ML20134F923
| ML20134F923 | |
| Person / Time | |
|---|---|
| Issue date: | 02/06/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Binder N DEBEVOISE & PLIMPTON |
| References | |
| FOIA-96-485 NUDOCS 9702100204 | |
| Download: ML20134F923 (3) | |
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REspousE rveE h RESPONSE TO FREEDOM OF I NNAL l X l PARTIAL (3rd)
,,,,, p\gb INFORMATION ACT (FOlA) REQUEST o^'t g 0 6 1997 !
DOCK E T NUMBE R(5) (It applicable)
RE QUE STE R l Neil S. Binder PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (Seecheckedboses/
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 Jistribution program. See Comments section.
Agency records subject to the request that are identified in Appendix (es)
NRC Public Document Room,2120 L Street, N.W., Washington. DC. are alread y available for public inspection and copying at th e Agency records subject to the request that are identified in Appendix (es) et the NRC Public Document Room 2120 L Street, N.W., Washington, DC,in a folder under this FOlA number,are being made available for pub Tha nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staf f is now for public inspection and copying at the N RC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A num Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document Rcom identified in the Comments section.
N.W., Washington, DC. Enclosed as mformation on now you may obtain access to and the charges for copying records located at the NRC ,
Agency records subject to the request are enclosed.
Rtcords subject to the request have been referred to another Federal agency (ies) for review and direct response to you.
Fees You will be billed by the NRC for fees totaling $
You will receive a refund from the N RC in the amount of $
In view of NRC's response to this request, no further action is being taken on appeal letter dated
, No.
PART 11. A-INFORMATION WITHHELD 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 state X in Pgrt 11,8, 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 FOIA number, COMMENTS r
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iiGNATURE DIRECT R Df'ISION f I FREED 0 INF ORMATION AND eUBLiCATIONS $ERVICES 4g:
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A 970210'204 0 970206 PDR FOIA f PDR g b ~ BINDER 96-485 .
pC FC".M 464 (Part 1) (1-91)
F04A NUMBEAtsi DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 485 FEB o g 1997 (CONTINUATION)
, I PART 11.5- APPUCABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) I are being withheld in their entirety or in part under the Exerr:ption No.(s) and for the season (s) given below pursuant to 5 U.S.C. 552ib) and to CF R 9.17(a) of N RC regu'ations, v
1 The wethheld enformation is properly clana.fied pursuant to Executive Order,(Enemption 1)
- 2. The wethhold mformatson relates solely to the mternal personnel rules and pr^cedures of NRC. (Exemption 2) l l 3, The withhold information es specifically exempted from public disclosure by statute indicated. (Ememption 3)
Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restreted Data (42 U.S.C. 2161-2165L Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards informaten (42 U.S.C. 2167),
- 4. The withheld mformabon es s' trade secret or commercial or financial information that is being withheld for the reasontsi indicated. (Exemption 4) i
. The mformation is consedered to be confidential business (proprietaryl mformation.
The mformation as considered to be proprietary mformation pursuant to 10 CFR 2 790tdH1)
The mformation was submetted and received m confidence pursuant to 10 CFR 2 790 ldh 2).
A
- 6. The withheld mformation consists of mteragency or mtraagency records that are not avadable through discovery during litigsten (Exemption 6), Applicable Privilege
Deliberative Process: Disclosure of predecisional information would tend to inhibit the open and frank enchange of ideas essential to the deliberative process Where records are withheld m their enterety, the f acts are mentricably etertwmed with the predecisionalinformaten There also are no reasonably segregable f actual portions because the release of the f acts would permit an mdirect mQuiry mto the predecisional process of the agency Attorney work product pnvilege (Documents prepaeed by an attorney in contemplation of litigation i Attorney client privilege, (Confidential communications between an attorney and his/her client.)
6 The withheld mformation is e=empted from public disclosure because its disclosure would result m a cieativ unwanented mvasion of personal pnescy (Ememption 6)
- 7. The withheld mformation consists of reci-ds compiled for law enfortement purposes and is being tvethheld for the reason (s) indicated (Exemption 7)
, cc Disclosure could reasonably be espected to mterfere 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
.N from mvastigators. (Ememption 7 (All Disclosure would constitute an unwarranted mvasion of personal pnvecy. (Ememption 7(C))
f/ The information Consists of names of indivsduais and other information the disclosure of which coald reasonably be etioected to reveal identities of C conficiential sources, (Enemption 7 (Dl)
OTHEH l PARTIf -D NkiNG OFFICIALS Pursuant to 10 CF R D 25tb) and.'or 9 20k) of the U S Nuclear Regulat.,ry Commiss on regulations, it has been determined that the information withheld is enempt from pro-ducten or disclosure, and that its product.on or disciosure is contrary to the pubhc mlerest. The persons responsible for the denial are those officials identified below as denpng officiais and the Director. D4 vision of Freedom of Information and Pubhcations Services. Off ce of Administration, for any deninis that may be appealed to the Executive Director for Operatens (EDOL DENYING OFFICIAL Tlf tE / OFFICE RECORDS DENIED APPELLATE OFFICIAL l
EDO SECRETARY IG Director, Office of l r. Guy P Caputo 1 Investigations Appendix F Y l
l I
l l PART 11. D- APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Official identif;ed there. Any such appeal must be made in writing withm 30 days of receipt of this response. Apseals must be addressed. as appropnate, to the E mecutive Director for Operations, to the Secretary of the Commission, of to the inspector General, U S. Nuclear Rtgulgtory Commission. Washington, Df 20555, and should clearly state on the envelope and in the letter that it is an *" Appeal from an initial FOI A Decision."
N%C FORM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION
DE,OEVolOE & PLIMPTON 875 THIRD AVENUE ess arm SMET,N W 21 AVENUE GEORGE V 1 CREED 03URT, S NTE N NEW YORK. NY 10022 "
TE7aca)as's m'oo TELEPHOf GST 731212 TEEPHONE 7U (212 N TurcoPen raca> ass-este TELECOPiEn as-t> 47 ao no s2 TriscoPiEn i44. 7ti 32,0773 oneo ISF ENTERTAMENT BultmG 30 W ROAD CENTRAL to65 SLK1APEST TELECoPIER: (212) 909-6836 . TnieHoNE seto 7ene #'d# m 3
TELECOPER (a52) as10 9e2s TELECOPER C361) 132 7995 November 14, 1996 Russell Powell FO!A/PA 6 Chief of the FOIA/LPDR Case No: 94-486 Nuclear Regulatory Coumission Date Rec'd: IN9- 94 Mail Stop T6D8 gg gg Washington, D.C. 20555-0001 M C888* , s 1
Dear Mr. Powell:
This is a request under the Freedom of Information Act, 5 U.S.C. S 552. I request that a copy of all records ,
i and other documents that fit the following description be l sent to me:
- 1) All records or other documents from January 1, 1993 to the present that are not currently in the public documents room and that relate to Florida Power and Light's St. Lucie Nuclear Power Plant 1 (Unit 1 and/or Unit 2). l
- 2) The number of inspection hours (by quarter) devoted by the NRC to all licensed nuclear plants in' region 2 l since January 1, 1993.
In order to_ help determine my status for the , j purpose of assessing any fees, you should be advised that I i j
represent a company, and I am seeking information for use related to the company's business.
t Please advise me of any fees associated with processing this requast. l Sincerely, j Neil S. Binder t
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Re: F01A 96-485 APPENDIX F RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS
- 1. Various Office of Investigations' Case No. 2-96-031 !
(Approximately 675 pages) EX. 7A
- 2. Various Office of Investigations' Case No. 2-96-042 (Approximately 112 pages) EX. 7A l
- 3. Various Office of Investigations' Case No. 2-95-034 (Approximately 675 pages) EX. 7A
- 4. Various Office of Investigations' Case No. 2-96-023 j (Approximately 900 pages) EX. 7A i
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