ML20141J209
| ML20141J209 | |
| Person / Time | |
|---|---|
| Issue date: | 05/19/1997 |
| From: | Reed C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Williams O JRA ASSOCIATES |
| Shared Package | |
| ML20141J213 | List: |
| References | |
| FOIA-97-99 NUDOCS 9705280001 | |
| Download: ML20141J209 (4) | |
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UA NUCLLAR REIULATORY COMMISSloN NHC FOIA HEOUEST NUMBE HIS)
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g 97-99 RESPONSE TYPE S*
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RESPONSE TO FREEDOM OF X XI FIN AL l l PARTIAL 3rd
/ INFORMATION ACT (FOIA) REQUEST NE g],g DOCS E T NUMBE H(S) ut amhcar>/e/
RE QUESTE R Ophelia G. Williams PART l.-AGENCY RECORDS RELE ASED OR NOT LOCATED (See checked bones / l No agency records suuject to the request have been located.
No additional agency records subject to the request have been located.
Requested records are available through another pubhc 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 l NRC Public Document Room,2120 L Street, N.W . Washington. DC.
XX Agency records subject to the request that are identified in Appendix (es) F are being made availab:e for public inspt tion and copying et the NRC Puolic Document Room,2120 L Street, N.W., Washington, DC,in a foider under this FolA number, 1 The nonproprietary version of the proposalls) that you agreed to accept in a telephone conversation with a member of my staff is now being made airailable for public inspection and copying at the NRC Pubhc Document Roor.-,2120 L Street, N.W., Washington, DC, in a folder under this FotA number. {
Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Pubhc Document Roons identified in the Comments section.
Enclosed is information on how you may obtr,n access to and the charge for copying records located at the NRC Putilic Document Hoom,2 t 20 L Street, N.W., Washington, DC.
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yy Agency records subject to the request are en ,ioserf.
Appendix F document is enclosed.
Records subject to the request have been referred to another Federal agencybes) for review and direct response to you XX Fees You will be billed by the NRC for fees totahng S I
y You will receive a refund from the NRC in the amount of S 330.02 In view of NRC's response to this request, no further action is being taken on appeal letter dated ,No l PART 11. A-INFORMATION 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 yy 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 inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOl A number,
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COMMENTS The actual fees for processing your request are as follows:
Search: $552.72 Review: 277.76 j duplication: 66.20 l
$896.68 Since you have already submitted advanced fees in the amount of $1226.70, you will receive a refund in the amount of $330.02.
l This completes NRC action on your request.
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FOIA NUMBERis) DATE RESPONSE TO FREEDOM OF
. INFORMATION ACT (FOIA) REQUEST FOlA 97_g9 gy ) n g' (CONTINUATION)
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PART 11.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) O are being withheld in their entirety or in part under the Exernption 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 as properly classified pursuant to Executive Order. (Exemption 1)
- 2. The wahheld eformation relates solely to the mternal personnel rules and procedures of NRC (Enemption 2) l l3. The wethheld mformation es specifically esempted from public disclosure by statute indicated. (Exemption 3)
Sections t 41145 of the Atorme Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S C. 2161-2165L Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167L l l4. The withheld mformaten is a trade secret or commercial or financial mformation that is being withheld for the reason (s) indicated. (Exemption 4)
The information is considered to be confidential business (proprietaryl enformation.
The mformation is considered to be proprietary information pursuant to 10 CFR 2 790 ldh 13 The information was submitted and received in confidence pursuant to 10 CFR 2 790 ldh 2)
XXIb. The wethheld information consists of mteragency or mtraagency records that are not avadable through descovery during litigation (Exemption 5). Appbcable Privilege:
Deliberative Process Disclosure of predecisional mformaten would tend to inhibit the open and frank eschange of ideas essential to the deliberateve process Where records are withheld in their entifety, the facts are inextricably intertwined with the predeCisena! mformauon There also are no reasonably segregable f actual XX portions because the release of the f acts would permit an indirect mouiry into the predecisional process of the agenc, t Attorney work product privdege iDocuments prepased by an attornev in contempla!xm of litegation i XX Attorney client povilege. (Confidential communications between an attorney and his/her client.)
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- 6. The withheld mformation is eternpte. from pubhc disclosure because its disclosure would result m a clearly unwarranted mvasion of personal privacy (Exemption 6)
- 7. The withheld mformation consists of records compiled for law enforcement purposes and is be,ng withheld for the reasonis) indicated (Emernption 7)
Disclosure could reasonably be expected to mterfere with an enforcement proceedmg because it could reveal the scope, direction. and focus of enforcement efforts. and thus could possibly allow recipients to take acten to shield potential wrorv;doing or a violation of NRC requirements from investigators. (E nemption 7 ( A))
i Disclosure would constrtute an unwarranted envasion of personal pnvecy. (Exemption 7(C))
Y The information consists of names of ineviduals and othes information the disciosure of v6hich could reasonably be expected to revealidentities of c.onfedential sources. (Exemption 7 (D))
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l l i l PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR g25(b) and'or 9 284c) of the U S. Nuclear Regula'ory Comm ssion regulations, it has been determined that the information withheld is exempt from pro- 1 I
duction or disclosure. and that its production or disclosure is contrer , to the public mterest The persons respons.ble for the denial are those officia!$ identified below as denymg officials and the Director. D vision of Freedom of information ano Fut,hea-ens Services. Office of Adm n.stration. for any denials that may be appealed to the Emecutive Director for Operatens (EDOL DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE OFFICIAL l 10 l
EDO SECRETARY I Samuel J. Collins Director, NRR X j i
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PART 11. D- APPEAL RIGHTS f l
The danial by each denvirvJ official identified in Part ll.C may be *ppealed to the Appettate Official identified there. Any such appeal must be made in writing within 30 days of receipt of this response. Appeals must be ade.ressed, as appropriate, to the E xecutive Director for Operatens, to the Secretary of the Commission, or to the inspector General, U.S. Nuctear Regulatory Commission. Washmoton, DC 20555, and should clearly state on the envelope and m the letter that it is an ** Appeal from an initial FOI A Decision /'
NRC FORM 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION I
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Re: FOIA-97-99 i
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APPENDIX F DOCUMENT BEING RELEASED IN ITS ENTIRETY MUMBER DATE DESCRIPTION
- 1. 10/29/96 E-mail from Jacob Zimmerman, subject: 70.24 Criticality Monitor Survey. (10 pages) t f
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Re: FOIA-97-99 APPENDIX G DOCUMENT BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION
- 1. 6/12/96 Memo from Lawrence J. Chandler to Roy P.
Zimmerman, subject: Status of 10 CFR Part 70 Exemptions After A Change in License. (2 pages) EX. 5
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Related Case:
J/R/A ASSOCIATES Regulatory Information & Support Systems P.O. Box 4604 l Capitol Heights, MD 20791-4604 (
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(301) 249- % 72 February 28,1997 OGW-97-060 Mr. Russell A. Powell, Chief Freedom of Information/ Local Public Document Room Branch l M/S T6D8 U.S. NUCLEAR REGULATORY COMMISSION Washington, DC 20555
SUBJECT:
FREEDOM OF INFORMATION ACT REQUEST
Dear Mr. Powell:
Pursuant to the Freedom of Information Act ,5 USC Paragraph 552, and to the Nuclear Regulatory Commission's (NRC) regulations, please provide all documentation RELATED TO the following:
- 1. Letter from Robed A. Hermann, NRC Acting Assistant Director for Projects, TVA Projects Division, Office of Special Projects, dated May 11,1988 to Mr. S.A. White, Manager of Nuclear Power, Tennessee Valley Authority, Chattanooga, TN;
Subject:
Criticality Monitoring (TAC 00214/00215/00216), including any subsequent NRC !
reassessments of the position (s) provided in this letter. l
- 2. Letter from P.M. Beard, Jr., Senior Vice President, Nuclear Operations, Florida Power Corporation, Crystal River Unit 3, dated May 3,1996 to the U.S. NRC, Attn:
Document Control Desk, Washington, D.C., including any NRC documents surveying, assessing, or evaluating the information contained in this letter to the NRC, and the NRC response to this letter.
- 3. Letter to Mr. Charles H. Cruse, Vice President - Nuclear Energy, Baltimore Gas and Electric Company, Calvert Cliffs Nuclear Power Plant, Lusby, MD,
Subject:
NRC Region I Integrated Inspection Report Nos. 50-317/96-08 and 50-316/96-08 and Notice of Violation, dated December 20,1996 from Lawrence T. Doerflein, Chief Projects Branch 1, Division of Reactor Projects, NRC, including any NRC documents '
surveying, assessing, or evaluating the Notice of Violation regarding Pad 70.24(a) of
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Mr. Powell Page 2 Title 10 of the Code of Federal Regulations contained within this letter."
- 4. NRC directive (s) on inspecting and/or assessing compliance with 10CFR 70.24 by holders of operating licenses for nuclear power reactors, including any NRC ,
documents providing dimetions or instructions for surveying, assessing, or i
evaluating licensee compliance with 10CFR 70.24.
- 5. NRC Technical Assignment Control forms concerning compliance with 10CFR 70.24.
- 6. NRC Task Interface Agreement (s) memoranda concerning compliance with 10CFR 70.24, including any NRC documents reviewed or prepared in providing the requested information.
- 7. Letter to Mr. M.S. Tuckman, Senior Vice President, Nuclear Generation, Duke )
Power Company, Charlotte, NC, dated February 13,1997 from Peter S. Tam, Senior Project Manager, Project Directorate II-2, Division of Reactor Projects-I/II, Office of Nuclear Reactor Regulation,
Subject:
Catawba, McGuire, and Oconee Nuclear Stations - Request for Exemption from the Requirements of10CFR 70.24 (TAC Nos. i i
- M98761, M97682, M%783, M%784, M%785, M%786, and M%787), and Duke Power letter dated February 4,1997 requesting these exemptions. f l
- 8. NRC Inspection Report No. 96-03 for the Joseph M. Farley Plant containing Notice of Violation of Part 70.24(a), and any NRC documents surveying, assessing, or evaluating the licensees compliance with 10CFR 70.24, including Task Interface Agreement (s) memoranda or Technical Assignment Control forms.
- 9. Joseph M. Farley Plant response to the Notice of Violation to Part 70.24(a) contained in NRC Inspection Report 96-03, dated June 13,1996, including any NRC documents surveying, assessing, or evaluating the licensee's position.
- 10. Letter to Mr. D.M. Morey, Vice President - Farley Project, Southern Nuclear Operating Company, Birmingham, AL, dated July 31,1996, from Byron L Siegel,
' Senior Project Manager, Project Directorate II-2, Division of Reactor Projects I/II, NRC Office of Nuclear Reactor Regulation,
Subject:
Request for Exemption from 10CFR 70.24 Criticality Monitoring Requirements - Joseph N. Farley Nuclear Plant, Units 1 and 2 (TAC Nos. M954% and M95497), and the Southern Nuclear Operating Company letter, dated May 31,1996 mquesting this exemption.
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Mr. Powell ;
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l 11. Letter to Mr. J.T. Beckham, Jr., Vice President - Hatch Project, Georgia Power i
Company, Birmingham, AL, dated July 31,1996 from Kahtan N. Jabbour, Senior i Project Manager, Project Directorate II-2, Division of Reactor Projects I/II, NRC )
l Office of Nuclear Reactor Regulation,
Subject:
Request for Exemption from 10CFR l
l 70.24 Criticality Monitoring Requirements - Edwin I. Hatch Nuclear Plant, Units 1 and 2 (TAC Nos. M95723 and M95726), and the Georgia Power Company letter, dated June 4,1996 requesting this exemption.
! 12. Letter to U.S. Nuclear Regulatory Commission, Document Control Desk, Washington, D.C., dated January 30,1997 from John K. Wood, Vice President -
Nuclear, Davis - Besse,
Subject:
Request for Exemption from 10CFR 70.24(a),
" Criticality Accident Requirements," and the NRC response to this letter.
- 13. Letter to U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C., dated September 19,1995 from Robert C. Hagan, Vice President -
Engineering, Wolf Creek Nuclear Operating Corporation,
Subject:
Docket No. 50-482: Revision to Request for Exemption frma 10CFR 70.24 Criticality Monitoring Requirements, and the NRC response to this letter.
14.NRC surveys, assessments, or evaluations of the reason why "... with the issuance of the Part 50 license this exemption ... was inadvertently omitted in that licene"
[see NRC letter, dated July 9,1996 to the Hatch Plant providing the Environmental Assessment of Request for Exemption from 10CFR 70.24 Criticality Monitoring i I
Requirements], when the exemptions to 10CFR 70.24 were approved by the NRC for the plants' design in the Construction Permit-stage Special Nuclear Material Licenses (SNM) for the Farley Plant (SNM-1647 and 1868), Hatch Plant (SNM-1378 and 1772), Davis-Besse Plant (SNM-1601), Calvert Cliffs Plant (SNM-1364 and 1624),
Wolf Cmek Plant (SNM-1929), Crystal River Plant (SNM-1275), and other plants.
I I would appreciate your prompt response within ten working days of the receipt of this request, as provided by the Code and NRC's policies. I agme to pay such fees as required under 10CFR Paragraph 9.33 et sea, without further authorization, however, please call if the fees exceed $100.00.
j Please callif you have questions. Thank you for your services.
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l phelia . Wi hams
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