ML20136A618

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Twelfth Partial Response for FOIA Request for Documents.App U Records Being Withheld in Part (Ref FOIA Exemptions 4,5 & 6)
ML20136A618
Person / Time
Site: Millstone, Calvert Cliffs, Catawba, Saint Lucie, Susquehanna, Turkey Point, Haddam Neck, Maine Yankee, Zion, Fort Calhoun  File:Connecticut Yankee Atomic Power Co icon.png
Issue date: 02/28/1997
From: Pugh N
NRC OFFICE OF ADMINISTRATION (ADM)
To: Binder N
DEBEVOISE & PLIMPTON
Shared Package
ML20136A623 List:
References
FOIA-96-485 NUDOCS 9703100018
Download: ML20136A618 (4)


Text

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INFORMATION ACT (FOlA) REQUEST DATE g%.ef..

FEB 2 E 1997 DOCKET NUMBER (S)(//spp/scablef 1.EQUESTE R i

Neil 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 distnbution 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) are being made available for public inspection and copying et the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOf A number, Th3 nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staf f 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 obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, i

N.W., Washington, DC.

Agency records subject to the request are enclosed.

f 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 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 CJrtain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated

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in P:rt it, 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 copyin0 in the NRC Public Document Room,2120 L Street, N.W., Washington, 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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DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOlA 485 FEB 2 81997 (CONTINUATION) l PART ll.B-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es)

U are being witbeld 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 withheld information is properly classsfied pursuant to Executive Order. (Exemption 1)
2. The withheld mformation relates solely to the mternal personnet rules and procedures of NRC. (Exemption 2) l l 3. ine withheld anformation is specifically e=empted from public disclosure by statute indicated. (Exemption 3) f I

Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data of 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).

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4. The wethheld mformation is a trade secret or commercial or financial mformauon that is bemg withheld for the reasonis) indicated. (Exemption 4)

X The mformation is considered to be confidential business (proprietaryl mformation

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The mformation is considered to be proprietary mformation pursuant to 10 CFR 2 790tdHis i

The mformation was submetted and received m confidence pursuant to 10 CFR 2 790(dH2l

5. The withheld mformation consists of interagency or intraagency records that are not available through discovery dunng litigst.on (Exemption 5). Apphcable Previlege:

Dehberative Process Disclosure of predecisional information would tend to enbibir the open and frank enchange of idees essential to the deleberative process.

pori,ons because ine,eiease of ine f acts wouid pe,m,t an,nd,,ect mov,,,,nto the p,edec.s.ona,aiuna. sJu.,w.,o There a'so ar Where records are withheld m their entirety, the facts are inextricably entertwines. weta the predeci X

,,ocess o tne agenc, Attorney work product pnvilege (Documents Pf epared by an attorney in contemplanon of litegation i X

Attorney chent privilege. (Confidential communications between an attorney and his/her chent.)

6. The withheld mformation es esempted from public disclosure because its disclosure would result en a c6early unawarranted invasion of personal pnvecy (Exernpt on 6)
7. The withheld mformation consists of records compiled for law enforcement purposes and as being withheld for the reasontsl endicated (Exemption 7)

Disclosure could reasonably be expected to mterfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts, and thus could possebly allow recipients to take action to shield potential wrongdomg or a violation of NRC requwements

y from investigators (Exemption 7 (A))

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

f The information consists of names of individua*s and other snformation the disclosure of whKh couid reasonably be SkDected to reveal identsfies of confidential sources. (Exemption 7 (01)

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l PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25tb) and or 0 25(c) of the U.S. Nuclear Regulatory Comm>ss.on regulations, it has been determined that the mformation wethheld is exempt from pro-duction of disclosure, arx1 that its production or disclosure is contrary to the pubbc mterest. The persons responsible for the derual are those offsCia!s identified below as denying officials and the Derector, D>v.s on of Freedom of informat+on and Pubhcationt Services. Office of Administration, for any denials that may be appealed to the Executive Director for Operations (E DO) l DENYING OFFICIAL TITLE OFFICE RECORDS DENIED APPELLATE OFFICIAL EDO SECRETARY 10 ISandyJoosten Executive Assistant Off4ce-obthe4ecretary-of-the Appendix U X

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PART 11. D-APPEAL RIGHTS The dania, by.ach denying o,f,ciai.deniif.ed m es,t ii.C may be appesied to the Appellate Off ciel ident>f.ed there. Any such appeaf must be made in writing withm 30 days of recespt of this response. Appeals must be addressed, as appropriate, to the E secutive D. rector for Operations. to the Secretsrv of the Commission, or to the inspector General. U S. Nuclear RIgulatory Commission. Washington DC 20555. and should clearly state on the emelope and m the letter that it is an "Apgeal from an initial FOt A Decision."

NRC FORM 464 (Part 2) (191)

U.S. NUCLEAR REGULATORY COMMISSION

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S Re:

FOIA-96-485B l

APPENDIX U RECORDS BEING WITHHELD IN PART a

i NO.

DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.

11/19/96 Excerpts from note to Chairman Jackson from Chuck Ogle, subject; November 21, 11:30-12:00, drop-in, FP&L Company, including handwritten notes. (4 pages) EX. 5 DELIBERATIVE PROCESS 2.

12/9/96 Note to Chairman Jackson from Chuck Ogle, subject; Director's Decision under 10 CFR part 2.206 regarding steam generator (SG) issues at St. Lucie (DD-96-19). (2 pages)

EX. 5 DELIBERATIVE PROCESS 3.

11/25/96 Note to Chairman Jackson from Brian Holian, subject: Director's Decision (DD) 96-18, 10 l

CFR 2.206.

(1 page) EX. 5 DELIBERATIVE PROCESS 4.

11/26/96 Note to Chairman Jackson from Brian Holian subject; Director's Decision (DD) 96-14, 96-12, 10 CFR 2.206.

(2 pages) EX. 5 DELIBERATIVE PROCESS 5.

4/23/96 Note to Chairman Jackson from Brian Bonser, subject; request for review of Director's Decision (DD-96-03) from Nuclear Information y

and Resource Service, (NIRS).

(1 page) EX. 5 DELIBERATIVE PROCESS 6.

12/19/96 Note to Commissioner (Chairman) Jackson from Michael Tschiltz, subject; DD-95-22, Director's Decision under 10 CFR 2.206, In the Matter of Maine Yankee Atomic Power Company and FP&LCo. (2 pages) EX. 5 DELIBERATIVE PROCESS 4

7.

Undated Routing slip, due 6/20 (relates to DD-95-10)

(1 page) EX. 5 DELIBERATIVE PROCESS 8.

Undated Routing slip, due 6/19 (relates to DD-95-8)

(1 page) EX. 5 DELIBERATIVE PROCESS i

9.

Undated Routing slip, due 6/6.

(1 page) EX. 5 DELIBERATIVE PROCESS

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2 10.

6/5/96 Note to Commissioner Jackson from Kathryn Winsberg, subject; DD-95-07, under 10 CFR 2.206, In the Matter of FP&LC.

(2 pages) l EX. 5 DELIBERATIVE PROCESS 11.

11/27/96 Memorandum to File from Chuck Ogle, subject; Courtesy visit-FP&L.

(3 pages) EX. 5 DELIBERATIVE PROCESS 12.

8/28/96-Letter from James Taylor, EDO, to Sen. Bob Graham, regarding; St. Lucie.

(6 pages)

EX. 6 13.

8/2/96 Letter from Sen. Bob Graham to {

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regarding; St. Lucie.

(6 pages) EX. 6 14.

6/5/95 Memorandum from Neil Jensen, Commissioner DePlanque, regarding; Director's Decisions.

(2 pages) EX. 5 ATTORNEY-CLIENT i

15.

Undated Memorandum from Bill Jones, to Dr. Selin, regarding; Visit by Messrs. Broadhead, Chairman and CEO FPL Co.,.

(10 pages) EX. 5 DELIBERATIVE PROCESS 16.

6/25/93 Memorandum from Sileen McKenna, OCM/DdeP to l

File regarding; Visit from FP&L.

(3 pages)

EX. 4 I

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DE5EVOISE & PUMPTON

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875 THIRD AVENUE 55513TH STREET, N w 21 AVENUE GEORGE V 1 CREED COURT,5 LUDGATE HILL WASHINGTON, DC 20004 75008 PARIS LONDON ECAM 7AA NEW YORK, NY 10022 TELEPHONE (202> 383-8000 TELEPHONE (331) 40 731212 TELEPHONE (44-171) 329 0779

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(212) 909M TELECOPIER (202) 383 8118 TELECOPlER (33-1) 47 20 50 82 TELECOPIER (4417!) 329 0860 j

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13/F ENTERTAINMENT BUILDING 30 QUEEN'S ROAD CENTRAL 1065 BUDAPEST HONG KONG RtVAY KOZ 2 m 12 TELECoPtER:(212) 909 6836 TELEPHONE (852) 2810 7918 TELEPHONE (36-1) 1310845 TELECOPIER (852) 2810 9828 TEwECOPIER (36-1) 132 7995 i

November 14, 1996 j

NJM Russell Powell Chief of the FOIA/LPDR

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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, 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 I

related to the company's business.

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

d Sincerely, i

Neil S. Binder 4

20280632.01 i MMM%d I / '.

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