ML20155F720

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Final Response to FOIA Request for Documents.Documents Listed in App B Being Encl & Being Released in Entirety. Documents Listed in App C Being Withheld in Part (Ref Exemption 7C)
ML20155F720
Person / Time
Site: Susquehanna  Talen Energy icon.png
Issue date: 11/03/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Sorensen J
AFFILIATION NOT ASSIGNED
Shared Package
ML20155F723 List:
References
FOIA-98-81 NUDOCS 9811060099
Download: ML20155F720 (4)


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NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION P UIAWA r.EsPoNsE NuMeER

'6 (6-1996) l

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98-081 2

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RESPONSE TO FREEDOM OF I

INFORMATION ACT (FOIA) / PRIVACY k

ACT (PA) REQUEST TYPE d-

RESPONSE

Mr. John B. Sorensen b 08 m PART l. -INFORMATION RELEASED

] No additional agency records subject to the request have been located.

] Requested records are available through another public distribution program. See Comments section.

I1PPENDICEs i Agency records subject to the request that are identified in the listed appendices are already available for

public inspection and copying at the NRC Public Document Room.

QJ ~ [ APPENDICES ~

Agency records subject to the request that are identified in the listed appendices are being made available for

[

B j public inspection and copying at the NRC Public Document Room.

]t 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, NW, Washington, DC.

ry IkPPENDICES gj g

Agency records subject to the request are enclosed.

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O Records subject to the request that contain information originated by or of interest to another Federal agency have been o

referred to that agency (see comments section) for a disclosure determination and direct response to you.

[ We are continuing to process your request.

R See Comments.

__a PART 1.A - FEES

~MAoONT

  • You will be billed by NRC for the amount listed.

g None. Minimum fee threshold not met.

4 R You will receive a refund for the amount listed.

' - ~ Fees waived.

. sagents

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PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

y-the reasons stated in Part 11.Certain information in the requested records is being withheld from disclosure pursua "Q This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."

PART l.C COMMENTS (Use attached Comments continuation page if required)

This response also completes action on your appeal FOI A-98-008A.

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9811060099 981103 PDR FOIA SORENSEN98-81 PDR blGNAfbHE-FHL DOsd QF INFORMAlto ACT AfeUPHrvAcy ACI oft lCtH be,

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- (.' t h Rusself A. Powelf" NRC FORM 464 Part 1 (61998)

PRINTEo ON RECYCLED PAPER This form was designed using informs 5PB u @ # 4 8

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NRC FORM 4 s > Pcrt 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE

(

7tESPONSE TO FREEDOM OF INFORMATION

]()y J 3 gg ACT (FOlA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS MNS ~

Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under L._

.- the Exemption No.(s) of the PA and/or the FOIA as indicated below (5 U S.C. 552a and/or 5 U.S C. 552(b)).

] Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.

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Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC.

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Exemption 3: The withheld information is spec:fically exempted from public disclosure by statute indicated.

m Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U S.C.

L-2161-2165).

] Section 147 of the Atomic Energy det, which prohibits the disclosure of Unclassified Safeguards Information (42 U S.C. 2167).

R 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 5, U.S.C. (the FOIA), except when incorporated into the contract between the u

agency and the submitter of the proposal.

~ Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s)

L-indicated.

] The information is considered to be confidential business (proprietary) information.

b The information is considered to be propnetary because it concerns a licensee's or applicant's physical protection or matenal control and 7

accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).

[] The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).

Exemption 5:. The withheld information consists of interagency or intraagency records that are not available through discoveq during a

htigation. Applicable pnvileges:

~ Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the

- deliberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisional information. There also are no reasonably segrepable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.

Attomey work-product privilege. (Documents prepared by an attorney in contemplatics of htigation)

~ Attomey-client pnvilege. (Confidential communications between an attorney and his/her client)

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Exemption 6: The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.

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7 Exemption 7
The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) a; indicated.

- (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g., it wouk, reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators).

g (C) Disclosure would constitute an unwarranted invasion of personal privacy.

- (D) The information consists of names ofindividuals and other information the disclosure of which could reasonably be expected to reveal identities of confidential sources.

~ (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidehnes that could reasonably be expected to nsk circumvention of the law.

~ (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.

] OTHER (Specify)

PART ll.B - DENYlNG 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 interest. The person responsible for the denial are those officials identified below as denying officials and the FOlA/PA Officer for any danials that may be appealed to the Executive Director for Operations (EDO).

~ RECORDS D'ENIED

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TITLE / OFFICE s

Guy lUaputo ~^

' Director,0ffice of investigation s '

~ ~Appendis C

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hip' Al rnust be made in wnting wit'hin 30 days of receipt of this response. Appe' ls should be mailed to the FOIA/ Privacy Act Officer,

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U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should citarly state on the envelope and letter that it is a "FOIA/PA Appeal."

NRC FORM 464 Part 11 (6-1998)

PRIN T ED ON RECYCLED PAPER This form was designed usmg informs

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-0 3

Re: FOIA/PA-98-081 APPENDlX B RECORDS BEING RELEASED IN THEIR ENTIRETY NO, DATE DESCRIPTION /(PAGE COUNT) 1.

07/24/96 Exhibit 3,01 Case 1-96-039, Susquehanna Steam Electric Station, ISES 3-96, Investigation of E Diesel Generator in-Operability Event, PLl-82305 (26 pages) i l

i Re: FOIA/PA-98-061 APPENDIX C RECORDS BEING WITHHELD IN PART NO.

DATE DESCRIPTION 4PAGE COUNT)/ EXEMPTIONS l

1.

07/25/96 Exhibit 4, O1 Case 1-96-039, Pennsylvania Power & Light Company, Investigation of E Diesel Breaker Misalignment, Job Number 739619-96 (8 pages) EX. 7C 2.

08/13/96 Exhibit 5,01 Case 1-96-039, Pennsylvania Power & Light Company, Review of NPO Testing of 'E' Diesel Alarm OC577E, Job Number 739619-1-96 (53 pages) EX. 7C i

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John B. Sorensen February

,1998

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Russell Powell F0lNPA REQUEST Chief F O I A - L T D R

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9g,e g 7 Carol Ann Reed, FOIA/PA Officer gg,d:

- A3-9N U.S. NRC T6D8 4 of 1,ction Off:

Washington DC 20555-0001 tic.iCsw FAX 1-301-415-5130 I would like a copy of the Office of Investigation's Report on Susquehanna SES

( case # l-%-039 ). Please include all the exhibits.

Thank you.

John B. Sorensen e

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g July'24,1996 K. V. Chambliss SSES SUSQUEHANNA STEAM ELECTRIC STATION ISES 3 96, lNVESTIGATION OF E DIESEL GENERATOR IN OPERABILITY EVENT PLf-82305 File A16 3 Attached is independent Safety Evaluation Services Report 3 96, investigation of E Diesel Generator in-Operability Event, dated July 24,1996

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Attachrnent: ISES' Report 3 96 Copy to;.

R. G. Byram TW-16 G. T. Jones AB-1 G. J. Kuczynski SSES W. E. Burchill A9 2 T, R. Markowski SSES R. M. Psal SSES R. A. Henry SSES NR File A6-2

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