ML20134B975

From kanterella
Jump to navigation Jump to search
Final Response to FOIA Request for Documents.Agency Records Subj to Request Identified in App A.Records Described in App B & C Being Withheld in Part (Ref FOIA Exemption 5)
ML20134B975
Person / Time
Issue date: 01/24/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Hollaway W, Oneill J
AFFILIATION NOT ASSIGNED
Shared Package
ML20134B646 List:
References
FOIA-96-506 NUDOCS 9701310181
Download: ML20134B975 (5)


Text

- ^ ii.'L NdQ.thrt ritOUI.AlOH(LUMMM4UN

~NHC FOIA RLOUE!>i NUMBLR(5)

  • /V 480CS FOIA os_sns l

[ j RESPONSE TO FREEDOM OF y I FINAL RESPONSE TYPE l l PARTIAL i INFORMATION ACT (FOIA) REQUEST DATE g e/ 'JAN 2 41997 e.ee DOCKET NUMBER (S) f//apphcable)

LEQUE STE R Mr. John H. O'Neill, Jr. ATTN: W. R. Hollaway PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes /

No agency records subject to the request have been located.

No additional agency records subject to the request have been located.

Requested records are available through another pubhc distnbution program. See Comments sectlon.

Agency records subject to the request that are identified in AppendN(es) are already available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix {es) A are being made available for public inspection and copying j X tt the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

The nonproprietary 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 inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

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

, Enclosed is information on how you may obta n access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, 4 N.W., Washington, DC.

X Agency records subject to the request are enclosed. Appendices A & B Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you. )

)( Fees l X You will be billed by the NRC for fees totahng $ 165.10 a

You will receive a refund from the NRC in the amount of $

. In view of N RC's response to this request, no further action is being taken on appeal letter dated , No. _

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cartain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated y in Pcrt 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 FOl A number.

COMME NTS l l

1

^

Search - 2 hrs professional at $33.30 per hr $ 66.60 Review - 2 hrs 20 min professional at $33.30 per hr & 15 min 81.70 Clerical at $15.79 per hr Repro - 84 pages at 5.20 per page 16.80

$165.10 l

d c-rAI

)

o l

/

7 SIGNAT URE, DlRECTOR, Ot% 510N FREEDOM INFORMATION AND PUBLICATIONS SERVICES M -

OC %p xy

,X8qq7 ,

/.

r L lh..

9701310[8Y970124 a PDR FOIA O'NEILL96-506 PDR NZC FCKM 464 (Part 1) (1.91)

l FotA NUMBER (s) DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOlA 506 'gg 2 4 997 ~

(CONTINUATION) t (l

l PART li.8-APPLICABLE EXEMPTIONS B&C

Records subject to the request that are described in the enclosed Appendix (es) 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 withheld mformation is properly classified pursuant to Executive Order. (Exemption 1)
2. The withheld mformation relates solely to the mternal personnel rules and procedures of NRC (Exemption 2) l l3. The withheld nformation is specifically exempted 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 Restncted Data (42 U.S.C. 21612165).

Section 147 of the Atorr.ic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2164.  !

'4 The withheld mformation is a trade suscret or commercial or financial mformaten that is being withheld for the 'eason(s) indicated. (Exemption 4)

The mformation is considered to be confidential business (propnetary) anformaton The mformation is considered to be propnetary mformation pursuant to 10 CFR 2.790 ldh 10 The mformaten was submitted and received in confidence pursuant to 10 CFR 2.790(dH2O l )( l5. The withheld mformation consists of mteragency or mtraagency records that are not available through discovery dur ng litigation (Exemption 5). Apphcable Privilege:

Deliberative Process: Disclosure of predecisional information would tend to mhebet the open and trank enchange of ideas essential to the deliberative process.

X Where records are withheld in their entirety. the facts are inestricably intertwmed with the predeciseonal mtormation There also are no reasonably segregable f actual portions because the release of the f acts would permit an indirect enouiry into the predecisional process of the agency Attorney work product pnvilege IDocuments prepared by an attorney in contemplaron of htigaien i Attorney. client privilege. (Confidential communications between an attorney and hisMer chant.)

6. The withheld mformation is exempted from public disclosure because its disclosure would result m a clearly unwarranted mvasion of personal pnvacy (Exemption 6)
7. The withheld enformation consists of records compiled for law enforcement purposes and is being withheld for the reason (si indicated (Exernption 7)

R. Disclosure could reasonably be expected to interfere with an enforcement 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 investigators. (Exemption 7 (A))

Disclosure would constitute an unwarranted mvaseon of personal privacy. (Exemption 7(C)) i M )

N The information consists of names of ind:viduais and other informaton the dociosu'e of which could reasonabiv be exoected to revealidentities of i confidential sources. (Exemption 7 (D))

OTHEH l PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25lb) and or 9 25tc) of the U.S. Nuclear Regulatory Commisson regutat'ons, it has been determmed that the information withheld is esempt from pro.

duction or d+sclosure. and that its product 4on or d.sclosure is contrary to the pubhc mterest The persons responsible for the denial are those of ficiais identif ced below as denymg l off.cials and the Director. D' vision of Freedom of Information and Pubhcations Services. Off ce of Admmistration. for any den als that may be appealed to the Executive Director .

for Operations IEDO)

DENYING OFFICIAL TIT L E <OF FIC E RECORDS DENIED APPELLATE OFFICIAL l

EDO SECRETARY IG IH.L. Thompson s Jr. fctingED0 Appendices B&C X l

l I

l  !

l PART 11. D- APPEAL RIGHTS I

The denial by each denying official ident:fied m Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made m wntmg within 30 days of receipt of this response. Appeals must be addressed. as appropriate, to the E necutive Director for Operations, to the Secretary of the Cornmission or to the inspector General, U.S. Nuclear R2gulatory Commission, Washmgton. DC 20555. and should clearly state on the envelope and in the letter that it is an " Appeal f rom an Initial FOI A Decision."  ;

NRC FORM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION

l l l

l l

Res' FOIA-96-506 APPENDIX A l RECORDS BEING RELEASED IN THEIR ENTIRETY l

HQ1 DATE DESCRIPTION /(PAGE COUNT) l 1. Undated Sample PPR Summary.(9 pages) l l 2. Undated Salem (26 pages)

3. 9/18/95 Memo to R. Cooper, et al., from R. Borchardt, l

Subject:

January 1996 Senior Management l Meeting Plant Write-Ups (13 pages)

4. 01/96 Senior Management Meeting Writeup for Hope Creek Nuclear Power Plant (14 pages)

(

l s

l 1

i

Re: FOIA-96-506 APPENDIX B RECORDS BEING WITHHELD IN PART NQ2 DATE DESCRIPTION /(PAGE COUNT)/RYRMPTIONS

1. Undated Update for 1/96 SMM, Salem Units 1 & and Hope Creek (2 pages) EX. 5
2. 03/14/96 Memo to Those On Attached List from J.  !

Milhoan,

Subject:

Task Assignments from the January 17-18, 1996 Senior Management Meeting )

(SMM) (20 pages) EX. 5 l l

Ret FOIA-96-506 i

APPENDIX C RECORDS BEING WITHHELD IN THEIR ENTIRETY ,

l HQ2 DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS I

1. Undated Draft letter to L. R. Eliason from J. M.

Taylor,

Subject:

NRC Senior Management  !

Meeting Results for Salem Units 1 & 2 with 1/18/96 handwritten note (3 pages) EX. 5

2. Undated Salem with 1/29/96 handwritten note and annotations (9 pages) EX. 5
3. 01/96 Senior Management Meeting Writeup for Salem Nuclear Power Plant (13 pages) EX. 5
4. 01/96 Salem Units 1 &2 (5 pages)EX. 5

. . _ . _ . . . _ . - . ..