ML20136G574
| ML20136G574 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 07/09/1985 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Bell N NUCLEAR INFORMATION & RESOURCE SERVICE |
| Shared Package | |
| ML20136F570 | List: |
| References | |
| FOIA-84-885 NUDOCS 8508190555 | |
| Download: ML20136G574 (6) | |
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UNITED STATES E
7 NUCLEAR REGULATORY COMMISSION h
E WASHINGTON, D. C. 20555 o
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JUL 0 91985
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b Ms. Nina Bell, Assistant Director Nuclear Information and Resource Service 1346 Connecticut Avenue, NW, 4th Floor IN RESPONSE REFER Washington, DC 20036 TO F0IA-84-885
Dear Ms. Bell:
This is in further response to your letter dated November 28, 1984, in which you requested, pursuant to the Freedom of Information Act (F0IA),
documents related to the restart of the San Onofre Nuclear Generating Station, Unit 1.
The documents identified on enclosed Appendix E are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-84-885 in your name.
The documents identified on enclosed Appendix F are being withheld in part, and the documents identified on enclosed Appendix G are being withheld in their entirety. The documents contain the predecisional analysis, opinions and recommendations of the Comissioners, and between the Comissioners and their staffs, on the issues involved in the Comission's decision on the restart of San Onofre, Unit 1.
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 F0IA, 5 U.S.C. 9552(b)(5), and the Commission's regulations, 10 CFR 69.5(a)(5). Release of the documents would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The releasable portions of the documents identified on Appendix F are being placed in the PDR. The documents identified on Appendix G do not contain any reasonably segregable factual portions and are being withheld in their entirety.
Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been determined that the infonnation withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for these denials is John C. Hoyle, Assistant Secretary of the Commission.
These denials may be appealed to the Comission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Comission, 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."
g 81 g 5 850709 BELLB4-885 ppg
The search for and review of documents that are subject to your request are continuing. We will notify you when the search and review are completed.
2 Sincer ly, i
.F ton, Director tvision of Rules and Records Office of Administration j
Enclosures:
As stated I
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Re: F01A-84-885 APPENDIX E DOCUMENTS BEING PLACED IN THE POR 1.
02/28/85 Memo to the Files from C. W. Reamer re: Meeting w/ Southern California Edison (22 pages) 2.
11/20/84 Memo from W.J. Dircks to Cmrs., " San Onofre Unit 1 Restart SER."(1page) 3.
11/19/84 Memo from W.J. Dircks to Cmrs., " San Onofre Full Power License" (37 pages) 4.
11/16/84 Memo from S.J. Chilk to Cmrs., " Briefing and Discussion on Issues in Operation of San Onofre, Unit 1" (6 pages) 5.
11/16/84 Letter from Hodel (00E) to NJP (1 page) 6.
11/15/84 Memo from NJP to Com'n, re: San Onofre Unit 1 (1 page) 7, 11/15/84 Memo from Dircks to NJP, re: Decision Regarding Restart of San Onofre Nuclear Generating Station, Unit 1 (2 pages) 8, 11/07/84 Memo from NJP to Com'n, re: San Onofre Unit 1 Restart (1page) 9.
11/06/84 Memo from Reamer to Legal Assts, re: San Onofre Unit 1 Restart w/ attachments (58 pages)
- 10. 11/05/84 Memo from NJP to Comm'n, re: Conversation with Congressman Fazio on San Onofre Unit 1 (1 page)
- 11. 10/30/84 Memo from NJP to Comm'n, Re: San Onofre Unit 1 (1 page)
- 12. 10/29/84 San Onofre Unit 1 Status (2 pages)
- 13. 10/18/84 Letter from D. Craven (Miller & Chevalier) to Reamer, re:
SONGS Seismic Withstand Capability w/ Enclosure (38 pages)
(Ltrdtd 10/17/84 from K Baskin So Cal Ed, to H. Denton w/ attachments) l 14.
10/11/84 Memo from NJP to Com'n re: Congressional Calls re San Onofre Unit I w/ enclosure (Memo from Haller to File dtd 10/10/84 re: Call from Congressman Bacham's Office Re San Onofre Unit 1)
(2 pages) 15.
10/04/84 San Onofre 1 Technical Status (3 pages) 16.
10/03/84 Memorandum from Miller & Chevalier, re: Authority of NRC to permit imediate restart of San Onofre (18 pages) 17.
10/02/84 Memo from Reamer to Files, re: Meeting with Southern California Edison (2 pages)
- 18. 09/21/84 Memo from NJP to Comm'n, re: Telephone Conversation with Congressman Badham (1 page)
l Re: F01A-84-885 APPENDIX E (Continued)
- 19. 09/21/84 Memo from NJP to File, re: Telecon with William Gould, Southern California Edison (1 page)
- 20. 09/21/84 Memo from H Plaine to Comm'n, Re: San Onofre Unit 1 (1 page)
- 21. 09/20/84 Memo from NJP to Cone'n, Re: Telecon - Congressman Ron Packard (2 pages) 4 d
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Re: FOIA-84-885 APPENDIX F d
DOCUMENTS BEING PARTIALLY RELEASED 1.
02/28/85 Memorandum to the Files, Re: San Onofre Unit 1 Restart--
Minutes of Meeting Held November 6,1984 (Minutes of 01 Presentation are being withheld) 2.
11/07/84 Memorandum from Palladino to Commission re: Decision Regarding Restart of the San Onofre Nuclear Generating Plant, Unit 1 (Paragraph 2, Items 1-3, and Paragraph 3 are being withheld)
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Re: F01A-84-885 APPENDIX G DOCUMENTS BEING WITHHELD 1.
11/20/84 Note to F. Bernthal from J. Meyer, " San Onofre 1 Full Power License (Meeting: 11/21/84; 9:30 AM)," (3 pages) 2.
11/19/84 Note from Reamer to NJP, Re: San Onofre Unit 1 Restart w/ attachments (21 pages) 3.
11/15/84 Memo from C. Reamer to Addressees, " Minutes of San Onofre Unit 1 Meeting," (2 pages) with attached draft MEMORANDUM TO FILES from C.W. Reamer, " San Onofre Unit 1 Restart--Minutes of Meeting Held November 6, 1984," (10 pages) and draft MINUTES 0F O! INFORMATION, (3 pages) 4.
11/15/84 Yote sheet of L. Zech on SECY-84-434 (1 page) 5.
11/15/84 Memo from Reamer to Those on Attached List re: Minutes of San Onofre I heeting w/ enclosure (Memo from Reamer to Files Re:
San Onofre Unit 1 Restart -- Draft Minutes of Meeting Held 11/06/84) 6.
11/08/84 Memo from F. Bernthal to N.J. Palladino, "COMNP-84-45--
Decision Regarding Restart of the San Onofre Nuclear Generating Plant, Unit 1," (2 pages) 7.
Undated Proposed Opening Remarks-Meeting with Chainnan Palladino, l
Comissioner Zech, and Others,11/6/84 w/ attachments (Questions, San Onofre Unit 1 Meeting 11/6/84 & Background, San Onofre Unit 1 Resart, Comission Meeting 11/6/84)
(3 pages) 8.
Undated Two draft versions (Memo to File - 10/4/84 Meeting with Southern California Edison) (8 pages) 9.
Undated Draft Memorandum to the File-Re: San Onofre Unit 1 Restart
--Minutes of Meeting Held November 6,1984(5pages)
- 10. Undated Draftof11/6MeetingMinutes(29pages)
- 11. Undated Group of Responses to 11/15/84 Request for Coments on Minutes (117pages)
- 12. Undated Interoffice Questions /Coments for 11/21/84 meeting on San Onofre I full power license, (4 pages)
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\\ucear n"ormation anc lesource Service 1346 Connecticut Avenue NW, 4th Floor. Washington, D C. 20036 (202) 296-7552 November 28, 1984 James M. Felton, Director Division of Rules and Records Office of Adminstration FREEDOM OF INFORMATION U.S. Nuclear Regulatory Commission ACT REQUEST Washington, D.C. 20555 h M -/y_[/f FREEDOM OF INFORMATION ACT REQUEST GC @ //-J 9-/
Dear Mr. Felton:
Pursuant to the Freedom of Information Act, 5 U.S.C. 522, as amended, the Nuclear Information and Resource Service requests the following documents regarding San Onofre Nuclear Generating Station Unit 1 (SONGS-1).
Pleaso 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 internal NRC Staff menoranda.
The documents are specifically requested from, but not limited to, the Office of the Executive Legal Director (OELD);
Office of Nuclear Reactor Regulation (NRR); and the Office of the General Counsel (OGC).
Pursuant to this request, please provide all documents prepared or utilized by, in the possession of, or routed through the NRC related to:
- 1. The legal and technical questions, analyses and opinions of the NRC Staff and NRC attorneys in OELD and OGC regarding the restart of SONGS-1, in particular documents which address the matter of restart prior to 100% completion of seismic upgrades;
- 2. The Commission's November 21, 1984 decision to allow the restart of operation of the San Onofre Nuclear Generating Station Unit 1 including particularly all memoranda, draft and final, written by the OGC; and
- 3. Communications (written or oral) of Southern California Edison Company, the licensee, with the NRC Staff and the Commissioners prior to the Commission meeting on November 21, 1984 that concern restart of construction prior to 100% completion of seismic upgrades.
In our opinion, it is appropriate in this case for you to waive i
search charges, pursuant to 5 U.S.C. 552 (a) (4) ( A) "because j
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. furnishing the information can be considered as primarily benefiting the general public."
The Nuclear Information and Resource Service is a non-profit organization serving local organizations concerned about nuclear power and providing infor-l mation to the general public.
Information required by 10 CFR 9.14a was provided by letter dated August 3, 1984.
NIRS is requesting this legal and technical analysis done by or for'the NRC Staff and the Commissioners for the purpose of assessing the legality of the Commission's decision to allow restart of SONGS-1.
The documents requested will be provided to concerned citizens and interested media.
If there are any questions regarding a fee waiver in this case I request immediate notification of same.
Sincer 1 ewe Nina Bell j
Assistant Director cca File 1
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