ML20203B900
| ML20203B900 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Indian Point, Sequoyah, Arkansas Nuclear, Columbia, Limerick, River Bend, Waterford, Cook, Comanche Peak, Maine Yankee, FitzPatrick  |
| Issue date: | 02/08/1999 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Gunter P NUCLEAR INFORMATION & RESOURCE SERVICE |
| Shared Package | |
| ML20203B905 | List: |
| References | |
| FOIA-99-76 NUDOCS 9902110077 | |
| Download: ML20203B900 (7) | |
Text
,
4 NRC FORM 464 Part I
( )
U.S. NUCLEAR REGULATORY COMMISSION l-VIAIVA RESPONSE NUMBER
["'%g(Q/'
(6 1998)
F 99-076 1
RESPONSE TO FREEDOM OF a
S I
INFORMATION ACT (FOlA) / PRIVACY
RESPONSE
k*.. e/
ACT (PA) REQUEST TYPE Y
REQUESTER DATE i
Mr. Paul Gunter H? 9 8 Y PART l. -INFORMATION RELEASED -
{] No additional agency records subject to the request have been located.
] Requested records are available through another public distribution program. See Comments section.
j
' APPENDICES ~ Agency records subject to the request that are identified in the listed appendices are already available for A
- public inspection and copying at the NRC Public Document Room.
t APPENDICE S y
'c Agency records subject to the request that are identified in the listed m;pendices are being made available for
~
B
, pubhc inspection and copying at the NRC Public Document Room.
~Endisedis~information on how you may obtain access to and the charges for copying records located at the NRC Public y- - Document Room,2120 L Street, NW, Washington, DC.
d.
APPENDICES'-- Agency records subject to the request are enclosed.
g, g
- ~Recordsiubject 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.
m Q We are continuing to process your request.
] See Comments.
PART 1.A - FEES C
~'
"~ You Will be billed by NRC for the amount listed.
None. Minimum fee threshold not met.
AMOUNT I
You will receive a refund for the amount listed.
y Fees waived.
j Nd7ta7" _
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 pursuan This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission,
-y-Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."
PART 4.C COMMENTS (Use attached Comments continuation page if required) 1 l
D f
ll bl0NA1URL t Ht1DUM OF $NeUNMAliUN AGI
'HivALY CI Of FILt.M Russell A.
o 9902110077 990200 PDR FDIA GUNTER99-76 PDR NRc FORM 464 Part 1 (6-1998)
PRINTEo ON RECYCLED PAPER This form was designed using informs u
NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE f
%SPONSE TO FREEDOM OF INFORMATION 99-076 m08W ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A-APPLICABLE EXEMPTIONS
.ND Records subject to the request that are described in the enclosed Apper. dices are being withheld in their entirety or in part under a ' 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 properly classified pursuant to Executive Order 12958.
] Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.
{~1 Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.
rq Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S C.
u 2161-2165).
] Section 147 of the Atomic Energy Act, wnich prohibrts 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 i 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.
[~1 Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s)
L
. indicated.
] The information is considered to be confidential business (proprietary) information.
- The information is considered to be proprietary because it concerns a licensee's or applicant's physical protecticn or material control and accounting program for special nuclect matenal pursuant to 10 CFR 2.790(d)(1).
] The information wss submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
Exernption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during
)
litigation. Applicable privileges:
~~" Deliberative process: Disclosure of predecisional information would tend to inhibit the open and 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 portions 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 attomey in contemplation of litigation)
~~
Attomey-client privilege. (Confidential communications between an attorney and h:s/her client) 1 y Exemphon 6: The withheld,information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvocy.
~'
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 possib!y 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 privacy.
- (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal l
identities of confidential sources.
j
- (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.
~ 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 th;t 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 dental are those officials identified below as denying officials and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
DEU ING OFFICIAL TITLE / OFFICE
' RECORDS DENIED I[ofs
~
{,2;,'berman
' Director, Office of Enforcement
" C/l
~ ~ - ~ ~ ~
l
.--..,..-._,a_..
-m-
-, + -
Ahp'~a'l'r5st be made in writing within'30 d'ays of receipt of th'is response. Appeals should be mailed to the FOIA/ Privacy Act Officer,
~
~
e U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should l
cle rly state on the envelope and letter that it ir a FOIA/PA Appeal."
]
j NRC FORM 464 Part 11 (6-1698)
PRINTED oN RECYCLED PAPER This form was designed using inForrns I
.__m.
l Re: FOlA/PA-99-076 APPENDlX A RECORDS ALREADY AVAILABLE IN THE PDR ACCESSION
- N_Q, DATE NUMBER _
DESCRIPTION /(PAGE COUNT) 1.
04/21/97 9704280086 Letter to USNRC from G. Hunger, PECO Energy Company, Re: Predecisional Enforcement Conference (2 pages) 2.
04/29/97 9705070008 Letter to D. Smith, PECO Energy Company
]
from C. Hehl, Re: NRC Investigation Report Nos.1-96-006 and 1-96-033 (5 pages) 3.
06/26/97 9707010019 Letter to J. McGaha, ENTERGY Operations, Inc., from T. Gwynn, Re: NRC inspection Report 50-458/97-08 and Notice of Violation ( 37 pages) l i
4.
07/31/97 9708200148 Enforcement Notification (EN 97-065) Re:
Proposed imposition of Civil Penalty to PECO Energy Company (1 page) 5.
08/05/97 9708070026 Letter to S. Kelley from A. Thadani, Re:
NRC Investigation Report 1-96-033 ( 4 pages) 6.
09/06/96 9609100018 Letter to J. Yelverton, ENTERGY Operations, Inc., from K. Brockman, Re:
NRC Closure of 01 Report 4-95-004 (4 pages) i 7.
09/19/97 9709220150 Letter to W. McFarland, PECO Energy Company, from J. Lieberman acknowledging receipt of a civil penalty (1 page) l i
4
4-(
Re: FOIA/PA-99-076 APPENDlX B RECORDS BEING RELEASED IN THEIR ENTIRETY MQ DATE DESCRIPTION /(PAGE COUNT) 1.
06/07/95 Memo to J. Martin, W. Russell, J. Goldberg from J. Gray,
Subject:
01 Report 3-93-001 (2 pages) 2.
06/09/95 Memo to L. Callan, W. Russell, J. Goldberg from J. Gray,
Subject:
01 Report 4-05-013; Re: Arkansas Nuclear One (1 page) 3.
06/15/95 OE concurrence slip (1 page) 4.
.06/29/95 Memo to T. Martin, W. Russell, J. Goldberg from J. Lieberman,
Subject:
Ol report 1-95-012 (1 page) 6 5.
11/20/95 Memo to L. Callan, W. Russell, J. Goldberg from J. Gray,
Subject:
01 Report 4-95-032 (1 page) 6.
01/29/96 Memo to L. Callan, W. Russell, J. Goldberg from J. Gray,
Subject:
01 Report 4-95-035 (2 pages) 7.
02/12/96 Memo to L. Callan, W. Russell, J. Goldberg from J. Gray,
Subject:
)'
01 report 4-95-047 (2 pages)
- 8. -
02/14/96 NRC Office of Enforcement Tasking Document with several handwritten notes (1 page) 9.
02/16/96 E-mail to G. M. Vasquez from M. Satorius Re: W3 Ol Reports (1 page) 10.
02/23/96 Memo to L. Callan, W. Russell, J. Goldberg from J. Lieberman,
Subject:
01 Report 4-95-044 (2 pages) 11.
04/09/96 Memo to L. Callan, W. Russell, J. Goldberg from J. Lieberman, j
Subject:
01 Report 4-95-070 (2 pages) 12.
05/20/96 OE Understanding and EA Request Form Re: EA 96-178 (1 page) 13.
05/22/96 Memo to L. Callan, W. Russell, J. Goldberg from J. Gray,
Subject:
01 Report 4-95-004 (2 pages) l 14.
06/06/96 OE understanding and EA Request Form Re: EA 96-178, Enforcement action against Entergy Operation, Inc. (1 page) j i -
~ _..
E.
I Re: FOIA/PA-99-076 i
APPENDIX B j
(continued) 1
. RECORDS BEING RELEASED IN THEIR ENTIRETY N_Q DATE DESCRIPTION /(PAGE COUNT) 15.
_08/29/96 Note to file by M. Satorius Re: EA 96-178 and Ol report 4-95-004 (1 page) 16.-
10/16/96 Memo to A. Beach, F. Miraglia, J. Goldberg from J. Lieberman,
Subject:
01 Report 3-96-032 (1 page) j 17, 12/24/96
- Memo to S. Ebneter, F. Miraglia, J. Goldberg from J. Lieberman,
Subject:
Ol Report 2-96-008 (2 pages) l 18.
02/12/97 Memo to L. Reyes, F. Miraglia, J. Goldberg from M. Satorius,
Subject:
01 Report 2-96-009 (2 pages) 19.
03/11/97 Request & Enforcement Strategy Form Re: EA 97-115, Enforcement action against PECO Energy Company (1 page) 20.
03/17/97 Memo to H. Miller, S. Collins, and J. Goldberg from J. Lieberman,
Subject:
01 Report 1-96-033 (2 pages) i i
21.
03/18/97 Request & Enforcement Strategy Form Re: EA 97-115,
. Enforcement action against PECO Energy Company (1 page) 22.
04/15/97 Note to Various Individuals from Gary Sanborn, Enforcement Officer,
Subject:
014-97-003, Entergy/ River Bend, issued 4/11/97 i
(1 page) 23.~
04/18/97 EA Request & Enforcement Strategy Form Re: 97-184, t
Enforcement Action against Entergy Operations, Inc. (1 page) 24.
04/23/97-
~ Memo to E. Merschoff, S. Collins, J. Goldberg from M. Satorius, l
Subject:
Ol Report 4-97-003 (1 page) 25.
06/02/97 Re: Presentation Slides by Limerick Generating l
Station, Predecisional Enforcement Conference (14 pages).
i
- 26. -
06/03/97/
EA Request & Enforcement Strategy Form Re: EA 97-115 Enforcement Action against PECO Energy Company (1 page) j 27.
06/03/97 EA request & Enforcement Strategy' Form Re: EA 97-282, Proposed Enforcement Action against an individual (1 page)
E II
e h
Re: FOIA/PA-99-076 APPENDlX B (continued) '
RECORDS BEING RELEASED IN THElR ENTIRETY M
DATE DESCRIPTION #PAGE COUNT) 28.
06/26/97 Letter to John R. McGaha, Vice President - Operations, River Bend Station from Thomas P. Gwynn, Director, Division of Reactor Projects,
Subject:
NRC Inspection Report 50-458/97-08 and Notice of Violation (35 pages) 29.
09/04/97 invoice and copy of check for payment of Civil Penalty (EAs97-050 and 97-115) (2 pages) with attached letter to Director, Office of Enforcement from W. McFarland with attachment,
Subject:
Reply to Notice of Violation and Payment of Civil Penalty (9 pages) 30.
10/24/97 Memo to E. Merschoff, S. Collins, J. Goldberg from J. Lieberman,
Subject:
01 Report 4-97-027 (1 page) l l
i l-l
4
!:(
Re: FOlA/PA-99-076 i
APPENDIX C RECORDS BEING WITHHELD IN PART I
l
)
HQ, DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS
]
1.
08/05/97 Excerpt of letter to S. Kelly from A. Thadani Re: NRC Investigation Report 1-96-33 (1 page) EX. 6 l
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