay 14, 1986 Freedom of Information Officer W OF INNNWADON U.S. Nuclear Regulatory Commission CE Washington, D.C. 20555 {gA ,MSTgg~Jf L

Dear Sir /Ms. :

% 'd s-19-n Pursuant amended, the Freedom of Information Act. 5 USC 552 et Seq. as as described belowsEnergy Coalition of Michigan hereby request material the Safe (1) All eviews and conclusions done on the Health Physics Program and department at Detroit Edison Company's Fermi 2 nuclear power plant in 5.onroe , County, Michigan, January, 1984 to present.

(2) All information, data, and reports on the closed meeting of

5. arch 12, 1986 in Washington, L.C. regarding Fermi 2

( 3) All information and reports on the Office of Investigator and Auditor investigation on Victor Stello, Director of Operations.

NRC being conducted at this time (4) All OIA reports NRC has done on Fermi 2 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 primurily benefitting the general public." If i

l notify us in advance for approval at the above address or at thisa telephone number 313-477-3441 or 313-4?

shall not be necessary if the fees are ?-1670. This advance notice to be less than $ 15 00 in total.

after you receive this request, as specified in the Act,Thank you for your hblp in this matter.

(FOIA).W f.l T ! _Lthl4A Sincerely,$.

pnm. v An*vn Ienni er E. Puntenney 3/3-V77 n ?W/