ML20198S166

Final Response to FOIA Request for Documents.Records Encl & Identified in App C & D.App E Records Withheld in Part & App F Records Withheld in Entirety (Ref FOIA Exemption 5) & App G Records Withheld in Entirety (Ref FOIA Exemptions 4 & 5)

ML20198S166
Person / Time
Site:	Seabrook, Vermont Yankee, Yankee Rowe, Trojan
Issue date:	12/17/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Block J CITIZENS AWARENESS NETWORK
Shared Package
ML20198S170	List: ML20198S166 ML20198S285 ML20198S383 ML20198S416 ML20198S434 ML20198S456 ML20198S485 ML20198S492 ML20198S527 ML20198S568 ML20198S613 ML20198S664
References
FOIA-98-175, PROJECT-689 NUDOCS 9901110192
Download: ML20198S166 (7)

Text

NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION t UIAIPA RESPONSE NuMBF.R (6-1998)98-175 I

1. ["'% RESPONSE.TO FREEDOM OF 2

f INFORMATION ACT(FOIA)/ PRIVACY RESPONSE ACT (PA) REQUEST TYPE g- AL k+ . . e/

{ REQUESTER DATE Jonathan M. Block ,DEC 17 1996 PART 1. -INFORMATION RELEASED

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

E

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

r [ APPENDICES Agency records subje - t to the request that are identified in the listed appendices are already available for l C i public inspection and copying at the NRC Public Document Room.

'hPPENDICES Agency records subject to % request that are identified .n the listed appendices are being made available for i D,E,G l public inspection and copying at the NRC Public Document Room.

F~] "5nclosed isir$ formation 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.

re I4PPENDICES~

eM; p ,! Agency records subject to the request are enclosed

~~

~'

-- Rec 5Idis~u~bject to the request that contairi 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.

~~ We are continuing to process your request.

See Comments.

PART 1.A - FEES TAMouNT' ~ - - You will be billed by NRC for the amount listed.

~

None. Minimum fee threshold not met.

I You will receive a refund for the amount listed. Fees waived.

• sgoTeipna f

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 pursuant to th y- Washington, DC 20555-0001.This determination may be appealed within 30 days by wnting to the FOIA/PA Offic Clearly state onjhe envelope and in the letter that it is a "FOIA/PA Appeal."

PART l.C COMMENTS (Ug attached Comments continuation page if required) h.N !

9901110192 981217 PDR FOIA BLOCK 99-175 PDR MmuRb FREEDOM O MOBMAliON AGI ANU PRpfACVAC'l OFFIGLH

'- Q t well Russell Do,, ( , (,/ - /),yU u

i NRC FORM 464 e art 1 (61998) PRINTED oN RECYCLED PAPER This for.TI was designed using informs UllY QQ?.,

a

t NRC FORM 464 Part 16 U.S, NUCLEAR REGULATORY COMMIS$10N FOIA/PA DATE "NESPONSE TO FREEDOM OF INFORMATION 98-17s DEC D g ACT (FOIA) / PRIVACY ACT (PA) REQUEST

. APPFND'CES _ PART ll.A - APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under bbk 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 property classified pursuant to Executive Order 12958

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

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

~

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

~

2161-2165).

Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassif ed Safeguards information (42 U.S C. 2167).

T 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 g- Exemption 4: The withheld information is a trade secret or commert,ial or financial information that is being withheld for the reason (s) indicated.

y The information is considered to be confidentaal business (proprietary) information.

The information is considered to be propnetary because it concems a licensee's or applicant's physical protection or material control and ,

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

~' The information was submitted by a foreign cource and received in confidence pursuant to 10 CFR 2.790(d)(2).

y Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng litigation. Apolicable pnvileges:

y Deliberative process

Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the y

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 portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.

y Attomey work-product privilege. (Documents prepared by an attomey in contemplation oflitigation) y Attomey-client pnvilege. (Confidential communications between an attorney and his/her client)

Exemption 6: The withhold 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 enforcemeut 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 consiste of names of individuals and other information the disclosure of which could reawonably be expected to reveal identities of confidential sources.

(E) Disclosure would reveal techniques and procedures for law enforcement investsations 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 ll.B -- DENYING OFFICIALS Pursuant to 10 CFR 9.25(g),9.25(h), and/or 9.65fb) of the U.S. Nuclear Regulatory Commission regulations, it has been determined th1t 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 denials that may be appeal'd to the Executive Director for Operations (EDO).

DENYING OFFICIAL 'llTLE/ OFFICE RECORDS DENIED Useph R. Gray Associate General Courisel for Hearings, ' Appendix F .p Enforcement and Administration v Samuel J. Collins ' Director, NRR ~ ' Appendices E & G ppeal 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 offcial(s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal?

NRc FORM 464 Part it (6-1998) PRiN RED oN RECYCLED PAPER This form was designed using inf orms

L

4 Re

FOIA-98-175 APPENDIX C' l RECORDS ALREADY AVAILABLE IN THE PDR ACCESSION NO. DATE NUMBER DESCRIPTION /(PAGE COUNT) l l 1. 08/10/94 9508170394 Letter from T. Dignan to C. Mullins.

subject: Citizens Awareness Network v.

NRC. (1 page)

2. 03/01/96 9603060160 Letter from M. Fairtile to R. Mellor, subject: Pre-Notification of Pending Start oi New Activities. (4 pages) l l

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l, Re: FOlA-98-175 APPENDIX D RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)

NO. DATE DESCRIPTION /(PAGE COUNT) I i

1. 05/07/93 Letter from D. A. Stewart-Smith to Dr. E. Gail de Planque l regarding decommissioning of the Trojan plant. (1 page) l 2. 02/26/98 E-mail from S. Lewis to Brian Richter, Raj Auluck and Susan Uttal, subject: Impact of New Decommissioning Funding rule on Great Bay, attaching e-mail from Robert Wood to Brian McCabe, same subject. (3 pages) l l 3. 03/20/98 E-mail from S. Lewis ~ to Karen Cyr, Stephen Burns, Jack i Goldberg, Larry Chandler and Stuart Treby attaching I background information on NEl meeting. (8 pages) i l

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Re: FOIA-98-175 APPENDIX E RECORD BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 03/31/98 E-mail from Stephen Lewis to Robert Wood, (1 page),

released, with attached e-mail from Michael Masnik (using J. Vincent Everett's computer) to Stephen Lewis, regarding decommissioning funding, (1 page), withheld, EX. 5.

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. I Re: FOIA-98-175 APPENDIX F RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTIONNPAGE COUNT)/ EXEMPTIONS l

1. 08/31/94 E-mail from Charles Mullins to E. Leo Slaggie subject:

Accidents 2. (1 page) EX. 5, Attorney-Work Product

2. 09/28/94 Memo from Charles Mullins to Martin Malsch, subject:

Analysis of Steam Generator Removal Under 10 CFR 50.59 by Yankee Atomic During Yankee Rowe Decommissioning, with attached background information in preparation of litigation. (20 pages) EX. 5, Attorney-Work Product

3. 11/06/97 E-mail from C. Reamer to Janice Moore and Ann Hodgdon regarding CAN's 10/24 letter on Yankee LTP. (1 page) EX.

5, Attorney-Work Product

4. 11/06/97 E-mail from C. Reamer to Morton Fairtile regarding CAN's 10/24 letter on Yankee LTP - Reply - Reply. (1 page)

Attorney-Client Privilege

5. 03/30/98 E-mail from Stephen Lewis to R. Woods, M. Masnik, S.

Uttal, and C. Feldman, subject: Decommissioning Cost l Estimates-Reactors, with attached 03/31/98 e-mail from S. l Lewis to C. Feldman, S. Uttal, M. Mendonca, M. Markley and R. Wood, transmitting unsigned draft from S. Treby to J.  !

Hickey. (7 pages) EX. 5, Attorney-Client Privilege 1

6. 04/01/98 Memo from Stuart Treby to John Hickey, subject: Power Reactor Decommissioning Site-Specific Cost Estimates and Financial Assurance Funding Levels. (5 pages) EX.5, Attorney-Client Privilege

o.

e Re: FOIA-98-175 APPENDIX G RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. July /93 EDCR No. 93-302: Steam Generators and Pressurizer Removal Component Removal Project 1993. (133 pages)

EX.4

2. 08/13/93 EDCR No. 93-303: Reactor Vessel Internals Segmentation Component Removal Program 1993. (203 pages) EX. 4

3. 07/22/93 Input to inspection Report 50-29/93-05. (2 pages) EX. 5, DELIBERATIVE PROCESS 1

4. 08/25/94 E-mail from Charles Mullins to E. Leo Slaggie, subject.

Accidents. (1 page) EX. 5, ATTORNEY-WORK PRODUCT l

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