ML20203A035

Sixth Partial Response to FOIA Request for Documents. Documents Listed in App G Withheld in Entirety (Ref FOIA Exemption 5)

ML20203A035
Person / Time
Issue date:	02/19/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Jim Hickey SHAW, PITTMAN, POTTS & TROWBRIDGE
References
FOIA-97-365 NUDOCS 9802230250
Download: ML20203A035 (3)

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U.S. NUCL E AR REGULA10RY COMMISSION Nnc >osa stuvist NuMetHisi s Qtb F OlA 365

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[ T l' RESPONSE TO FREEDOM CF Ima' IX l'^an't (dtM ReseoNse Tves

'g.ee.e INFORMATION ACT (FOIA) REQUEST IEBfig1993 o*"

DOCALi NUYBE MtSiIlf apptrablel RE QUE 51L M J. Patrick Hickey PART 1.-AGENCY RECORDS RELCASED OR NOT LOCATED ($ce checAed bomes)

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No agency records subject to the reque4t have been located.

No cdditional 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 Appendiates) are already available for public inspection arxl copying at the NRC Public Document Room,2120 L Street, N.W.. Washington, DC.

Agency records subject to the request that are identified in Appendiates) are being made available for public inspection and copying at th3 NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

The nonproprietary version of the proposal (s) that you agreed to accept in a toephone conversation with a mer@er of my staff is now being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N W., Washington, DC, in a folder under this FOI A number.

Agency records subject to the tequest that are identified in Appendin(es) may be inspected and copied at the NRC Local Public Document Room ittentified in the Comments section.

Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Strdt[

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N.W.. Washington, DC.

Agency records subject to the request are enclosed.

Records subject to the request have been referred to another Federai agencylies) for review and direct response to you.

Feen You will be billed by the NRC for fees totaling $

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

In vi2w of NRC's response to this request, no further action is be ng taken on appeal letter dated

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PART lt. A-INFORMA? TON WiIHHELD FROM PUBLIC DISCLOSURE Ccrtlin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated z

in P:rt 11, B, C.and D. Any released portions of the documents for which only part of the record is being withheld are being madr available for public inspection and copying in the NRC Pvblic Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOl A number, COMMENTS I

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l PART 11.8-APPUCABLE EXEMPTIONS Records subject to the request that are dwebed in the enclocad Appendix (es) are being withheld in their entirety or in part under the E emptlor No.(s) and for the ruson(s) ginn below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulat%ns.

1. The withheld enformation to property classified purauant to Executive Order (Exemption il

2. The withhe J mformation volates solely to the enternal personc euses and procedur6s of NRC. (Exemption 2) l l3. The wethheld mformation is specifically esempted from pubhc disclosure by statute mdicated. (Exempton 3)

Sections 141 145 of the Atomic Energy Act, whech proh! bits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S C. 21612165L Secten 147 of the Atomic Energy Act,which prohibits the disclosure of Unclass fM S.feguards information (42 U.S C. 2167).

4. The withheld mformation is a trade secret or commerciel or fmancial information that is bemg withheld y lhe reason (s) indicated. (Exemption 4)

The informaten es considered to be conhdential busmest lproprietary) mformation The mformation is considered to be proprietary mformation pur*uant to 10 CFR 2.790mit The information was submrtted and received m conhdence puesuant to 10 CFH 2 790(dH2)

X [ The withheld mformaten consists of interacency or mirangency records that are not available through dvs:ove y dueing htigsten (Esemption 5). Applicable Privdege:

' etteratsve Process. Disclosure of predecisional mformation would teno to chitnt the open and frans e change of ideas essential to the deliberative process D

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Where records are withheld en their entirety, the f acts are mentricably mtertwined with the predecisonalinformaten There also are no reasonably segregable f actual portiotte because the release of the f acts would permit an mdirect mouiry mto the predecisional process of the agency X

Attorney work product privilerge # Documents psepared by an attorne a m contemptation of titigatior; I X

Attomey chent privuega. (Confidential communications betweer en attorney and hisMer chentJ

6. The withheld mformaten is ousmpted h m public disclosure because stS disclosdre would result m si clearly unwarranted invasion of persor'al pfivacy. (Exemption $

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7. The withheld mformatson consists of records compded for saw enforcement purposes and is bemg withheld for the reasontsi mdecated (Exernption 7)

Disclosura could reasonably be supacted to interfere with an enforcement pror:ending because it could roul the scope. direction, and focus of enforcement efforts, and thus could powbly allow recipients to take action to shield potential weringdomg or a vio!ation of N'tC requerenients from Investigators. (Enemption 7 (AH Disclosure woulti constitute an unwarrantei Sion of personal privacy. (Ememption 7(Cl)

The mforniation consists of names of individuris ano other inf ormation the desciosu e of whwh could reasonant, be emoccted to reveal dent' ries of r

confederstial sources, (Exemption 7 (Dl) i)THt R l

PART 16. C-DENYINu OFFICIALS l'ursuant to 10 CFR 925(b) and/or 9.25(c) of the U S. Nucisar Regulatory Commiss.on repatrons, it has been determ ned that the information withheld s exempt from pro.

duction or disclosure, and that its production or dnclosure is contrary to the pubhc mterest The persons responsitue for the den al are those ofbeiais identified betow as denymg officiais and the Director. Division of Freedom of Information and Pubhcations Services. Of fice of Administration. for any denials tnat may be appeated to the Enecutive Director for Opseateos f EDOL l

DINylNG OFFICtAL TITLE; OFFICE RECORDS DENIED APPELL ATE OFFICIAL too rgrigev io lGuyP.Caputo f,Mn]t7n7 Of Appendix G/l X

lHubertJ.fiiller Regionai Administrator RI Appendix R 2 L

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l PART 11. D-APPEAL RIGHTS i

The amas ey each denymg officies alentified in Part ll.C may De soposied to the Aposuste Offea, centified tnew M sact acces mur na maue m wrmng mtmn 30 navi e recem of this resounne. Aposais must be addressed, as sooropriate. to tne E mecutive D. rector for Operatiom to tne Secretaw o ne Wmmmor or to tne sasoectre Genere, u S Nuc er Rwatory Commiss.or, Washer gton, DC 20555. and should creerW state on t% enve4 ope er,o in tne setter that r 4 e "ecc e wo-e m+ai FM Dos u N4C FORM 464 (Part 2) (1-91)

U.S. NUOLEAR REGULA TORY CW%5515

FOlA 97-365 APPENDlX G RECORDS WITHHELD IN THEIR ENTIRETY NQ.

DATE DESCRIPTIOMhPAGE COUNTAEXEMPTIONS 1.

7/23/96 Exhibit 13 to 01: ROI 196-005, E-Mail from D Shar..to to RMatakas

Subject:

01 Case No. 1-96-005 (1 page) EX. 5 ATTORNEY-CLIENT PRIVILEGE

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Undated Exhibit 11 to 01: ROI 1-96-005, Note to Rich from Karla (1 page) EX. 5 ATTORNEY-WORK PRODUCT AND ATTORNEY-l CLIENT PRIVILEGE

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September 19,1997 Mr. Russell A. Powell, Chief Freedom of Information Act/ Local Public Document Room Branch U.S. Nuclear Regulatory Commission Mall Stop T-6 D8 Washington, D.C. 20555-0001 Re:

Freedom of Information Act (FOIA) Request

Dear Mr. Powell,

Pursuant to 5 U.S.C. 6 552 (a)(3) and 10 C.F.R. 6 9.23, I am requesting all documents relating to the investigation by the NRC Region i Office of Investigations of Case No. 1-96-005 (allegations related to Vermont Yankee).

I agree in advance to pay any reasonable fees associated with this request.

Thank you for your prompt attention to this request.-I look forward to your response within ten (10) dajs, as required by NRC and FOIA regulations.

Sincerely, J. Patrick Hickey (

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