ML20147H823

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Final Response to FOIA Request for Documents.Forwards Documents Listed in App a Already Available in Pdr.App B Records Being Made Available in PDR & App C Records Being Released in Part (Ref FOIA Exemption 6)
ML20147H823
Person / Time
Site: Millstone Dominion icon.png
Issue date: 04/03/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Lifshitz J
AFFILIATION NOT ASSIGNED
Shared Package
ML20147H828 List:
References
FOIA-97-22 NUDOCS 9704090085
Download: ML20147H823 (5)


Text

U.S. NUCLEAR REGULATO7Y COMMISSION NHC FoiA PtoutST NWotH(M y

FOIA 0022 s

..e PESPONSE T YPE htf i RESPONSE TO FREEDOM OF X l FINAL l l PARTIAL W8F/-/

INFORMATION ACT (FOIA) REQUEST o^1' 1

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DOCK E t NUMBt M(S) ((f appucshle/

% OUt Sit H Joshua M. Lifshitz PART I,-AGENCY RECORDS RELE ASED OR NOT LOCATED (See checkect boxes /

No agency records subject to the request have been located.

No additional agency rer.ords subject to the request have been located.

Requested records are avahble through another pubhc distribution program. See Comments section, Agency ret.ords subject to the request that are identified in Append.n f esi A

. are a; ready available for public inspection and copying et the N RC Pubhc Document Room. 2120 L Street, N W., Washington, DC.

Agency records subject to the request that r identified in Api,endixles)

R are being made available for public inspection anrf copying XX at th.s NRC Public Document Room,2120 L street, N.W., Washington, DC, in a folder under this FOlA number.

The nonproprietny 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 for pubhc inspect on ed copying at the N RC Public Document Room,2120 L Street N W., Washington, DC, in a folder under this FOI A number.

A(r ncy records sub ect to the equest that are identified in Appendin(es) may be inspected and copied at the NRC Local Pubhc Document i

Room identified in the Comments section.

Ent.iosed es information on how you may obtain access to and the charges for copying recJrds located at the NRC Public Document Room,2120 L Street, XX N W, Wahington, DC.

Agency records subiect to the request are enclosed.

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7 Records subject to the request have been referred to another Federal agencyhes) for review and direct response to you-are enclosed.

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You will be behed by the NRC for fees totahng $

You will receive a refund from the NRC in the amount of $144 30 g

In view of N RC's response to this request, no further action is being taken on appeal letter dated

, No.

PART 11. A-INFORMATION WITHHELD F ROM PUBLIC DISCLO.SURE Certrin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Pan 11, B, C, and D. Any released portions of the documents for which only part of the recorri is beir$g withheld are being made available for public g

insp;ction and copying in the NRC Pubhc Document Room. 2120 L Street N W, Washington, DC in a folder under this FOI A number.

10MME N TS The NRC staff was unable to locate records subject tc the fifth " bullet" of your request.

The actual fees for processing your request are as follows:

h 5.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> search

$185.19 j

1.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> review 50.51 f/M N; Duplication 16.60_

$252.30 Since you've already submitted payment in the amount of $396.70, you will receive a refund in the amount of $144,40 from the NRC Division of Accounting.

This completes NRC action on your request.

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- RESPONSE TO FREEDOM OF

.s INFORMATION ACT (FOIA) REOUEST F OlA 97-0022 APR 0 1 1997 t

(CONTINUATION) l PART 16.8-APPilCA8LE EXEMPTIONS

. Records subject to the request that are described in the enclosed Appendix (es) C are being withheld in their entirety or in part under the Exemption No.(s) and for the fesson(s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(e) of N RC regulations.

t t. The withheld enformation is properly classified pursuant to Executive Order. (Exemption 1)

2. The w#th5eid information relates sosely to the mternal personnel rules and procedures of NRC. (Exemption 2) l l3. The withheld mformaten es specifacelly esernpted from pubhc disclosure by statute indscated,(Examption 3)

Sections 141445 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U.S.C. 21612165).

Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information 142 U.S.C. 2167).

l l4. The withheld mformation se a trade secret or commercial or financial mformation that is bemy withheld for the seasontal indicated. (Exemption 4) 1 The information is considered to be confidential business (propnetary) mformation The mformation is considered to be proprietary mformation pursuant to 10 CFR 2.790(dHIL 1

The mformation we's submstted and received m conhdence pursuant to 10 CFR 2.790fdH2l l

lb. The wethheld eformation consists of mteragency or mtisagency records that are not avaelatile through descovery during ht'gation (Exemption 5). Appucedle Pnvilegn:

Dobberative Process' Disclosure of predecisional mformation would tend to inhetut the open and frank eschenge of ideas essential to the dehberative process-i' Where records are wethheld m the#r entreaty. the f acts are meutncably intertwined with the predeciseonal mformation There also are no reasonably segregable f actual portions because the release of the f acts would permet an mdirect inquiry ento the predecisional process of tne agency Attoeriev wor 6. product onvdege (Documents prepared by an attorney in contemplet.on of heigation i Attorney client privilege. (Confidential communications between an attorney and his/her chent.)

6 The withheld efor. nation is esempted from pubhc disclosuse because its d+sclosure would result m a cle.rty unwonanted invasion of personal pnvacy (Exemption 6}

7. The withhuld mformation consists of records compded for law enforcement purposes and is being withheld for the reasonist exbcated (Exernption 7) l I

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Disclosure could reasonably be espected to mterfere with an enforcement proceedmg because it could reveal the scope, derection, and focus of I

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enforcement efforts. and thus could poss.bly allow recipients to take action to shield potential wrongriomg or a violation of NRC requirements from mvestigotors. (Exemption 7 ( All Discineure would constitute an unwarrented mvasion of personal pnvecy. (Exemption 7(C))

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The informaison consists of names of endividuais arvi othet infortnation the d sr.lusure of which could reasonably be espected to revealidentities of r

conhdential sources. (Enemption 7 (D))

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l PART ll C-DENYING OFFICIALS Pursiant to 10 CF R 9.25(bl and or 9.25k) of the U.S. Nucleer Regulatory Commiss.on segulations. it has been determined that the mformation withheld is exempt fro n pro.

duction or disclosure, and that rts production or disclosure is contrary to the pubhc mternat. T he persons responsible for the denial are those off.cials identified belovv as denying of ficia4 and the Daoctor. Division of Freedom of Information and Pubhceons Services. Offre of Admmestration, for any denials that may be appesied to the Executive Director for Ooersteens tE DOL l

Of NYING OFflCIAL TITLE EOF FICE RECORDS DENIED APf'ELt. ATE OFFICIAL EDO SECRETARY IG Jamuel 3.lollins Di m tnr. NPR 4 ppg g._v e.

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PART li. D-APPEAL RIGHTS 4

The deniel by each denymg official identified in Port ll.C may be appealed to the Appellate Official identit ed there. Any such appeal must be made in wnting within 30 days of receipt of th5s response. Appeels must be eddressed, as appropnate, to the Emecutive Director for Operations. to the Secretary of the Commission, or to the inspector Generaf, U.S. Nuctest neeutetory Commission, washington, DC 20sss. and shovid cisaily atsie on the envelope no in the ierter that it is an Appeal from en initial FOI A Decis on."

NRC FootM 444 (Part 2) 0 90 U.S. NUCLEAR REGULATORY COMMISSION i

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Re:

FOIA-97-9022 APPENDIX A RECORDS ALREADY AVAILABLE IM THE PDR ACCESSION NO.

  • DATE NUMBER' DESCRIPTION /(PAGE COUNT) i 1.

S/21/91 9605290166 Allegations Root Cause Task' Group Final. Report.

(19 pages) [ Item 1 of request) 2.

10/4/91 9605290178-Procedure Compliance Task Force Final Report.

(51 pages)

[ Item 3 of request) 3.

5/31/96 9608200036 NRC Office of Inspector General Inquiry - NRC Staff 4

Actions to Address Northeast Utilities System 1991 Self-

)

Assessments at Millstone Units 1,

2 and 3, Case 96-02S.

(26 pages)

[This document relates to the first paragraph on page 2 of the request.)

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Re:

FOIA-97-9022 f

APPENDIX B RECORD BEING RELEASED IN ITS ENTIRETY (If copyrighted identify with *)

5 NO.

DATE' DESCRIPTION /(PAGE COUNT)-

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9/19/91 Memo from M.

V.

Bonaca to E.

J.

Mroczka, i

transmitting NE&O Performance Task Group l

Report.

(63 pages)

[ Item 2 of request) s P

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Re:

FOIA-97-0022 1.

APPENDIX C

' DOCUMENT BEING RELEASED IN PART NUMBER.

DATE DESCRIPTION 1.-

10/25/91 Letter from Northeast Nuclear Energy Company to NRC Region I, subject:

Millstone Nuclear Power Station, Unit No. 2 Employee Concerns.

(20 pages) Portions withheld EX. 6

[ Item 4 of request) j 1

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