ML20202D810

Fourth Partial Response to FOIA Request for Documents. Documents Listed in App E,Being Released in Entirety. Documents Listed in App F,Being Released in Part (Ref FOIA Exemption 7C)

ML20202D810
Person / Time
Site:	Saint Lucie
Issue date:	01/28/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Barton E AFFILIATION NOT ASSIGNED
Shared Package
ML20202D814	List: ML20202D810 ML20202D837 ML20202D884
References
FOIA-97-484 NUDOCS 9802180011
Download: ML20202D810 (4)

Text

7 w. .%#. . , , .,wim.m.cr ~,, m ,u,wumi mot Am pf)Jvko f , ,, Kt Ff"\ 484 xtseoNst ryes 1 RESPONSE T3 FREEDOM OF InNu l xi m riat M th) j INFORMATION ACT (FOIA) REQUEST ^"

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RE QUESTE R EriC Barton PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked bones /

No agency records subject to the request have been located.

N3 additional agency records subject to the request have been located.

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

Agency records subject to the request that are identified in Appendiales) are already available for public inspection and copying et the fC.C Public Document Room,2120 L Street, N.W., Washington. DC.

y Agency records subject to the request that are identified in Appendiales) E' are being made available for public inspection and copying c the NRC Public Document Room,2120 L Street, N.W., Washingtnn, DC, in a folder under this F OIA number.

The nonproprietary version of the proposalts) that you agreed to accept m a telephone corwersation with a member of my staff is now bemg made available for public inspection and copying at the N RC Public Document Room 2120 L Street, N.W., Washington, DC, in a folder under this F Ol A number, Agency records subject to the request that are identified in Appendin{es) may be inspected and copied at the NRC Local Public Document Room identified in the Comments section. .

Enctosed N.W., is mformation Washington. DC. on how you may obta,n access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, X Agency records subject to the request are enclosed.

• Records subject to the request have been referred to another Federal agencybes) for review and direct response to you.

Fees l

l You will be billed by the NRC for fees otaling $

You will receive a refund from the NRC in the amount of $

in view of NRC's response to this request, no further action is being taken on appeal letter dated , No.

• j PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certa n information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and hr the reasons stated 5

in Part it B C, and D, Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N W., Washington, DC in a folder under this FOIA number.

COMME NTS

1. Copies of the records identified on Appendix E and the releasable po r onsti of the records identified on Appendix F are enclosed, f f /\l " ,

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.t 9802180011 980128 PDR FOIA BARTON97-484 PDR NRC FORM 464 (Part il (191)

, Fola NUMsselsi oms i' e. RESPONSE TO FRE SM GF INFORMATl5N ACT (FOlA) REQUEST FOIA - 97 4M QNggjgggy f (CONTINUATION) l PART H 8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) F are being withheld in their entirety or in part under the Exemption Nols) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations.

1 The withheld informaten is pro %Iy cleesified pursuant to Esecutive Order. (Enemption 1)

2. The withheld enformaten re'ates solely to the entemal personnet rules and procedures of NRC. (Emempton 2) l l3. The withheld enformation is specifically esempted froer pubiec disclosure by statute indicated. (Enemption 3)

Sections 141145 of the Atomic Energy Act, wh6ch prohibits the disclosure of Restricted Date or Formerly Restr6cted Data (42 U.S.C. 21612165L Section 147 of the Atomac Energy Act, which prohibits the disclosure of Unclassified Safeguards informaten (42 U.S.C. 2167L

4. The withheld mformaten is a trade secret or commercial or fmancial mformation that is being withheld for the reasontal indicated. (Exemption 4)

The mformaten es considered to be confidential busmens (propnetaryl mformation.

The informaten is considered to be propnetary informaten pursuant ta 10 CFR 2,790tditti.

The mformaten was submitted and received m cont.dence pursuant to 10 CFR 2 790tdH2)

6. The withheld information consists of mterogency or mirangency records that are not available through discovery durme litigation IExemption 5). Applicable Privilege:

Deliberative Ptocess- Disclosure of predecisional mformation would tend to mhibit the open and franti enchange of ideas essential to the del i berauve process Where records are withheld m their entirety, the f acts are meutncably mtertweed with the predecisenal mformation There also are no reasonably sei' egable f actual portions because the release of the f acts wouh. permit an indirect mouiry into the predec!ssonal process of the agency Attorney work-product prwi6ege fDocuments prepared by an attorney m contemptation of litigation 1 Attorney chent privilege. (Confidentist communications between an ettorney and his/her client.)

6. The withheid mformation is enempted from public disclosure because its disclosure wousd resuit m a clearty unwarranted mvesion of personal pnvecy (Ememption 65 y 7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheid for the reasonist mdicated (Exemption 7)

Disclosure could reasonably be espected to interfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of enforcement efforts. and thus could possibly allow recipients to take acten to shield potential wrongdomg or a velation of NRC requwements from investigators. (E nemption 7 ( AH y Disclosure would constitute an unwarranted mvesion of personal privacy. (Ememption 7(C))

The mlormation consents of names of mdividuals and other information the descesure of which could reasonably be esoccted to revealidentities of conhdential sources. (Exemption 7 (DH OTHEH l PART H. C-DENYING OFFICIALS Pursuent to 10 CF R L25(b) and'or 9.25(c) of the U S. Nuclear Regulatory Commission regulations, it has been determmed that the inform 1 tion withheld is exempt from pro.

ducten or disclosure, and that its production or d sclosure is contrary to the pubhc mterest. The persons resoonsible for tha denial are those officidits identified below as denymg officials and the Director. Division of Freedom of Informaten and Pubbcat'ons Services. Othce of Admmistration, for any denials that may be appeased to the E xecutive Director for Opystions (EDOF l DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL He9for,al Administrator lo SNW G ILuisA.Reyes RII Annendix F Y l

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{ PART H. D- APPEAL RIGHTS

' ins asnisi oy eacn cenyme 04 cia ioentifiet m Part 04 may os ecocuec to the mouenate Officiai centit eri then- Anv such appeel must be made m writmo ethin 30 days or rece c:

of ttus risponse uppeaes must be addressou. as soprooriate to the E xecu"ve Directo for Operations to tne Secretary of tne Commiss ori. or to the insoector General U.S Nucier-j ruouistoa/ Cnmnnssio- Wammgtom DC 20%5. enc senuid cies iv state on tee envoinoe and m tae lette that it n an "Appest from an fmtisi FOf A necis or/

a Ntw F3"M 44 i Pt e r ' M U.S. NUCLEAR REGULATORY COMMISS40A

, 3 Re: FOIA 97-484 APPENDIX E RECORDS BEING RELEASED IN THEIR ENTIRETY NQ, DATE DESCRIPTION /(PAGE COUNT)

1. 1/16/96 Case Chronology - Ril 95-A-0001 (1 page)

2. 1/10/96 Index of Concerns; St. Lucie; Ril-95-A-0001 (1 page)

3. 4/20/95 Inspection Report;

SUBJECT:

NRC Inspection Report Nos.

50-335/95-08 and 50-389/95-08; Allegation Ril 95-A-0001 (3 pages)

4. 7/26/96 Case Chronclogy - Ril-95-A-0183 (1 page) 4

5. 7/26/96 Index of Concerns; St. Lucle; Ril-95-A-0183 (1 page)

6. 5/11/96 Memo to O. Demiranda from P. E. Fredrickson;

SUBJECT:

St. Lucie (Speakout Related Portions of Allegation Nos., Ril-A 95-0154, Ril-A-95-0183, Ril-A-95-0186) Anonymous Miscellaneous Allegations (4 pages)

7. 4/29/96 Inspection Report;

SUBJECT:

NRC Integrated Inspe:: tion Report Nos. 50-335/96-04 and 50-389/96-04 and Notice of Violation (Rll-95-A-0183) (31 pages) 8.' 07/16/96 Memo to O. DeMiranda from K. P. Barr;

SUBJECT:

Allegation NO: Rll-95-A-0183 (7 pages)

9. 11/17/95 Alleger Identification Sheet (1 page)

10. 5/31/96 Inspection Report;

SUBJECT:

NRC Inspection Report Nos.

50-250/96-05,50-251/96-05,50-335/96-07, and 50-389/96- 1 07 (13 pages) l l

l

+ A,

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Re: FOIA 97-484 APPENDIX F RECORDS BEING RELEASED IN PART HQi DATE DESCRIPTION / (PAGE COUNT) /EYEMPTIONS

1. 1/3/95 Allegation Report; RII-95-A-0001 (1 page)

(Exemption 7C)- '

2. 1/11/96 Letter to-Alleger from B. Uryc;

SUBJECT:

Allegation No. RII-95-A-0001-- Alleged Physical Security Violation at=St. Lucie Nuclear Power Plant (2 pages) (Exemption 7C)

3. 1/10/96 Alleger Identification Sheet (1 page)

(Exemption 7C)

4. 11/_16/95 Allegation Report, RII-95-A-0183 (2 pages)

(Exemption 7C) 5.- 08/09/96 Memo to DeMiranda from Landis,-

Subject:

RII-96-A-0023, 0130, 0162, Questionable Overtime Practices (2 pages) (Exemption 7C)

6. 01/14/97. Case Chronology, RII-96-A-0150 (1 page) 4 (Exemption 7C) 7.- 01/14/97 Index of Concerns, RII-96-A-0150 (3 pages)

(Exemption 7C)

8. 03/12/95 E-Mail from D Collins to O DeMiranda,

Subject:

Security Allegation, with I handwritten note, (1 page) (Exemption 7C) 9.- 03/12/95 E-Mail from D Collins to O Demiranda,

Subject:

Security Allegation (1 page)

(Exemption 7C)

10. 12/05/95 Alleger Identification Sheet (1 page)

(Exemption 7C)