IA-87-327, Partial Response to FOIA Request Re Emergency Planning for Plant.App D Documents Totally Withheld (Ref FOIA Exemption 5)

Partial Response to FOIA Request Re Emergency Planning for Plant.App D Documents Totally Withheld (Ref FOIA Exemption 5)

ML20238B092
Person / Time
Site:	Seabrook
Issue date:	08/27/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Curran D HARMON & WEISS
References
FOIA-87-327 NUDOCS 8709010059
Download: ML20238B092 (3)

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I RESPONSE TO FREEDOM OF {

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g INFORMATION ACT (FOIA) REQUE DOCKER hvMeta:St t/f apphesem 27 @

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PART 4.-RECORDS RELEASED OR NOT LOCATED (See checked bomest No sgency records subsect to the request have been located.

No additional agency records subrect to the request have been located.

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/ 2 ncy recorda subtect to the request that are identded in Appendix are already available for public inspectson and copying in the NRC Public Document Room, j 1717 H Street, N W., Washington, DC . j Agency records subpect to the request that are identifed in Appendix are being made available for public inspecten and copying in the NRC Public Document Room 1717 H Street, N W , Washington, DC in a folder under the FOIA number and requester nane.

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff a now being made avaiable for public inspection and coying at the NRC Public Document Room,1717 H Street, N W . Washington, DC, in a folder under the FOIA number and requester name.

Enctosed is information on how you rnay obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

Agency recordh subject to the request are enclosed. Any applicable charge for copas of the t.nords provided and payment procedures are notad in the commente section.

Records subject to the request have been referred to another Federal agencybest for review and direct response to you.

In view of NRC's response to the request, no fudher action a being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the f OIA exemptions described in and for the reasons stated in Part 11, sec-trans D. C and D. Any released portions of the documents for which only part of the record a being withheld are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street. N W., Washington, DC, in a folder under the FOlA number and requester nome.

J Comments i

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87090100$9 870827 ,

PDR FOIA i NRC FORM 464 (Part b CURRANB7-327 PDR l j

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1 FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERISI DATE MlQ p 7 % .

t'A7tT tl B- APPLICABLE FOIA EXEMPTIONS W Racords subject to the request that are described in the encloser! Appendices are being withheld in their entarety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

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1. The ethheld information is properly classefeed pursuant to Executive 0, der 12356 (EXEMPTION 11 j

2. The ethheld information relates solely to the intemal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The mthheld information is specifically exempted from pubhc declosure by statute endecated- (EXEMPTION 3)

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l Secton 141145 of the Atomic Energy Act whech prohibits the declosure of Restricted Data or Formerly Restncted Data 142 U.S.C. 21612165L J Section 147 of the Atomic Energy Act which prohituts the disclosure of Unclassified Safeguards informat on (42 U S C. 2167).

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4. The ethheld information is a trade secret or commecial or financial mformation that is being withheld for the reason (s) indicated: (EXEMPTION dl  !

The information is considered to be confidential business (proprietary) informaison.

The information is considered to be proprietary information pursuant to 10 CFR 2.790(dHil.

The information was submitted and received in confidence from a foregn source pursuant to 10 CFR 2.790(dM2L

6. The mthheld information cons 6sts of interagency or intraagency reurds that are not available through uiscovery dunng litegation. De, closure of predecisional information would tend to inhibit tse open and trank exchange of ideas essential to the deliberative process Where records are withheid in their entirery, the facts are inextricably intertened uth the predecisional mformation. There also are no reasonably se indvoct anquiry mto the predecisional process of the agency. (EXEMPTION $ gregable factual portions because the release of the facts would permst an i X j l

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6. The ethheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy. (EXEMPTION 61 i 7. The withheld information consists of investigatory records compded for law enforcement purposes and is being wtthheld for the reason (s) indicated (EXEMPTION 7) l Disc 60sure would interfere with an enforcement proceedino because it could reveal the scope, direction, and focus of enforcement efforts and thus could l possably allow them to talte action to shield potential wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7;AD Disclosure would constitute en unwarranted invasion of personal pnvecy (EXEMPTION 7(CD The information consists of names of individuals and other information the disclosure of which would revealidentroes of coa.hdential sources. (EXEMPTION 7tDD j

i PART 11 C-DENYING OFFICIALS 7 j Pursuant to 10 CFR 9.9 and/or 9.16 of the U S. Nuclear Regulatory Commesson regulatons, it has been determined that the information withheld is exempt from product >on or disclosure.

aw that res prodaction or disclosure is contrary to the public interest. The persons responsible for the denial are those officants identified below as canyng officials and the Director, l Devmeon of Ru6es and Records, Office of Administration, for any denials that may be appealed to the Execueve Director for Operations ttoot [

l DENYING Of FICIAL m , T{T(E OFFICE . . RECORDS DENIED APPELLATE OFFICIAL W4I M[hWb$)tg secarmy too i Wm N bKnI g D, ,-dg V - ,

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PART 1 0- APPEAL RIGHTS The denial by each denying official identified in Part it.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 oi 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 Corrmission, Washington, DC 20555, and should clearly state on the envelope and in the letter that 11 is an " Appeal from an Initial FOIA Decision."

nc ponM as4 treri a oes U.S. NUCLEAR REGULATORY COMMISSION l FOIA RESPONSE CONTINUATION 1

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APPENDIX RECORDS TOTALLY WITHHELD M BER DATE DESCRIPTION & EXEMPTION i j

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HARMON & WEISS 2006 S STRECT,N.W.

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GAtL McGREEVY H ARMON TELEPHONE ELLYN R. WIISS (202)328 3500 DIANE CURRAN ggg DEAN R. TOUSLEY cNDncA c. rcesTcR June 9, l!87

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HAND DELIVERED DRR/FWo Donnie H. Grimsley, Director .

FREEDOM OF INFORMATION Division of Rules and Records ACT REQUEST j Of fice of Administration U. S . Nuclear Regulatory Commission 7735 Old Georgetown Road

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i Be thesda, Maryland b Y )-

Dear Mr. Grimsley:

Pursuant to the Freedom of Information Act, 5 U. S.C. S 5 52( b) , I request that you make available to the New England Coalition on Nuclear Pollution ~ ("NECNP"), by placement in the NRC Public Document Room at 1717 H Street, N.W., all documents in the j NRC's possession which evaluate or discuss the risks that could be posed to the beach population within ten miles of' the Seabrook '

nuclear power plant if there were a radiological accident at Seabrook; protective measures for the beach population that have 1 been considered; and the NRC's position regarding the adequacy of 1 protective measures for the beach population around Seabrook.

(This request does not include the letter from Robert Bores, Technical Assistant, Division of Radiation Safety and Sa feguards, NRC, to Edward A. Thomas, Chairman, Regional Assitance Committee, Federal Emergency Management Agency, dated sometime in May or June,1987, which has been requested in a separate FOIA letter dated today.)

NECNP is a non-profit organization that is actively partici-pating in the operating license proceeding for the Seabrook nuclear power plant. The aim of the organization is to fully air before, the NRC, the courts, and the general public, the serious safety issues surrounding the licensing of the Seabrook plant.

The information requested in this FOIA request will assist NECNP in that effort. Therefore, we request that you waive any search-ing or copying fees that may be incurred in this search.

If, for any reason, you withhold any document or part thereof, please describe the material that is withheld and  ;

explain your reasons for believing that 'it is exempt from dis-closure under the Freedom of Information Act. In addition,

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Donnie H. Gr irns ley June 9, 1987 Page 2 1

please explain why it should not be disclosed in the public interest.

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days,Iaslook forward provided byto the receiving Act. your response within ten working !

Sincerely, i, O \

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Diane Curran i 1

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