IA-96-396, Final Response to FOIA Request for Documents.Forwards Documents Listed in App a in Entirety.App B Records Being Withheld in Part (Ref FOIA Exemption 6).Documents Encl Available in PDR

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Final Response to FOIA Request for Documents.Forwards Documents Listed in App a in Entirety.App B Records Being Withheld in Part (Ref FOIA Exemption 6).Documents Encl Available in PDR
ML20133B290
Person / Time
Site: Maine Yankee
Issue date: 12/31/1996
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Brack H
CENTER FOR BIOLOGICAL MONITORING, INC.
Shared Package
ML20133B292 List:
References
FOIA-96-396 NUDOCS 9701030067
Download: ML20133B290 (4)
v • d • e


Text

! U.S. NUCLEAR REGULATORY COMMISSION 1 NHc FOIA REOutST NUMBE R(Si

( l Ye,*% FOIA 396

[ ] ['O RESPONSE TO FREEDOM OF XX l FINAL RESPONSE TYPE l l PARTIAL t

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INFORMATION ACT (FOIA) REQUEST DATE 31 M {

v0c- Nu-Sw, a-.,

..E OUESTE R H. G. Brack PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes/

No agency records subject to the request have been located.

No cdditional agency records subject to the request have been located.

Requested records are available through another public distribution program. See Comments section.

Agency records subject to the request that are identified in Appendix (es) are already available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

yy Agerzy records subject to the request that are identified in Appendix (es) A are being made available for public inspection and copying at tha NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

The nor, proprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this Fot A number.

Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document Room identified in the Comments section.

Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

XX Agency rec rdssubjecttotherequest areenclosed Appendix A and the releasable portions of Appendix B documents Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.a re enc i O seO .

XX Fees

--$40.70**

You will be billed by the NRC for fees totalir.g $

l yy You will receive a refund from the NRC in the amount of $2.60 in view of NRC's response to this request, no further action is being taken on appeal letter dated , No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cort:in Information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part li, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public XX inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number, COMMENTS

    • The actual fees for processing your request are as follows:

1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> review $33.30 37 pages duplication 7.40

$TO 76 Since you already paid the estimated fees in the amount of $43.30, you will receive a refund in the amount of $2.6C from the NRC Division of Accounting.

This completes NRC action on your request. c.

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  • FOIA NUMBEWist DATE RESPONSE TO FREEDOM OF g INFORMATION ACT (FOIA) REQUEST FOIA 396 .

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. (CONTINUATION)

.[ PART IL8- APPUCA8LE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) B are being withheld in their enNrety or in part under the Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations

1. The withheld information is properly classsfied pursuant to Executive Order,(Exemption 1)
2. The withheld information relates solely to the internal personnel rules and procedures of NHC. (Exemption 2) l l3. The withheld information is specifically exempted from pubhc disclosure by statute indicated. (Exemption 3)

Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formody Restricted Data (42 U.S.C. 21612165),

i l

Section 147 of the Atomic Energy Act, which prohibits the disclosure of Uncia.sified $sfeguards Information (42 U.S.C.2167),

4. The withheld mformation as a trade secret or commercsal or fmancial information that is bemg withheld for the reason (s) indicated. (Exemption 4) i l

l The information is considered to be confidential busmess fpropnetaryl mformation.

The information is considered to be proprietary information pursuant to 10 CFR 2 790tdHIL l

The mformation was submitted and received m confidence pursuant to 10 CFR 2 790idH2L l S. The withheld mformation consists of interagency or mtraagency records that are not available through discovery durmg litigation (Exemption 5), Apphcable Privilege:

Deliberative Process. Disclosure of predecisional mtormation would tend to armibst the open and frank enchange of ideas essential to the dehberative process.

Where records are withheld in their entirety. the f acts are inextric0bly intertwmed with the predecssional mformation There also are no reasonably segregable factual portions because the release of the f acts would permit an mderect mquny into the predecessonal process of the agency Attorney work product pnvilege (Documents prepared by an attorney in contemptation of litigation i Attorney. chant privilege. (Confidential communications between an attorney and his/her chent.)

6. The withheld mformation is enempted from public disclosure because its disclosure would result in a clearly unwarranted mvasion of personal pnvacy. (Exemption 6)

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7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. (Exemption 7)

I g Disclosure could reasonably be expected to interfere with an enforcement proccudmg because it could reveal the scope, direction, and focus of enforcement of torts, and thus could possiDly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements I r from mvestigators. (Exemption 7 ( A)) l

@ Disclosure would constitute an unwa. rented mvasion of personal privacy. (Exemption 7(C)) i 1

V . The mformation consists of names of individuals and other mformation the disclosure of which could reasonably be enoected to revealidentities Of l K.. confidential sources. (Exemption 7 (D)) l IOTHER l PART 11. C -DENYING OFFICIALS Pursuant to 10 CFR 9.25(b) and 'or 9 25(c) of the U.S. Nuclear Regulatory Commission regulations. it has been determmed that the information withheld is exempt from pro-duction or disclow... ama that its production or disclosure is contrary to the pubhc mterest. The persons responsible for tne dental are those officiais identified below as denying officials and the Director, Dives.on of Freedom of information and Pubhcations bervices. Office of Admm'stration, for anv demals that may be appealed to the Executive Director for Operations IEDOL DENYING OFFICIAL Tif LE. OF FICE RECORDS DENIED APPELLATE OFFICIAL l

EDo SECRETARY IG l

I Hubert J. Miller Reaional Administrator, Reg. I Appendix B XX l

I l

l l PART st. D- APPEAL RIGHTS The d:nial by each denyms official identified ln Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made m writing withm 30 days of receipt of this response. Appeals must be sodressed, as appropriate, to the Executive Director for Operations, to the Secretary of the Cornmission, or to the inspector General, U.S. Nuclear Rotetory Commission, Washir.gton, DC 20555. and should clearly state on the envelope and in the letter that it is an ** Appeal from an initial FOI A Decision."

NRC FORM 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION

a

- l Re: FOIA-96-396 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)

1. 01/11/96 Radiological Incident Report (RIR) 96-01. (2 pages)

ENCLDSURES TO RIR 96-91:

2. No date Root Cause Analysis for RIR 96-01. (3 pages)
3. No date Operations Department Unusual Occurrence Report. (1 page)
4. No date Radiological Controls Special Work Instruction 96-001. (3 pages)
5. No date Procedure No. 9-3-100, Page 12 of 14. (1 page)
6. No date Temporary Procedure Change Request Form, TCP 96-008. (2 pages) l
7. No date Handwritten note referencing 96-01. (1 page)
8. 01/03/96 Maine Yankee General Survey Record Form.

(3 pages)

9. 01/03/96 Gamma Spectrum Analysis. (3 pages)
10. No date Handwritten Note. (1 page) j
11. No date Supervisory Communications Bulletin. (1 page)
12. 02/08/96 Memo to File RIR 96-01. (1 page)
13. No date Attachment B (page 9 of 12), Evaluation Requirements, Proc. No. 9-301-8. (1 page)
14. 2/2/96 Work Instruction, How to Use Small Article Monitor SAM 9. (5 pages)
15. 01/03/96 E-Mail from Aldo Capristo to Rad Team, YNSD Supervisors. (1 page)
16. 1/4/96 Radiological Controls Special Work

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Re: FOIA-96-396 APPENDIX B RECORDS BEING WITHHELD IN PART NO. DATE DE3CRIPTION/(PAGE COUNT)/ EXEMPTIONS ENCLOSURES TO RIR 96-01:

1. 01/03/96 E-Mail from Aldo Capristo to Shippeer, subject: For Your Action Ret RIR 96-01. (1 page) Exemption 6
2. 01/03/96 Maine Yankee Personal Contamination Report Category I. (1 page) Exemption 6
3. 01/03/96 Maine Yankee Personal Contamination Report Category I. (1 page) Exemption 6
4. No date Program VARSKIN-MOD 2. (2 pages) Exemption 6
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