ML20141J074

Fifth Partial Response to FOIA Request for Documents.App E Records Being Withheld in Part (Ref FOIA Exemption 7)

ML20141J074
Person / Time
Site:	Saint Lucie
Issue date:	05/19/1997
From:	Reed C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Weimer D AFFILIATION NOT ASSIGNED
Shared Package
ML20141J076	List: ML20141J074 ML20141J086
References
FOIA-97-2 NUDOCS 9705270233
Download: ML20141J074 (3)

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U.b. NUCLtAH NtuuLA10HY COMMlbT.,10N NRC FOIA HEQUEST NUM3ER(S)

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97-2 RESPONS,E TYPE j

i RESPONSE TO FREEDOM OF l FINAL f ^l PARTI AL( U LR )

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g;pg INFORMATION ACT (FOIA) REQUEST oATE DOCKE T NUMBE RfS) ft/ apphcablef L.EOUE STE R De' Ann Weimer PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes)

No Egency records subject to the request have been located.

No cdditional agency records subject to the request have been located.

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

Agency records subject to the request that 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 Appendix (es) are being made available for public inspection and copying tt the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available j

for public inspection and copying at the NRC 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 I

Room identified in the Comments section.

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

Agency records subject to the request are enclosed.

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

Fees You wih be billed by the NRC for fees totaling $

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

l In visw 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 C:rtrin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part H, 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 Document Room 2120 L Street, N.W., Washington, DC in a folder under this FOI A number, COMMENTS A c6py of the releasabib portions of the record identified on Appendix E is enclosed.

This record responds to the last item of your F0IA request.

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NRC FORM 464 (Part 1) (191)

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RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOlA 2 b

(CONTINUATION) l PART 11.8-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es)

E 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 CF R 9.17(a) of N RC regulations.

1 ; The withheld mformation is properly classified pursuant to Executive Order. (Exemption 1)

2. The mthheld mformation relates solet" to the mternal personnel rules and procedures of Nr'C- (Exemption 2)

3. The withheld information is specifically exempted 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. 21612165).

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

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

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l The mformation is considered to be confidential business (propnetary) mformation.

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The mformation es considered to De proprietary information pursuant to 10 CFR 2.790tdHIL l

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The mformation was submitted and received m confidence pursuant to 10 CFR 2.790 ldh 2l

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5. The withheld mformation consists of mteragency or miraagency records that are not available through oiscovery durmg istigation (Exemption 5). Applicable Privilege:

Deliberative Process. Disclosure of predecisional mformation would tend to inhibit the open and frank enchange of ideas essential to the deliberative process.

l Where records are wethheld m thest entirety, the f acts are mentricably intertwined with the predec@onalinformation There also are no reasonably segregable f actual l

portions because the release of the facts would permit an indirect enouary into the predeciseonal process of the agency Attomey work product privelege (Documents prepared by an atturnew m contemplation -f litigation a Attorney client privilege. (Confidential communications between an attorney and h!s/her chent.)

6. The withheld mformation as esempted from pub lec disclosure t)ecause $ts desclosure would 'esult m a clearly unwarranted invasion of personal privacy (Exemption 6)

7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated (Exernption 7)

Disclosure could reasonably be expected te 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 wrongdomg or a violation of NRC requirements from investigators. (E xemption 7 ( A))

Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(C)n

_y The mformation consists of names of mdividuals and other information the disclosure of which could reasor. ably be exoeCled to reveal identitres of confidential sources. (Exemption 7 (D))

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PART 11. C-DENYING OFFICIALS I duction or disclosure, and that its production or d sclosure is con Pursuant to 10 CF R 9.25tb) and 'or 9.25(c) of the U.S. Nuclear Regulatory Comm>ssion regulations, et has been determmed that the information withheld is esempt from pro-of fecials and the Director, Dmsson of Freedom of information and Pubhcations Services. Of fice of Admmistration, for any denials that may be appealed to the Executive Director for Operat.ons (EDOL l

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL EM SE@E N C

I Regional Administrator i

Luis A. Reyes-RTi Appendix F X

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PART 11. D-APPEAL RIGHTS The daniel by each denying official identified in Part II.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writing withm 30 days of receipt l

of 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 l

Rigulatory 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."

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NRC FORM 464 (Part 2) (1-911 U.S. NUCLEAR REGULATORY COMMISSION i

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APPENDIX E f

i RECORD BEING WITHHELD IN PART NO.

DATE DESCRIPTION / (PAGE COUNT) / EXEMPTION 1.

1/17/97 Allegation Management ~Syst_em (57 pages) EX. 7C F

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F0WPAREQUEST Jan. 3, 1997

-q ') - 0 0 O S Russell Powell CESO NO:

FOIA Officar We REM

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g Nuclear xegulatory Connission Action 02 h4#

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OFFICE OF THE General Counsel Rdatedp,..,

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Washington, D.C. 20555

Dear Mr. Powell:

Under'5 U.S.C.,

Section 552 of the Freedom of Infonnation Act, I am requesting the following department documentation for the period starting on April 21, 1996 and ending on Dec. 21, 1996 for these Nuclear Regulatory Consnission members or engloyees:

NRC Chainnan Shirley Ann Jackson NRC Regional Director Stewart Ebneter in Atlanta NRC branch chief for reactor projects Kerry Landis in Atlanta NRC Deputy Regional Administrator Luis Reyes NRC Branch Chief for Radiation Safety Kenneth P. Barr j

NRC Director of Reactor Safety Al Gibson in Atlanta

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NRC Director of Reactor Projects Ellis Merschoff in Atlanta NRC St. Lucie resident inspector Mark Miller j

- NRC Acting Branch Chief St. Lucie-and Turkey Point Caudie Julian

• copies of all records related to travels to, from, or within the state of Florida. This request covers, but is not limited to, any and all requests for travels and all receipts for airlines, hotels, meals and miscellaneous expenses incurred in the j-performance of their official duties for thic period.

• copies of each page from their official calendar and/or

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appointment books kept in their official capacities either by them personally or an ernployee for the aforementioned period.

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• copies of phone logs and/or phone billings from each individual's direct phone line and that of their administrative i

assistants and/or secretary receptionist for the same period.

copies of e-mail from each individual or their assistant where the subject matter involves Florida Power & Light, one of its plants (Turkey Point and St. Lucie are the nuclear facilities),

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or PPL etnployees for this period.

• copies of correspondence or documents relied on in preparation 1

of the'most recent Annual Report of NRC's Allegation Advisor in i

which the St. Lucie Nuclear Power Plant and Florida Power & Light

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are discussed.

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Since I'm an enployee of a daily newspaper of general circulation, I respectfully request that any and all reasonable 470502aC E

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processing, copying and research costs related to this request be waived.

i Also, I am requesting a reply in writing within 10 workdays or j

receipt. Such reply can be sent to the letterhead address or faxed to (561) 820-4578. I would appreciate. inclusion of an estimated tdans to respond to my request, noting I've tried to keep the scope.= narrow as possible.

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Your prompt attention to this matter is appreciated.

Sincerely, 4 [W YSA%2AJ De' Ann Weimer Business reporter l

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