ML20154M782
| ML20154M782 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/26/1988 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Belair R KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| Shared Package | |
| ML20154M784 | List: |
| References | |
| FOIA-88-63 NUDOCS 8806020076 | |
| Download: ML20154M782 (3) | |
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U.S. NUCLEAR REGULATORY COMMIS$10N
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RESPONSE TO FREEDOM OF h
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INFORMATION ACT (FOIA) REQUEST
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AtOutATER Robert R. Belair PART l.-RECORDS RELE ASED OR NOT LOCAT10 ISee enacted boaes)
No agency records subrect to the request have been located No additonal agency records subrect to the request have been located.
Agency records subrect to the request that are contded in Appendm are skeady avadatde for pu%c enspecton and copeng in the NRC Pu%c Document Rou.n.
1717 H Street. N W. Wuhmgton OC Agency records subrect to the request thrt are 4:-tifed e Apperda __
are beseg made 3 4Jable for pubhc respectice and ccor g in the NRC Pubhc '.aumont n
Room.1717 H Street, N W.. Washegton. OC, e a fokkr under thes FOI A numbe' and reowester name the nonpropeetary sets.on of the preposaust that you agreed to accept c, teiephone conse'saten with a member of rny staH is now t+ng trade awadable foe pubhc anspecten and coymg at the NRC Pu%c Document Room 1717 H Street. N W. Washegton OC. m a tokw under the (OI A number and <cquester name.
Enclosed e informat.on on how you may obta.n access to and the cha<oes for copyeg <ecords ptaced m the NRC Pu%c Document Room.1717 M Street. N W., Washegton OC.
Agency fecords subrect to the request are enclosed Any applicab6e charge for copes of N records provoced and payment procedures are noted m the commnnts secton.
Records subrect to the request hase ben referred to another Federal agency 6est for review and detect response to you.
in,,e. of NRC s,npo,,e io th. recent. no fu,th., ection. be.ng iaien on appnoener cared May_3 s 1988dBB-A-2M.
PART ll A-INFORMATION WITHHELD FROM PUBLIC OlSCLOSURE Certain informaton in the requated records a bemg withheld from pu%c disclosu e pursuant to the FOIA nemptons deserted in and fx the r*asons stated in Part 11 sec-r tes B. C. and D. Any relened portons of the documents for **ch only part of tN record a bemg *ethhe'd are being made avadabie foe pubi< especte and copyeg m X
the NRC Pubic Document Room.1717 H Street. N W. Washegton OC m a fonder under the FOIA number and requester name.
Comment 8806020076 88052/3 PDR FOIA B'4. A ZR BB-63 PDR SsG Yust, o ale w Livis Fauttp p (CoADS
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v F01A-88-63 FREEDOM CF INFOM4RT10[ACT RESPONSE FOlA NUMLEMS).
oATEp 2 6 $88 PART 118-APPLICABLE FOfA EXEM/TIONS Cecords subject to the request that are described in the enclosed Appendices O
are bemg ethheld in their entirety or in part under FOIA Exemptons and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 Stal of NRC Hegulatons.
- 1. The wthhev eformation a poperty class < fed pursuant to Executwo Order 123% 16XEMPTION II
- 2. The wthbeid infor.Teton rotates solely to the mtemat personnel rules and procedures of NRC. (EXEMPTION 2)
- 3. The wthheld information a speCrfscaNy enempted from public $sclosure by statute inecated (EXEMPTION 31 141145 of the Atormc treegy Act whch prohibets the d sclosu e of Restrcted Date or Formedy Restncted Data 642 U.S C. 216121651 Secten r
Section 147 of the Atomsc Energy Act wnch prohbts the disclosure of Unciassefed Safeguards informaton 142 U S C. 21671.
- 4. The wthhe6d informaton e a trade secet or commercal or financial eformaton that is being wthheld for the reasorus) mecated (EXEMPTION 41 The informaton is cons 4ered to be conf 4ent6at business loropretaryl m'ormaton.
The informaton is cons 4ered to be propretary information pursuant to 10 CFR 2 790dd)l11.
The information was submitted and recewed m confdence from a fore gn source pursuant to 10 CFR 2.790(dK21.
- 5. The wthheld eformaton consists of snieragency or mtraagency records that are not evadable through decovery Ming htigaten. Osclosure of predecmonal eformaton would tend to inhetut the open and frank enchange of deas essentel to the deliberstrve process Where records are withheld m their entwwty, the facts are mentricably intertwned wth the oredecesonalinformaton. There a6so are no reasonably segeogable factual pc,rtsons because the release of the facts would permet an X
mdirect enquwy ento the preoecsonal process of the agency. tEXEMPTION 51
- 6. The uthheid information a esempted from publ.c disclosure because its declosure would result e a clearly unwarraated invapon of personal pnvecy. IEXEMPTION 66
- 7. The withheld mformation conersts of invertigatory records compeed for law enforcement purposes and e being *nhN d for the reasonist mocated IEXEMPTION 7)
Disclosure would ete6trie wt's an enforcement proceed 4ng because #1 could reveal the scope. directen, and focus of enforcement efforts. and thus could posseDiy allow them a take acton to theid potental wrongdoing or a volaton of NF.C recuwarmets from evestigators LEXEMPTION 7(M)
Deciosure would constitute er u nerranted invason of personal privacy IEXEMPTION 7(CH n
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The informatson consets of names of edrydua s and other mformaton the declosure of whch would revealideet: ties o conf 4ential sources (EXEMPTION hD):
r PART 11 C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and 'or 915 of the U S POcinar Regulatcry Commission regulatons. it has been determeed thtt the mformaton withhs4d e esempt f rom producten or esclosu e.
r and that ets producton or declosure e contrary to the public mterest. The persons respoes ble for the donel are those orface4 edentifed below as denying officels and the Owector, Orveen of Ru6es and Records. Orfce of Adminstraton. for any derur s that may be appeated to the Enocuove Director for Operatons stooi DENytNG OFFICIAL TIT LE, OF FIC E RECORDS DENIED APPELLATE OFFICtAL Director, NRR Append 1x D 5fc m m foo X
Thoma$ E. Murley PART le D-AP*EAL RIGHTS The denial by each denying officialident' fed in Part II.C me e appealed to the Appellate Offscial ident:fied in th&; section. Any such appeat must be in -
writing and must be made ethan 30 days of receipt of the respcnse. Appeals must be eddressed as appropn.te to the Executive Director for Operations or to the SecrCary of the Commesson. U.S. Nuclear Regulatorv Commission, Wathington, DC 20555. and should clearty state on the envelope and in the letter that rt is an "Appeal from an initial FOI A Decision.
e mc FoftM as4 (Part ti U.S. NUCLEAR REGULATORY COT?WSS?ON s es, FOIA RESPONSE CONTINUATION
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Re:
FOIA 88-63 APPENDIX-D RECORDS PARTIALLY WITHHELD-
. NUMBER DATE DESCRIPTION & EXEMPTION 1.
4/29/87 Memo from Steven A. Varga to Thomas Murley, subject:
Task Action Plan for Staff Evaluation of LILC0'S Request to Operate Shoreham at 25% Power, (1 page), released, with attachment: Task Action Plan (19 pages), withheld, Exemption 5.
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XIRKPATRICK & LOCKHART SoUni LOBBY 9TH Floor tACKAra PLAct h
IEC M STMET. N T TA$tCNGToN. D C. 200W&l isin 2namo n:osex n u Ast a s bCAMI. FL lillt 113 PHONE @ M64EC (Mi H44112 nux 4ex n oc vi ndoco u suu m o TTUCCPER 4202) M69100 fff758L1LOM PA 15222 lH9 Ro6ERT R. BELAIR 6412) is54wo ach nsoch January 27, 1988 HAND DELIVERED I?.EEDOM OF !NFCRMATCft ACT REQUEST Director, Office of Administration Nuclear Regulatory Commission FOIN
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Room 4210 Maryland National Bank Building 7735 Old Georgetown Road Bethesda, Maryland 20814 Re:
Freedom of Information Act Request Gentlemen:
On behalf of our client, Suffolk County, Long Island, New York, we request, pursuant to the Freedom of Information Act, as amended, 5 U.S.C. Section 552 ("FOIA"), and the rules of the Nuclear Regulatory Commission ("NRC") issued thereunder, 10 C.F.R. Part 9, copies of any agency records in the possession or control of the NRC relating to the following:
l 1.
All records, including preparatory materials, l
contemporaneous notes, post-meeting discussions or analyses, and information submitted by the Long Island Lighting Company i
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("LILCO"), relating in any way to a January 14, 1988, meeting involving NRC employees, officials, agents or representatives I
(including Messrs. Reis, Johnson, Scoto, and Olmstead) and representatives of LILCO (Messrs. Earley, Frielicher, Reveley, and Irwin) concerning matters relating to the Snoreham Nuclear Power Station.
2.
All records, not served via the service list in 50-l 322-OL-03, 05, or 06 dockets, relating in any way to any other l
communications during the period March 1987 to the present between LILCO, including any person acting for or on behalf of LILCO, and NRC employees, officials, agents or representatives, which concerned =y. wiles s vetuaining co--Um Chrra " Nelc r s g ( }Ii
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Perer Oteti=, i.;luding wid w i limit:ti n, LILCO's request to hCMTlO l
operate Shoreham at 25 percent power, any Federal Emergency Management Agency review of revisions to LILCO's emergency plan, I
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KIRKPATRICK 6c LOCKHART Director, Office of Administration January 27, 1988 Pace 2 any further exercise of LILCO's emergency plan, and any proposed procedures or schedules for any review or exercise of LILCO's emergency plan.
In the event that access is denied to any of the records responsive to this request, please supply the following information:
a.
Identify the record or withheld portion of the record and specify the statutory basis for the denial, as well as your reason for believing that an exemption applies, as required by 10 C.F.R. Section 9.10( b).
b.
Segregate the nonexempt from the allegedly exempt portion of any withheld records and release the former, as required by 10 C.F.R. Section 9.5(b).
c.
Supply a detailed statement of the content of the with-held document or portion thereof, along with the date on which that document or portion thereof was written; its section heading or title; and an identification of any persons or entities who have received copies of such records or portions thereof, as required by applicable case law.
Vaughn v. Rosen, 484 F.2d 820, 826-827 (D.C. Cir. 1973).
d.
Separately state your reasons for not invoking your discretionary power to release the allegedly exempt records or portions thereof.
The undersigned will pay charges for search time and copying fees, as provided by NRC regulations, 10 C.F.R. Section 9.14.
If search and copying fees to be incurred by the undersigned will exceed $300, please notify Lorraine Gibson at (202) 778-9118 before this sum is exceeded.
Any questions or comments concerning this request may also be directed to Ms. Gibson.
We expect to receive your response to this FOIA request within ten (10) working days of your receipt of this request, as required by the FOIA, and as set forth at 10 C.F.R.
Section 9.9(a).
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Sincer
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U Robert R.
Belair
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