ML20141C379

Final Response to FOIA Request for Documents.Records in App a Encl & Available in Pdr.App B Records Withheld in Part (Ref FOIA Exemption 5)

ML20141C379
Person / Time
Site:	Dresden, Byron, Braidwood, Quad Cities, Zion, LaSalle
Issue date:	06/23/1997
From:	Brown N NRC OFFICE OF ADMINISTRATION (ADM)
To:	Johnson I COMMONWEALTH EDISON CO.
Shared Package
ML20141C385	List: IA-97-171, Final Response to FOIA Request for Documents.Records in App a Encl & Available in Pdr.App B Records Withheld in Part (Ref FOIA Exemption 5) ML20141C379 ML20141C392
References
FOIA-97-171 NUDOCS 9706250140
Download: ML20141C379 (4)

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I U.S. NUCLEAR REGULATORY COMMISSION NRC FOIA HEQUEST NUM$E5I

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.a FOIA - 97 171

%M RESPONSE TO FREEDOM OF X l FINAL RF%NSE TYPE l l PARTI AL 7 *4/ ....e INFORMATION ACT (FOIA) REQUEST o^ "

JUN 2 1 1997 l DOCKE i NUMBE R(Si (t/ apphcablef R EQUESTE R I. M. Johnson 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 locatad.

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

Agency records subject to the request that are identified in Append;=(es) are already available for public inspection and copying at the i NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix (es) A are being made avaitable for pu..iic inspection and copying X st the NRC Public Document Room 2120 L Street, N.W., bashington, 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 are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document Room identified in the Cornments section.

Enclosed is informatson on how you may obtain access to and the charges for cooying records located at the NRC Public Document Room,2120 L Street, N.W., Washington. DC.

j( Agency records subject to the request are enclosed.

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

X Fees You will be billed by the NRC for fees totaling $ 36.20 J

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 letter dated , No.

PART 11. A-INFORMATlON WITHHELD FROM PUBLIC DISCLOSURE Certain 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 O. Any released portions of the documents for which only par + 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., Wasnmgwn, DC in a folder under this FOIA number, COMME N TS The records identified on enclosed Appendices A and B are responsive to your request. Copies of Appendix A records and the  ;

releasable portions of Appendin B records are enclosed.

The fees for the processing of your request are noted belows j

Professional Search - 10 mins. O S0.56 per min. = $ 5.60

, Duplication - 153 pgs. 0 $0.20 per pg. = 30.60 Total $36.20 D This completes NRC's action on your request.

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\3 SIGN A t(R , 0f.R E C TO IVislON i

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bi UMdh b{F F REEDOM OF INFORMATION ANO PUBLICATIONS SER

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, 9706250140 970623 * **

FOIA - * * * '

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JOHNSON 97-171 PDR

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INFORMATION ACT (FOIA) REQUEST (CONhNUATION)

FOIA 171 p y3 g l PART 11.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) b 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 CFR 9.17(a) of NRC regulations.

1. The withheld mforma; tion la property classified pursuant to Executive Order,(Exemption 1) r

2. The withheld mformation relares solely to the mternal personnel rules and procedures of NRC. (Exemption 2) l l l3. The withheld information is specifically exempted 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 Restncted Data (42 U.S.C. 21612165).

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

l l4. The wethheld informateon is a trade secret or commercial or financial mformation that is being withheld for the reason (s) indicated. (Exemption 4)

The enformation ia considered to be confidential busmess (propnetary) mformation.

The information as considered to be proprietary mformation pursuant to 10 CFR 2 790(dll1L E

The mformation was submetted and received in confidence pursuant to 10 CFR 2 790td)(2L l

)( 5. The withhei' mformation consists of mteragency or mtraagency records that are not availab

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eovery dunne litigat.on (Exemption 5). Applicable Privilege: l l Deliberative Process: Disclosure cf predecisional information would tend to mhebit the open and frank exchange of ideas essential to the deliberative process X l portions because the release of the facts would permet an mdsrect mouiry into the predecisional process of the agencyWhee records are withheld e Attornes v w~k product privilege iDocuments prepared by an attorney in contemplation of letigation i Attorney. client privilege. (Confidential communications between an attomey and his/her client.)

6. The wethheld information is exempted from public disclosure because its disclosure would result m a clearly unwarranted mvasion Of personal pMvecy (Exemption 6)

7. The withheld mformation consests of records compeled for law enforcement purposes and is bemg withheld for the reason (si mdicated (Exemption 7)

Disclosure could reasonably be expected to mterfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of l

- enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements I from investigators. (Exemption 7 (A))

g Disclosure would constitute an unwarranted invasion of personal privacy. (Examption 7(C))

The information consists of names of mdwiduals and other information the disclusJre of whech could reasonably be enoected to reveal edentit.es of I confidential sources. (Exemption 7 (D))

lIOTHEH i

Il PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25tb) and 'or 9 25(c) of the U.S, Nuclear Regulatory Commission regulations, it has been determmed that the information withheld is exempt from pro.

duction or d4sclosure and that its production or d.sclosure ts contrary to the pubhc mterest. The persons responsible for the denial are those officials identifred below as denying off.cials and the D# rector. Division of Freedom of information and Pubhcat'ons Services. Offree of Admin:stration, for any den als that may be appealed to the Executive Director for Operations IEDOL i

l DENYING OFFICIAL TITLE ' OFFICE RECORDS DENIED APPELLATE OFFICIAL ll Eco secaETAmy so ll A. Bill Beach Regional Administrator, RII I App. B X 1

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l PART 11. D- APPEAL RIGHTS The denial by each denying official identif.ed m Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made in wnting wrthin 30 days of receipt of this response. Appeals must be addrused as appropriate, to tne Executive Director for Operations, to the Secretary of the Commission, of to the inspector General, U.S. Nuclear Re:ulatory Commission, Washington. DC 20Sb5, and should clearfy state on the envelope and in the letter that it is an " Appeal from an initial FOI A Decision."

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

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Re: FOIA-97-171

. APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY 4 -- (If copyrighted identify with *)

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NO. DATE DESCRIPTION /(PAGE COUNT) i

1. Undated LaSalle--Plant Issues Matrix (35 pages)

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2. Undated Zion--Plant Issues Matrix (32 pages)

3. Undated Braidwood--Plant Issues Matrix (10 pages) a i

4. Undated Byron--Plant Isrue.o Matrix (8 pages) t 4

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.I Re: FOIA-97-171 APPENDIX B 3 RECORDS BEING WITHHELD IN PART l

j NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS l

1. 05/20/97 .Dresden--Plant Issues Matrix' (38 pages) Ex.5

2. 05/20/97 Quad Cities--Plant Issues Matrix (30 pages) l Ex.5 1

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