Lightning: The cover-up continues. INPO SER 76-84

Yesterday I sent the Chairman NRC and others my latest appeal for INPO 76-84. There are other e-mail exchanges below. My latest request is in red. The feds are wild about covering-up for INPO while they claim to love their tax-paying public. And the stubborn INPO refuses to release INPO 76-84. *#&%^!


Subject:
FW: Please send me INPO 76-84
Date:
9/19/2008 5:15:20 A.M. Mountain Daylight Time
From:
Scott.Burnell@nrc.gov
Reply To:
To:
bobleyse@aol.com, FOIA.Resource@nrc.gov
CC:
CHAIRMAN.Resource@nrc.gov



Mr. Leyse;

Your request has been forwarded to the FOIA office. Thank you.

Scott Burnell

From: Bobleyse@aol.com [mailto:Bobleyse@aol.com] Sent: Thursday, September 18, 2008 9:59 PMTo: CHAIRMAN Resource; Scott Burnell; sspecker@epri.com; smithrk@inpo.org

Subject: Re: Please send me INPO 76-84

The NRC claims that INPO has met the requirements for showing that INPO 76-84 is covered by FOIA Exemption 4:

"Trade secrets and commercial or financial information obtained from a person that are privileged or confidential."

It is highly unlikely that INPO 76-84 has one bit of Trade secrets and commercial or financial information that are privileged or confidential.

However, for the time being, let me refine my request. In this refined request, I am seeking public disclosure of those aspects of INPO 76-84 that discuss the Salem lightning strike of June 8, 1980.


I reported this event as a significant event on August 12, 1980, when I was with NSAC. Within hours of my report, INPO objected to my submittal. I insisted that my submittal should stand. A long time later, March 11, 1982, I found out that NSAC had indeed buried my report.

I was way ahead of my time. It was not until 1985 that NRC issued the following:

November 5, 1985

Information Notice No. 85-86:



LIGHTNING STRIKES AT NUCLEAR POWER GENERATING STATION



Description of Circumstances: A number of plant trips and instrumentation problems attributable to lightning have occurred over the past 6 years. Since solid state circuitry designs are being increasingly employed in safety related systems, the impact of lightning induced line surges on those circuits is emphasized in this notice. Descriptions of several of the more significant events are presented below. Events involving lightning strikes of switchyards and the consequential impact on power distribution systems are not covered by this notice. However, INPO SER 76-84 covers this latter subject as well as summarizing earlier INPO documents dealing with lightning strikes at nuclearpower plants.



Note the public reference to INPO SER 76-84. Very likely this INPO SER 76-84 includes the Salem lightning strike of June 8, 1980.


So, for the time being, what I am asking for is the coverage of the Salem lightning strike of June 8, 1980 that is in INPO SER 76-84.

In its final response to my FOIA, the NRC told me that under its agreement with INPO, described as a Memorandum of Understanding dated December 10, 2007, the NRC is required to protect INPO documents from unauthorized disclosure when they contain proprietary information.

I have read the Memorandum of Agreement dated December 10, 2007, and I find that the NRC is not legally required to do anything: I read on page 1;


This Memorandum is not intended to be an enforceable agreement or contract on either party ... Since this Memorandum is not legally binding, the Commission may depart from its terms whenever it deems it necessary or appropriate to do so ...

Well, it is highly unlikely that INPO SER 76-84 contains any proprietary information regarding the lightning strike at Salem on June 8, 1980. Indeed, I doubt if INPO SER 76-84 has any information that is in greater depth than Salem LER NO. 50-272/80-031.

So, for the time being, I would like to see the aspects of INPO 76-84 that describe the events at Salem on June 8, 1980.

I have also provided the attachment, Memorandum of Agreement, December 10, 2007, that has the text of this forwarded e-mail.




In a message dated 9/17/2008 8:47:47 A.M. Mountain Daylight Time, Scott.Burnell@nrc.gov writes:
Mr. Leyse;

Thank you for your e-mail to Chairman Klein's office. As the FOIA office indicated in its original determination and reply to your appeal, INPO has met the requirements for showing INPO 76-84 is covered by FOIA Exemption 4:

"Trade secrets and commercial or financial information obtained from a person that are privileged or confidential."

The NRC therefore cannot provide INPO 76-84 to anyone outside the agency. Thank you.

Scott Burnell
Public Affairs Officer
Nuclear Regulatory Commission