ML20149E528

Final Response to FOIA Request for Documents.Forwards Documents Listed in App a Being Withheld in Part (Ref Exemptions 5 & 7C)

ML20149E528
Person / Time
Site:	Turkey Point
Issue date:	07/11/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Ross M FLORIDA POWER & LIGHT CO.
Shared Package
ML20149E532	List: IA-97-169, Transcript of Interview of MR Ross in West Palm Beach,Fl Re OI Rept 2-96-027 ML20149E528 ML20149E598 ML20149E900
References
FOIA-97-169, REF-10CFR9.7 NUDOCS 9707180217
Download: ML20149E528 (3)

Text

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FOIA 97-169 ggh, f;ESPONSE TYPE f) /

) .i /[4M RESPONSE TO FREEDOM OF lNFORMATION ACT (FOIA) REQUEST X

oATE I FINAL e g 1 1 1997 l l PARTIAL

.(eeese DOCKET NUM8ER(S) fif appheable)

REQUESTE R Mitchell Ross PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED fSee checkedboxes/

N3 agency records subject to the request have 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 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 et 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 NHO 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 idsntif hd 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,2120 L Street, Nr!., 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.

X Fees

)( You will be billed by the NRC for fees totaling $ 116 Qd You will receive a refund from the NRC in the amount of $

In vi"tw of N RC's response to this request, no further actici is being taken on appeal letter dated , No. I PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE C;rtlin Ir. formation it' the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated ,

in rart il, 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 )

y inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOl A number. l COMMENTS Copies of the releasable portions of the records identified on Appendix A are enclosed.

1 The fees for processing your request are: g l Q i 2.5 hrs. professional review 0 $33.67 per hr. = $84.14 1 *] ( i Duplication of 164 pages @ $0.20 per page = $32.80 l

1 TOTAL = $116.94 i

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NstC PORM 464 (Pert ti it.91l l

FotA kiUMeERis) DATE 6o RESPONSE TO FREEDOM OF

- INFORMATION ACT (FOIA) REQUEST FOIA 169 rg j 1 @ *

) (CONTINUATION)

PART N.8- APPLICA8L., EXEMPTIONS

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Records subject to the request that are described in the enclosed Appendix (es) 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. SS2(b) and 10 CF R 917(a) of N RC regulations.

1, The withheki information 6e property classified pursuant to Executive Order. (Exemption 1)

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

Sections 141 146 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 discloture of Unclassefied Safeguards informat on (42 U.S.C. 2167).

4. The withheld mformation is a trade secret or commer or fmancial information that is bemg withheld for the reason (s) indicated. (Exempt 6on 4)

The informatson is considered to be confidential busmess (propnetary) mformation.

The mformation is considered to be propnetary mformation pursuant to 10 CFR 2.790(dH1L The mformaten was submitted and received in conf dance pursuant to (O CFR 2.790(dH2)

)( 8. The withheld mformation consists of eteragency or mtraagency records that are not available through discoveey dunng istigation (Exemption 5). Appbcable Privilege:

One,beratrve Process Disc 6osure of predecisional oformation would tend to Inh < bet the open and frank enchange of adcas essential to the tebberative process.

Where records are withheld in their entirety, the f acts are mestncably etertwmed with the predecss onal mformation There also are no reasonably segregable f actual portions because the release of the facts would permet an oderect mouiry mto the predecisional process of the agency.

Attorney work product pnvilege (Occurnents prepared by an attorney in contempiaison of htigation i X Attorney client privilege. (Confidential communications between an attorney ant' Ns/her client.) )

' i l6. The withhows mformation is esempted from pubhc disclosure because its disciosv e would result m a clearly unwarranted mvasion of personal pnvecy. (Exemption 6) j

' i y 7 The wnhheld mformat on consists of records compiled for law enforcemem purposes and is being withheld for the reason (s) mdicated. (Exempt Disclosure could reasonably be expected to 6nterfere 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 wrongrioeng or a violation of NRC requirements from investigators. (E xemption 7 ( AD ,

1 X

Desclosure would constitute an unwarranted mvasson of personal privacy. (Exemption 7(CD l The mformation consists of names of indiveuals and other miormation the d.sclosure of which could reasonably be exoected to revealidentities of conf 4ential sources. (Exemption 7 (D))

Ot H t.R

( PART N. C-DENYlNG OFFICIALS ,

Pursuaat to 10 CF R 9 25(b) and 'or 9 251cl of the U.S. Nuclear Regulatory Comm.ss.un regulations, it has been determined that the information withheld is exempt from pro- j ducteun or d sclosure. and that its producton or desciosure is contrary to the pubbc inteetst. The persons responsible for the denial are those officiais atentified below as denying ,

of f,ciais and the 0 rector Division of Freedom of information and Puouat:ons Serv.ces. Off tce of Administration for any denials that may be appinated to the Executive D. rector j for Operatw>ns (E DOI. 1 DENYING OFFICIAL I TITLE < OFFICE RECORDS DENTED APPELLATE OFFICIAL I

Director Office of s

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lMr.GuyP.Caputo Invest,tgatinnt Appendix A X l

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'l PART N. D- APPEAL RIGHTS The donel by each denying official identifced 6n Part ll.C may be appealed to the Appeltate Off cat identified there. Any sur5 appeal must be made in writmg within 30 days of receipt ,

of thia **6ponse. Appeals must be eddressed, as appropriate, to the Enecutive Director for Operetions to the Secretary of the Nmmission, or to the inspector General, U.S. Nuclear  !

7.egulatory Commission, Washington, DC 20655, and should clearly state on the envetope and 'm the letter that it is an "Appea. from en inetial FOlA Decision? ,

NEC FEM 464 (Port 2) (1911 U.S. NUCLEAR REGULATOftY COMMISSION i l

FOIA-97-169 APPENDIX A RECORDS BEING WITHHELD IN PART HQ DATE DESCRIPTION (PAGE COUNT)/ EXEMPTIONS

1. -2/13/97 Exhibit 4 to ROI-2-96-027 Transcript of Interview of Individual (150 pages) EX. 7C

2. 3/20/97 OI Report of Investigation, 2-96-027,

Subject:

Turkey Point Nuclear Plant: Discrimination Against Instrumentation and Control Technician for Raising Safety Concerns Regarding Calibration of Test Equipment (14 pages) EX. 5, ATTORNEY-CLIENT '

AND 7C ,

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