ML20214L068

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Final Response to FOIA Request Re Plant Proposed Civil Penalty.Forwards App B & D Documents.App B & C Documents Partially & Completely Withheld,Respectively (Ref FOIA Exemptions 5 & 7).App B,D & E Documents Available in PDR
ML20214L068
Person / Time
Site: Callaway Ameren icon.png
Issue date: 05/26/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Varricchio M
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20214L071 List:
References
FOIA-84-901 NUDOCS 8705290181
Download: ML20214L068 (6)
v • d • e


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I U.S. NUCLEA7 CEIULATORY COMMISSl!N Nsc Foi.s s.toutSt Nuvstasi g

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" i m F01A-84-901 eESPONSE TYPE g r t  ! RESPONSE TO FREEDOM O '

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  • \,*e.e / INFORMATION ACT (FOlA) REQUEST ^ I MM 2 6 gg oocasT NuustRiS ur een c.a.

REQutStiR Ms _ Micholo Varricchin PART 1.--RECORDS RELEASED OR NOT LOCATED ISee checked bones)

No agency records subpoet to the request have been located.

No additsonal agency records subsect to the request have been located.

Agency records subsect to the request that are identifed in Appendiu Q are already available for public inspection and copying in the NRC Public Docurnent Room, XX 1717 H Street, N W., Washmgton, DC.

(yy Agency records subsect to the request that are identifed in Appendix b* OUd O are being made avadaNe for puNec inspecten and copying in the NRC Public Document Room,1717 H Street. N W., Washmgton, DC, in a folder under the FOIA number and requester name.

The nonpropretary version of the proposalts) that you agreed to accept in a telephone conversaten vnth a member of my staff is now bemg made availab's for public inspection and coymg at the NRC Pubhc Document Room,1717 H Street, N W.. Washington, DC. in a folder under this FOIA number and requester name.

Enclosed is information on how you may obtain access to and the charges for copymg records placed in the NRC Pubhc Document Room,1717 H Street, N.W., Washing

)

Agency records subsect to the request are enclosed. Any applicaNe charge for copes of the records provided and payment procedures are noted in the comments section.

Records subject to the request have been referred to another Federal agencytes) for revew and direct response to you.

In vow of NRC's response to this request. no further action is being taken on appeal letter dated PART ll.A-lNFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton m the requested records is being withheld from public declosure pursuant to the FOIA exemptions described in and for the reasons stated in Part II, sec-nX tions a. c. and o. Any rWeased pomons of the documents for which ordy part of the record is being withheld are being made evadable for public inspectson and cop ihe NRC Public Document Room,1717 H Street. N W., Washmgton, DC, in a folder under this FOIA number and requester name.

C_4nts

  • n Released portions of records identified on Appendix B are being placed in the PDR.

Records identified on Appendix C are withheld from public disclosure in their entirety for the reasons stated in Part 11.B.5, 6, and 7.

The record identified on Appendix Ds with handwritten notations is being released in its entirety.

Si ATURE. DIRECTOR Df SiON F LES AND RECORDS v s , ' / * / /ts A - l ..

_< c B705290181 870526 PDR FOIA VARRICC87-901 PDR NRC FORM 464 (Pan h is asi 1

FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERtSI: F01A-84-901 DATE u r. u a e _ _ _ _

PART 110- APPLICA LE FOIA EXEMPTIONS IN 6 ' C35(

Records subject to the request that are described in the enclosed Appendices R: C are being withheld in their entirety or in part under FOIA Eaemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The wthheld information is property classified pursuant to Executive Order 12356 (EXEMPTION 11
2. The wthheld information relates solely to the internal personnel rules a.id procedures of NRC. fEXEMPTION 2)
3. The withheld informaton a specifically exempted from public declosure by statute indicated: (EXEMPTION 31 Section 141145 of the Atomic Energy Act which prohitsts the disclosure of Restncted Data or Formerly Restricted Data (42 U.S.C. 2161-2165).

Secten 147 of the Atomic Energy Act which prohitzts the disclosure of Unclassified Safeguards Informaten (42 U S C. 21671.

4. The withheld informaton is a trade secret or commercial or financial information that is being ethheld for the reason (s) indicated: (EXEMPTION 4)

The informaton is considered to be confidential busmess (propnetary) information.

The mformation is considered to be propnetary information pursuant to 10 CFR 2.790(dH1).

The informaton was st.bmitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(dll2).

5. The withheld infom'ation conssts of interagency or intraagency records that are not available through discovery dunng litigation. Declosure of predecisional information X would tend to inhibi the open and frank enchange of ideas essential to the deliberatrve process. Where records are withheld m ther entrety, the facts are inextricatWy intertwmed eth the piedecisenalinformaton. There e'so are no reasonatWv segregable factual portions because the release of the facts would permit an mdirect inquiry into tne predecmonal process of the egency. (EXEMPTION 51
6. The wthheld informanon is exempted from pubhc d sclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 61
7. The wthheid informaton conssts of investigatory records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 71 Declosure would irnerfere with en enforcement proceedmg because it could reveal the scope,4recten, and focus of er.forcement efforts. and thus could possetwy allow them to take acton to shield potential wrongdomg or a violaten of NRC requirements from investigators. IEXEMPTION 7(Al)

Disclosure would constitute an unwarranted invasen of personal privacy (EXEMPTION 71C))

The information consrsts of names of individuals and other information :he disclosure of which would revealidentities of confidental sources. (EXEMPTION 7101)

PART ll C-DENYlNG OFFICIALS Pursuant to 10 CFR 9 9 and/or 9.15 of the U.S. Nuclear Regulatory Commessen regulatens, it has been determmed that the informaton withheld a exempt from production or desclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the demal are those officals identified below as denymg officials and the Drector.

Divsen of Rules and Records Office of Adminstraten, for any denaals that may be appealed to the Executrve Drector for OperatenslEDot DENylNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL Mr. Bert Davis Regional Administrator $'c= **

Region III B 1,_B 2,_B 3, C3, C4, C7 X Director, Office of C1, C2, C6, C8 Dr. Thomas F. Murley Nuclear Reactor RegulationC9, CIO, Cll, C12, CL3 X Deputy General Counsel Mr. James P. Murray for Hearings & Enforcenent C5 X PART la D- APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, 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."

senc Fonu aos (Port 2>

  • asi U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

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~ Re:'F01A-84-901 APPENDIX B RECORDS PARTIALLY WITHHELD

1. 10/16/84 Memorandum for Dircks from Keppler with response to Asselstine (1 page) (Released)

^

Enclosure:

10/16/84 Draf t Memo for Asselstine from Dircks, subject: Callaway.- Late Allegations and Readiness to Proceed Beyond Low Power Operation (3 pages)

(Released)

Enclosure I: Undated - Late Allegations Evaluation (3 pages)

(Portions Withheld - F0IA Exemption.(7)(A). Denying Official: Mr. Bert Davis, R III.

Enclosue II: Undated - Callaway Plant Operating Experience (5 pages)(Released)

2. 10/16/84 Memorandum for Denton from Keppler, subject: Callaway Readiness for Full Power License. (2 pages) (Released) w/ enclosures:

Enclosure Enclosure 2(2pages)(Released1 (1 page) (Released))

Enclosure 3 (2 pages) (Portions withheld F0IA Exemption (7)(A) Denying Official: Mr. Bert Davis, R III Enclosure 4 (3 pages) (Released)

3. 10/17/84 Memorandum for Asselstine from Dircks, subject: Callaway

- Late Allegations and Readiness to Proceed Beyond Low a Power Operation (2 pages) (Released) w/encisoures:

Enclosure I - Late Allegations Evaluation (3 pages) (Portions i

Withheld-F0IAExemption(7)(A),DenyingOfficial:

Mr. Bert Davis, RIII 3 EnclosureII - Callaway Plant Operating Experience (5 pages)

(Released) 4 1

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GOVERNMENT ACCOUNTABluTY PICJECT 1555 Connecticut Avenue. N.W., Suite 202 Washington D.C. 20036 (202)232-8550 December 3, 1984 FREEDOM OF INFORMATION ACT REQUEST FREEDOM OF INFORMATION ACT REQUEST f c f Administration "*  !

U.S. Nuclear Regulatory Commission i ggg Washington, D.C. 20555 To Whom It May Concern:

Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, the Government Accountability Project (GAP) requests copies of any and all agency records and information, including but not limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calandars, tapes, transcripts, summaries, interview reports, procedures,  !

instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, telephone messages, inter office memoranda, computations, voice recording, and other data compilations, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with and/or as a result of the following in regard to the Callaway Nuclear Power Plant, Unit 1, authorized by NRC operating License No. NFP-25:

  • Citizens petition submitted pursuant to 10 CFR 2.206 to the NRC by the Government Accountability Project (. GAP) dated September 28, 1984;
  • Review by NRC Region III representatives and NRC commissioners prior to the October 4, 1984 Commission meeting held in Washington, D.C. on the authorization of a full power license for the Callaway plant; l
  • Memorandum for Harold Denton (NRR) from James Keppler, Regional Administrator Region III, regarding Callaway Readiness for Full Power l License ard the Enclosure 3 titled Late Allegations Evaluations; I
  • Telephone conference at 1 PM CDT on 10/5/84 held with representatives of Region III, I&E, and NRR to review and assess the 48 allegations filed by GAP.

Telephone conversation and personal discussion with the NRC staff and representatives of GAP on October 4,5,8,11,15,1984 for the purpose of obtaining the affidavits which GAP relied upon to prepare allegations;

I' Director December 3, 1984 Office of Administration Page two

  • Inspection Report 84-45;
  • ' Letter dated October 17, 1984 from GAP to Harold Denton (NRR) regarding Callaway;
  • Letter dated-November 7, 1984.from Harold Denton (NRR) to Billie Garde (GAP) to acknowledge GAP letter of September 28, 1984 requesting the suspension of the low power license and denial of full power license; i
  • Letter dated November 21, 1984 from Frank Miraglia regarding

.the NRC's request for additional information concerning allegations contained in GAP letter of September 28, 1984;

  • Enforcement conference held on August 20, 1984 with Region III representatives and utility (. Union Electric) representatives to discuss the routine safety inspection held during July 30-August 3, 1984 and August 13-17, 1984;
  • Letter dated October 19, 1984 from Regional Administrator, Region III, James Keppler to Donald Schnell of Union Electric regarding a proposed civil penalty for violation;
  • November 30, 1984 conference held inLthe office of-Frank Miraglia with Bill Forney, Callawy plant manager, Attorney Leiberman, Billie Garde and Michele Varricchio (GAP) to discuss the NRC request for additional information.

This request includes all agency records as defined-in 10 C.F.R >

9. 3a (b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and A.3 (approved October 8, 1980), whether they currently exist'in the NRC official ~" working" investigative or other files, or at any other  !

location, including private residences.

l If any records, as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, supra,and covered by this request have been destroyed and/or  ;

removed, or are destroyed and removed after receipt of this request,  !

please provide all surrounding records, including, but not limited to, a list of all records which have been or are destroyed and/or removed, a description of the action (.s) taken, relevant date (s) , individual, office and/or agency-wide policies and/or justifications for the action (s), identification of all personnel involved with the actions, and any and all records relevant to, generated in connection with, and/or issued in order to implement the action tsl .

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Director December 3, 1984

.. Dffice of Administration Page three GAP requests that fees be waived, because " finding the information can be considered as primarily benefitting the general public,"

5. U.S.C. 552 (a) (4) (A) . The Government Accountability Project is a non- profit, non-partisan public interest organization concerned with honest and open government. Through legal representation, advice, national conferences, films, publication and public outreach, the Project promotes whistleblowers as agents of government accountability.

Through its Citizens Clinic, GAP offers assistance to local public interest and citizens groups seeking to ensure the health and safety of their communities. The Citizens Clinic is currently assisting several

' citizens groups and intervenors in the Missouri area concerning the construction of the Callaway nuclear power plant.

We are requesting the above information as a part of an ongoing monitoring project on the adequacy of the NRC's efforts to protect public safety and health at nuclear power plants.

For any documents or portions therof that you deny due to specific FOIA exemptions, 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 relevant to the document / portion of document withheld. This index is required under vaughn v. Rosen (I) , 484 F.2d 820 (D.C. Cir. 1973) cert. denied, 415 U.S. 977 (1974).

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

Sincerely,'

I' f

hele Varricchio Staff Associate l

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Re: F0IA aa oni APPENDIX C RECORDS TOTALLY WITHHELO NUP.3ER DATE DESCRIPTION & EXEMPTION

1. Undated Draft letter w/ annotations to Schnell from Taylor (6 pages) Exemption (5), Denying Official: Dr. Thomas E.

Murley, NRR

2. 9/17/84 Memo for Axelrad from Schultz, subject: Union Electronic Company - Callaway Plant Proposed Civil Penalty (22 pages)

Exemption (5),DenyingOfficial: Dr. Thomas E. Murley, NRR.

3. Undated Memo for Axelrad from Schultz subject: Union Electric Company - Callaway Plant Proposed Civil Penalty (9 pages) w/encicsed draft enforcement package Exemption'(5).

Denying Official: Mr Bert Davis, RIII,

4. Undated Memo for Axelrad from Schultz, subject: Union Electric Company - Chilaway Plant Proposed Civil Penalty, w/ enclosures (17 pages) Exemption (5), Denying Official:

Mr. Bert Davis, RIII.

5. 10/2/84 Note to Axelrad from Burns, subject: Union Electric Company - Callaway Unit (EA-84-97) (9 pages) Exemption (5), Denying Official: Mr. James P. Murray, OGC.
6. Undated Annotated draf t EA-84-97, Order Imposing Civil Monetary Penalty (6 pages) Exemption (5), Denying Official: Dr.

Thomas E. Murley, NRR

7. 10/2/84 Allegation Data Form (1 page) Exemption (7)(A), Denying Official: Mr. Bert Davis, RIII 8.

10/16/84 Memo for Pawlick from Keppler, Subjec't: Request for Investigation - Callaway (50-483) (ATS No. RIII -

84-A-0138) (2 pages) Exemption (7)(A), Denying Official:

Dr. Thomas E. Murley, NRR

9. 10/22/84 Memo for Warnick thru Schweibinz from Foster, subject:

Possible Identity, GAP Callaway A11eger (1 page) Exemptions (5),(6),(7)(A)(D)

NRR Denying Official: Dr. Thomas E. Murley,

10. Undated Handwritten Notes titled Categories (1 page) Exemption (7)(A), Denying Official: Dr. Thomas E. Murley, NRR
11. Undated Handwritten Notes in table form - Callaway ~ Allegations (2 pages) Exemption (7)(A), Denying Official: Dr. Thomas E.

Murley, NRR.

12. Undated Handwritten list of issues (1 page) Exemption (7)(A).

Denying Official: Dr. Thomas E. Murley, NRR

13. Undated Draft letter to Garde from Lieberman re: acknowledging receipt ofOfficial:

Denying GAP's 9/28/84 letter (4 pages) Exemption (5).

Dr. Thomas E. Murley, NRR

Re: FOI A- 84-901 APPENDIX D RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER NUMBER DATE DESCRIPTION

1. 9/26/84 Letter to the Commissioners from Varricchio and Garde with handwritten notes on investigations, placed in the margins. (17 pages) NOTE: A copy of this record without the added notations in the margins, is available in the PDR as listed on Appendix A 13, AN0: 8410020716.

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Re: F01A-84-901 4

APPENDIX E RECORDS MAINTAINED AMONG PDR FILES THE FOLLOWING RECORDS ARE FILED IN THE PDR UNDER EA-84-97: ,

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1. Accession No. 8410230058 (3 pages) I
2. Accession No. 8410230064 (4 pages)
3. Accession No. 8501220571 (5 pages) t i

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