ML20197H442
| ML20197H442 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 12/02/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Lochbaum D UNION OF CONCERNED SCIENTISTS |
| Shared Package | |
| ML20197H447 | List:
|
| References | |
| FOIA-98-330 NUDOCS 9812140088 | |
| Download: ML20197H442 (6) | |
Text
EC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION l'UIAIVA RESPONSE NuMBE;t D
(S 1958)
/*"'
gh 98-330 1
W RESPONSE TO FREEDOM OF h
INFORMATION ACT(FOIA)/ PRIVACY 5
k*ese*/
RESPONSE
ACT (PA) REQUEST TYPE g FINAL
} PARTIAL REQUESTER DATE David A. Lochbaum 01 M PART 1. -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.
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' APPENDICES Agency records subject to the request that are identified in the listed appendices are already available for A
, public inspection and copying at the NRC Public Document Room.
[APPEfdDICE Agency records subject to the request that are identified in the listed appendices are being made available for B, C public inspection and copying at the NRC Public Document Room.
~,' Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public 1
- Document Room,2120 L Street, NW, Washington, DC.
^ APPENDICES ~~~
l Agen y re rds subject to the reqce.it are enclosed.
H, C
~ dds subhet to the request that contain information originated by or ofinterest to another Federal agency have been Re
- referred to that agency (see comments section) for a disclosure determination and direct response to you.
i
~ We are continuing to process your request.
See Comments.
PART l.A - FEES AuouNT ~ ~ ~ ~
~ You will be billed by NRC for the amount listed.
None. Minimum fee threshold not met.
You will receive a refund for the amount listed.
g Fees waived.
a ge. - _. _ _.
nts PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
~~ No agency records subject to the request have been located.
Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for
- the reasons stated in Part II.
y-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)
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9812140088 981202 l
PDR FOIA LOCHBAU98-330 PDR bH.AAIURL.FHELDOM OF INF ORMAIION ACl,AND PRIVACY AG1 OF HLLR 4
Russell A. Powelly '
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NRC FORM 464 Pan 1 (61998)
PRINTED ON RECYCLED PAPER This form was des,gned using informs 9812.Wo03f
i NRC Furusi 464 Part in U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE L
7ESPONSE TO FREEDOM OF INFORMATION ib 98-330 DEC 0 21998 ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll,A - APPLICABLE EXEMPTIONS
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Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under
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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)).
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Exemption 1: The withheld information is properly classifed pursuant to Executive Order 12958.
l
] Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.
] Exemption 3: The withheld information is specificaDy exempted from public disclosure 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.
2161-2165).
T Section 147 of the Atomic Energy Act, which prohibits the 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 5 U S.C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.
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Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated.
] The information is considered to be confidential business (proprietary) information.
~ The information is considered to be propr;etary because it concems a licensee's or apphcant's physical protection or material control and a 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).
g Exemption 5: The withheld information consists of mteragency or intraagency records that are not available through discovery during htigation. Applicable pnvileges:
1 J Dehberative process: Disclosure of predecisional 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 V
information. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inqu,ry i
into the predecisional proces; of the agency.
~ Attomey work-product privilege. (Documents prepared by an attorney in contemplation of htigation)
Attomey-client privilege. (Confidential communications between an attorney and his/her client)
~ 'Uxemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy.
~
Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated.
~ (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g., it would reveal the scope, direson, and tocus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators).
] (C) Disclosure would constitute an unwarranted invasion of personal pnvacy.
~- (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal identites of confidential sources.
- (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expected to risk circumvention of the law.
~ (F) Disclosure could reasonably be expected to endanger the hfe or physical safety of an ind)vidual
}] ~OTHER (Specify)
I PART ll.B - DENYING OFFICIALS i
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 thit the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public intir:st. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any I
deniils that may be appealed to the Executive Director for Operations (EDO).
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APPELLA OFFICML}
RECORDS DE IED Q,gH,ig;L-
~ Director, NRR ~
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~ Appendices C & D
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dppeal must be made iriwriting wikin 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should clstriy state on the envelope and letter that it is a "FOIA/PA Appeal."
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i NRC FORM 464 Part il (6-1998)
PRINTED ON RECYCLED PPER This form was oesigned ussng inF orms Y
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Re: FOIA-98-330 l
APPENDlX A RECORDS ALREADY AVAILABLE IN THE POR ACCESSION NO.
DATE NUMBER DESCRIPTION 4PAGE COUNT) l 1.
05/21/97
-9706050120 Letter from J. Jaudon, NRC Region 11 to j
- 0. Kingsley, TVA, transmitting NRC inspection Report 50-259/97-04. 50-l 260/97-04, and 50-296/97-04. (68 j
pages) l l
2.
07/30/97 9708010226 Letter from J. Williams, NRC Region it i
to O. Kingsley, TVA. regarding l
Implementation of the Maintenance l
Rule,10 CFR 50.65 for Browls Feny Nuclear Plant, Unit 1. (2 pages) i 3.
02/06/98 9802230333 Memorandum to File, subject: Summary of Meeting wth Tennessee Valley Authority on implementation of 10 CFR 50.05 - Meeting of January 26,1998. (4 pages) 4 06/04/98 9806100490 Forthcoming meeting w/TVA in 06/16/98. (2 pages) l l
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RE: FOIA-98-330 APPENDIX B RECORDS BEING RELEASED IN THElR ENTIRETY NO.
DATE DESCRIPTION /(PAGE COUNT) 1.
6/4/97 Memo to Frederick Hebdon, Director, Project Directorate ll-3, from Jon Johnson, Director, Division of Reactor Projects Re: TIA 97-015 Request for Review Assistance Maintenance Rule Implementation For Browns Ferry Unit 1 (11 pages) 2 6/17/97 Memo to Frederick Hebdon, Director, Project Directorate 11-3, from Suzanne Black, Chief, Quality Assurance and Maintenance Branch Re: TIA 97-015 Request for Review Assistance-Maintenance Rule Implementation for Browns Ferry Unit 1 (2 pages) 3.
7/25/97 E-Mail from J. Williams, NRC to NRC Addressees Re: Browns Ferry Unit 1 Maintenance Rule (1 page) 4.
7/25/97 E-Mail from J. Williams, NRC to NRC Addressees Re: Browns Ferry Unit 1 Maintenance Rule (1 page) 5.
7/25/97 E-Mail from M. Lesser, NRC to J. W,Iliams, NRC Re: Browns Ferry Unit 1 Maintenance Rule (1 page) 6.
7/28/97 E-Mail from G. Mizuno, NRC to NRC Addressess Re: Browns Ferry Unit 1 Maintenance Rule (1 page) 7.
1/6/98 E-Mail from P. Fredrickson, NRC to A. De Agazio, Re: Browns Ferry Unit 1 - Maintenance Rule issue (1 page)
P.
6/10/98 E-Mail from S. Black, NRC to NRC addressees Re: Browns Ferry Maintenance Rule (1 page )
9.
6/10/98 E-Mail from B. Sheron, NRC to S. Black, NRC Re: Browns Ferry 5
Maintenance Rule 10.
6/15/98 E-Mail from B. Clayton, NRC to A. De Agazio, NRC Re:
Cancellation of June 16th Mtg W/ Browns Ferry (1 page) 11.
Sept /98 Maintenance Branch IFS Item Summary. (2 pages)
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FOlA No.98-330 l
p APPENDlX C l
RECORDS BEING WITHHELD IN PART NO.
DATE D E S C RIPTION# PAG E C O U NTl/E X E M PTION S 1
7/25/97 E-Meil from M. Lesser, NRC to J. Wilhams, NRC Re: Browns Ferry
[
Unit 1 Maintenance Rule - Reply (1 page) EX. 5 2.
7/25/97 E-Mail from M. Lesser, NRC to NRC Addressess Re: Browns Ferry Unit 1 Maintenance Rule (1 page) EX. 5
- 3..
11/6/97 E-Mail from M. Lesser, NRC to J. Williams, NRC re:6/4/97 Memo to Frederick Hebdon, Director, Project Directorate 11-3, from Jon Johnson, Director, Division of Reactor Projects Re: TIA 97-015 Request for Review Assistance Maintenance Rule implementation For Browns Ferry Unit 1 (11 pages) EX. 5 4.
6/2/98 E-Mail from A. De Agazio, NRC to NRC Addressees Re: Browns Ferry, Unit 1 Maintenance issue (3 pages) EX. 5 5.
6/15/98 Memo to Frederick Hebdon, Chief, Project Directorate 11-3, from l
Suzanne Black, Chief, Quality Assurance, Vendor Inspection and l
Maintenance Branch Re: Response to WA Letter dated April 3, l
1998, " Browns Ferry Nuclear Plant (BFN) -Unit 1 - Revised Response to NRC Request Regarding implementation of l
Maintenance Rule,10 CFR 50.65 (URI 50-259/97-04-01) (TAC No. M98931)" 4 pages) EX. 5 6.
8/5/98 Memo to Suzanne Black, Chief, Quality Assurance and Maintenance Branch from Frederick Hebdon, Director, Project Directorate 11-3 Re: Resp. to TVA's Letter dated April 3,1998, Regarding implementation of the Maintenance Rule at Browns Ferry Unit 1 (1 pages) EX. 5 l
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l FOlA No.98-330 i
APPENDIX D RECORDS BEING WITHHELD IN THEIR ENTIRETY NO.
DATE DESCRIPTION #PAGE COUNT)/ EXEMPTIONS 1.
Undated Undated, unsigned memo from Suzanne Black, NRC to Frederick Hebdon, NRC Re:
TIA 97-015 Request for Review Assistance Maintenance Rule implement for Browns Ferry Unit 1(3 page) EX. 5 2.
8/28/97 E-Mail from W. Scott, NRC to W. Beardson, Re: BFN U1 URI (1 page) EX. 5