ML20202F476

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First Partial Response to FOIA Request for Documents.Records in App a Encl & Being Released in Entirety.App B Records Being Withheld in Part (Ref FOIA Exemption 7C)
ML20202F476
Person / Time
Site: Susquehanna  Talen Energy icon.png
Issue date: 01/29/1999
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Sorensen J
AFFILIATION NOT ASSIGNED
Shared Package
ML20202F480 List:
References
FOIA-99-36 NUDOCS 9902040070
Download: ML20202F476 (7)
v • d • e


Text

_-____-__ _ _ _ _ - _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ .

(

. pRM 464 Part 1 y .S. NUCLEAR REGULATORY COMMISSION t' UIAlt'A RESPONSE Nu;.BER 99436 a[" %

I S RESPONSE TO FREEDOM OF 1

! INFORMATION ACT (FOIA) / PRIVACY RESPONSE r- -

U k*...*h ACT (PA) REQUEST TYPE J REQUESTER DATE Mr. John Sorensen JAll 2 91999 PART 1. -INFORMATION RELEASED No additional agency records subject to the request have been located.

? f

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

0 ' APP $NDICEI Agency records subject te ne request that are identified in the listed appendices are already available for public inspection and copying at the NRC Public Document Room.

r r " APPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for YJ A, B public inspection and copying at the NRC Public Document Room.

~

] Document Room,2120 L Street, NW, Washington, DC. Enclosed is information on how you may obtain acces M Agency records subject to the request are enclosed.

p" referred to that agency (see comments section) for a disclosure determination and direct response to y Q We are continuing to process your request.

[ See Comments.

PART l.A - FEES M oVNT' You will be billed by NRC for the amount listed.

l None. Minimum fee threshold not met.

!$ l {; You will receive a refund for the amount listed. { Fees waived.

4 ggnts PART 1.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

y2 Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part 11.

y- Washington, DC 20555-0001.This

' determination Clearly state on the envelopemay betheappealed and in letter that itwithin is a "FOIA/PA 30 days Appeal? by writing to the FOIA/PA Officer, PART l.C COMMENTS (Use attached Comments continuation page if required)

C'I

$4 l StGNATURE .f REEDOM ot aNf 0HMAllVN AGI AND PFO CY ACT OF tLL '

Ru: sell A.'P MN -

9902040070 990129 '"

PDR FOIA

} [ SORENSEN99-36 PDR ,

l NRC FORM 464 Part 1 (61998) PRINTED ON RECYCLED PAPER This form was designed using informs m

j j' NRC FORM 464 Part it U.S. NUCt. EAR REGULATORY COMMISSION FOIA/PA DATE

  • 7ESPONSE TO FREEDOM OF INFORMATION 99'036 JAN2I W ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS APPEND Es_._,

j Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under a the Exemption No.(s) of the PA and/or the FOIA as ind.cated 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.

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

] Exemption 3: The withheld information is specifically exempted from publ2 disclosure by s'atute indicated.

9Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C.

b 2161 2165).

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

p 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 sechon 552 of Title 5, U.S.C. (the FOlA), except when incorporated into the contract between the agency and the submitter of the proposal.

I 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 propnetary because it concems a licensee's or applicant's physical protection or material control and

"- accounting program for special nuclear material 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).

.]

n Exemption 5: The withheld information consists of interagency or intraager, y records that are not available through discovery dunng LJ htigation. App - vivileges:

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

w deliberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional i information. There also are no reasonabiy segregable factual portions because the release of the facts would permit an indirect inquiry l into the predecisional process of the agency.  !

] Attorney work-product pnvilege. (Documents prepared by an attomey in contemplation of htigation)

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

E Exemption 6: The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly

- unwarranted invasion of personal privacy.  ;

_rr Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s)

L indicated.

I" (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g., it would reveal the scope, direction, and b 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).

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

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

R (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.

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

[ OTHER (Specify)

PART 11.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 1 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 FOIA/PA Officer for any 1 denials that may be appealed to the Executive Director for Operations (EDO). ]

DENYING OFFICIAL

~

TITLE / OFFICE RECORDS DENIED fs ~

  • Regional Administrator, Region I ~ ~ B/I - B/2t ~ ~' - - ~ -'

II:bert J. Miller Guy P. Caputo j Director, Office ofInvestigations~ ~ ~~ ~ ' ' B/25 ~ ~ ~ ~ ~ ~ - ~ 5 ~ ~-- -

. . _ - . . j i

~

~~ ~ ~~ ~

Appeal must be madiin wntindwithin 30 days of receipt of this' response. Appeals should b'e mailed to the FOIA/Privaiy ctiDfficer, U.S. Nuclear Regulatory CoWnission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should j clearly state on the envelope L,id letter that it is a "FOIA/PA Appeal." ,

l PRINTED ON RECYCLED PAPER This form was designed usmg inF orms NRc FORM 464 Part il (64998)

? ,

Re: FOIA/PA-99-036 APPENDlX A RECORDS BEING RELEASED IN THEIR ENTIRETY N_4 DATE DESCRIPTION /(PAGE COUNT)

1. 07/17/98 Letter from C. Hehl to R. G. Byram (3 pages)
2. 04/23/98 E-Mail from K. Modes to Various (1 page)
3. 07/16/98 E-Mail from K. Modes to Various (1 page)
4. 04/16/98 E-Mail from K. Modes to Various (1 page)
5. 04/09/98 NRC Integrated inspection Report (53 pages)
6. 03/31/98 Allegation Disposition Record (4 pages)
7. 03/19/98 E-Mail from K. Modes to Various (1 page)
8. 03/18/98 E-Mail from F. Paul Bonnett to K. Modes (1 page)
9. 03/18/98 E-Mail from K. Modes to Various (1 page)
10. 03/02/98 E-Mail from F. Bonnett to K. Modes (1 page)
11. 02/27/98 Susquehanna Steam Electric Station Summary of Investigations (7 pages)
12. 02/18/98 E-Mail from K. Modes to Various (1 page)
13. 02/05/98 E-Mail from K. Modes to F. Bonnett (1 page)
14. 02/05/98 E-Mail From F. Bonnett to K. Modes (1 page)
15. 02/04/98 NRC Integrated inspection Report 97-10 (6 pages)
16. 01/19/98 E-Mail from K. Jenison to Various (4 pages)
17. 01/16/98 E-Mail from C. Anderson to Various (1 page)
18. 01/05/98 E-Mail from K. Modes to Various (1 page)
19. 12/31/97 NRC Integrated inspection Report 97-09 and Notice of Violation (4 pages)

j l

L Re: FOIA/PA-99-036 APPENDIX A (continued)

RECORDS BEING RELEASED IN THElR ENTIRETY M DATE DESCRIPTION #PAGE COUNT) i

20. No date Briefing Notes (2 pages) i 21, 12/11/97 E-Mail from C. Anderson to Various (1 page)
22. 12/10/97 Allegation Disposition Record (4 pages)
23. 12/04/97 E-Mail from S. Johnson to Various (1 page)
24. No date Atarm Test not performed (1 page)
25. 11/20/97 Memo from K. Jenison to C. Anderson (12 pages)
26. 11/19/97 Allegation Disposition Record (1 page) 1 27, 11/05/97 Memo to: Allegation File RI-97-A-145 (2 pages) l
28. 10/30/97 NRC inspection Report 97-07 (4 pages)
29. 10/30/97 E-Mail from T. Walker to S. Johnson (3 pages)
30. 09/19/97 E-Mail from C. Anderson to Various (3 pages)
31. 08/21/97 Memo to: Allegation File RI-97-A-145 (1 page)
32. 08/05/97 NRC Integrated inspection Report & Notice of Violation 97-04 (3 pages)
33. 07/30/97 E-Mail from P. Swetland to K. Modes (1 page)
34. 07/08/97 E-Mail from S. Johnson to P. Swetland (1 page) i
35. 07/08/97 E-Mail from P. Swetland to Various (1 page) i
36. 07/02/97 Allegation Disposition Record (1 page) l 37. 06/27/97 E-Mail from K. Jenison to P. Swetland (3 pages) j l

! 38. 06/25/97 E-Mail from K. Dolce to Various (1 page) l  ;

I I I i i

I l

Re: FOIA/PA-99-036 APPENDIX A (continued)

RECORDS BEING RELEASED IN THEIR ENTIRETY HQ DATE DESCRIPTION /(PAGE COUNT) 39.' No date Memo from N. McNamara to D. Vito (1 page)

40. 08/25/97 E-Mail from P. Swetland to Various (1 page)
41. 06/25/97 E-Mail from B. McDermott to Various (1 page)
42. 06/23/97 Alleption Disposition Record (3 pages)
43. 06/20/97 E-Mail from M. Modes to Various (1 page)
44. No date Handwritten notes (1 page)
45. No date Handwritten note (1 page)
46. No date Time Line For Allegation No RI-97-A-00145 (1 page) l 47. 04/09/97 Susquebanna Steam Electric Station Enforcement Policy Review (26 pages)
48. No date Draft (7 pages) l l 49. 02/18/98- Letter to C. W. Hehl from R. G. Byram (5 pages)

L 50. 02/18/98 -

Letter to D. Vito from R. G. Byram (3 pages)

51. 03/11/98 Letter to D. Vito from R. G. Byram (3 pages) l l

4 l

Re: FOIA/PA-99-036 i

APPENDIX B RECORDS BEING WITHHELD IN PART i

NO. DATE DESCRIPTION 4PAGE COUNT)/ EXEMPTIONS  !

1. 04/16/98 Letter from David J. Vito to an Individual (2 pages) EX. 7C
2. 04/16.98 Letter from David J. Vito to an individual (2 pages) EX. 7C
3. 03/25/98 Telephone Conversation Record (1 page) EX. 7C
4. 01/15/98 Telephone Conversation Record (1 page) EX. 7C
5. 12/05/97 E-Mail from K. Modes to Various (1 page) EX. 7C
6. 11/15/97 Letter from David J. Vito to an Individual (2 pages) EX. 7C
7. 10/03/97 Telephone Conversation Record (1 page) EX. 7C 1
8. 09/23/97 Letter from David J. Vito to an Individual (1 page) EX. 7C
9. 07/17/97 Facsimile from B. McDermott to David Vito (2 pages) EX. 7C
10. 06/26/97 Letter from David J. Vito to an Individual (3 pages) EX. 7C
11. 06/26/97 Letter from David J. Vito to an Individual (3 pages) EX. 7C
12. 06/25/97 Memo to Allegation File No. RI-97-A-145 from B. McDermott (3 pages)

EX.7C

13. 06/25/97 Telephone Conversation Record (1 page) EX. 7C
14. 06/20/97 E-Mail from K. Dolce to Various (1 page) EX. 7C
15. 6/20/97 Employee Receiving Allegation or Suspecting Wrongdoing (2 pages) EX.

l 7C

16. 6/20/97 Employee Receiving Allegation or Suspecting Wrongdoing (2 pages) EX.

7C

17. No date Memorandum of Call (1 page) EX. 7C
18. No date Handwritten notes (2 pages) EX. 7C
19. No date Letter from David J. Vito to an Individual (3 pages) EX. 7C

4 . .

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l Re: FOIA/PA-99-036 APPENDIX B RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNTl/ EXEMPTIONS '

20. No date Letter from David J. Vito to an Individual (3 pages) EX. 7C
21. No date Letter from David J. Vito to an Individual (3 pages) EX. 7C
22. 02/10/98 Corporate Audit Services, Job Number 739459-2-98 (7 pages) EX. 7C
23. 10/16/97 Corporate Audit Services, Job Number 739459-97 (8 pages) EX. 7C
24. 12/01/97 Corporate Audit Services, Job Number 739459-1-97 (8 pages) EX. 7C
25. 06/24/98 01 Report 1-97-048 (18 pages) EX. 7C l

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