ML20137Y001

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Twenty-eighth Partial Response to FOIA Request for Documents.Records in App III Encl & Being Withheld in Part (Ref FOIA Exemptions 2 & 6)
ML20137Y001
Person / Time
Site: Saint Lucie  NextEra Energy icon.png
Issue date: 04/17/1997
From: Brown N
NRC OFFICE OF ADMINISTRATION (ADM)
To: Binder N
DEBEVOISE & PLIMPTON
Shared Package
ML20137Y003 List:
References
FOIA-96-485 NUDOCS 9704220288
Download: ML20137Y001 (4)
v • d • e


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FOIA 485 ge skikh RESPONSE TYPE g.

RESPONSE TO FREEDOM OF I rmAt p l PARTI AL (28th)

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INFORMATION ACT (FOIA) REQUEST DATE (APR 17 nw e

oone DOCKE T NUMbE R(S) (/f applicablef REQUESTER Neil S. Binder PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes /

N2 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 ti.ai 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 Ar.pendix(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 FOIA number.

The 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 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 ce identified in Appendix (es) may be inspected and copied at the NRC L > cal Public Document Room identified in flee Comments section.

Enclosed is information on how you may obtain acrd us cod the charrjes for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request are encloses

'lecords subject to the request have been r ' erred to another Federal agency (ies) for review and direct response to you.

Fros You will be billed by the NRC for fees totaling $

l You will receive a refund from 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 ietter dated

, No.

PART 11. A-INFORMATION WITHHELD FROM PtJBLIC DISCLOSURE Cartain inforrnation in the requested records is haing withheld from public disclosure purss

.I to the exemptions described in and for the reasons stated y

in Part 11, B, C, and D. Any released portions of the documents for which only part of t*.e ord is being withheld are being made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washini;r o, DC in a folder under this FOI A number.

COMMENTS Copies of the releasable portions of the records identified on Appendix III are enclosed.

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. NRC FORM 464 (Part il (141)

RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA --96-485 g 3 7 m, (CONTINUATION) l PART 11.B-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es)

III are being withheld in their entirety or in part under the Exernption No.(s) and for the reason {:) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.

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1. The withheld mformat>on is properly classified pursuant to Executive Order,(Exemption 1)
2. The wittiheld mformat#on relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2) l l3, The withheld mformation is specifically enempted from public 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. 2161-2165).

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

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

The information is considered to be confidential business (proprietaryl information.

The information is considered to be propnetary mformation pursuant to 10 CFR 2.790ldtI1).

The infor. nation was submitted and received in confidence pursuant to 10 CFR 2 7904d)(2)

5. The withheld mformation consists of mteragency or mtraagency records that a e -

<iva lable through discovery during htigation (Exemption 6). Apphcable Privir ge:

a Deliberative Process Disclosure of predecisional mformation would teno to inhibst the open and frank enchange of ideas essential to the del $erative process Where records are withheld in their entirety, the f acts are insati< ably mteriwined with the predecisional mformation Tnere siso are no reasonably saaregable f actual I

portions because the release of the f acts would permit an mdirect inquiry into the predecisional process of the agency

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Attorney work product pnvilege (Documents prepared by an attorney m contemplatiori of litigation 1

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

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6. The withhe:d information is enempted from public disclosure becauhe its disclosure would result in a clearly unwarranted invasion of ps.isonet pnvecy (Exemption 6)
7. The withheld mformation consists of records compiled for law enforcement purposes and is being withhela for the reasonis) mdecated (Exemption 7) i j

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 take action to shield potential wrongdoms or a violation of NRC requirements 1

Disclosure would constitute an unwarranted invasion of personal pnvecy. (Exemption 7(Cl)

The mformation consists of names of individuals and other mtormation the disclosure of which could reasonably be enorcted to reveal identities of confidential sources. (Ememption 7 (DI)

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PART 11. C-DENYING OFFICIALS Pursusnt to 10 CFR 9.25(b) and or 9 25(ci of the U.S. Nucless Ragulatory Comm.ssion regulatons, it has been determmed that the information withheld is esempt from pro-duction or disclosure, and that its production or d,sclosu e is contrary to the pubhc mierest. The persons responsible for the denial s's those officials identified below as denying r

officials end the Director, Division of Freedom of information and Publications Services. Office of Admmistration, for any denials that may be appealed to the Executive Director for Operations (EDO).

l DENYING OFFICIAL TITLE' OFFICE RECORDS DENIED APPELLATE OFFICIAL ILuisA.Reyes Regional Administrator D.,1 Ano III y

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l PART 14. D-APPEAL RIGHTS The dInial by each denying official identified in Part tt.C may be appealed to the Appellate Official identified there. Any such appeat must be made m writmg withm 30 days of receipt of this response. Appeats must be addressed, as appropriate, to the E mecutive Director for Operations, to the Secretary of the Comm.ssion, or to the inspector General, U.S. Nuclear R:guistory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOI A Decision."

NlC FdRM 464 (Part 2) (191)

U.S. NUCLEAR REGULATORY COMMISSION

A-7 F01A 96 485 APPENDIX III RECORDS BEING WITHHELD IN PART NO.

DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.

6/13/94 Letter to S Ebneter from J Goldberg (2 pages)

EX. 6 2.

12/14/94 E-Mail from A Ignatonis to V Selewski.

Subject:

RII-94-A-0105{

}(1page)EX.6 3.

5/16/95 Escalated Enforcement Panel Questionnaire'(6 pages)

EX. 6 4.

9/6/95 EICS Staff Notes (3 pages) EX. 6 5.

9/25/95 St. Lucie Nuclear Plant. Pre-Decisional Enforcement Conference (138 pages) PASSCODE FOR NRC BRIDGE NUMBER WITHHELD, EX. 2 6.

3/8/96 NRC Closed Predecisional Enforcement Conference. St.

Lucie Nuclear Plant (132 pages) PASSCODE FOR NRC BRIDGE-NUMBER WITHHELD, EX. 2 7.

3/18/96 E-Mail from B Michael to L Watson,

Subject:

St. Lucie Operator (1 page) EX. 6 8.

7/24/96 E-Mail from A Boland to J York.

Subject:

End Date for St. Lucie Ins)ection (2 pages) PASSC0DE FOR NRC BRIDGE NUMBER WITHHE_D, EX. 2 9.

10/4/96 E-Mail from B. Uryc to A Boland et al..

Subject:

St. Lucie MR Baseline Inspection Violations Panel with enclosures (22 pages) PASSCODE FOR NRC BRIDGE NUMBER WITHHELD, EX. 2 10.

10/25/96 E-Mail from A Boland to D Flack et al.,

Subject:

Region II Enforcement Panel (1 page) PASSC0DE FOR NRC ETIDGE NUMBER WITHHELD, EX. 2 11.

11/5/96 E-Mail from A Boland to M Miller.

Subject:

Info for Panel with enclosures (25 pages) PASSC00E FOR NRC BRIDGE NUMBER WITHHELD, EX. 2 12.

11/8/96 E-Mail from A Boland to A Gibson et al., Subject Region II Enforcement Panel with enclosure (8 pages) PASSCODE FOR NRC BRIDGE NUMBER WITHHELD, EX. 2

o 2

13.

.11/12/96 Letter to T Plunkett from P Shaw,

Subject:

NRC Personnel Access - St. Lucie Nuclear Plant (3 pages) EX. 6 4

14.

11/13/96 E-Mail from A Boland to A Gibson et al..

Subject:

Region II Enforcement Panel - Location Change with enclosure (9 pages) i PASSCODE FOR NRC BRIDGE NUMBER WITHHELD, EX. 2 15.

11/15/96 Letter to T Plunkett from P Shaw

Subject:

NRC Personnel Accession - St. Lucie Nuclear Plant (3 pages) EX. 6 16.

11/7/96 E-Mail from A Boland to P Thompson et al.,

Subject:

RII Enf Pnl (1 page) PASSCODE FOR NRC BRIDGE NUMBER WITHHELD, EX. 2 17.

11/22/96 Letter to T Plunkett from P Shaw

Subject:

NRC Personnel Access - St. Lucie Nuclear Plant (2 pages) EX 6 18.

Undated Handwritten Notes (1 page) EX. 6 19.

Undated St. Lucie Plant. Administrative Procedure No. 0010120.

Revision 79. Conduct of Operations (2 pages) PASSCODE FOR NRC BRIDGE NUMBER WITHHELD, EX. 2 i

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HONGMONG RtvAY W 2 E / 2 TEt.FCoPIFA: (232) 909-6836 tettPnONE 4&B 2810 M18 miPnONE !bH 131064 1 ELECCPER (652) 2010 9626 TELECORER (WD 132 71Y4 November 14, 1996 i

REQUEST Russell Powell Cae No-

%-N6 Chief of the FOIA/LPD..

Nuclear Regulatory Coarnission Date Rec'd

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%t Mail Stop T6D8 g g' Washington, D.C. 20555-0001 RelaindCase-

Dear Mr. Powell:

i This is a request under the Freedom of Information 5 U.S.C. 5 552.

I request that a copy of all records

Act, 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).

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

In order to help determing 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, e

[fS Neil S. Binder

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