ML20154D331
| ML20154D331 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 09/30/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Knudson M SOUTHERN CALIFORNIA EDISON CO. |
| Shared Package | |
| ML20154D336 | List: |
| References | |
| FOIA-98-183 NUDOCS 9810070193 | |
| Download: ML20154D331 (4) | |
Text
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NRC FORM 464 P rtI c
U.S. NUCLEAR REGULATORY COMMISSION P UI Alt' A r.ESPoNSE (luMBUR 0
(64996) g#"
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98-183 3
,4 RESPONSE TO FREEDOM OF I
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INFORMATION ACT(FOlA)/ PRIVACY g FINAL PARTIAL
RESPONSE
ACT (PA) REQUEST TYPE l
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REOuESIER DATE WP 3gg Ms. Mary C. Knudson
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PART 1. -lNFORMATION RELEASED
{ No additional agency records subject to the request have been located.
] Requested records are available through ar'other public distribution program. See Comments section.
[ APPENDICES ~l Agency records subject to the request that are identified in the listed appendices are skeady available for
] public inspection and copying at the NRC Public Document Room.
'- J i JAPPENDICEs-l Agency records subject to the request that are identified in the listed appendices are being made available for
- ~
C4D public inspection and copying at the NRC Puolic Document Room.
Erido~ edis information on how you may obtain access to and the charges for copying records located at the NRC Public s
Docum::nt Room,2120 L Street, NW, Washington, DC.
my i4PPE'NDIC$ $
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Agen y re rds subject to the request are enclosed.
I' C&D
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Reiordisubhet to the request that contain information originated by or of interest to another Federal agency have been
- referred to that agency (see comments sect lon) for a disclosure determination and direct response to you.
We are continuing to process your request.
See Comments.
I PART 1.A - FEES AMOUNT '
You will be billed by NRC for the amount listed.
None. Minimum fee threshold not met.
56,20 You will receive a refund for the amount listed.
Fees waived e
is PART l.B --INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.
g Certain information in the requested records is being withheld from disclosure pursuant to the exemption 0 described in and for the reasons stated in Part 11.
This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, y Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."
PART 1.C COMMENTS (Use uttached Comments contmuation page if required)
The actual fees for the processing of your request are:
i'rofessional Search.5 hrs. @ $35.67 per br. = $ 17.84 Professional Review - 10 hrs. @ $35.67 per hr. = 356.70 Duplicaiton - 189 pgs. @ $0.20 per pg.
37.80
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Total
$412.34
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F OW J VM M NVACY ACT OmGt H Russell A. Powell 9810070193 980930 PDR FOIA KNUDSON98-183 PDR NRC FORM 464 Part 1 (6-1998)
PRINTED ON RECYCLED PAPER This form was designed us<ng informs w(on W3
ERC 00Mt 464 Part h
~lLS. NUCLEAR REGULAYORY COMM!SS!ON j FO!A/PA oATE i
7ESPONSE TO FREEDOM OF INFORMATION '
'gp N
D ACT (FOIA) / PRNACY ACT (PA) REQUEST PART ILA - APPLICABLE EXEMPTIONS
' /SPENorCES.
Records subject to the request that are desenbed in the er. closed Appendices are being withheld in their entlrety or in part under
_ the Exemption No (o of the PA and!^r the FDIA as indicated below (5 U.S C. 552a and/or 5 U S C. 552(b)).
The withneld informann is properly classified pursuant to Executive Order 12958.
Exemption 1:
Exemotion 2. The withheld information relates solely to the internal personnel rules and procedures of NRC.
I Exemption 3: Thi v'ithheld information is specifically exempted from public ddosure by statute indicated
~~~
Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C.
21t312165).
Section 147 of the Atom:c Energy Act, which prohibits tne disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
41 U.S C, Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an executive agency to any person under section 552 of Title S. U S C. (the FOtA), except when incorporated into the contract between the agency and the submitter of the proposal.
Exemphon 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated.
,1 The information is considered to be confidential business (propnetary) iniormation.
R The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or matenal control and acco enting program for special nuclear matenal pursuant to 10 CFR 2190(d)(1).
w
~ The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
Exemption 5: The withbeid information consists of interagency or intraagency records that are not avai!able through discovery during litigation. Apphcable privileges:
Dehberative process: Disclosure of pmdecisional information would tend to inhibit the open and frank exchange of ideas essential to the dehberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional infondat)on. There also are no reasonably se irdo the predecisonal process of the agency. gregable factual portions because the release of the facts would permit an indirec Attorney work-product pnvilege (Documents prepared by an attomey in contemplation of htigation) f Attomey-chent privilege. (Confidential communications between an attomey and his/her chent)
Exemption 6. The withheld infomiation is exempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion ci personal privacy.
J Exemption 7: The wrthheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) v ind;cated.
(A} Disclosure could reasonably be expected to interfeie with an enforcement proceeding (e g, it would reveal the scope, direction, and focus of enforcement efforte, and thus could possibly allow recipients to take action h shield potential wrongdoing or a violation of NRC requirements from investigators).
y (C) Duclosure would constitute an anwarranted invasion of personal privacy.
(D) The information consists of names of individvals and other information the disclosure of which could reasonably be expected to reveal identities of confidential sources-l (E) Disc!osure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidehnes that could reasonat,y be expected to risk circumvention of the law (F) Disclosure could reasonrbly be expected to endanger the hfe or physical safety of an individual.
OTHER (Specify)
PART 11 B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g),9 25(h), and/or 9.65(b) of the U S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public 2
int: rest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED
[OY I
S CY Ellis W. Merschoff Monal Administrator, RIV App.C 5
Appeal must be m' de in writing within 30 days of receipt of this response. Appe'als should be mailed to the FOIA/ Privacy Act Officer, a
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s) You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 464 Part it (61998)
PRINTED ON RECYCLED PAPER This form was designed using informs
h Re: FOIA-98-183 t
l APPENDIX C DOCUMENTS BEING RELEASED IN PART NUMBER DATE DESCRIPTION / EXEMPTION i
1.
10/11/96 Exhibit 5, ROl-4-96-056, Ailegation Assignment Form, (2 pgs.)-
- Portions, EX. 7C.
2.
1/29/97 Exhibit 8, E-Mail, subject: Individual v. SCE: DOL Recommended Order, (1 pg.), EX. 7C.
3.
2/12/97 Exhibit 9, ROI-4-96-056, E-Mail, subject: Discrimination Allegation:
Former SONGS Employee, (1 pg.)- Portions, EX. 7C.
4.
3/20/97 Exhibit 10, ROI-4-96-056, Memo, subject: Allegation, (2 pgs.) -
Portions, EX. 7C.
5.
Undated Review of Documentation Associated with Allegation, (2 pgs.)-
Portions, EX. 7C.
6.
11/6/96 Letter to Individual from NRC, reference: Allegation (3 pgs.)-
Portions, EX. 7C.
7.
1/7/97 E-Mail, subject: Allegation, (1 pg.)- Portions, EX. 7C.
8.
1/29/97 E-Mail, subject: Individual v. SCE: DOL Recommended Order, (1 i
pg.) - Portions, EX. 7C.
9.
3/20/97 Memo, subject: Allegation, (2 pgs.) - Portions, EX. 7C.
10.
2/24/97 Allegation Assignment Form, (1 pg.) - Portions, EX. 7C.
l 11.
3/24/97 Allegation Assignment Form, (1 pg.)- Portions, EX. 7C.
12.
5/12/97 Allegation Assignment Form, (1 pg.)- Portions, EX. 7C.
a t
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I Re: FOIA-98-183 APPENDIX D i
RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER l
l NUMBER DATE DESCRIPTION /PAGES l
l l
1.
10/17/96 E-Mail from J. Whittenmore to David Powers, subject:
Allegation Assessment, (1 pg.).
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- g EDISON Mary E.Kaudeon
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uammmuumwue m ARECiUEST 91-183 1'-29-98 h.]7b~
t'a April 28,1998 VIA FAOSTM1T,E & U.S. MATT, Mr. RussellPowell Chief-FOIA OMce U.S.N.R.C.
Wa=hin-ton, D.C. 20555 Re:
FOIA REQUEST
Dear Mr. Powell:
I am requesting under the FOIA provisions all records, files, correspondence and reports concerning the following file:
OI Case IV-96056, Alleged discrimination for engagingin protected activities.
Please let me know the cost ofreproducing the documents and the mannerin which we can make payment to your oMce when they are ready to be released. My telephone number is (626) 302-3258.
Very truly yours, Mary E. Knudson blEK:4m1W9anic197 l
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P.O. Bca 800 2244 Walnut Greve Ave.
Rcmemead, C41tamia 91770 M2M 302 3258 N W A * "" "
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