ML20210R231

Further Response to FOIA Request for Three Categories of Records Re NRC Proposed Rule on Earthquakes & Emergency Planning.Forwards App H Documents.App I Documents Also in Pdr.App J Documents Withheld (Ref FOIA Exemption 5)

ML20210R231
Person / Time
Site:	Diablo Canyon
Issue date:	04/15/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Bell N NUCLEAR INFORMATION & RESOURCE SERVICE
Shared Package
ML20210R237	List: ML20210R231 ML20210R257 ML20210R272
References
FOIA-85-653 NUDOCS 8605160167
Download: ML20210R231 (6)

Text

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APR 151996 Ms. Nina Bell, Assistant Director Nuclear Information and Resource Service 1616 P Street, NW, Suite 160 IN RESPONSE REFER Washington, DC 20036 TO F0!A-85-653

Dear Ms. Bell:

This is in further response to your letter dated September 20, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), three categories of records regarding NRC's proposed rule on earthquakes and emergency planning.

The documents identified on enclosed Appendix H are being placed in the NRC Public Document Room (PDR) located at 1717 H Street, NW, Washington, DC 20555, in file folder F0IA-85-653 in your name. The documents identified on enclosed Appendix I are already availabie in the PDR. We have indicated the PDR accession number beside each document description.

The documents identified on enclosed Appendix J contain the predecisional analyses, opinions, and recommendations of the Commissioners, and between the Coimissioners and their staffs, on the proposed rulemaking on emergency planning. Because the documents reflect the predecisional-process among the Commissioners, and between the Commissioners and their staffs, the documents e

are exempt from mandatory disclosure pursuant to Exemption (5) of the F0IA, 5 U.S.C. 552(b)(5), and the Commission's regulations at 10 CFR 9.5(a)(5').

Release of the infonnation would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The documents on Appendix J do not contain any reasonably segregable factual portions and are being withheld in their entirety.

The enclosed Appendix K lists documents which are contained in Chairman Palladino's Diablo Canyon hearing book from the July 10, 1985, hearing before the House Subcommittee on Energy Conservation and Power, Comittee on Energy and Commerce. The documents are subject to Category 1 of your request.

The release determination is indicated beside each document description. The documents that are being released are being placed in the PDR in file folder F0IA-85-653 under your name. Documents 4, 5 and 6 are being withheld pursuant to Exemption 5 of the F0IA, for reasons noted above.

Pursuant to 10 CFR 9.15 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 person responsible for this denial is Mr. John C. Hoyle, Assistant Secretary of the Commission.

$31g7860415 DELL-85-653 PDR e

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4 This denial may be appealed to the Secretary.of the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed 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."

The search for and review of documents that are subject to your request are continuing. We will notify you upon completion of the search and review.

Sincerely, b

Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

Enclosures:

As stated

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Re: F01A-85-653 I

APPENDIX H Documents Being Placed in the PDR 1.

03/25/85 New York Times article, " House Panel to Scrutinize Nuclear Safety Rulings" 2.

07/10/85 Statement of J.K. Asselstine before the House Subcommittee -

on Energy Conservation and Power (Category 1) 3.

08/07/85 Memo from Asselstine to Ward

Subject:

Proposed Rulemaking on Emergency Planning (Category 3) e3 k

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Re: F0!A-85-653 APPENDIX I Documents Already Available in the PDR 1.

08/31/81 In the Matter of Southern California Edison Company (San Onofre Nuclear Generating Station, Units 2 and 3) - NRC Staff's Response to Applicants' Request for Certification to the Nuclear Regulatory Commission.

PDR Accession No.

8109020030 (Category 3) 2.

08/16/85 letter from J.K. Asselstine to Rep. Markey.

PDR Accession No.

8508210450 (Category 3) 3.

09/24/85 letter from Samuel Speck, FEMA.

PDR Accession No. 580930037A (Category 3) k 9

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Re: F01A-85-653 APPENDIX J Documents Being Withheld (Documents Are Subject to Category 3) 1.

10/22/84 Memo from L. Stoloff, J. Meyer and S. Sohinki, "SECY-84-394--

Proposed Rulemaking Re: Earthquake Effects" (2 pages) 2.

10/30/84 Memo from F. Bernthal to Commissioners Re: SECY-84-394 (1page) 3.

06/20/85 Memo from L.W. Zech to OCA, "0CA Memorandum of June 16, 1985 -

Diablo Canyon Question - Earthquakes and Emergency Planning" (1page) 4.

07/09/85 Handwritten note from N.J. Palladino to C.W. Reamer (1 page) 5.

07/09/85 Handwritten note from C.W. Reamer to N.J. Palladino (1 page) 6.

07/09/85 Handwritten note from C.W. Reamer to N.J. Palladino (1 page) 7.

07/08/85 Handwritten note from C.W. Reamer to N.J. Palladino (1 page) 8.

07/05/85 Handwritten note from C.W. Reamer to N.J. Palladino. (1 page) 9.

07/05/85 Handwritten note from C.W. Reamer to N.J. Palladino (1.page)

10. 08/21/85 Handwritten notes of J.K. Asselstine on copy of SECY-85-283 (Note: SECY-85-283 is already available in the PDR)

11. 08/21/85 Handwritten notes of Pat Davis on copy of SECY-85-283 s

12. 09/06/85 Handwritten notes of John Austin on copy of 9/6/85 memo from Zerbe to Commissioners (Note: The 9/6/85 memo was released in 12/23/85 response to this F0IA requesd.

13. Undated Handwritten notes of P. Davis on NRC staff proposed final rule contained in SECY-85-283 (1 page)

14. Undated Handwritten notes of J.K. Asselstine on NRC staff proposed final rule contained in SECY-85-283 (1 page)

15. Ifndated Unsigned draft summary of Commission's Decision, CLI-85-14 (4pages) s b

Re: F01A-85-653 Appendix K Documents Contained in Diablo Canyon Hearing Book of N.J. Palladino from 7/10/85 hearing before the House Subcommittee on Ener Power, Committee on Energy and Commerce (Category 1) gy Conservation and 1.

Undated Index. Being released 2.

06/10/85 Letter of invitation from Rep. Markey to Palladino (Released in 11/25/85 response to this F0IA request.)

3.

07/10/85 Final Oral Statement of N.J. Palladino. Being released 4.

07/10/85 Final Oral Statement of J.J. Palladino with unidentified handwritten notes. Being withheld.

(17 pages) 5.

Undated Unsigned Memo from H.R. Denton, NRR, to T. Rehm, ED0 Re:

Request from Richard Udell Regarding Diablo Canyon Hearing" (10 pages) Being withheld.

6.

Undated Unsigned possible questions and answers for hearing. Being withheld.

7.

08/10/84 Commission Decision, CLI-84-12, with cover-sheet.index prepared for hearing. Being released.

8.

02/25/85 Letter from Palladino to Markey. Being released

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9.

03/19/85 letter from Asselstine to Markey.

In PDR - Accession No.

8506060033 10.

01/13/84 Memo from W.J. Dircks to N.J. Palladino, Re: Emergency 4

Pla~nning and Seis nic Hazards" In PDR - Accession No.

8502090629

11. 04/03/84 Abbreviated version of Commission Order, CLI-84-4. Being released.

12.

12/08/81 Comission Memorandum and Order, CLI-81-33.

In PDR -

Accession No. 8112100185 13.

12/18/84 Proposed Rule, " Emergency Planning and Preparedness for Production and Utilization Facilities." Published in the Federal Register 12/21/84, 49 FR 49640.

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Nuclear Information and Resource Servic'e 1616 P Street, N.W., Suite 160, Washington, D.C. 20036 (202) 323-0002 Septebmer 20, 1985 FRET O

N kfw A i rON James M. Felton, Direc. tor Division of Rules and Records k

[g Q,ggfj3 Office of Adminstration U.S. Nuclear Regulatory Commission Washington, D.C.

20555 M

(fac 'c'I 92415 FREEDOM OF INFORMATION ACT REOUEST

Dear Mr. Felton:

Pursuant to the Freedom of Information Act, 5 U.S.C. 522, as amended, and 10 CFR 9.8 of the Commission's regulations, the Nuclear Information and Resource Service requests the following documents regarding NRC's proposed rule on earthquakes and emergency planning.

Please 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 memoranda.

In your response, please identify which documents correspond to which reque'sts below.

Pursuant to this request, please provide all documents prepared or utilized by, in the possession of, or routed through the NRC related to:

1.

Briefings and briefing materials used to prepare i

Commissioners for a July 10, 1985 hearing before Congressman Markey, including, but not limited to, items from the Office of General Counsel, General Solicitors Office, and the Office of Policy Evaluation; 2.

Transcripts or other documents prepared for or af ter meetings with the Office of Policy Evaluation prior to the July 10, 1985 hearing, mock hearings held with Chairman Palladino, and other meetings between Commissioners, between Commissioners and their assistants, or between NRC Staff; and 3.

NRC Staff memoranda and correspondence on the proposed rule to eliminate consideration of earthquakes in emergency preparedness.

Please provide a list of offices to which this request was forwarded.

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In our opinion, it is appropriate in this case for you to waive search charges, pursuant to 5 U.S.C. 552(a) (4) ( A) "because 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-mation to the general public.-

Information required by 10 CPR 9.14a was provided by letter dated August 3, 1984.

Sincerep ggk Nina Bell i

Assistant Director cc: File 6

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