ML20206F322

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Second Final Response to FOIA Request for Documents.Forwards Documents Listed in App B Maintained in PDR Under Request Number 99-134.Documents in App C Being Released in Part (Ref FOIA Exemptions 6)
ML20206F322
Person / Time
Site: Quad Cities  Constellation icon.png
Issue date: 05/04/1999
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Graber L
NUS CORP.
Shared Package
ML20206F324 List:
References
FOIA-99-134 NUDOCS 9905060081
Download: ML20206F322 (4)
v • d • e


Text

ce NRC rurum 464 Part i U.S. NUCLEAR REGULATORY CC-- EMN P UIArt'A RESPONSE NutABER Diese)

( N Y,99-134 2

  1. ["'*% n RESPONSE TO FREEDOM OF I

INFORMATION ACT (FOlA) / PRIVACY RESPONSE k* . . . *)l REQUESTER ACT (PA) REQUEST TYPE DATE Q FINAL {} PARTIAL I

Mr. Lyle Graber M0 4 W PART 1. -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.

O

  • i M 58 Agency records subject to the request that are identified in the listed appendices are already available for public inspection and copying at the NRC Public Document Room.

MNDIC$F Q B&C Agency records subject to the request that are identified in the listed appendices are being made available for public inspection and copying at the NRC Public Document Room.

]- 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 Street NW, Washington, DC.

Q Agency records subject to the request are enclosed.

R Records subject 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.

~

We are continuing to process your request.

See Comments.

PART l.A - FEES WONY '

Q You will be billed by NRC for the amount listed. ] None. Minimum fee threshold not met.

$ 318.85

] You will receive a refund for the amount listed. ] Fees waived.

'imar""

PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

[ No agency records subject to the request have been located. l Q' the reasons stated in Part 11.Certain information in the requested records is being withheld from disclosure pursuant l

Q This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a *FOIA/PA Appeal."

PART l.C COMMENT 5 (Usw attached Comments contmuation page if required) l The actual fees for the processing of your request are:

ProfessionalSearch -

4 hrs.15 mins @ $36.93 per hr. = $157.02 )! )

Professional Review -

I hr. 55 mins. @ $36.93 per hr. = 71.03 1 1 Duplication - 454 pgs. @ $0.20 per pg. = 90.80 q Total $318.85 i

SIGNArvRE . f EDOM INF TION ACT PRfVACY ACT R i Russell . Powell , m f G Y 9905060081 990504 PDR FOIA I

, ORABER99-134 PDR

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NRC FORM 464 Part 1 (s.1996) PRINTED ON RECYCLED PAPER TNs form was dessned using Informs

g NRC FORM 464 Part in U.S. NUCLEAR REGULATORY COMMISSION FO!A/PA DATE s TSPONSE TO FREEDOM OF INFORMATION N N AY 0 41888 ACT (FOIA) / PRIVACY ACT (PA) REQUEST

'APPrNDicN- PART II.A - APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under C the Exemption No.(s) of the PA and/or the FOIA as indicated below ($ U.S.C. 552a and/or 5 U.S.C. 552(b)).

] Exemption 1: The withheld information is property classified pursuant to Executrve 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 public disclosure by statute indicated.

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

LJ 2161 2165).

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

0 41 U S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in *he possession and control of an 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 submrtter of the proposal.

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

{] The informatson is considered to be confidential business (proprietary) information.

p The information is considered to be propnetary because it concems a licensee's or applicant's physical protection or matenal control and J accounting program for special nuclear matenal 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).

rq Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng L litigation. Apphcable privileges:

r-La] 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.

] Attorney work-product privilege. (Documents prepared by en attomey in contemtdation of litigation)

] Attomey-chent privilege. (Confidential communications between an attomey and his/her client) 3 Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly m unwarranted invat%n of personal privacy.

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

r]

E (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e 9., it would 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).

] (C) Disclosure would constitute an unwarranted invasion of personal pnvacy.

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

O (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.

II (F) Disclosure could reasonably be expected to endanger the hfe or physical safety of an individual.

[I OkHER (Specify)

PART ll.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g),9.25(h thct the information withheld is exem),pt from production or disclosure, and that its production or disclosure is con int:r:st. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any deni:!s that may be appealed to the Executive Director for OperaSons (EDO).

DENYING OFFICIAL l TITLE / OFFICE

] 7 UORDS D5NIEIf ((gYg[cyy$'

S$mEi J. Collins }Diredor;NRR ~~ ~ -- --- App C' - ~~ ~ ~-- *-"

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Appeal must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer.

U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should clearly ctate on the envelope and letter that it is a "FOIA/PA Appeal."

l NJ.C FORM 464 Part il (5-1998) PRINTED ON RECYCLED PAPER This form was designed using informs

.\

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Re: FOlA-99-134 APPENDIX B RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION /PAGES

1. 10/16/97 Court Case: Gregory Halsey v. Califomia Energy Company, No.

96-16229, (4 pgs.).

2. 11/25/98 Memo to R. Pulsifer from T. Essig, subject: Addendum to Safety Evaluation for the Proposed Merger of Calenergy and MidAmerican and the Indirect Transfer of Licenses for Quad Cities Units 1 & 2, (2 pgs.).

4

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's Re: FOIA-99-134 APPENDIX C DOCUMENTS BEING RELEASED IN PART NUMBER DATE DESCRIPTION / EXEMPTION

1. 10/29/98 Fax transmittal to B. Pulsifer from B. Short re: Case No. 226388, (2 pgs.)- PORTIONS EX. 6.

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' . lF0)A- Freedom ofInformiition Act Request __ ~

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Page 1]

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f~ From:

Lyle Graber <!gre.,er@NUS.COM> MN F0lWA 6 N- /8 To: FOIA Branch a fola@nrc. gov > M ,$-/-99 Date:

Subject:

Fri, Feb 23,191,911:05 AM Freedom ofInformation Act Request gg pg g ,

The following request is filed under the Freedom ofInformation Act,5 U.S.C.

  • 552, and implementing NRC regulations,10 C.F.R.
  • 9.23, et seq. (

For purposes of this request, the term " document" means all memoranda,

{

emails, telephone logs and/or memoranda of any kind or in any form, letters, -

filings, testimony, exhibits, contracts, transcripts, minutes, notes, drafts, studies, analyses, reports, maps, diagrams, charts, books, articles, pictures, printouts, tapes, or other written, graphic, or computerized information.

i Please provide copies of all" documents" which relate in any way to all oral j and/or written comments or communications received by the NRC from any individual (s) or third parties relating in any way to the application, correspondence, Order and Safety Evaluation dated December 22,1998 in the NRC Docket Nos. 50-254 and 50-265 (Quad Cities Nuclear Power Station, Units 1 and 2). The Orderis entitled " Order Approving Application Regarding Proposed Mergerof MidAmerican Energy Holdings Company with Cal Energy Company" and the accompanying safety evaluation is entitled " Safety Evaluation By the Ofhee of Nuclear Reactor Regulation Related to the Proposed Merger of Cal Energy Company, Inc. and MidAmerican Energy Holdings

, Company. This FOIA request includes all information relating in any way, but not limited to, the following sentence on page two (2) of the above mentioned Quad Cities Safety Evaluation.

" Comments were received by telephone from a ,

I concemed individual which directed the staffs attention to the September 25,1998 Proxy Statement of MEHC, and to the pending law suit [ sic] of l Southem Califomia Edison v. Coso Finance Partners in Califomia superior court, which involves subsidiaries of Cal Energy."

This FOIA request also includes, any comments received relating in any way l to Cal Energy Company, and any subsidiary thereof, including, but not limited to: (1) the Southem Califomia Edison vs. Coso Finance Partners

, litigation referenced in the above Safety Evaluation; (2) any other litigation, whether currently pending or not, in which Cal Energy or any -

subsidiary participated; and (3) any pmxy statement or annual report of Cal Ene.gy Company.

in responding to this FOIA request you may exclude " documents" solely reflecting communications from the licensees, the applicants for the requested approval, and from their legal representatives. .

Pursuant to 5 U.S.C.

  • 552(a)(6), a response to this request is required ten days after receipt by the NRC. We are willing to pay all necessary search and copy fees associated with this request.

Have a great day!!!

Lyle Graber Licensing information Service NUS Information Services,Inc.

2650 McCormick Drive, Suite 300 Clearwater FL 33759-1049 727.669.3025 (voice) 727.669.3100 (fax)

Igraber@nus.com (email) http://www.nus.com 0L{/JU0Nl hf

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From: Lyle Graber <lgraber$NUS.COM>

To: FOIA Branch <fola@nrc. gov >

Subject:

Freedom ofinformation Act Request Date: Fri,26 Feb 199911:05:34 0500 X-Mailer: Intemet man Service (5.0.1460.8) 9

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