ML20138F632

Thirty-first Partial Response to FOIA Request for Documents. Records in App Lll Encl & Will Be Available in Pdr.App Mmm Records Withheld in Part (Ref FOIA Exemptions 2 & 6)

ML20138F632
Person / Time
Site:	Saint Lucie
Issue date:	04/25/1997
From:	Reed C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Binder N DEBEVOISE & PLIMPTON
Shared Package
ML20138F638	List: ML20138F632 ML20138F707 ML20138F733 ML20138F791 ML20138G494
References
FOIA-96-485 NUDOCS 9705060018
Download: ML20138F632 (4)

Text

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FOIA 485

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RESPONSE TYPE f

g RESPONSE TO FREEDOM OF l FINAL l Xl PARTIAL (31st)

INFORMATION ACT (FOIA) REQUEST

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REQUE ST E R Neil S. Binder PART 3.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checAedboaest 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;n(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) lll are being made available for public inspection and copying j

X ct ths NRC Public Document Room. 2120 L Street, N.W., Washington, DC,in a folder under this FOIA number.

Th2 nonproprietary version of the proposal (s) that you agreed to accept in a telephone :onversation 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 FOl 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 l

Room identified in the Comments section.

Enclosed is information on how you may obtain access to and the chargi's for copying records located at the NRC Public Document Room,2120 L Street, i

N.W., Washington, DC.

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A jency records subject to the request are enclosed.

• Rrcords subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

Feies You will be billed by the NRC for fees totahng $

You will receive a refund from the NRC 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 l

Ccrtzin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part 11, 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

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inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number, COMMENTS

• Copies of the records identified on Appendix LLL and the releasable portions of the records identified on Appendix MMM are enclosed, l

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RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOlA 485 gpgg (CONTINUATION) l l PART 11.8-APPLIC e.8LE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) MM. are being withheld in their entirety or in part under the Extrnption No.(s) and for the reason (s) given below pursuant to 5 U.S.C,552(b) and 10 CFR 9.17(a) of NRC regulations.

1. The withheld enformation is properly classified pursuant to Executive Order,(Exemption ')

X 2, The withheld information relates solely to the internal personnel rules and procedures of NRC, (Exemption 2) l l 3. The withheld information 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. 2167L l

l4. The withheld mformation is a trade secret or commercial or 1,nancial information that ic being withheld for the reasontal indicated. (Exemption 4) i j

The mformation es considered to be confidential business lproprietary) information The mformation is considered to be proprietary mformation pursuant to 10 CFR 2 790(dH1) l The mformation was submitted and received in confidence pursuant to 10 CFR 2. 790tdH2).

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l5. The withheld mformation consists of mteragency or mtraagency records that are not available through descovery dunng htigation { Exemption 5) Apphcable Privilege:

Dehberative Process Disclosure of predecisional mformation would tend to mhibit the open nd trank enchange of ideas essential to the debberative process Where records are withheld m their enterety, the f acts are ineutricably mtertwined with the prsuccisional information. There also are no reasonably segregable f actual portions because the release of the f acts would permit an indirect inquiry into the predecisional process of the agency 9m Attorr'ay work product privilege iDocuments prepared by an attorney in contemplation of btigatior..

Attorney.chent privilege. (Confidential commumcations b'etween an attorney and his/her chent.)

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

7. The withheld mformation consests of records compiled for law enforcement purposes and is bemg withheld for the reason (s) indicated (Exemption 7)

Disclosure could reasonably be expected to mterfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement eftorts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from investigators. (Exemption 7 (A))

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

B-The mformation consists of names of individuals and other information the disclosure of which could reasonabi, be emoected to reveal identities of cont: dent:al sourcas (Examption 7 (D))

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l PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.251b) and'or 9 25(c) of the U S. Nuclear Regulatory Commiss.on regulations, it has been determined that the otore

. *4thneld is exempt from pro-duction or disclosure, and that its production or disclosure is contraey to the pubhc interest. The persons responsible for the denial are those officials identified below as denying officials and the Director, Division of Freedom of Info'mation and Pubhcations Services. Office of Admemstration, for any damals that may be appealed to the Executive Director for Operations (EDOL l

DENYING OFFICIAL TITLE /OFFtCE RECORDS DENIED APPELLATE OFFICIAL I

Regional Administrator I Luis A. Reyes my Appendix MMM X

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l FART 11. D-APPEAL RIGHTS The d:nial 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 writing withm 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the Executive Director for Operatichs, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Rrgulatory Commission, Washington, DC 205b5, and should clearly state on the envelope and m the letter that it is an " Appeal from an initial FOI A Decision."

U.S. NUCLEAR REGULATORY COMMISSION NRC FORM 464 (Part 2) (1-91) j i

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. APPENDIX LLL 8-RECORDS BE1NG RELEASED IN THEIR ENTIRETY I.:

HQ2 DATE DESCRIPTION /(PAGE COUNT) l 1

1.

10/93 Plant Status Report, St..Lucie (20 pages) l 2.

9/27/94 Memorandum to-D Verilli from M Slosson,

Subject:

NRC Overtime Policy with enclosure (2 pages) j 3.

8/29/96 ARB Meeting (1 page) i 4.

9/19/96 Region II - Status of Escalated Enforcement Actions (1 page) j 5..

.9/26/96 Telephone Call Notes (1 page) i j

6, 11/4/96 St. Lucie-Allegation Follow-Up Summary, Case No.

RII-96-A-0180 (1 page) i 7.

Undated Allegation Action Plan, Case No. R1I-A-96-0180 j.

(3 pages)

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FOIA-96-485 1

i APPENDIX MMM RECORDS BEING WITHHELD IN PART i

i NO.

DATE DESCRIPTION / (FAGE COUNT) / EXEMPTIONS 1

i 1.

7/8/96 E-Mail from A Boland to A Gibson.et al.,

Subject:

Region II Enforcement Panel (12 pages) PASSCODE i

FOR NRC BRIDGE NUMBER WITHHELD EX. 2 2.

Undated Unauthorized Access of Personnel After Termination I

(8.pages) _EX.

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~'EVolOE & PLIMPTON s75 THIRD AVENUE

,sgesgteT g osy v ri A i cacco count.s te su NEW YORK, NY 10022 TuterwoNe caca) ass-sooo Team css.n so 7 is in TrapuoNe mitu 32s one (212) 90c}6000 Teucomen tao 2)ans-sita trucomen cas. > 47 ao so a2 TELECoRER 44417u 329 006o

'7 E T clu"rn2" noss suo,.ptsT TELECoPIER: (212) 909-6836 TELEPHONE (352) 281 TE 1)la o845 November 14, 1996 FO%#4 REQUETT Russell Powell Chief of the FOIA/LPDR C,aw No' 94-M85 Nuclear Regulatory Commission Date Rec'd

1. -If-9 4 Mail Stop T6D8 Action Off*'

Too 4-Washington, D.C. 20555-0001 Related Case-

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, 8.993 to the present that are not currently in the public documents room and that relate to Florida i

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.

l Sincerely,

- yy Neil S. Binder i

20280632.01

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