ML20129G261
| ML20129G261 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 09/18/1996 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Calandra D WINSTON & STRAWN |
| Shared Package | |
| ML20129G267 | List: |
| References | |
| FOIA-96-330 NUDOCS 9610030005 | |
| Download: ML20129G261 (4) | |
Text
1.. ;..an n-a en.10e m.a som.,,%. O.w w FOIA 330 t
g RESPONSE TYPE 44A RESPONSE TO FREEDOM OF l FINAL K lPAATIAL(2nd)
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INFORMATION ACT (FOIA) REQUEST DATE A.o...
- SEP 181m DOCKET NUMBER (S)(If apphceb/e/
,10UE ST E,,a Dars L. Calandra PART L-AGENCY RECORD 5 RELEASED OR NOT LOCATED (See checkedbomes/
No agency records subject to the request have been located.
N2 additional agency records subject to the request have been located.
Requestod records are available through another public distribution program. See Comments section,
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Agency records subject to the request that are identified in Append;x(es) are already available for public inspection and copying at the NRC Public Document Room 2120 L Street, N.W., Washington. DC.
j Agency records subject to the request that are identified in Appendix (es)
R are being made available for public inspection and copying I
X at tt NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA number.
Tla nonproprietary versim of the proposal (s) that you agr6ed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and copying at the N RC Public Document Roum,2120 L Street, N.W., West ington, DC, in a folder under this FOI A number.
Agency records sobject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document Room ident;fied in the Comments section.
Enclosed is information on how you may ob'.ain access to and the charges foi copying records located at the NRC Put'lle Document Room,2120 L Street, N.W., Washington, DC.
X Agency records subject to the request are enclosed.*
Records subject to the request have been referred to another Federal agency {ies) for rei direct response to you, s
Fees You will be billed by the N RC for fees totaling 5 You will receive a refund from the NRC in the amount of $
I In view of N RC's response to this request, no further action is being taken on appeal letter dated
, No.
PAR 111. A-INFORMATION WITHHELO FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part II, 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 X
,spection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.
COMMENTS i
(Copies of the records identified on Appendix B and the releasable portions of the records id ntified on Appendix C are enclosed.
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9610030005 960918
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adRC FORA 4 464 (Port H (1-91)
FOBA NUMBER.(Si DME RESPONSE TO FREEDOM OF INFC RMATION ACT (FOlA) REQUEST F OlA 330 (CONTINUATION) 81995 l
PART 11.8-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) b are being withheld in their entirety or in part under the Exemption No.(s) and for the reasords) 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 as property classified pursuant to Executive Order. (Exemption 1)
- 2. The withheid mformation relates solely to the mternal personnel rules and procedures of NRC. (Ememption 2) l3. The withheld information is specifically enempted from public disclosure by statute indicated. (Exemption 3)
Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S C. 21612165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information {42 U.S.C. 2167).
- 4. The withheld information nis a trade secret or commercial or financial information thai is being withheld for the reason (s) indicated. { Exemption 4)
The mformation is considered to be confidential business lproprietary) information
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The mformation is considered to be proprietary information pursuant to 10 CFR 2.790 ldh 1).
The information was submitted and received in confidence pursuant to 10 CFR 2 790tdH2)
- 6. The withheld information consists of mteragency or mtraagency records that are not available through discovery during litigation (Exemption 5), Apphcable Privilege:
Deliberative Process Disclosure of predecisional information would tend to enhabit the open and frank exchange of ideas essential to the debberative process Where records are withheld m their entirety, the facts are mentricably intertwined with the predecessonalinformation There also are no reasonably segregable f actual portions because the release of the f acts would permit an mdirect mouiry mto the predecisional process of the agency Attorney work product pnvilege (Documents prepared by an attorney in contempiation of litigation p Attorney-chant privilege. (Confidential communications bemeen an attorney and his/her chent.)
- 6. The withheid mformation is exempted from public disclosure because its disclosure would result in a clearly unwarranted mvasion of personal privacy (Exemption 6)
- 7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated (Exemption 7)
X Disclosure could reasonably be empeated to mterfere with an enforcerrient proceedmg because it could reveal the scope, direction, and focus of enforcement efforts. and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from mvestigators. (E nemption 7 ( A))
X Disclosure would constitute en unwarranted invasion of personal privacy. (Exemption 7(C))
The infctmation consists of names of mdividuais and other mformo.on the disclosure of which could reasonablv be espected to reveal identities of j
confidentsai sources. (Esemption 7 (Dd OTHLH PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(b) and or 9 25tcl of the U S. Nuclear Regulatory Commission et.gulations, it has been determined that the information withheld is exempt from pro.
duction or disclosure, and that its production or d'sclosure is contrary to the pubhc interest. The persons responsible for the demal are those officials identified below as denymg officials and the Director, D.wir.on of Freedom of Information and Pubhcations $srvices. Office of Administration, for any dema!s that may be appealed to the Executive Director f r Oper:tior,s (FDOt DiNYING OFFICIAL TITLE 'OF FICE RECORDS DENIED APPELLATE OFFICIAL Director, Office of EDO SECRETARY iG Mr. Guy P. CaputO Invettigations Appendix C X
PART 11. D-APPEAL RIGHTS The demal by each denymg official identif ed in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made m wefling within 30 days of receipt of this response. Appeals must be add:assed, as appropriate, tu the Executive Director for Operations, to the Secretary of the Commiss on, or to the inspector General, U.S. Nuclear Esgulatory L,ommission. Washmgton, 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 Fm RM 464 (Part 2) (191)
U.S. NUCLEAR REGULATORY COMMISSION
F01A-96-330 APPENDIX B (RECORDS RELEASED) 1.
5/24/94 Report of Investigation 2-94-036: Crystal River Nuclear Plant: Possible Deliberate Violation of Plant Design Basis (26 pages) 2.
12/1/94 Exhibit 10 to 01 ROI 2-94-036, Investigative Interview of Individual (14 pages) 3.
12/1/94 Exhibit 12 to 01 ROI 2-94-036, Investigative Interview of Individual (16 pages) 4.
12/14/94 Exhibit 13 to 01 ROI 2-94-036, Investigative Interview of Individual (10 pages) 5.
12/14/94 Exhibit 14 to 01 ROI 2-94-036, Investigative Interview of Individual (47 pages) 6.
2/13/96 Report of Investigation 2-94-036S: Crystal River Nuclear Plant: Alleged Violation of Plant Design Basis (17 pages)
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e F0IA 96 330 APPENDIX C
~(RECORDS WITHHELD IN PART) l i
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1.
Exhibit 2 to ROI 2 94 036S, Investigative Interview of 7(C), portions f
' Individual, dated 08/08/95, (28 pp) i 2,
Exhibit 3 to ROI 2 94 036S, Investigative Interview of 7(C), portions Individual, dated 08/08/95, (35 pp) 3.
Exhibit 4 to ROI 2 94 036S, Investigative Interview of 7(C), portions l
Individual, dated 08/08/95. (55 pp) i I
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WINSTON & STRAWN b
36 Wf,ST WACKER DRIVE 1400 L STREET, N W.
- 6. RUE DU CIROUE l
75008 PARIS, FRANCE CHICAGO, ILLINOIS 60601 9703 WASHINGTON. D C. 20005-3502 SNANWAN CENTER POO PARK AVENUE (202) 371 s700 AlYADH 11495. SAUDI ARABIA NEW YORK, NY 10166 4193 FACSIMILE (202) 371-5950 41 RUE DU RHONE 1204 GENEVA SWITZERLAND i
WRITER et DIRECT DIAL NUMBER FRE100M Of WUJiMATION M
f (202) 371-5905 1-f ( j.1 y
fl August 16,1996 i
Mr. Russell Powell 6L l
- Chief, FOIA/LPDR Branch United States Nuclear Regulatory Commission g;
j Mail Stop T6D8
- q-Q :(g Washington, DC 20555 R
A Re: Freedom ofInformation Act Request k
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Dear Mr. Powell:
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On behalf of Florida Power Corporation and Pursuant to the Freedom ofInformation Act (5U.SC. 552), i hereby request copies of the follow'ag documents:
I Investigation Report Nos. 2-94-036 and 2-94-036S, prepared by the Office of l
e Investigations (relating to investigations completed on May 24,1995 and February 13,
_ 1996, respectively.)
Transcripts of all interviews conducted by the Office ofInvestigations of the licensed operators involved in the unauthorized tests performed on the makeup system at Crystal River 3 on September 4 and 5,1994.
l Reports of any reviews performed by the NRC's Office ofInspector General regarding the
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unauthorized testing incidents at Crystal River 3 on September 4 and 5,1994.
For each and any requested item (or portion thereof) that you withhold pursuant to a Freedom ofInformation Act exemption, please provide an index itemizing and describing the l
items withheld and individually disclosing the specific basis for the withholding. Whatever expenses may be essociated with this request will be acceptable, up to a maximum of $i000.00 and for any fees or expenses incurred pursuant to this request, please forward the charges, along j
with the requested records and information, to my attention at the above address. In order to
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!. - WINSTON & STRAWN D
j Mr. Russell Powell August 16,1996 Page 2 -
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accelerate this process, please use the enclosed prepaid Federal Express manifest and send the
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rcquested documents to us via Federal Express Priority Overnight Service. If you have any
. questions, please contact me at the number indicated above.
Sincerely, j
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l Darlene L. Calandra Legal Assistant 1
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