ML19099A405

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NRC-2019-000236 - Resp 1 - Final
ML19099A405
Person / Time
Issue date: 04/03/2019
From: Stephanie Blaney
NRC/OCIO
To: Mendoza L
Darger Errante Yavitz & Blau, LLP
References
FOIA, NRC-2019-000236
Download: ML19099A405 (2)


Text

NRc FORM 464 i:iart 1

  • U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE. NUMBER (04-2018)

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RESPONSE TO FREEDOM OF

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INFORMATION ACT "(FOIA) REQUEST RESPONSE D INTERIM 0 FINAL

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TYPE REQUESTER:

DATE:

!Lauren Mendoza.

11 04/03/2019.. I DESCRIPTION OF R.EQUESTED RECORDS:

Any and all records relating to the ab~tement, pres~nce, application, instailation, cqmplaints and/or claims, and identifying.

the sellers, manufacturers, or suppliers, of any asbestos-containing materi_i;tlS and/or in conjunction with equipi:nent located at several facilities throughout New York, as further described in Part I.D., Comments Section, below.

PART I. -- INFORMATION RELEASED D

The NRC ha~ ma.de some, cir all, of the requested records publicly available through on*e or rriore of the following means:

(1) https://www.nrc.gov; (2) public ADAMS, https://www.nrc.gov/reading-rm/adams.htrril; (3) microfiche available in the NRC Public Document Room_; or FOIA Online, https://fciiaonline.regulations.gov/foia/action/public/home.

D Agency recortjs subject to the request are _enclosed.

D Records subject to ttie request that contain information origin~ted by or of interest to another Federal agency have been referred to that agency (See Part I.D - Comments) for a disclosure determination and.direct re~ponse to you.

  • D We are continuing to process your request 0

See Part J.D -- Comments.

PART I.A -* FEES-.

ii D You will be billed by NRC for the amount in~icated. 0 Since the minimum fee threshold was not met, 11 AMOUNT you will not be charged fees.

D You will receive a refund for the amount indic.ated.

D Due to our delayed response, you will notbe D Fees waive_d.

charged search and/or duplication fees that would otherwise be applicable to your request.

PART 1.8 ** INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

[Z] We did not locate any agency records responsive tO:YOUr request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). See 5 U.S.C. 552(c). This is a standard notification given _to all requesters; it should not be taken to mean. that any excluded records do, or do not, exist.

D We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II.

D Because this is an interim response to *your request, you may not appeal at this time. We will notify you of your right to appeal any of

  • the responses we have issued in response to your request when we issue our final determination.

0 You may appeal this final determination within 90 calendar days of the date of this response. If you submit an appeal by mail, address it to the FOIA Officer, at U.S. Nuclear Regulatory Commission, Mail Stop T-2 F43, Washington, D,C. 20555-0001. You may submit an appeal by e-mail toFOIA.resource@nrc.gov. You may fax an appeal to (301) 415-513b. Or you may sut>init an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home. Please be sure tci include on your submission that it is a "FOIA Appeal."

. PART 1.C ~- REFERENCES AND POINTS OF CONTACT You have the right*to seek asi,istance from theNRC's FOIA 1:'ublic Liaison by submitting your inquiry at https://www.nrc.gov/reading-rm/

foia/contact-foia.html, or by calling the FOIA Public Liaison at {301) 415~1276.

If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS). To seek dispute resolution services from OGIS, you may e~mail OGIS at ogis@nara.gov, send a fax to (202) 741-5789*, or send a letter to: Office of Government Information Services, National Archives and Records Administration,.

NftC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)

_ RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST

  • I see Description ] I.

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-PART I.D -- COMMENTS

.RESPONSE TYPE D INTERIM -*r"*1 FIN~L In NRC-2019-000233, you requested records relating to the installation, presence, and ~.batement of asbestos-'contajning materials and products ' includirig any complaints or claims relating to, and records identifying sellers, manufacturers or suppliers of, asbestos: at the following locations: (a)Nine Mile Point Power Plant, Scriba NY, from 1970-1980; (b) James A.

Fitzpatrick Nuclear Power Plant, Oswego, NY, from-1970~1980; and (c) Niagara Mohawk Steam Station, Oswego, NY from.

1971 (sic).

In NRC~2019-000236, you requested records relating to the installation, presence, and abatement of asbestos-containing materials and products' including any complaints.or claims relating to, al)drecords identifying sellers, manufacturers or suppliers of, asbestos, at the following locations: (a) Ravenswood Powerhouse,_Long Island City; NY, from 1960-1990; (b)

Astoria Powerhouse, Astoria, NY, from 1960-2000; {c) Waterside Powerhouse, Manhattan, NY, from 1960-1970; ~nd (d)

Hellgate Powerhouse, Bronx, NY, from 1960-1970.

In NRC-2019-0001237, you requested records relating to the installatio~. pre~enc,e; and abatement of as°t>estos-co~taining materials and products, including any c9mplaints or claims relating to, _and records identi.fying sellers, rri~nufacturers or suppliers of, asbestos_, at the following location: American Cyanamid, Linden, NJ, from 1948-1950. _

We reached out to the offices of Nuclear Reactor *Regulation (NRR), Nuclear Materi~I Safety & Safeguards (NMS$), and Region I (RI) to search for any records responsive to your request. However, no responsive records were located by the aforementioned offices. -Nor did our search of ADAMS, the U.S. f'Juclear Regulatory Commission's official record keeping system turn up any responsive records. We note tfiat; with the exception bf the Nine Mile and_ Fitzpatrick plants, the others are.not nuclear power plants that are; or were, regulated by the U.S. Nuclear Regulatory Commission or its predecessor, the Atomic Energy*commission.. -

Signature ~ Free:dom 9f Information Act Officer or Deslgnee.

Stephapie A. Blaney i, Digitally signed by Stephanie A. Blaney

_.,' Date: 2019,04.03 06:29:18 -04'00' -

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