ML20148E881

Fortieth Partial Response to FOIA Request for Documents. Forwards Documents Listed in App Zzz.Documents Will Be Withheld in Part (Ref FOIA Exemption 6)

ML20148E881
Person / Time
Site:	Saint Lucie
Issue date:	05/21/1997
From:	Reed C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Binder N DEBEVOISE & PLIMPTON
Shared Package
ML20148E886	List: ML20148E881 ML20148E888
References
FOIA-96-485 NUDOCS 9706030296
Download: ML20148E881 (3)

Text

U,b, NUGLtAH MctaVLAlOH r GUMMibblON NRC F OIA REQUEST NUh4BERtS)

FOIA 485

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V RESPONSE TO FREEDOM OF l FINAL lX l PARTIAL (40th}

g INFORMATION ACT (FOIA) REQUEST oa't gy 7 j 3937 eeeee DOCKE T NUMBE RIS) (if app /< cable /

cEOVEST E R Neil S. Binder PART 1.- AGENCY RECO'lDS RELEASED OR NOT LOCATED (See checAed toes)

No apncy records subject to the request '..: been located.

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

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

Agency records subject to the request that are identified in Append;x(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) ve being made available for public inspetion and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this F91A number, The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation wGb 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 F OI 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 Comments section, Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,21201. Street, N.W., Washing;on, 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 will be billed by the NRC for fees totaling $

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

in view 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 Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in P;rt II, 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

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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 Copy of the releasable portions of the record identified on Appendix ZZZ is enclosed.

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FotA NUMB Etasi DATE RESPONSE TO FREEDOM OF y

INFORMATION ACT (FOIA) REQUEST FOIA 485 My p gg7 (CONTINUATION) i l PART ll B-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) 777 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 NRC regulations.

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

2. The withheld mformation relates solely to the enternal personnel rules and procedures of NRC. (Exemption 2) l l3. The withheld information is specifically esempted from public disclosure by statute mdicated. (Exemption 3)

Secuons 141145 of the Atomic Energy Act, which prohibits the disclosure of Restocted Data or Formerly Restncted Data (42 U.S.C. 21612165).

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

a. The withheld information is a trade secret or commercial or finanual information that is being withheld fr* the reasonis) indicated. (Exemption 4)

The information es considered to be confidential business (propnetary) information The information is considered to be propnetary mformation pursuant to 10 CFR 2.790tdH1)

The mformation was submitted and received in confidence pursuant to 10 CFR 2.790tdH21

5. The withheld enformation consists of inteisgency or intraegency records that are not availab a through discovery during htigation (Exemption 5). Apphcable Privilege; Dehborative Process. Disclosure of predecisional information would tend to inhibit the open and frank enchange of.deas essential to the debberative process Where records are withheld en their entirety, the f acts are sneatncabi, intertwined with the predeCisional mf ormation There also are no reasonably segregable f actual portions because tne release of the f acts would permit en indirect mquiry into the predecisional process of the_ajency Attornear work. product privdege (Documents prepared by an attorney in contemplatmn of htigation i Attorney. client privilege. (Confidential communications between an attorney and his/her chant.)

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6. The wrthheld information is esempted from public disclosure because its disciosure would ecs t in a vearly unwarranted invasion of personal pnvecy (Ememption 6)

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

I Disclosure could reasonobey be expected to interfere with an enforcement proceeding becauss 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 si (JRC requirernents from investigators. (E memption 7 ( AH Disclosure would constitute an unwerranted invasion of personal privacy. (Exemption 7(C))

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The mformation consists of names of mdividuals and other informat.on the disclosure of which could reasonabtv be emoected to reveal edentat'es v confident al sources. (Exemption 7 (D))

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PART 11. C-DENYING OFFICtALS Pursusnt to 10 CFR 9.25(b) andeor 9 25tc) of the U S. Nuclear Regwatory Commasion regulations, it has been determined that the mformation withheid is exempt from pro.-

duction or disclosure, and that its production or disclosure is contrary to the pubbe mterest. The persons responsible for the denial are those officiais identified below as denying t officials tnd the Director, Division of Freedom of information end Pubhcations Services. Of face of Administration, for any demals that may be appealed to the E mecutive Director l for Opeittions (EDOL l

DENYING OFFICIAL TITLE /0FFICE RECORDS DENIED APPELLATE OFFICIAL l Luis A. Re_ves Regional Administrator l

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

of thb response. Appests must be addressed, as appropriate, to the E xecutive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear

.egutatory Commission. Washington, DC 20bb5. and should clearly state on the envelope and in the letter that it is an " Appeal from sn initial FOI A Decision "

NRC FORM 464 (Part 2) (1-91)

U.S. NUCLEAR REGULATORY COMMISSION

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FOIA-96-485

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RECORD BEING WITHHELD IN PART i

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DECEVol2E & PUMPTON 875 THIRD AVENU[

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21 AVENUE GEORGE V 1 CREED COURT,6 WTE m NEW YORK, NY 10022 E a"o'a sS>Sooo m '3S"$ 7s 1212 TEupwoNE M3 m o77e TEECOPER (202 3818118 TtHCOPER G3-1) 47 20 50 BS TIMCOPER (44171) 329 0860 (212) N ROAo coYnT loss SuneEsr ao TELECoPIER: (212) 909-6836 TruPHoN (852 2810 7918 (36- )

0845 TRECOPER (852 28109826 TIMCOPCM v 132 7995 November 14, 1996 FO!A/PAREQUST Russell Powell Case No:

Wo-486 Chief of the FOIA/LPDR Nuclear Regulatory Conmission Dak Rec'd

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Washington, D.C. 20555-0001

Dear Mr. Powell:

This is a request under the Freedom of Information 5 U.S.C. S 552.

I request that a copy of all records j

Act, and other documents that fit the following description be sent to me:

1) All records or other documents from January 1, 1993 to the present that are not currently in the public documents room,and that relate to Florida Lucie Nuclear Power Plant

' Power and Light's St.

(Unit 1 and/or Unit 2).

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 purpose of assessing any fees, you.should be advised that I represent a company, and I am seeking infonnation for use 1

related to the company's business.

Please advise me of any fees associated with processing this request.

i Sincerely, yy Neil S. Binder

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