ML20133B648

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Fourth Final Response to FOIA Request for Documents. Forwards Portions of App I Records.Portions of App I Being Withheld in Part (Ref FOIA Exemptions 5 & 6).App J Records Available in Pdr.Forwards App K Record
ML20133B648
Person / Time
Site: Millstone, Seabrook, Haddam Neck  File:Connecticut Yankee Atomic Power Co icon.png
Issue date: 12/30/1996
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Stoecker K
POMERANTZ, LEVY, HAUDEK, BLOCK & GROSSMAN
Shared Package
ML20133B652 List:
References
FOIA-96-298 NUDOCS 9701060063
Download: ML20133B648 (6)


Text

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U.S. NUCLEAR REGULATORY COMMISSloN NRC FOlA REOVEST NUMBER (S)

FOIA qwga

[Q RESPONSE TYPE

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'.1 RESPONSE TO FREEDOM OF x xl FINAL l l PAR TIA L 4th l

(e....f INFORMATION ACT (FOIA) REQUEST DATE DOCKET NUMBER (S)(//spphcable/

REOUESTE R Karl J. Stoecker PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes)

No Egency 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.

1 Agency records rubject to the request that are identified in Append;x(es)

'I are already available for public inspection and copying at the X

NRC Public Document Room,2120 L street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix (es)

V are being made available for public inspection and copying X

tt the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number, 1

l The nonproprietarv 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 inspecti and copying at the NRC Public Document Room,2120 L street, N.W., Washington, DC, in a folder under this Fol A number.

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

i Enclosed is information on how you may obtain access to and the charges for copymg records located at the NRC Public Document Room,2120 L Street, 1

N.W., Washington, DC.

y Ayncy recordssubjecttothe request areenclosed. Ann K and the releasable Dortions of ADD. I documents are Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

enCIosed.

4 X

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You will be billed by the NRC for fees totaling S X

You will receive a refund from the NRC in the amount of S 3. 74 in view of NRC's response to this request, no further action is being taken on appeal letter dated

, No.

PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE X

Ccrt:in intormation in the requested records is being withheld from public disclo'sure purtant to the exemptions described in and for the reasons stated in i art 11, 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 inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.

COMM6NTS The actual fees for processing your request are as follows:

Search (15 hours1.736111e-4 days <br />0.00417 hours <br />2.480159e-5 weeks <br />5.7075e-6 months <br />, 5 minutes)

$ 439.46 Review (16 hours1.851852e-4 days <br />0.00444 hours <br />2.645503e-5 weeks <br />6.088e-6 months <br />, 45 minutes) 564.75 Duplication (578 pages) 115.60

$1T17.81 Since you paid for fees in advance in the amount of $1123.55, you will received a refund from j

the NRC Division of Accounting in the amount of $3.74.

1 This completes NRC action on your request.

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RESPONSE TO FREEDOM OF lNFORMATION ACT (FOIA) HEQUEST FOIA 298 DEC 3 0 1996 9

(CONTINUATION) 1 l

PART 11.5-APPLICABLE EXEMPTIONS l

Records subject to the rsquest that are described in the enclosed Appendix (es)

I are being withheld in their entirety or in part under the Exernption 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 wdhheld information is property classified pursuant to Executive Order. (Exemption 1) 2, The wrthheld mformation relates solely to the internal personnel rules and procedures of NRC. (Exemption 2) l l3. The withheld mformation as 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 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 mformation is a trade secret or commercial or fmancial mformation that is being withheld for the reason (si indicated. (Exemption 4)

The mformatrsn is considered to be confidential busmess lpropnetaryl mformation The information is considered to be propnetary mformation pursuant to 10 CFR 2.790 ldh 1L The information was submitted and received m confidence pursuant to 10 CFR 2.790toH2L

5. The withheld mformation consists of interagency or miraagency socords that are not available through discovery dunng litigation (Exemption 5). Applicable Privilege:

Delberative Process: Disclosure of predecisional mformation would tend to inhibit the open and frank exchange of ideas essential to the deliberative process.

Where records are wrthheld m their entirety. the f acts are mextricably intertwined with the predecisionalinformation. There also are no reasonably segregable f actual X

portions because the reiaass of the f acts would permet an indirect mouiry mto TN predecisional process of the agency Attorney work product privilege (Documents prepared by an attorney in conternplation of litigation i Attorney client privilege. (Confidential communications between an attorney and his/her client.)

6. The withheld mformation is esempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvecy. (Exemption 61 7, The withheld mformation consists of records compiled for law enforcement purposes and is bemg withheld for the reason (si indicated. (Exemption 7)

Disclosure could reasonably be expected to interfere with an enforcernent proceedmg because it could reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take actio., to shield potential wrongdoing or a violation of NRC reqisirements X

from investigators. (E nemption 7 ( A))

Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(C))

y The mformation conassts of names of mdividuals and other information the disclosure of which could reasonably be espected to reveal identities of confidential sources. (Exemption 7 (C))

1 OTHER l

PART 41. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25(b) andfor 9.25tc) of the U S. Nuclear Regulatory Commission regulations. it has been determined that the information withheld is exempt from pro.

duction or disclosure, and that its production os disclosure is contrary to the publec interest. The persons responsibie for the deNat are those officials identified helow as denying officials and the Director, Division of Freedom of Informat.on and Publications Services, Office of Administration, for any denials that may be appealed to the Executive Derector for Operations (EDOL l

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL l

Acting Director, Office of Nuclear soo secaeTaar io I Frank 1 Miraglia Reactor Reaulation Appendix I XX Director, Orfice of Appendix I-9 James Lieberman Enforcement Attach. 2 & 4 XX l

l I

l PART 11. D-APPEAL T.lGHTS The dsnial by each denying official identified in Part ll.C may be appealed to the Aprweate Official identified there. Any such appeal must be made in writing within 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the Executive Dire for Operations, to the Secretary of the Commission, or to the inspector General, U,S Nuclear Regulatory Commission, Washington, DC 20555. and should clearly state on the. - alope and in the letter that it is an Appeal from an Initial FOI A Decision."

iOC FORM 464 (Part 2) (1-91)

U.S. NUCLEAR REGULATORY COMMISSION

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6 Re FOIA-96-298 APPENDIX I RECORDS BEING WITHHELD IN PART NO.

DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.

2/16/94 Memo from John Stolz to William Bateman, subject:

Updated Briefing Package for Visit by Northeast Utilities Officials with the Chairman, The Commission, The EDO, The Director, OI, and the Director, OE - Haddam Neck, Seabrook and Millstone Units 1, 2,

and 3,

(1 page). Released. :

Meeting Schedule. (1 page)

Released. :

Briefing Package for the February 23, 1994, Visit

- Northeast Utilities.

(22 pages) Portions withheld, EX.

6 2.

12/5/94 Memo from Phillip McKee to William Dean, subject:

Briefing Package for. Visit by

-Northeast Utilities, with the Commissioners and James Taylor. (1 page) Released. :

Schedule of Commission / Senior Staff Visits.

(1 page)

Released :

Briefing Package for Visit by Northeast Utilities with Commissioners and James Taylor.

(20 pages)

Portions withheld, EX. 6 3.

1/18-19/95 NRC Senior Management (SNM) Summary, January 18-19, 1995, Region IV.

(16 pages)

EX. 5 and outside scope of request.

4.

1/1995 Senior Mgmt Meeting Narrative Summary -

January 1995 - Millstone History.

(24 pages)

Portions withheld, EX. 5 5.

1/27/95 Memo from James Taylor to the Commission, subject:

Results of the NRC Senior Manageme:.t Meeting Held January 18-19, 1995.

(4 pages)

Portions withheld EX.

5, and outside scope of request.

F01A-96-298

. APPENDIX I 6.

4/26/95 Memo from P.

McKee to W.

Dean, subject:

)

Briefing Package for Visit by Northeast Utilities. (1 page) Released Enclosure la Schedule of Commission / Senior Staff Visits. (1 page) Released :

Briefing Package for Visit by Northeast Utilities.

(15 pages)

Portions withheld, EX. 5 7.

6/1/95 Memo from Phillip McKee to William Dean, subject:

Briefing Package for Visit by Northeast Utilities. (1 page) Released. :

Schedule of Commission / Senior i

Staff Visits. (1 page) Released. :

Briefing Package for Visit by j

Northeast Utilities.

(17 pages)

Portions j

withheld, EF 6

)

8.

10/13/95 Memo from Phillip McKee to William Dean, subject:

Briefing Package for Visit by Northeast Utilities. (1 page) Released :

Schedule for NRC Senior Staff Visits. (1 page) Released :

Briefing Package for Visit by Northeast Utilities.

(23 pages)

Portions withheld, EX.

6.

9.

6/7/96 Memo from Phillip McKee to William Dean, subject:

Briefing Package for Visit by Northeast Utilities, with Schedule of Commission / Senior Staff Visite, and Briefing Package for Visit by Northeast Utilities, (3 pages) Released :

Millstone Station Senior Management Meeting Briefing Package.

(36 pages)

Released :

Millstone Station Quick Look Report.

(10 pages) EX. 7(A), entirety. :

Haddam Neck Senior Management Meeting Briefing Package.

(8 pages)

EX.

5, entirety :

Haddam Neck Quick Look Report.

(8 pages)

EX. 7(A), entirety :

Biographical Data.

(5 pages)

Portions withheld, EX. 6 :

Organization Charts.

(2 pages)

Released

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FOIA-96-298 l

APPENDIX J l

RECORDS ALREADY AVAILABLE IN THE PDR i

l ACCESSION j

NO.

DATE NUMBER DESCRIPTION /(PAGE COUNT) l l

1.

5/30/96 9606030007 Response from T.

Feigenbaum:

RAI re inspection report 50-l 213/96-02, identifying examples of program weaknesses and design control process i

failures at plant, and the l

Configuration Management Plan.

(244 pages)

[ Note:

This l

document is Attachment 5 of l

the June 11, 1996 briefing package identified on Appendix I. )

2.

5/31/96 5606040300 Letter from T.

Feigenbaum assessing challenges faced in improving performance of l

plant.

(17 pages)

(Note:

This document is Attachment 6 l

of the June 11, 1996 briefing package identified on Appendix

1. 3 i

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APPENDIX K RECORD BEING RELEASED IN ITS ENTIRETY (If copyrighted identify with *)

)

l NO.

DATE DESCRIPTION /(PAGE COUNT) 1 1

1.

Undated Millstone - June 1995 Senior Management

)

Meeting Narrative Summary.

(24 pages) 1 1

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l POMERANTz HAUDEK BLOCK & GROSSMAN A 0%NTNERSHge psC3,&JDgNG A PRCFRAGIO8eAL COf,pum4 TION ATTORNEYS AT LAW 100 PARK AVENUE NEW YORK, NY 10 017-5 516 TE2NONE (212) eel- 0 4 00 MARL J. SToECKER FAcssMam: tria) eel-sees l

VIA OVERNIGHT DELIVERY

&EfDOM M iwaggi10N N ACI 6E00EST Mr. Carlton Kammerer

."gg q p Director, Division of Freedom of h'd7-AN~S l

Information & Publications Services l

U.S. Nuclear Regulatory Commission t

l Office of Administration Mail Stop T6E4 Washington, D.C. 20555 t

Re:

Freedom ofInfonnation Act Request

Dear Mr. Kammerer:

Pursuant to 5 U.S.C. N 552(a)(3) and 10 CFR % 9.23(b), I request copies of any NRC documents, including, without limitation, notes, meeting minutes, transcripts, recordings, summaries, electronic messages (E-mail), drafts, reports, and memoranda that contain factual information that l

formed the basis of, or relate to, (i) any meeting, conference or presentation attended by NRC personnel and the Board of Trustees or any Trustee of Northeast Ut'ilities or any of its subsidiaries, including, without limitation, the meeting which occurred on March 17, 1995; and (ii) any communication between NRC personnel and the Board of Trustees or any Trustee of Northeast Utilities or any of its subsidiaries.

To the extent that the requested information is included in documents or records that l

contain the advice, opinions or recommendations of NRC staff, please produce all factual information l

that can be reasonably segregated, in accordance with 10 CFR H 9.19(b).

l I agree in advance to pay any fees associated with this request up to $500.00.1 request that you notify me if the costs will be more than $500.00. I can be reached by telephone at l

l (212) 661-1100. Thank you in advance for yciir assistance.

Sincerely, Karl J. Stoecker KJS:eaf 8

. nmon, Y

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