ML20148P662

Forty-third Final Response to FOIA Request for Documents. Records in App Ddd Withheld in Part (Ref FOIA Exemptions 3)

ML20148P662
Person / Time
Issue date:	06/27/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Binder N DEBEVOISE & PLIMPTON
References
FOIA-96-485 NUDOCS 9707030006
Download: ML20148P662 (4)

Text

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j D RESPONSE TO FREEDOM OF XXl NA' 4m RESPONSE TYPE I I PA"^'

3Q(D INFORMATION ACT (FOIA) HEQUEST o^'E M 2 ,i 1997 e ee.e/

DOCKET NUMBE R(Si(/f apphcable) mEQUEST E R Neil S. Binder PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes)

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

Requested records are available through anothe. 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 Doc.ument 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 ct th] 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 for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this Fol 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 ts information on how yot. may obtain access ta and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request are enclosed.

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

DOL and FEMA X Fees

, You will be billed by the NRC for fees totaling $

1 X You will receive a refund from the N RC in the amount of $ 28 48 in view of N RC's response to this request, no further action is being taken on appeal letter dated , N o.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE C rtiin 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 11,8, C, and D. Any released portions of the documents for whkn only part of the record is being withheld are being made available for public X, insp;ction and copying in the NRC Pubhc Document Room,2120 L Street, NV!., Washington, DC in a folder under this FOIA number.

COMMENTS Copies of the releasable portions of the record.; identified on Appendix DDDD are enclosqd.

l This confirms Ms. Mary Jean P6cD;' telephone conversations with Ms. Consentino of your fa4 l

firm on January 13, February 6, February 12 and March 20, 1997, in which Ms. Consentino eliminated from the scope of this request the following types of records:

1. Condition Reports

2. Star Reports ],

3. Plant Procedures .

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4. Plant Diagrams

5. FP&L computerized security logs

6. Physical security plans and revisions

7. Plant physical security (safegaurds) documents originated by FP&L . ,.

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BINDER 96-485 PDR W FfGA A A A f p.e. H #1.01)

b RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUFST FOIA 485 gy7g (CONTINUATION)

I 1 PART 11.B- APPLICABLE EXEMPTIONS R: cords subject to the request that are described in the enclosed Appendix (es) 0000 are being withheld in their entirety or in part under the Extrnption No.(s) and for the reason (s) given below pursuadt to 5 U.S.C. 552(b) and 10 CFR 9.17(a) of NRC regt ations.

1. The withheld information is properly classified pursuant to Executive Order,(Exemption 1)

2. The withheld information relates so'tly to the internal personnel rules and procedures of NRC. (Exemption 2) h l3. The wrthheld mformation is specifically exempted from pubhc disclosure by statute indicated,(Exemption 3)

Sections 141 145 of 'he Atomic Fangy 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 (42 U.S.C. 2167).

4. The withheld information is a trade secret or commercial or financial mformation that is being withheld for the reasonh) indicated. (Exemption 4)

The information is considered to be confidential business (proprietary) mformation The mformation is considered to be propnetary mformation pursuant to 10 CFR 2.790tdH11.

The information was submitted and received in confidence pursuant to 10 CFR 2 790 ldh 2) 1 The withheld mforn'ation :onsists of mteragency or intraagency record. .iat are n.t available through disa.overy during litigation (Exemption 5). Applicable Privilege: I Dehberativs Process: Disclosure of predecisional mformation would tend to inhibit the open and frank enchange of ideas essential to tne deliberative process I Where r(cords are withheld m their entirety, the f acts are mentricably intertwined with the preoecisional mtormation There also are no reasonably segregable f actual portions because the relwe of the f acts would permit an mdirect inquiry into the preJerisional process of the agency Attorne'r work product privilde. tDocuments prepared by an attornev m contemplation of htigatio,. j Attorney-cleont privilege, (ConfidentEl commumcations between an attorney and his/her chent.)  !

l 6. The withheld information is exempted from p 5hc c..sclosure t'ecause its disclosure would result m a clearly unwarranted (Enemptionmvasion

6) of person

7. The withheld mformation consists of records compiled for law enforcement purposes and is bemg withheld for the reasonisi ndicated (Exemption 7)

Disclosure could reasonably be expected to interfere with an enforcement proceeding because at could raveal the scope, direction and focus o' I enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirernents i

from investigators. (Enemotion 7 (A)) i I

Disclosure would constitute an unwarranted invasion of personal pnvecy. (Exemption NC))

The informatiorg consists of names of mdividuais and other information tne disclosure o' which could reasonably be exoeCied to reveal adentittes o' l confidential sources. (Enemption 7 (D)) l l

OTHER '

l PART 11. C-DENYING OFFICIALS _ -

Pursuant to 10 CF R 9.25(b) and or 9 25tcl of the U.S Nacieb U*Ay Commission ego.at.ons. 't has been d etermmed that the mformation withheld n aihpt from prc y _*

• duction or disciosure, and that its production or d'sclosure is contrary to the pubhc interest. The persons responsib e for the deniai are Inose off tcia3 edentif red below al cenymg officiais and the Director, Divis on of Freedom of Informat.on and Pubhcat.ons Services. Office of Adm'n:stration, for any den.Js that may be appealed to the Executive Directo-for Operations (EDOL DENYING OFFICIAL TITLE / OFFICE I RECORDS DENIED l APPELLATE OFFICIAL ,

Luis A. Reyes Regional Administrator  !.  !

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! l t l PART 11. D- APPEAL RIGHTS The dinisl by each denying official identified in Part ll.C may be appested to the Appellate Official identified there, Any such appeal must be made m wnting withm 30 osys of receipt of this response. Appeals must be addressed, as appropriate, to the E mecutive Dweetor for Operations to the Secretary of the Commission, or to the inspector General, U.S. Nucier Regulatory Commission, Wsshington, DC 2GoSS, and should clearly state on the envoicpe and m the letter that it is an " Appeal from an initial FOI A Decision." ,

1 NRC FORM 464 (Part 2) (131) U.S. NUCLEAR REGULATORY COMMISSION

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I FOIA-96-485 2

The actual fees for processing your request are:

101.47 hrs. professional search @ $33.30 per hr. = $3,389.62 7.55 hrs. clerical search @ $15.79 per hr. =$ 124.83 268.12 hrs. professional review @ $33.30 per hr. = $8,931.12 Duplication of 26,414 pages @ $0.20 per page = $5,282.80 i

l TOTAL = $17,728. 3 7  !

(LESS ADVANCE PAYMENT OF $17,756.85 =$ 78.48 You will receive a refund f rom the NPC's Division of Accounting and )

Finance in the amount of $28.48.  ;

This completes action on your request.

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l L FOIA-96-485 '

i APPENDIX DDDD RECORDS BEING WITHHELD IN PART E DATE DESCRIPTION /(PAGE-COUNT)/EA GPTIONS ,

1. 10/25/94 Letter to Florida Power and Light Company from. ,

l Douglas Collins,

Subject:

NRC Inspection Report 1 l Nos. 50-335/94-21 and 50-389/94-21 (9 pages) -

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EX. 3

< 2. 03/11/94 Letter to Florida Pov.er and Light Company from

!. Douglas Collins, Stu?j ect : NRC Inspection Report Nos. 50-335/94-02 and 50-389/94-02 (16 pages)

EX. 3

3. ~04/20/95 Letter to Florida Power and Light Company from Douglas Collins,

Subject:

NRC Inspection Report Nos. 50-335/95-08 and 50-389/95-08 (9 pages)

EX. 3 l

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DEBEVOICE & PUMPTON

& CREED .6 875 THIRD AVENUEb ,5g5SgTg 21 Ag GgORGE V TEFWLL NEW YORK, NY 10022 -co2> ss3 aooo TaEPHoNE G3 0 40 731212 TREPHONE M1703290779 l TELEConER c33.u 47 20 so 82 (21a 909f>000 mmoomER c202> ss3.atta TELECORER (44-17D 329 0860 I

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l TELEPHONE 252 2810 7918 NvY2 TELEPHONE C96-0131084S i TELECoPIER: (212) 909-6836 ,

TELECOPIER D6-u 132 7995 TELECONER (e52 28109828 l November 14, 1996 Russell Powell FO!A/PA 6 Case No: 9/, 485 Chief of the FOIA/LPDR Nuclear Regulatory Commission Date Rec'(i ' //-/f- 9 4 Mail Stop T6D8 gg gg __

Washington, D.C. 20555-0001

Dear Mr. Powell:

T'cls is a request under the Freedom of Information Act, 5 U.S.C. S 552. I request that a copy of all records 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 Power and Light's St. Lucie Nuclear Power Plant (Unit 1 and/or Unit 2).

2) The number of inspection hours (by quarter) devoted by thL NRC to all lir'ansed nuclear plants in' region 2 since January 1, 1993.

In order to. help determine my status for the ,

purpose of assessing any.feesi you.should be advised that I represent a company, and I am seeking information for use related to the company's business.

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

Sincerely, yy- _

Neil S. Binder 20280632.01 9temcey /p