ML20134H830

Final Response to FOIA Request for Documents.Forwards Documents Listed in App a & Partially Deleted Document in App B (Ref FOIA Exemption 6)

ML20134H830
Person / Time
Site:	South Texas
Issue date:	11/05/1996
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Gutterman A, Shannon Patterson MORGAN, LEWIS & BOCKIUS
Shared Package
ML20134H832	List: IA-96-379, Final Response to FOIA Request for Documents.Documents Listed in App A.Documents Available in Pdr.W/O Encls IA-96-386, Partially Deleted Info Discussing Regulatory Concerns Re Oct 95 Settlement Agreement Reached W/Houston Lighting & Power ML20134H830 ML20134H837 ML20134J143 ML20134J167 ML20134J345
References
FOIA-96-379, FOIA-96-386 NUDOCS 9611150012
Download: ML20134H830 (4)

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% /V 0 000 FOIA os a 7o g, on a an RESPONSE TYPE

/ i* RESPONSE TO FREEDOM OF y yl FINAL l l PARTIAL

/ INFORMATION ACT (FOIA) REQUEST DATE

.ee./  % 0 5 1995 DOCKET NUMBER (S)(/tapp/scable)

..E QUEST E R Scott Patterson & Alvin Gutterman PART 1,-AGENCY RECORDS RELEASED OR NOT LOCATED (SeechecAedboxes)

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 public distribution program. See Comments section.

Agency records subject to the request that are identified in Appendix (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) 4 are being made available for public inspection and copying XX ct th) NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number, Tin 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 N RC Pubhc 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 obtam access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

XX Agency recordssubject to the requestare enclosed. App. A and releasable portions of App. B documents are enclosec .

Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

XX Fees XX You will be billed by the NRC for fam totaling $ 34_70 f 1 hnur nrofessional search, 7 pgs duplication] 1 You will receive a refund from the NRC in the amount of $

in viIw of NRC's response to this request, no further action is being taken on appeal letter dated , No. l PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cert:In information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated g in P rt it, B, C, and D. Any eleased 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 Pubhc Document Room,2120 L Street, N W., Washington, DC in a folder under this FOl A number, covlMENTs We have aggregated your requests since they relate to the same subject matter.

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VI JGNATURE, DIRECT OR, ISION OF F DO I FORMATION AND PUBLICATIONS SERVICES

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.. 3 9611150012 961105 PDR FOIA PATTERS96-379 PDR f C F;RM 464 (Part il (191)

FotA fuuueEms) DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 96-379 .

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PART 11.5- APPUCABLE EXEMPTIONS96-386 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 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 NRC regulations.

1. The withhold mformation es properly classefed pursuant to Executive Order. (Exemption 1)

2. The withheld information relates solely to the er:temal personnel rules and procedures of NRC. (Exemption 2)

3. The withheld mformation as specsfically esempted 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 mformation es a trade secret or commercial or financial mformation that is being withheld for the reasontsi indicated. (Exemption 4)

The mformation as considered to be confidential business (proprietaryl mformation The enformation as considered to be proprietary mformaten pursuant to 10 CFR 2 7901dH1L The mformation was submitted and received in confidence pursuant to 10 CFR 2 790tdH21

5. The withheld mformaten consists of interagent.y or mtraegency records that are not available through descovery durmg litigation (Exemption 5). Applicable Privilege:

Dehberatwo Process: Disclosure of predecisional information would tend to mhsbit the open and frank enchange of sdeas essentel to the deliberative process Where records are withheld m their entirety. the facts are inestricably mtertwined with the predecas.onai mformaten There also are no reasonably segregable f actual

___ portens because the release of the fac'* would permit an mdirect mouery mto the predecisional process of the agency.

Attorney work product pnvilege (Documents prepared by an attorney e contemplation of htigation i Attorney client privilege. (Confidential conimunicetsons between an attorney and his/her client.)

6. The withheld mformation as enempted from public decic are because its disclosure now result in a cleariv unmarranted mvasion of personal pnvecy (Exemption 6)

7. The withheld informaison consists of records compiled for law enforcement purposes and is being wethheld for the reason (s) indicated (Exemption 7) t- Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could reveal the scope, dweetion. and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongriomg or a violation of NRC requirements from mvestigators. (Ememption 7 (AH Disclosure would constitute an unwarranted mvasion of personal prhacy. (Exemption 7(CD The information consists of names of mdividuais and other mfo*mation the d4 closure of whKh could reasonably be expected to revealidentities of

't-confidential sources. (Enempten 7 (DI)

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l PART 11. C-DENYlNG OFFICIALS Pursuant to 10 CFR 9.25(b) and 'or 9 251cl of the U S. Nuclear Regulatory Commiss.on regulat<ons. vt has been determined that the mformateon withheld is exempt from pro duction or disclosure, and that sts product on or d sciokure is contrary to the public mterest. The persons respons:ble for the den.al are those officiais identified below as denyeng officials and the D, rector. D ves<on of Freedom of information and Pubhcations Services. Office of Administrat.on. for any denials that may be appealed to the Executive Director for Operat ons (EDOt.

l DENYING OFFICIAL TitLEiOFFICE RECORDS DENIED APPELLATE OFFICIAL Acting Director, Office of EM SEORE W O Frank J. Miraglia Nuclear Reactor Regulation Appendix B XX l

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l l PART 11. D- APPEAL RIGHTS The dineal by each denymg official identified in Part ll.C may be oppealed to the Appellate Official identified there. Any such appeal must be made m writing withm 30 days of receipt of this response. Appeals must be addressed, as appropriate. to the Esecutive Director for Operations. to the Secretary of the Commission, or to the Inspector General, U.S. Nuclear R:gutatory Commissen, Washington. DC 20555. and should clearly state on the envelope and in the letter that it is an Appea! from an Initial FOI A Decision."

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

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t l Re: FOIA-96-379 &

FOIA-96-386 APPENDIX A DOCUMENTS BEING RELEASED IN THEIR ENTIRETY NUMBER DATE DESCRIPTION l

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1. 4/3/96 FOIA-96-157, letter from David K. Colapinto to NRC. (2 pages)

2. 5/17/96 Response to FOIA-96-157 from R. A. Powell to David Colapinto. (2 pages) l l

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Re: FOIA-96-379 &  !

FOIA-96-386 i APPENDIX B DOCUMENT BEING RELEASED IN PART NUMBER DATE DESCRIPTION

1. 1/3/96 Letter from the NRC Office of Nuclear Reactor Regulation to an individual. (3 pages)

Portions withheld pursuant to EX. 6 j l

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