ML20134M969

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Eighth Partial Response to FOIA Request for Documents. Documents Listed in App O Partially Withheld (Ref FOIA Exemption 7)
ML20134M969
Person / Time
Site: Saint Lucie  NextEra Energy icon.png
Issue date: 02/19/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Binder N
DEBEVOISE & PLIMPTON
Shared Package
ML20134M972 List:
References
FOIA-96-485 NUDOCS 9702210129
Download: ML20134M969 (4)
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Text

U.S. NUCLLAH HkGUL'ATOR Y COMMISSION sac pu,4 stout 3r svuggg;3, y sesk C_, FOIA - 96 485 RESPONSE TYPE

% RESPONSE TO FREEDOM OF l FmAL f l PARTIAL hln)

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}S INFORMATION ACT (FOIA) REQUEST NT E FEB 1 ' 1991 DOCKET NUMBERISI(Itspplicable)

EOVESTE R

_N311 S. Binder 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 public distribution program. See Comments section.

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.

Agency records subject to the request that are identified in Appendix (es) are 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, 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 N RC 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 obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington. DC.

Agency records subject to the request are enclosed.

Records su5 ject 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 totahng $

You will receive.a refund fruin the N RC in the amount of $

in view of N RC's response to this request, no further action is being taken on appeal !etter dated , No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Carteln information in the requested recorus is being withhelo f rom public disclosure pursuant to the exemptions described in and for the reasons sisted in Part 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 X inspection arid copying lie the NRC Public Document Room,2120 L Street, N.W., Washingte, DC in a folder under this FOI A number, COMMENTS Copies of the releasable portions of the records identified on Appendix 0 are enclosed.

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9702210129 970219 PDR FOIA BINDER 96-485 PDR > 'N senC Fone aewert il f1911

FOta huMBEQ(s) DCTE RESPONSE TO FREEDOM OF FOIA 96-485 N INFORMATION ACT(FOIA) REQUEST g' -,

(CONTINUATION)

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l PART 11.5- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) O are being withheld in their entirety or in part under the Exernption No.(s) and for the reason (s) given beloc pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations.

1. The withheld enfortration es property classified pursuant to Executive Order. (E semption 1)
2. The withheld anformation relates solely to the anternal personnel rulet end e ocedures of NRC. (Exemption 2) l l 3. The withheld information is specifically esempted from public disclosure by statute mdecated. (Ememption 3)

Sections 141 145 of the Atomic Eriergy Act, which prohibits the disclosure of Restricted Date or Formerly Restricted Data (42 U.S C. 2161-2165).

j Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C 2167). l l l0. The withheld mformation is a trade secret or commercial or fmancial mformation that is being withheld for the reason (s) indscated. (Ememption 4)

The mformaton is considered to be confidential business (proprietary) mformation.

The mformation is considered to be proprietary information pursuant to 10 CFR 2 790tdH t 6 The mformation was submitted and received in confidence pursuant to 10 CFR J 790idH2)

5. The withheid mformaten consists of mteragency or mirangency records that are not available through discovery efitting litigation (Exemption 5), Applicab'e Pnvilege:

Dehberative Process. Disclosure of predecissorsal mformahon would tend to mhibit the open and frank exchange of ideas essential to the deliberative process Where records are withheld m their entirety. the facts are enestracably mtertwined *dh the predecisional information There also are no reasonably segregable f actual portions because the release of the f acts would per:nst an mdirect inquiry into tne predecisionas proct 63 ui me q +ncy Attorney work product prmiege (Documents prepdeed by an attorney in contemplation of litigation i Attorney chent privilege. (Confidential communications between an attorney and his/her chent.)

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6. The withhe4f mformation is exempted from public disciosure because its disclosure would result m a clearly un*ananted invasion of personal pnvecy (Earpu o 6)
7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated (Exemption 7)

Disclosure could reasonably be expected to anterfere with an enforcement proceedmg because it cou6d reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow rec pients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. (E xemption 7 (A))

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

The mformation Consists of names of indmduals and other informatmn the disclosure of which could reasonably be enoetted to reveal identities of confidential sources. tEmemption 7 (D))

OTHLH PART 11. C-DENYING OFFICIALS l

Pursucnt to 10 CFR 9.25(b) and/or 9 2Mc) of the U S. Nuclw Regulatory Comm'ssion segulations, it has been determined that the mformation withheld is exempt from pro-duction or disclosure. and that its production or d $ closure is contrary to the pubhc mterest. The persons responsible for the denial are those of ficials identified below as denying officials and the Director. Divis on of Freedom of information and Pubhcations Services. Of fice of Administration, for any den.a's that may be appeated to the Enecutive Director for Operations (EDOI.

TIT LE / OFFICE RECORDS DENIED APPELLATE OFFICIAL l Of.NYING OFFICIAL Directors Office of lMr.GuyP.Caputo Inver419ations Aprendix 0 X l

I I

l PART 11. D- APPEAL RIGHTS l

The densai by eacn den,ing o,ficiai ndeni,f,ed in eari ii.C may be sppesied to the Appellate Officiar identified there. Any such appeal must be made in writmg withm 30 days of recer of this response. Appes.s must be addressed, as appropriate, to the E macutive Director for Operations, to the Secretary of the Commission. or to the inspector General U.S. Naciear Regulatory Commission, Washmgton, DC 23555. and should clearly state on the envetope and 'm the 'etter that it is an " Appeal from an Initial FOI A Decision."

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

I, L

Re: FOIA-96-485 APPENDIX 0 l RECORDS BEING W1THHELD IN PART ,

NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS j

1. Various Investigation Status Records, (2 pp), EX 7C
2. Various Case Chronology, (5 pp), EX 7C l Dates
3. 08/08/94 Letter to Individual, from W. J. McNulty, (1 p), EX 7C
4. 08/17/94 Letter to Individual, from W. J. McNulty, (1 p), EX 7C
5. 08/25/94 Exhibit 3 to ROI 2-94-018, Report of Interview of Individual, with attachments, (4 9 pp) , EX 7C i
6. 11/10/94 Letter to Individual, from W. J. McNulty, (1 {

p), EX 7C

7. 11/14/94 Letter to V. G. Selewski, from Individual, (2 l pp), EX 7C l
8. 11/15/94 Letter to V. G. Selewski, from Individual, (2  :

pp), EX 7C l

9. .11/23/94 Letter to V. G. Selewski, from Individual, (2  !

pp), EX 7C

10. 12/16/94 Report of Interview with Individual, (1 p),  ;

EX 7C

11. 12/16/94 E-mail frca VGS to WJM1,

Subject:

2-94-018, (1 p) EX 7C

12. 01/18/95 Exhibit 4 to ROI 2-94-018, Investigative Interview with Individual, (80 pp), EX 7C
13. 01/18/95 Exhibit 5 to ROI 2-94-018, Investigative Interview with Individual, (63 pp), EX 7C 14 '. 01/18/95 Exhibit 6 to RoI 2-94-018, Investigative Interview with Individual, (50 pp), EX 7C
15. 11/08/95 Exhibit 7 to ROI 2-94-018, Investigative Interview with Individual, (4 0 pp) , EX 7C

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16. 01/18/95 Exhibit 8 to ROI 2-94-018, Investigative Interview with Individual, (42 pp) , EX 7C
17. Various Exhibit 10 to ROI 2-94-018, Individual Performance Planning & Review Worksheet, (2 pp), EX 7C
18. 03/17/95 Memo to File: Case No. 2-94-018, from V. G.

Selewski,

Subject:

Information Received Re:

St. Lucie Nuclear Plant, Florida Power and Light Company (FP&L), (1 p), EX 7C

19. 01/31/96 Report of Investigation 2-94-018, St. Lucie Nuclear Plant: Alleged Discrimination Against Welding supervisor for Insisting on Correct Work Practices. (16 pp) EX 7C 4

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DEZEVOICE & PLIMPTON s75 THIRD AVENUE 55513TH STREET, N W. 21 AVENUE GEORGE V 1 CREED COURT.G LUDGATE Hu NEW YORK, NY 10022 TELEpNoNE (2cm sa's e000 N37)"$ 73 la la TELEPwoe EN3s"aso77s TELECOPIER (202) 383-8118 TELECOPIER (311) 47 20 50 82 TELECOPIER (44171)329 0860 (212 909-6000 30 QUEEMS ROAD CENT 1065 N TELECoPIER: (212) 909-6836 .

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TELECOPIER (852) 28109828 TELJ. COPIER (361) 132 7995 November 14, 1996 Russell Powell FO!A/PA 6 Chief of the FOIA/LPDR Case No: @M86 Nuclear Regulatory Conunission Date Rec'd: ' /N9- 9 4 Mail Stop T6D8 g g* ggy Washington, D.C. 20555-0001 RelatedCase- -

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 and other documents that fit the following description be sent to me:

1) All records or other documents from January 1, i I

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 ,

(Unit 1 and/or Unit 2).

2) The number of inspection hours (by quarter) devoted by the NRC to all licensed nuclear plants in' region 2 since January 1, 1993.

In order to help detennine my status for the ,

purpose of assessing any fees, you.should be advised that I l represent a company, and I am seeking information for use related to the company's business.

Please advise me of any fees associated with processing this request.

Sincerely,

-y _ - ,

Neil S. Binder 20280632.01 D OQ ? A 9 9 -1 g g,

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