ML20134Q098

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Ninth Partial Response to FOIA Request for Documents. Forwards Documents Listed in App P.App Q Documents Partially Withheld (Ref FOIA Exemption 6).Documents Also Available in PDR
ML20134Q098
Person / Time
Site: Millstone, Palisades, Kewaunee, Harris, Saint Lucie, Robinson  Entergy icon.png
Issue date: 02/21/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Binder N
DEBEVOISE & PLIMPTON
Shared Package
ML20134B794 List:
References
FOIA-96-485 NUDOCS 9702260246
Download: ML20134Q098 (4)
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                     "    g                                                                                                               RESPONSE TYPE i;                          'y{ aid              RESPONSE TO FREEDOM OF                                                    I riNat                K l PAaTIAL (9th) l                                          INFORMATION ACT (FOfA) REQUEST                                               DATE
        .....                                                                                                                         E 2 1 1997 DOCKET NUMBERtSlltinophcable) 7 EQUE STE R Neil S. Binder l

l PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (Seecheckedboxesl 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) P are being made available for pubiic inspection and copying X at ths 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 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 obtain access to and the charges for cor3 ing records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC. y Agency records subject to the request are enclosed.

  • Records 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 N RC for fees totaling $ You will receive a refund from the NRC in the amount of $ in vi1w 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 Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in P:rt II, 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 and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOl A number, COMMENTS 

  ' Copies of the records identified on Appendix P and the releasable portions of the records identified on Appendix Q are enclosed.

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4ftC FORM 464 (Part il (191)

FO4A NUMBEMtS) DATs RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOIA 485 J S 2 i giq' (CONTINUATION) , [ PART 11.8- APPLICA8tE EXEMPTIONS l' l l 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 Exemption No.(s) and for the reason (s) given below pursuant to 6 U.S,C. 552(b) and 10 CF R 9.17(a) of N RC regulations. l 1 The withheld mformation is properly classified pursuant to Executive Order. (Exemption 1) l

2. The withheld mformation relates solely to the mternel personnel rules and procedures of NRC. (Exemption 2) 1 l l3. The withheld mformation is specifically enempted 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 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). l

4. The withheld mformation is a trade secret or commercial or fmancial information that is bemg withheld for the reason (s) indicated. (Exemption 4) ,

The information is considered to be confidential busmess (proprietary information. The mformation is considered to be proprietary mformabon pursuant so 10 CFR 2.790tdHI). The mformation was submitted and received m confidence pursuaot to 10 CFR 2 790tdll2)

5. The withheld mformabon consists of mteragency or mtrangency records that are not avadable through discovery durmg htigatyn (Exemption 5). Apphcable Privilege:

Deliberative Proc'ess: Disclosure of predecisonal mformation would tend to mhitst the open and frank enchange'of Osas essential to the deliberetswo process Where records are withheld m their entirety, the f acts are inestricably intertwmed with the predecisional mformation. Th e also are no reasonably seyegable f actual portions because the release of the f acts would permit an indstect inquiry mto the predecisional proress of the agency Attorney work-product privilege IOocuments prepared by an attorney in conternplation of litigation i Attomey client privilege. (Confidential commumcations between an attorney and his/her chent.) . . . j l i

6. The withheld mformation is enempted from pubhc disclosure because its disclosure would result in a clearly unwarranted mvasion of personal pnvecy (Exemption 6) l 1

X 7, The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reasonist mdicated (Exemption 7) Disclosure could reasonably be expected to mterfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipeents to take action to shield potential wrongdomg or a violatson of NRC requirements l from investigators. (Exemption 7 (Al) Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemptinn 7(C)) d The information consists of names of individuais and other snrormation the disclosure of whah could reasonably be enoected to reveal identities of 

   & -            confidennai sources. (Enemption 7 (D))

OTHER l PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25tb) and 'or 9 25(c) of the U.S. Nuclear Regulatory Commission regulations. it has been determined that the mformation withheld is exempt from pro-duction or disclosure, and that its production or d<sclosure is contr dry to the pubhc mterest. The persons responstble for the denial are those officials identified below as denymg officisis and the D rector, Dives,on of Freedom of Informanon and Publications Services. Office of Administration, for any denials that may be appealed to the Executive Director for Operations (EDOL DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL l EM SECWY G I Director, Office of Nuclear l Samuel J. Collins Reactor Regulatinn 0/1 y Directors Office of James Lieberman Enfnreamant 0/2 X l l l l l PART 11. D- APPEAL RIGHTS The d:nial by each denyme official identified m Part II.C may be appealed to the Appellate Official identified there, Any such appeal must be made in writmg withm 30 days of receipt of this responsa. Appeals must be addressed. as appropriate, to the Executive Director for Operations. to the Secretary ofthe Commission, or to the Inspector Generaf. U.S, Nuclear Regulatory Commission, Washington, DC 20055, and should clearly state on the envelope and m the letter that it is an " Appeal from an Instral FOI A Decision." NRC FORM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION

a l 4 l Re: FOIA-96-485 l APPENDIX P l RECORDS BEING RELEASED IN THEIR ENTIRETY NQ. DATE DESCRIPTION /(PAGE COUNT)

1. 06/24/96 Memorandum to P. McKee, and other PDs, NRR, from T. Collins, NRR,

Subject:

Potential Violation of 10 CFR 50.46 (3 pages)

2. 10/01/96 Memorandum to F. Hebdon, NRR, from E.

Butcher, NRR, Interim Staff Guidance on the Use of PRA in the 10 CFR 50.59 Process - Follow Up on Response to TIA 95-013 (11 pages) 1 l l i 9 i i l 

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o J 4 i Re: F0IA 96 405 t APPENDIX Q RECORDS BEING WITHHELD IN PART l 

         ' ML.      DAIE          DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS
1. 3/7/94 Letter to Executive Director for Operations from Thomas Saporito (10 pages) EX. 6
2. Undated Draft Letter to Thomas Saporito from James Lieberman (5 pages) EX. 6 l

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DEBEVOISE & PLIMPTON 875 THIRD AVENUE gsg s REET g. 22a g g v tcREEo .s TE wet NEW YORK, NY I0022 TELEPHONE GO2) 383-8000 TELEPHONE 03 H 40 731212 TELEPHONE 444171) 3290779 (212) N TELECOPIER GO2) 383-8118 TELECOPIER G31) 47 20 SO 82 TELECOPIER 644-171) 329 0860 

                                                     *5'o"vI'EdsTOTI:EITY                      10ss evo4PEsr TELECoPIER: (212) 909 6836                                 tasa 1                 T LEPHONE      1) 3 084 November 14, 1996 Russell Powell                                                              IO'AlN
  • Chief of the FOIA/LPDR Nuclear Regulatory Commission C,ase No- J4486 /Nf-94 l

Date Flec'd Mail Stop T6D8 gg

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Washington, D.C. 20555-0001 Related Case- _ _ . . . 1

Dear Mr. Powell:

1 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 j 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 (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 determine my status for the purpose of assessing any fees, you should be advised that I 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, yy t Neil S. Binder b9 n 3 

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