ML20205C370

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Final Response to FOIA Request for Documents.App a Documents Encl & Available in Pdr.App B Records Being Completely Withheld (Ref FOIA Exemption 5)
ML20205C370
Person / Time
Site: Saint Lucie NextEra Energy icon.png
Issue date: 03/29/1999
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Raleigh D
BECHTEL POWER CORP.
Shared Package
ML20205C374 List:
References
FOIA-99-106 NUDOCS 9904010171
Download: ML20205C370 (4)
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{{#Wiki_filter:u j ^ 3 NRC FORM 464 Part i U.S. NUCLEAR AEGULATORY COMMISSION PUIAWA RESPONSE Nu2BER (3 1996) 

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f" RESPONSE TO FREEDOM OF ' 99-106 1 

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5 E l INFORMATION ACT(FOIA)/ PRIVACY RESPONSE 

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  • ACT (PA) REQUEST TYPE N REQuESrER oATE Ms. Deann E. Raleigh WR29tagg PART l. -INFORMATION RELEASED
       ~ No additional agency records subject to the request have been located.

2 l 

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

a 

       " APPENDICES              ' Agency records subject to the request that are identified in the listed appendices are already available for public inspection and copying at the NRC Pubsc Document Room.                                                             ;

I PEND d i Agency records subiect to the request that are identified in the listed appendices are being made available for l A public inspection and copying at the NRC Public Document Room. 

       ' ' ~ ' ' nclored is information 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.                                                                                                      i l                                                                                                                                                               l d

Agency records subject to the request are enclosed. 

                              ~
                 ~R'ehds subhet to the request that contain information originated by or of interest to another Federal agency have been
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         - referred to that agency (*.se c3mments section) for a discles are determination and direct response to you.

l We are continLing to process your request. See Comments. PART l.A - FEES ApoVNT You will be billed by NRC for the amount listed. None. Minimum fee threshold not met. 

           $         24.87                 You will receive a refund for the amount listed.            Fees waived for d$7" PART 1.B -INFORMATION NOT LOCATED OR WITHHELD 50M DISCLOSURE
        ] No agency records subject b the request have been located.

3} the r eCertain !.Mction in l'.the requested records is being withheld from disclosure pursuant to the exemptions describe ated in Part y Was 2,ngton, DC 20555 W .: . Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."This PART 1.C COMMENTS (Use attached Comments continuation page if required) The actual fees for processing your request are: Professional Search - .5 hr. @ $36.93 per hr. = $18.47 Duplication - 32 pgs. @ $0.20 per pg. = 6.40 Total $24.87 9 b1 GNAT .FRtLDOM OF INFORMAT N ACI D PRIVACY AGI OF FICt.R Russell A. Po il \ s . 9904010171 990329 PDR FOIA RALEIGH99-106 PDR NRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This form was designed using Informs u  ;

( NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA oATE t 7hSPONSE TO FREEDOM OF INFORMATION 99-106 MAR 2 91999 ACT (FOlA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS 

        " APPENDICES Records subject to the request that are desenbed in the i1 closed Appendices are being withheld in their entirety or in part under a

_ _w 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)). E Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958. mwwp p F] Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC { Exemption 3: The withheld information is specfically exempted from pubt;c disclosure by statute indicated. 

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

2161-2165). 

                  ~ Section 147 of the Atomic Energy Act, which p7hibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

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 Titiu 5, US C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.

Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated. R 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 protection or matenal 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). 

      ;7                 emption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng N                                  litigation. Applicable privileges:

3 Deliberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the VJ 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. - 

                  ~~ Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)

Attomey-client privilep*.. (Confidential communications between an attomey and his/her client) Exemption 6. The withbald information is exempted from public disclosure because its disclosure would result in a clearly , unwarranted invaskan of personal privacy. l Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld fvr the reason (s) indicated. 

                     ~~ (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g., it woulu 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).

lC) Disclosure would constitute an unwarranted invasion of peisonal privacy. (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal identities of confidential sources (E) Disclosure wodd reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that Could reasonably be expected to risk circumvontion of the law. 

                  - (F) Disclosure could reasonably be exp0cted to endanger the life or physical safety of an individual.
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      - 3THER (Specify) l
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PART li.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 that the information withheld is exempt from production or disebsure, ar.d that its production or disclosure is contrary to the public int 3 rest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any dInials that may be appealed to the Executive Director for Operations (EDO). 

                                                         ~

P OFFICIAL ~ DENYING OFFICIAL TITLE /OFFid5 RECORDS DEEIED [gO 

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Dirsfor, NRR~ '-' App,B~ 

                                                                             ~ ' - ' - - ~ ~                                                         ~        -       -

Emnel J. Collins 

                             ~                                         ~~~                   ~

Appeal must be madeIn~w~riting Utilin 30 days of receipt of this response. 'Nppe'als should be maiiedIo the F'OIA/P5aiiy~det Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should cilarly state on the envelope and letter that it is a "FOIA/PA Appeal." NRC FORM 464 Part 11 (6-1998) PRINTED ON RECYCLED PAPER This form was designeo usmg informs l j

l -. k i Re: FOIA 99-106 

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APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY (f copyrighted identify with *) 1 i I NO. DATE DESCRIPTION /(PAGE COUNT)

1. 08/15/97 Memo to J. Zwolinski from J. Johnson; re: Task Interface >

Agreement (TIA 97-018) St. Lucie Unit 1 Environmental Qualification (EO) of the Woodward Governor Controls w/ attachments (32 pages) I

p k FOIA No. 99-106 APPENDIX B RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)lEXEMPTIONS 1 12/10/97 Memo to F. Hebdon, NRC from J. Calvo, NRC Re: Task Interface Agreement St. Lucie Unit 1 Environmental Qualification of the Woodward Governor Contro!s (6 pages) Exemption 5 ) { i i}}

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