IA-97-317, Second Final Response to FOIA Request for Documents. Documents Listed in App B Being Withheld in Part (Ref FOIA Exemption 7C)

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Second Final Response to FOIA Request for Documents. Documents Listed in App B Being Withheld in Part (Ref FOIA Exemption 7C)
ML20211J927
Person / Time
Site: Maine Yankee
Issue date: 10/08/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Christine K
AFFILIATION NOT ASSIGNED
Shared Package
ML20211J931 List:
References
FOIA-97-317 NUDOCS 9710090061
Download: ML20211J927 (3)
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.f RESPONSE TO FREEDOM OF y1flNAL y[gl l PAR 11AL

  • 't i INFORMATION ACT (FOIA) REQUEST i

eccee OCT 0 8 1997 D(KAl l NUMB & RIM tri454able)

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PART l.-AGENCY RECORDS HE LE ASLD OR NOT LOCATED fSee checAss1 bones >

No agency records subject to the request have been located.

No additional agency records subjec' to the request have been located.

Requested records are available through another public distribution progtam. See Comments petion.

Agency records subject to the request that are kientified in Apperxfiales) are already available for public inspection and copying at the NRC Tublic Document Room,2120 L Street. N.W., Washington, DC.

Agoney records subject to the request that are identified in Appendiales) are being made available for pubhc inspution and copying at sho NRC Pubhc Document Room. 2120 L btreet, N.W., Washington, DC, m a folder under this f otA number.

The nnnproprictw vers!cn r of the pentmalist that yno eyced to accept in a telephone conversation with a tnember of my statf is now being anaie availabic for public inspection and copying at the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC, in a folder under this F OI A number.

Agency records subject to the request that are identified in Appendiales) may be inspected and cc, pied at the N RC Local Pubhc Document Room identified in the Comments wetlon.

Enclosed is mforrnstion on how you ma / obtain access to and the charges for copying records located at the NHC Public Document Hoom,2120 L Street, N W., Washington, DC.

Agorzy records subject to the tenluest are enclosed.

L acords subject to the request have been referred to another Federal agency (ies) for reyww and direct response to you.

Fees You will be billed by the NRC for fees totaling $

You will receive a reft 'id from the N RC in the amount of $

in view of NRC's regionse to this re9at no further action is being taken on appeal letter dated , N o.

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PA*tT 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain Inforcestion in the requested records is being withheld from public disclosure pursuant to the enemptions described in and for the reasons stated in Part 11,15, C, and D. Any +e:emed portions of the documents for which only part of the record is being withheld are being made available f or public inspectior, and copying in the NRC Public Document Hoom,2120 L Street, N.W., Washington, DC in a folder under this FOI A number, COMME NTS I

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l PART 11 B- APPLICABLE EXEMPTIONb Records svtdoet to the request that are described in the orctosed Appendiates) are being withheld in their entirety or in part under the E ernption No.(t) and for the feason(s) given below pursuant to 6 U.S.C. 652(b) and 10 CF R 9.1m) of NRC regulations.

i. I 1. The wettdeld information es property classified pursuant to Esecutive Order (taempt60n Il
2. Tfe withfeld informet60n relatet solely to the mternal personnel rules and procedures of NRC (E memption 21 l3. The withheld endormetert se specifically esempted from pubiec disclosure by statute 6rubcated. (f memption 3)

Sectkms 14114% of the Atomic !nergy Act, which prohibits the siisciwe of Restr6cted Dets or Formerly Restricted Dete (42 U.S C. 2161-2165).

Section 147 of the Atomic Energy Act, wh6ch prohibits the disclosure of Unclais.f+ed Safeguards informatton (42 U.S C. 2167).

4 Thu with. eld information se e trede escret or commercial or fmancial anformaten that to bemg withheld for the reasontal indicated. (Ememption 4)

The informaten 6e considered to be conhdential busmess tpropnetaryl information I

The mformation !s concedered to be propnetary mformation pursuant to 10 CFR 2 790ldHil The information wee submetted and receeved m conhdence pursuant to 10 CFR 2 7906dit21

'6. The wrthhold enformeten consiste of interogency or mtrangency records that are not avedebie through descovery durmg htigsten (f sempt60n 61. Apphcable Privilege:

Deleberatse Process O sc'60sure of ipedecisional mformaten wou6d tend to mhetne the open and frank eschange of ideas essenhal to the densberettve process Wtere records are wethheld m their entwety. the f acts are meatnc ebly mtertwmed with the predecisenal mformation there etso are no reasonably tedregable f actual p

_oriene tocause the release of the f acts would permet an endwect enquiry mto the predecisirmet process of the, egency Attorney work psoduct pnvilege (Documents prepared by en ettorne, m t.ontemplateon of let gation i Attorney ohent privilege. (Confidential commurucatens between an attorney and hWher thent.)

6. The withhold informaten as esempted from pubhc disclosure tocause sta disclosure would resutt m e (6eerfy unweeranted mves+on of personal pnver # (E memption 61
7. The withheld enformaten consists of records compded for law enforcement purposes and as being wsthheld for the reasontal mdicated (Exemption 7)

Disclosure could reasonably be espected to interfere with en enforcement pioceedmg because it could reveal the scope) MMmn, and t'o'us$fc '

enforcament efforts and thus could possibly allow recipients to take action to shield potential wronpiomg or a violation of NRC requirements from inveystors (E memption 7 ( All Disclosure would constnute en unwarranted mvesen of personal privacy. If memption 7(Cl)

The enformaten consists of norres of nd.widuals and other informaten the d.sclosure of wn.ch could reasonabt, be enoected to reveet identities of conhdentist sources. (E semption 7 (Dil 015 H PART 11. C-DENYING OFFICIALS Pursucnt to 10 CF R 9 25(b) and or 9 25(cl of the U S. feucieer RegWeto*v Commas +on requistions. it has been determined that the mfo mation withheld is esemp from pro duct *on or disclosure. end that its production of dwlosuie is conttery to the pubhc interest. The twesons rnponsible far the derv tre -hose officiais identif ed below as umymg c.fficials and the Detector, Divis.on of Freedom of Information and Pubhcations Servicn. Off,ce of Admmistration. for any den.eis that may be appealed to the Esecutive Daector for Operations IIDO' l OtNylNG OFFICh4 TliLE OFFICf RECORDS DENitD ApPf LLATE 08FICIAL too ucnnuy so

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{ PART 11. D- APPEAt RIGHTS The denlai by eact, denying officiai idenof,ed in p.,1 ii.C m.y be .ppeaied to the Appettate Otheel identified there. Any such appeal must be mede m writing withm 30 days of receipt of thb response. Appeals Inust be addressed, as appropnete to the E secutive Director for Operations. to the Secretary of the Commessen, or to tne insoector Generai, U 5. Nuct ia*

Regulatory Commission, Washmoton, DC 20565, and should clearly s' ate on the envelope and in the letter that it is an Appeal from en imt>al Foi A Decision."

NRC FEM 464 (Port 2) (191) . 4).S. NUCLEAR REGULATORY COMMISSION

Re: FolA 97 317 APPENDlX B RECORDS BEING WITHHELD IN PART M DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 05/30/97 Report Of Investigation, Maine Yankee Atomic Power Station:

Incomplete and inaccurate Information Willfully Provided to the NRC Regarding the Emergency Feedwater System, Case No.1-96-040 (26 pages) EX. 7C L

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