ML20151K757
| ML20151K757 | |
| Person / Time | |
|---|---|
| Issue date: | 07/28/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Barry D PIERCE, ATWOOD, SCRIBNER, ALLEN, SMITH & LANCASTER |
| References | |
| FOIA-97-154 NUDOCS 9708060154 | |
| Download: ML20151K757 (3) | |
Text
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ - - - - _ _ - - _ - - - - - - - - - - - - - - - - - - - - -- y U.S. NUCLEAR CEIULATORY COMMISSION NHC FOIA HEQUES1 NUMBE HLS
'[..* i hAN6 FOIA - F7- /8) REseONSe Tyre s
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- RESPONSE TO FREEDOM OF l FINAL % PARTIAL 77 7
/' INFORMATION ACT (FOIA) REQUEST DATE ee ..e ,JUL 2 81991 DOCKET NUMBER (S)(If apphcab/e/
i.E QUESTE R Y f. ~
PART l.-AGEN# RECORDS RELEASED OR NOT LOCATED (See checkedboxes)
No agency records subject to the request havebeen 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 regluest that are identified in Appendix (es) are being made available for public inspection and copying tt thi NRC Public Document Rtom,2120 L Street, N.W., Washington, DC,in a folder under this FOI A number.
Th3 nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now bemg 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 FOl A number.
Agency records subject to the request that are identified in Appendix (es) __ may be inspected and copied at the N RC Local Public Document Room identified in the Comments section.
Enclosed is inforraation on how you may obtain access to 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.
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 receRe a refund from the NRC in the amount of $
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 FROM PUBLIC DISCLOSURE Catiin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part 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 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
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l l PART 11.B- APPLICA8LE EXEMPTIONS l
Records subject to the request that are described in the enclosed Appendix (es) are tieing withheld in their entirety or in part under the i Exemption 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.
t . The withheld mformation is properly classified pursuant to Executive Order. (Exemption 1)
- 2. The withheld mformation relates solely to the mternal personnel rees and procedures of NRC. (Exemption 2) l l3. The wethheld mformation is specifically exempted from pubhc disclosure by statute indicated. (Exemption 3)
Sectens 141 145 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 declosJre of Unclassified Safeguards Information (42 U.S.C. 2167).
4 7The withheld enformation is e trade secret or commercial or financial informaten that is being withheld for tne reasontsi indicated. (Exemption 4)
The mforreation is conan ered to be confeential business Ipropnetary) mformation.
The informaten is consideed to be propnetary mformation pursuant to 10 CFR 2.790 ldh 1).
The mformaten was submitted and received in confidence pursuant to 10 CFR 2.790(dH2)
- 5. The withheld mformation consists of eteragency or mtraagency records that are not available through thscovery dunng htigation. (Exemption 5). Apolicable Privilege:
DelsberaNive Proccst: Sinclosure of predecisional mtormation would tend to mhibit the open and frank enchange of ideas essential 10 the deliberative process Where records are with vid m their entirety. the f acts are onevtncably mtertwood with the predecisional mformation There also are no reasonably segregable f actual portions because the row ese of the f acts would permit en indirect mawry mto the predecisional process of the agency Attomey work-product pnvilege (Documents prepared by an attorney m contemptaton of litigation i Attorney. client privilege. (Confidential communications between an attomey and his/her client.)
f 6. The withheid information is exempted from public disclosure because its disclosure would result m a clearly unwarranted [ Exemption 6) invasion of p l l
- 7. The withheld mformation consists of records compiled for law enforcement purposes and is bemg withheki for the reason (s) indicated. (Exemption 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 action to shield potential wronWomg or a violation of NRC requirements from investigators. (Exemption 7 ( A))
Disclosure would constitute en unwarranted mvasion of personal pnvecy. (Exemption 7(C))
The mformation consists of names of individuals and other informaten the disclosure of which Could feabonably be exoected to revealidentities o#
confidential sources. (Enemption 7 (D))
OTHER l PART tl. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(b) and/or 9.25(c) of the U S. Juclear Reguiatory Commission regulations, it nas been determmed that the mformation withheld is esempt from prc, !
ducten or disclosur . and that its producten or disclosure el contrary to the public interest. The persc% responsib6e for the den ai are those officiais ident.fied be.ow as cenyms officials and the Director, Division of Freedom of Irtformation and Publicatens Services. Office of Administration, for any den.ais that may be aopesied to the Executive Drector for Operations (EDOI.
l DENYING OFFICIAL TITLErOFFICE RECORDS DENIED l APPELLATE OFFICIAL EDO I SECRETARY l lG Y Y - ~
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'll l PART 11. D- APPEAL RIGHTS The denial by each denymg official identified in Part ll.C may be appealed to 95 Appellate Official identified there. Any such appeal must be made in writmg wrthin 30 days of receipt of this response. Appeals must be addressed as appropnete, to the Executive Director for Operations. to the Secretary of the Commission. or to the Inspector General U.S. Nuciear Regulatiry Commissen, Washington, DC 20555. and should clearly state on the envelope and in the letter that it is an " Appeal from en imtial FOI A Decision."
NIC FO M 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION
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! Re: FOIA-97-154 APPENDIX E ,
l l' RECORDS BEING WITHHELD IN THEIR ENTIRETY JiQ, DATE DESCRIPTION #PAGE COUNT)/ EXEMPTIONS
- 1. 12/28/95 Handwritten notes (3 pages)
- 2. No date The Maine Yankee, OA Issue (2 pages)
- 3. 12/28/95 MY -YA Handwritten notes (11 pages) ,
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FOIAIPA REQUEST r ,
Tf Cr,o No: D- L54 d OcicRocV: 9 l 41 Ad
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ActonOi!:
fic!atedCcn:
ATTORNEYS DAVID E. BARRY DIRECT April 30,1997 207.791.1376
- s. MAR. BA UPS OVERNIGHT MAIL Diknye m=^t-i= Director, Division of Freedom ofInformation and Publications Services Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555 Re: Freedom ofInformation Act Reauest !
Dear Sir or Madam:
Pursuant to the Freedom ofInformation Act,5 U.S.C. 552, and the Nuclear Regulatory Commission's implementing regulations,10 C.F.R. Part 9, I hereby request copies of or access to any information, including but not limited to: notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, intewiew reports, procedures, instructions, analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data, notebooks, telephone messages, computations, interim and/or final reports, status reports, and any and all other records or documents related to and/or generated in connection with:
- 1. 'Ihe Yankee Atomic Electric Company RELAP5YA emergency core cooling system (ECCS) evaluation model;
- 3. Three Mile Island Action Items II.K.3.30 and II.K.3.31 as applied to the Maine Yankee plant; and One Monument l
porti nhone 4 , The 2630 MWt power uprate for the Maine Yankee plant and the 2700 onot-lito MWt power uprate for the Maine Yankee plant.
l ma 207.791.1100 TAE 207.791.1350 E Matt info @PierceAtwood com n ,
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, Director, Division of Freedom ofInformation and Publications Services l Kpril 30; 1997 Page 2 ;
Pursuant to 10 C.F.R. Q 9.23(bX4XiXc) I specifically accept the cost involved in searching for and duplicating the information I have requested, and do not require advance notice i ofcosts exceeding $25.
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( I look forward to hearing fmm you within the ten days required by statute.
l ery truly yo ,
p'~G avid I. Barry -
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