ML20140A443
| ML20140A443 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 05/23/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Binder N DEBEVOISE & PLIMPTON |
| Shared Package | |
| ML20140A447 | List: |
| References | |
| FOIA-96-485 NUDOCS 9706040207 | |
| Download: ML20140A443 (3) | |
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U.S. NUCLEAR REGULATORY MMMISSION NHC FOIA REQutST NUMBEH(S) p,\\
FORA u.am RESPONSE TYPE y
i; RESPONSE TO FREEDOM OF lHNAL lyy PARTIAL (gg
\\e INFORMATION ACT (FOIA) REQUEST oAtE NY 2 3199T eeee DOCKET NUMBER (S) r/tapptrable) r.EQUESTE P l
Heil S. Binder l
PART 1.-AGENCY RECORDS RELE ASED OR NOT LOCATED (See checked boAes/
l No agency records subject to the request have been located.
l No additional agency records subject to the request have been located.
l Requested records are available through ar other public distribution program. See Comments section, l
y Agency records subject to the request that are identified 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.
I The nonproprietary version of the proposal (s) that you agreed to accept in a telephone c:mversation 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 FOI A number.
Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the N RC Local Public Document Room identified in the Comments section.
I Enclo ed is information on how you may obtain access to and the charges for copymg records located at the NRC Public Document Roc 1,2120 L Orec, N.W., W.-hington, DC.
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' Agency aecords subject to the request are enclosed.
Records subject to the requ 'st have been referred to another Federal agency (ies) for review and direct response to you.
4 fees You will be billed by the NRC for fees totaling $
You will receive a refund from the N RC in the amount of $
f n view of N RC's response to this eauest, no further action is being taken on appeal letter dated
, No.
PdT 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSUHE
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Certrin information in the requested records ?s being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated 5
in Pert 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 X
Inspection and copying in the NRC Public Docoment Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.
COMMENTS A Copy of the releasable portions of the record identified on Appendix AAAA iS enclosed, i
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- SIGNATURE, QlRECTOR, DIVISION OF F REEDO INFO AND PUBLICATIONS SERVICES W
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9706040207 970523 PDR FOIA BINDER 96-485 PDR
- ecc Foru 4g4 (pers el(t.gtI
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA -
96-485 i
(CONTINUATION) 3@
PART 18.8-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) AAA A are being withheld in their entirety or in part under the l
Exemption No.(s) and for the reason (s) given be'ow pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N R C regulations.
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- 1. The withheld mformation is properly classified pursuant to Executive Order. (Exemption 1)
- 2. The withheld mformation relates solely to the internal personnel rules and procedures of NRC. (Exemption 2) 1
{ 3. The wHht.ald information is specifically exempted from public disclosure by statute indicated. (Exemption 3) i l
Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U.S.C. 2161-2165).
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Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
- 4. The withheld information la a trade secret or commercial or fmancial information that #s bemg withheld for the reasonis) indicated. (Exemption 4) l l
The mformation as consedered to be confidential busmess (propnetary) mformation.
The information is considered to be p.opnetary information pursuant to 10 CFR 2.790(dit1).
The mformation was submitted and received in confidence pursuant to 10 CFR 2.7901d)(2).
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- 5. The withheld mformation consists of interagency or miraegency records that are not availat,ie through discovery dunne litigation (Exemption 51. Applicable Privilege:
Deleberative Process: Disclosure of predecisional info #mation would tend to mhebet the open and frank exchange of ideas essential to the deliberative process Where records are withheld m their entirety, the facts are nextncably mies' wined *Hb the predeces onalinformahon. There a4o are no reasonabiv sepegable f actual i
- X portions because the reiease of the f acts would permit an indirect mouir a.nto the predeCisional process of the agency i
l Attomey work product privilege (Documents prepared by an attorney er contemplation of litigation l I
l Attorney chent privilege. (Confidential communications between an attorney a id his/her client.)
- 6. The withheld mformation is exempted from public ossclosure because its desclosuit would result m a clearly unwarranted mwauon of personal pnvacy. (Exemption 6)
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- 7. The withheld mformation consists of records compiled for law enforceraent purposes and is bemg withheld for the reason (s) mdicated (Exernption 7)
Disclosure could reasonably be expected to interfere wl.. s ' ecoment proceedmg because it could reveal the scope. direction, and focus of enforcement efforts, and thus could possibly allow recipients
. action to shield potential wrongdoing or a violation of NRC requirements j
X D'*c'o=ur' -ou'd canatitu'* an unaarraated m***'on of personal privacy. (Exemption 7(C))
j The mformation consists of names of sndividuals and other information the disclosure of which could reasonably be enoected to revealidentities of conhdential sources. (Exemption 7 (D))
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l PART 11. C-DENYING OFFICIALS l
Pursu on' to 10 CFR 9.25(t') and/or 9 251cl of the U.S. Nuclear Regulatory Commissron replations. it has been determined that the information withheld is exempt from pro-duct on or disclosure, and that its production or desclosure is contrary to the pubhc interest. The persons responsible for th9 denial are those officials identified be!ow as denymg i
offit.als and the Director, Division of Freedom of information and Pubhcations Services. Office of Administration, for any den 4als that may be appealed to the Executive Director i
for Operations (EDO).
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DENYlNG OFFICIAL TITLE! OFFICE RECORDS DENIED APPELLATE OFFICIAL l Luis A. Reves Regional Administrator
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l PART E. D-APPEAL RIGHTS The denial by each denying official 6dentified in Part II.C may be appealed to the Appellate Officist identified there. Any such appeal must be made in wnting within 30 days of receipt o' this response. Appeals must be addressed, as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Regulatory Commiss on Washington, DC 20055, 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 l
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FOIA-96-485 APPENDIX AAAA 1
RECORD BEING WITHHELD IN PART NO.
DAT5 DESCRIPTION / (PAGE COUNT) / EXEMPTIONS i
1.
Undated Draft letter to Florida Power & Light Company from Kerry Landis with enclosures -(77 pages) EX. 5 and 7C l
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k DEBEVOICE & PLIMPTON l
875 THIRD AVENUE Ss5 iTH sTarET. N W, 21 AVENUE GEORGE V 1 CREE.D COURT. 5 LUDGATE HILL WASHINGTON. DC 20004 75008 PARIS LONDON EC4M 7AA l
NEW YORK, NY 10022 TELrPwCNE croa) 383 80o3 TEtrPwCNE c33.u do 73 la 12 TELEPHONE (44171) 329 0779 l
(21a 909M TLuCOPiER c202) ass-8118 TELEcoPiER <331) 47 20 so 82 TELECOPiER (44-171) 329 0860 3o E.EN S CE 1065 BUDAPEST HONGKONG RfVAY KOZ 2 m i2 TELECoPIER: (212) 909-6836 TELEPHONE (852) 2810 7918 TELEPHONE (361) 1310845 i
TELECOPIER (852) 2810 9828 TELECOPIER L361) 132 7995 November 14, 1996 j
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@N M Russell Powell Chief of the FOIA/LPDR Case No-J f-//86 Nuclear Regulatory' Commission D ate % c'd
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Mail Stop T6D8 g g *.
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Washington, D.C. 20555-0001 NMM
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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:
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- 1) All records or other documents from January 1, 1993 to the present that are not currently in the l
public documents room and that relate to Florida l
Power and Light's St. Lucie Nuclear Power Plant (Unit 1 and/or Unit 2).
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- 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 l
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 b
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processing this request.
Sincerely, W7 Neil S. Binder 1
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