ML20044D175
| ML20044D175 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 04/28/1993 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Reynolds N WINSTON & STRAWN |
| References | |
| NUDOCS 9305170333 | |
| Download: ML20044D175 (2) | |
Text
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UNITED STATES y
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NUCLEAR REGULATORY COMMISSION p'
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APR 2 e 1993 Nicholas S. Reynolds, Esq.
Winston & Strawn 1400 L Street, N.W.
Washington, DC 20005-3502 This is in response to your letter of April 13, 1993, requesting confidential treatment of the proprietary version of a Northeast Utilities report and accompanying attachments, pursuant to 10 CFR 2.790.
In that letter, you asserted that the exemption was requested to protect the personal privacy of the individual who made the allegations in this case as well as about Company self-evaluative deliberations subject to the critical self-analysis privilege.
You also noted the voluntary nature of the submitted material, claiming that it strengthened your argument for non-disclosure and distinguished it from a response to an order or civil penalty.
You also requested that the attached appendix of the attachments be withheld in its entirety since it summarizes the information for which protection is sought.
You closed by again requesting that in the event h.s NRC is unable to grant your revised request for protection, that the report and attachments be l
returned to you.
l At this time, it is our intention to withhold both the redacted and unredacted versions from public disclosure.
Should enforcement action be taken in this case, a copy of the redacted version, minus the appendix of the attachments, will be placed in the public document room.
Any FOIA request for the unredacted version will be reviewed on its merits, and a determination rendered at that time.
We note that you are seeking to protect the identity of individuals t.nd the confidentiality of a critical self-analysis report.
However, I note that one of the individuals for who's privacy you seek to protect may choose to voluntarily waive such protection.
In addition, it is our view that the document for which you claim is a critical self-analysis is different in kind from an INPO report and it is not clear that it falls within the critical Mass decision.
I would a'.so note that the NRC is not able to commit to either returning the report and attachments to you or to guarantee non-disclosure of all of the unredacted material that may be subject to any subsequent FOIA request because we have reviewed the material as you have requested as part of our consideration of the pending enforcement action.
Should we conclude that a release of the unredacted material is appropriate, you will receive prior notification of that decision.
11CO23 I O ih 9305170333 930428
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PDR ADOCK 05000336
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P PDR
l APR 2 81993 e
Nicholas S. Reynolds, Esq.
If you have any questions regarding this letter, please contact ms at (301) 504-2741.
Sincerely, Original Eignr.' ~
James Lieb3 m!'l i
James Lieberman, Director Office of Enforcement t
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