ML20136A752
| ML20136A752 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Palisades, Saint Lucie, Turkey Point  |
| Issue date: | 03/05/1997 |
| From: | Pugh N NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Binder N AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20136A754 | List: |
| References | |
| FOIA-96-485 NUDOCS 9703100041 | |
| Download: ML20136A752 (4) | |
Text
L.o. h c-nnc en, a -i m.,,m AbaS, FOIA 96-485 gesk RESPONSE TYPE D
RESPONSE TO FREEDOM CF lHNAL l Xl PARTIAL (l4th)
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INFORMATION ACT (FOlA) REQUEST DATE DOCYET NUMBERIS) titapplicable)
RE OUESTE R 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 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.
y Agency records subject to the request that are identified in Appendix (es)
W are being made available for public inspection and copying ct the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.
Tha 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 NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.
Aoency 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 inforraation 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.
X Agency records subject to the request are enclosed.
- Hrcords 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 NRC in the amount of $
In view 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 i
CErtain information in the requested records is teing withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Ptrt 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 FOIA number, COMMENTS 4
- Copies of the records identified on Appendix W and the releasable portions of the records identified on Appendix S are enclosed.
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BINDER 96-485 PDR u -
4 NIC FEM 464 (Part II (191)
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FotA NUMeEMis) oATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOIA 96-485 WR 0 5 s (CONTINUATION) l PART 11.5-APPUCASLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) X are being withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below pursuarrt to S U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.
- 1. The withheld mformation is properly classited pursuant to Executive Order. (Exemption 1)
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- 2. The withheld information relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2) l l3. The withheld mformation is specifically enempted from pubhc 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. 21612165L Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
- 4. The withhe6d information is a trade secret or commercial or fmancial information that is bemg withheld for the reasonist indicated. (Exemption 4)
The mformation as considered to be confidential busmess (propnetaryl mformation.
The mformation is considered to be propnetary mformation pursuant to 10 CFR 2.790fdH16.
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The informahon was submitted and received m confidence pursuant to 10 CFR 2 790idH2)
- 5. The withheld mformation consists of snteragency or mtraegency records that are not available through discovery donng litigation (Exemption 5). Applicable Privilege:
Dehberative Process: Disclosure of predecisional mformation would tend to mhibit the open and frank enchange of ideas essential to the deliberative process Where records are withheld m their entirety. the f acts are mentncably inte" twined with the predecisioM enformation. There also are no reasonably seJtegable f actual portions because the release of the f acts would permit an mdirect mouiry into the predecissonal process of the agency.
Attr.eney work product pnvalege IDocuments prepared by an attorney en contemplanon of longation i Attorney.chent privilege. (Confidential communications between an attorney and his/her chant.)
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- 6. The withheid information is esiempted from public disclosure because its disclosure would result m a clearN unwarranted mvasion of personal pnvacy. (Exemption 6)
- 7. The withheld mformation consists of records compded for law enforcement purposes and is bemg withheld for ttu reason (s) indicated (Exemption 7)
Disclosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope. direction, and focus of enforcement efforts, and thus could possibly allow recipients to tame action to shield potential wrongdomg or a violation of NRC requirements from mvestigators. (Enemption 7 (AD Disclosure would constitute an unwarranted invasion of personal pnvecy. (Exemption 7(CH
,g The mformation cons >sts of names of individuais and other informat.on the disciosure of wh,ch could reasonabiv be enoected to revealidenoties of E
confidential sources. (Ememption 7 (D))
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PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(bn and'or 9 25(c) of the U S Nuciear Regulatory Commission regulations, it has bees; determined that the information withheld is enempt from pro.
duction or disclosure, and that its production or desclosure is contrary to the public m'erest. The persons responsible for the denial are those officials identified below as denymg officials and the Director. Division of Freedom of information and Pubhcat>ons Services, Office of Admmistration, for any denials that may be appeaied to the Executive Director for Operations (E DO).
l DENYING OFFICIAL TITLE; OFFICE RECORDS DENIED APPELLATE OFFICIAL
<egional Aam1nistrator too seencTaav io lLuis A. Reyes I
RII X1, X2, X5, X6 X
)irector, Office of l James Lieberman l
Enforcement X3 X
l Jirector, Office of Nuclear l Samuel J. Collins Reactor Regulation X4 X
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PART 11. 0- APPEAL RIGHTS The denial by each denymg offic;al ioentified in Part Lt.C may be appealed to the Appeltate Othcial identified there. Any such appeal must be made in wntmo withm 30 days of receipt of thu response. Appeals must be addressed, as apprognate, to the Executive Director for Operations. to the Secretary of the Commission, or to the Inspector General, U.S. Nuclear Rotatory Commission, Washington DC 20555, and should clearly state on the envelope and m the letter that et is an " Appeal from an Initial FOI A Decision."
NRC FORM 464 (Part 2) (19H U.S. NUCLEAR REGULATORY COMMISSION
1 4
Re: F01A 96-485 APPENDIX W RECORDS BEING RELEASED IN THEIR ENTIRETY NO.
DATE DESCRIPTION /(PAGE COUNT) 1.
1/4/96 Memorandum to Ellis Merschoff from Bruno Uryc.
Subject:
Phipps V. Florida Power and Light Company Department of Labor (DOL) Case No. 94-ERA-53 (6 pages) 2.
8/17/93 Memorandum for Thomas Murley from Jack Goldberg.
Subject:
2.206 Petition Submitted by Florida Municipal Power Agency. Re St. Lucie Antitrust License Conditions (46 pages) 3.
3/23/94 Memtrandum for James Lieberman from Jack Goldberg.
Subjtct: Thomas J. Saporito. Jr.
2.206 Petition 4
Regarding Florida Power and Light Company (57 pages)
_. _... _ _. _. _.. _ _ _ _.. _ _ _ _ _. _ ~.. _ _ _. _ -. _ _ _. _
t Re: F0IA 96 485 1
APPENDIX X i
RECORDS BEING WITHHELD IN PART 1
NQ.
DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.
7/3/96 Memorandum to Leo Norton from Stewart Ebneter.
Subject:
Allegation of Misconduct by a Region II Inspector (2 pages) EX. 6 2.
7/8/96 E-Mail from Anne Boland to OEMail.
Subject:
Region II
)
Enforcement Panel (1 page) EX. 2 3.
8/15/96 E-Mail from James Lieberman to G Caputo.
Subject:
Hand I Cases (1 page) EX. 6 4.
11/5/96 Memorandum to Peggy Shaw from Robert Gallo.
Subject:
NRC Contractor Unescorted Access (4 pages) EX. 6 5.
11/22/95 St. Lucie Nuclear Power Plant Tour Agenda (5 pages)
EX. 6 6.
11/6/96 E-Mail from M Miller to 0 DeMiranda.
Subject:
EPlan Concern (3 pages) EX. 6 I
DEBEVOISE & PLIMPTON s75 THIRD AVENUE sss 13TH STREET N W 21 AVENUE GEORGE V 1 CREED COURT, S LUDCoATE Hu NEW YORK, NY 10022 M*c2o2fass sooo TELEPHC N 4 73 12 12 TELE
) 329 0779 (212 909fCOO TruCOPiER c2o2> 3ss-alls -
TELECOs iER c33-1) 47 2o so er TELECOPiER c44171: 32s osso 30 ENS C
RAL 106S BUDAPEST TELECoPIER: (212) 909-6836 T3 EPHON CB5a 2s30 7918 TELE (E )
064S TEMCOPIER (852) 2810 9828 TELECOPIER (361) 132 7995 s
November 14, 1996 FO%/M M Russell Powell Chief of the FOIA/LPDR C,a.se No:
._&M86 Nuclear Regulatory Consnission Date Rec'd:
//-/F 94 Mail Stop T6D8 gg g g, Washington, DtC. 20555-0001 RelatedCair
Dear Mr. Powell:
This is a request under the Freedom of Infonnation Act, 5 U.S.C. S 552.
I request that a copy of all records and other documents that fit the following descriptic,n 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 detennine 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 I
processing this request.
Sincerely, k
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i Neil S. Binder y
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1 hf0Shl 20280632.01