ML20198P278
| ML20198P278 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 12/17/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Leonardi D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20198P281 | List: |
| References | |
| FOIA-99-44 NUDOCS 9901070020 | |
| Download: ML20198P278 (4) | |
Text
NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION P UI All'A KEsPoNsE NuMBE;t m
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/g Oob 99-044 1
RESPONSE TO FREEDOM OF i
a INFORMATION ACT(FOIA)/ PRIVACY k"e***
RESPONSE
ACT (PA) REQUEST TYPE Y-REQUESTER DATE David Leonardi DEC 17 se PART 1,-INFORMATION RELEASED
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No additional agency records subject to the request have been located.
~~ Requested records are available through another public distribution program. See Comments section.
' APPENDICES 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.
[ APPENDICES ~~ Agency records subject to the request that are identified in the listed appendices are being made available for
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A public inspection and copying at the NRC Public Document Room.
7 En'cGiefiiinformation 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, "a
' APPENDICES ~
V Agency records subject to the request are enclosed.
A
- - ~ fiecdrisiu~bject to the request that contain information originated by or of interest to another Federal agency have been 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 I.A - FEES C ~'
AMOUNT You will be billed by NRC for the amount listed.
g None. Minimum fee threshold not met.
I You will receive a refund for the amount listed.
Fees waived.
l a se nts PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
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No agency records subject to the request have been located.
I g-the reasons stated in Part 11.Certain information in the requested records is being withheld from disclosure pursuant to y-Washington, DC 20555-0001.This determination may be appealed within 30 days by writing to the FOIA/PA 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) i J
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9901070020 981217 PDR FOIA LEONARDI99-44 PDR
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's owell NRC FORM 464 Part 1 (6-1996)
PRINTED ON RECYCLED PAPER TNs form was designed using informs 8946/070ozo
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NRC FORM 464 Pirt 14 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE 7tESPONSE TO FREEDOM OF INFORMATION N II "
ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS
~APPENo ES R6 Cords subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under
__ _ 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 classified pursuant to Exec.,0ve Order 12958.
] Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.
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Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.
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Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U.S.C.
2161 2165).
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Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
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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
- y Exemption 4
- The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated.
v g The information is considered to be confidential business (propnetary) information.
The information is considered to be propnetary because it concems a licensee's or applicant's physical protection or matenal control and
- accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).
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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 discovery dunng litigation. Applicable privileges:
Deliberative process: Disclosure of predecisional information would tend to inhibit the open nnd frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional information. There also are no reasonably segregable factual po,tions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.
Attomey work-product pnvilege. (Documents prepared by an attr ney in contemplation of litigation)
Attomey-client privilege. (Confidential communications between an attomey and his/her client)
Exemption 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, 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).
__ (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 identities of confidential sources.
(E) Disciosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines 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 li.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 int rest. The person responsible for the denial are those officials identified below as denying officials and the FOlA/PA Officer for any d:nials that may be appealed to the Executive Director for Operations (EDO).
^ D'ENYING OFFICIAL TITLE / OFFICE RECORDS DENIED I'#[cf[
SImuel J. Collins Director, NRR
~ Appendit B' g
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Appeal must be made in writing within 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 cliarly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 464 Part II (6-1998)
PHiN TED oN RLcVCLED PAPER This form was designed using informs
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,y 1
Re: FOIA-99-044 APPENDIX A RECORDS BEING RELEASED IN THElR ENTIRETY (if copyrighted identify with *)
NO.
DATE DESCRIPTIONHPAGE COUNT) 1.
08/07/98 Letter from John M. Fulton, Boston Edison, to Roberts S.
Wood, NRC/NRR, attaching Affidavit regarding 10 CFR 2.790 information. ( 2 pages) 2.
08/21/98 Letter from Alan Wang, NRC/NRR, to John Fulton regarding Request for Withholding information from Public Disclosure, Pilgrim Nuclear Power Station. (5 pages)
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a, l.y li Re: FOIA-99-044 APPENDlX B RECORDS BEING WITHHELD IN THEIR ENTIRETY l
NO.
DATE DESCRIPTIONI(PAGE COUNT)/ EXEMPTIONS 1.
June /1998 Confidential Offering Memorandum - Boston Edison Pilgrim Nuclear Power Station. (161 pages) EX. 4 i
2.
Undated Draft Purchase and Sale Agreement Between (Buyer) and Boston Edison Company. (59 pages) EX. 4 i
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