ML20138H840

Thirty-third Partial Response to FOIA Request for Documents. App Ppp Records Being Withheld in Entirety (Ref FOIA Exemptions 6 & 7)

ML20138H840
Person / Time
Issue date:	05/05/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Binder N DEBEVOISE & PLIMPTON
References
FOIA-96-485 NUDOCS 9705070301
Download: ML20138H840 (4)

Text

_ . _ _ _ _ _ _ -- - - - - - - - - - - -

~g g NUCLEAR REGULATDRI~COMidlSSl'OIU NHC FOlA i

EST NU ER(S96-485 h3 i FORA RESPONSE TYPE l

{j a

)

RESPONSE TO FREEDOM OF l Fih AL I XIPARTIAL (33rd) l ;

INFORMATION ACT (FOIA) REQUEST DATE

, eees.

DOCKET NUMBER (S)(trapphcotile) '

j REQUESTE R

, Neil S. Binder ,

PART l. AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes/ l No agency records subject to the request have been located.

, No additional agency records subject to the request have been located.

l Requested records are available through another pubiic distribution program. See Comments section.

l d

Agency records subject to the request that are idercrued in Appendix {es) are already available for public inspection and copying at thel

{ NRC Public Document Room,2120 L Street, N.W., Washington, DC.

l 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 FOI A number.

The nonpro~ietary version of the proposal (s) that you agreed to accept in a telepho. onversation with a member of my staff is now being made available l ,

8 for public .up.xtion and copying at the N RC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

l ,

Agency records subject to the request that are identified in Appendix (es) may be inspectect and copied at the N RC Local Public Document j Rcom identified in the Comments section. '

1 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, 1 N.W., Washington, DC.

l j Agency records subject to the request are enclosed.

l1 Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

1 l

g Fees

• l l

You will be billed by the NRC for fees totaling $

i i

l You will receive a refund from the NRC in the amount of $ .

I I i in view of N RC's response to this request, no furt's a tion is being taken on appeal letter dated , No.

1

~

PART 18. AdYliORMATION WITHHELD FROM PUBLIC DISCLOSURE

Ccrtain information in the requer'M records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated i j in Part 11, B, C, and D. Any re' portions of the dC,cuments for which only part of the record is being withheld are being made available for public l

inspection and copying in th .... Alic Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number.

l COMMENTS s

]

i l

l Ll.llllQlllIllI;lll;lllhII m

E.

• 1 RECTOR *

• FORMATION AND PUBLICATIONSSERVICsS EE 'g F1

% * ( OF$ W i

f q m,. .ma. _ ,._ ,, , , .o , ,

. . . m . - am .

FotA NUMetoist JATE RESPONSE TO FREEDOM OF i

INFORMATION ACT (FOIA) REQUEST FOIA 485 2 05 w (CONTINUATIEN)

{

l PART 18.8- APPLICA8LE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix {es) are being withheld in their entirety or in gurt 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 N RC regulations.

1. The withheld enformaton is properly classified pursuant to Execu*ive Order. (Emamption 1)

2. The withheld mformation relates solely to the internal personnel rules and procedures of NRC. (Ememption 2) l l3. The withheld mformation is specifically enempted from public disclosure by statute indicated. (Exemption 3)

Sections 141 145 of the Atomic Enorgy Act, which prohibits the disclosure of Hestricted Data or 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).

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

The information is considered to be confidential business (propnetary) information.

The information is considered to be propnetary mformation pursuant to 10 CFR 2.790tdH16 The mformation was submitted and received m e afiGnce pmuaa to 10 CFP 2 790(dH2)

6. The withheld mformation consists of interagincy or mtraagency records that are not available through discovery durmg litigation. (Exemption 5). Apphcable Privilege:

Deliberative 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 enterety, the f acts are inextricably intertwined with the predecisional mformation There also are no reasonably segregable f actual portions because the release of the f acts would permit an indirect mQuery into the predecisional process of the egency Attorney work-product pnvilrige iDocuments prepared by an attomy en contemplation of htigation i Attorney <hent privilege. (Confidential communications between an attornev and Ns *er cisent,)

6. The withheld mformation is enempted from public disclosure because its disclosure would sesult m a clearly unwarranted mvasion of personai pnvecy (Exemption 6) y

7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) sndicated. (Exernption 7) i y i

> 1 I 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 socipients to take action to shield potential wrongdoing or a violation of NRC requirements y from investigators. (Exemption 7 (A))

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

~

1 The mformation consists of names of individuals and other information thrt disclo6ure of which could reasonably be espectet* to reveal identities e

• confidential sources. (Exemption 7 (D))

l I

?

l l lOTHER l l.

PART 11. C-DENYING OFFICIALS

, ei to 10 CFR 9.25tbl and/or 9.25(c) of the U.S. Nuclear Regulatory Commission regulations. it has been determined that the information withheld is exempt from pro.

ducts or disclosure, and that its production or disclosure is contrary to the pubhc interest. The persons responsible for the denial are those offacials identified below as denying officials and the Director, Division of Freedom of informat.on and Pubhcations Services. Office of Admmistration, for any denials that may be appesied to the Executive Director for Operations (EDO).

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL l

EM SE N G Regional Administrator ILuisA.Reyes RII App PPP X l ]

l

~

I l

l PART 11. D- APPEAL RIGHTS The denial by sach denyme official identified in Part it.C may be appealed to the Appellate Official identified there. Any such appeal must be made in wrning withm 30 days of receipt of th's response. Appeals must be addressed, as appropriate, to the E mecutive Director for C,per ations, to the Secretary of the Commission, or to the inspector Generaf, U S. Nuclear Regulatory Commission, Washmgton. DC 20566, and shou 6d clearly state on the envelope and m the letter that it is en " Appeal from an initial FOI A Decision."

NRC F;RM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMIS$40N

(_ i. N A

Re: FOIA-96-485 APPENDIX PPP RECORDS BEING WITHHELD IN ENTIRETY N0. DATE DESCRIPTION /(PAGE COUNT) 1.. 10/15/95 Letter from Alleger to Director. US NRC (5 pages) EX. 6

2. 09/31/95 Letter from Alleger to Editor. The Palm Beach Post (8 pages) EX. 6 ,

3. 02/14/95 Unidentified typewritten notes (1 page) EX. 6

4. 02/14/95 Unidentified typewritten notes (1 page) EX. 6

5. 05/23/96 Letter from Alleger to Mark Miller, NRC. subject: (1)  !

Unprofessionalism of upper management (Joe Marchese) and .

(2) Unrealistic and unsafe expectations of the new V.P.

(Art Stall) (2 pages) EX. 6

]

6. 07/22/96 Letter from Alleger to NRC Region 2 (1 page) EX. 6 1

7. Undated St. Lucie Plant Utilityworker Outage Temporary Relieving j Oual-ification Survey (23 pages) EX. 6

8. 08/22/96 Case Chronology. REGION II-96-A-0172. A. Ignatonis (157 pages) EX. 7A

~

9. 05/12/96 Memofrom{ }toBrunoUryc. subject: Questionable Discrimination Action (28 pages) EX. 6

10. Undated Note from Alleger to NRC (6 pages) EX. 6 l

11. 03/11/96 Letter from Alleger to NRC (3 pages) EX, 6 -

12. 02/21/96 Letterfrom{ }toMr.DeMiranda(2pages)EX.6

13. s.106/96 Letter from Alleger to NRC (2 pages) EX. 6

14. Undated Note from Alleger (3 pages) EX. 6

15. 11/19/95 Letter from Alleger to Charles A. Casto (5 pages) EX. 6 i

16. 11/19/95 Letter from Alleger to Charles A. Casto (5 pages)EX. 6 j

17. 09/30/95 Memo from { }toCscarDeMiranda, subject: St. Lucie Plant Problems (43 pages) EX. 6 1

18. 12/04/95 Facsimile of Speakout Concern (1 page) EX. 6 l

19. 06/02/95 Medical Notes (3 pages) EX. 6  ;

i

1 1 r .

'n Re: FOIA-96-485 l NO. DATE DESCRIPTION /(PAGE COUNT).

20. 05/02/95 Letter from Alleger to NRC (4 pages) EX. 6

)

21. 05/19/95 Letter from Alleger to NRC (4 pages) EX. 6

22. Undated Letterfrom{ }toNRCResidentInspector(3pages)EX.6

23. Undated VHS Tape EX. 6 l

i i

I I

l l

l l

.DEBEVol2E & PLIMPTON 875 THIRD AVENUE 5 g5EyET 21 A GE V 1CRf D . TE HILL NEW YORK, NY 10022 TarPHonE aca sas-sooo TRIPHONE G3 u do M 1212 TRIPHONE M17D 329 OM9 (212)9094000 mscoPiEn oo21mslts TurcoPiEn ns.u 47 to so sa mECoPiER (44171} 32g osso

' 7auuns ce tut gg TELECOPIEFh (212) 909-6836 , esa set TmEPHONE 3 Os45 l

November 14, 1996 .

l Russell Powell FO!A/PA 6 l Chief of the FOIA/LPDR Case No: M-M86 I Nuclear Regulatory Cotanission [)8k b'd // /9 94. l Mail Stop T6D8 g g* gg Washington, D.C. 20555-0001 ReistedCase- __

Dear Mr. Powell:

This is a request under the Freedom of Information I request that a copy of all records  !

Act, 5 U.S.C. S 552.

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 l since January 1, 1993.

In c:Jer 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 processing this request.

1 i.

Sincerely, l<---- - - .

Neil S. Binder 202*a2 m ~ 9 7 O / 3/02 cP 7