ML20137A860

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Second Partial Response to FOIA Request.Records Listed in App D Encl & Will Be Available in Pdr.App C Records Withheld in Entirety (Ref FOIA Exemption 5)
ML20137A860
Person / Time
Site: Salem, Hope Creek  PSEG icon.png
Issue date: 03/11/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To:
AFFILIATION NOT ASSIGNED
Shared Package
ML20137A863 List:
References
FOIA-96-492 NUDOCS 9703210101
Download: ML20137A860 (4)
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  • [s 3, RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE l FINAL [ PARTIAL 8Z -

/* MAR 1 1 1997 DOCKET NUMBE R(S) f// app / cable)

AEQUESTE R PART L-AGENCY RECORDS RELEASED OR NOT LOCATED /See checkedboxes/

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) M are being made available for public inspection and copying it 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 FOIA number.

Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the Nr1C 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. l Agency records subject to the request are enclosed.

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

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You will be billed by the NRC for fees totaling $

1 You will receive a refund from the N RC in the amount of $ l l

1 in view of N RC's response to this request, no further action is beiag taken on appeal letter dated , No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE COrtain Information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part 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 inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOlA number, COMMENTS l

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NZC FIRM 464 (Part 1) (1-91) 'I 7 O J A ) 0l4i

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k FOIA NUMitRis! DATE s RESPONSE TO FREEDOM OF

. INFORMATION ACT (FOIA) REQUEST FOIA -f" 4'f4 R11im (CONTINUATION)

' PART 11.8- APPLICABLE EXEMPTIONS

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Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in part under the Exemption 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 classified pursuant to Executive Order. (Exemption 1)
2. The withheld information relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2) l l3. The wethheld information es specifically exempted from public disclosure by sta:ute indicated. (Exemption 3)

Sections 141 145 of the Atomic Energy Ot. which prohibits the disclosure of Restricted Data or Formerfy Restricted Data (42 U.S.C. 21612165).

4 Section 147 of the Atomic Energy Act, which prohibits the disclosure of Uncles;fied Safeguards information (42 U.S.C. 2167).

4. The withheld mformation is a t.ede secret or commercsal or fmancial mformation that is bemg withheld for the reason (s) indicated. (Exemption 4) f ne enormation is considerou su be cuediuenbei bwouws6 ipewynetdivl infoemat.on.

The mformation is considered to be proonetary information pursuant to 10 CFR 2.790 ldh 1)

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j The mformation was submitted and received m confidence pursuant to 10 CFR 2.790(dH21 J ..

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5. The withheld information cons #sts of mteragency or mtraagency records that are not avai:stde through discovery dunng htigation (Exemption 5). Apphcable Privilege:

Deliberative Process: Disclosure of predeciseonal mformation would tend to inhibit the open and frank enchange of ideas essential to the dehberative process Where records ete withheld in their entirety, the facts are meutncably intertwined with the predectsional mformation There also are no reasonably segregable f actual )

porteons because the release of the facts would permit an mdirect inquiry mio the predecisional process of the agency Attnrney work-product pnvdege (Documents prepared by an attomey rn contemsjiation of litigation .

j Attorney client Drivilege. (Confidential communications between an ettorney and his/her client.) .l a

6. The withheld mformation is esempted from public disclosure because its disclosure would result m a clearly unwarranted invasion of personal privacy (Exemption 6)

J 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 interfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of i enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from investigators. (Exemption 7 (AD Disclosure would constitute an unwarranted mvasion of personal pnvecy. (Exemption 7(C))

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The information consists of names of individuals and other information the disctosure of which could reasonably be espected to revealidentities of confidential sources. (Exemption 7 (DH

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i l PART ll. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25(b) and'or 9.25(c) of the U S. Nuclear Regulatory Comm ssion regulat<ons. it has been determined that the information withheld is exempt from pro-i duction or disclosure. and that its production or disclosure is contrary to the pubbe meerest. The persons responsible for the denial are those officials identified below as denying officiais and the Director. Dwesion of Freedom of information and Pubhcatons Services. Office of Admmistration, for any denials that may be appealed to the Executive Director for Operations (EDOI.

DENYING OFFICIAL TITLE 'OF FICE RECORDS DENIED APPELLATE OFFICIAL l

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PART IL D- APPEAL RIGHTS The osnial by each denying official identified in Part II.C may be appealed to the Appellate Official identified there. Any such appeal must be made m wnting within 30 days of receipt of thi6 response. Appeals reust be addressed, as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector Generat. U.S. Nuclear Regulatory Commission, Washmgton, DC 20555. and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOI A Decision."

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

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5 Re: FOIA-96-492 APPENPIX C RECORDS BEING WITHHELD IN THEIR ENT!RETY HQ, DATE DESCRIPTION #PAGE COUNT)/ EXEMPTIONS

1. 09/10/96 OE Understanding and EQ Request Form with attached handwritten note (2 pages) EX. 5 d
2. 11/14/96 EA Request & Enforcement Strategy Form with attached handwritten note to D. Hology from M. Satorius (2 pages) EX. 5 4

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Re: FOIA-96-492 APPENDIX D RECORDS BEING RELEASED IN THEIR ENTIRETY hKL DATE DESCRIPTION /fPAGE COUNT)

1. 10/29/96 Memo to R. W. Cooper from B. R. Letts,

Subject:

Assist to inspection Closure (OI Case No. A1-96-029) with attached 10/2/96 e-mail from t..

Nicholson to R. Keimig & G. Smith and 10/2/96 e-mail from R. Keimig to L. Nicholson (3 pages)

2. 11/25/96 Memo to J. Lieberman from H. J. Miller,

Subject:

Proposed Action to 4

Public Service Electric and Gas Company )PSE&G) for Secuirty lations at Salem / Hope Creek with attached draft letter and draft NOV (14 pages) l i {

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m..,,e m-~l Case No: $-49A Date Rec'd. /I-JL54 [ ~

Ac6onOft Froms douglas d solomon <DSOLO88394@gnn. core %WJCay3:

To: TWD2.TWP6(tdl)

Date: 11/20/96 8:47pm

Subject:

Re: To whom it may concern, -Reply

>Date: Tue, 19 Nov 1996 11:26:51 -0500

>From: Teresa Linton <TDL@nrc. gov > I

>To: DSOLO88394@gnn.com ~

Subject:

To whom it may concern, -Reply

>Your request for information was forwarded to the Local Public

> Document Room Staff. The only public PSE&G meeting

> scheduled for November 12 that we are aware of was one

>concerning motor operated valves at the Salem Nuclear Power

> Station. There was a closed enforcementAre conference either of these

>concerning Hope Creek on November 14.

> meetings the one you are interested in?

>Teresa Linton, Information Services Librarian

> Local Public Docurdent Room Program

>US NRC ,

The date of information I am requesting should be November 14,1996 The subject matter was inreference to 6 Security Violations at the salem / hope creek nuclear power plants. We were told that such in fact our site manager for a meeting took place at Region I ,

Wackenhut even wanted one of our people to go but it posed a problem . I've been told that we will know what went on concerning us and the security department. A full report or atleast a briefing on the matter. But I'm not sure coming from those sources that we'll get the full story. Any help will be appreciated. Also I am in need of the addresse to send official Freedom of Information Request .

Thanking You for your time and reply, Douglas D. Solomon woe m4e -

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