ML20207L876

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Final Response to FOIA Request for Records Re Enforcement Discretion.Encl App a Documents Also Available in Pdr.App B Documents Withheld (Ref FOIA Exemption 5)
ML20207L876
Person / Time
Site: Nine Mile Point, Fermi, Hope Creek, Susquehanna, Columbia, LaSalle, 05000000
Issue date: 01/09/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Sholly S
MHB TECHNICAL ASSOCIATES
Shared Package
ML20205B089 List:
References
FOIA-86-855 NUDOCS 8701130015
Download: ML20207L876 (4)


Text

U.S. NUCLEAR REOULATORY COMMISSIEN N~c toia reoutsT NoveEras F01A-86-855 Phh U/(o

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RESPONSE TO FREEDOM OF XI"*^'

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lNFORMATION ACT (FOIA) REQUEST Mg 1987

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e...e DOCKET NUMBERi$1 q# aspecebet 50VEStER Sholly, Steven PART l.-RECORDS RELEASED OR NOT LOCATED (See checked bones)

No agency records subsect to the request have been located.

No additional egency records subject to the request have been located.

Agency records subsect to the request that are identifed in Appendia are already available for public inspecten and copyng in the NRC Public Document Room.

1717 H Street, N W., Washington, DC.

Agency records subject to the request that are identifed in Appendix b

are being made available for public inspection and copying in the NRC Public Document X Roorn,1717 H Street, N.W., Washington, DC. In a folder under this FOIA number and requester name.

The nonproprietary version of the proposalts) that you agreed to accept an a telephone conversation with a member of my staff is now being made avalable for public inspectio and coy ng at the NRC Public Document Room,1717 H Street, N W., Washington, DC, in a folder under this FOIA number and requester name.

Enclosod is information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washmg Agency records subject to the request are enclosed. Any applicable charge for copes of the records provided and payment procedures are noted in the comments section.

Aecords subsect to the request have been referred to another Federal agency 6es) for revew and direct response to you.

In vow of NRC's response to this request, no furt%. action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the FOIA exemptions descrioed in and for the reasons stated in Part li, sec-tens B, C, and D. Any released portions of the documents for which only part of the record is being withheld are beirg made available for public inspection and copying in X

ine NRC Public Document Room,1717 H Street, N.W., Wash #ngton, DC, in a folder under this FOIA number and requester name.

Cs... e as 8701130015 870109 PDR FOIA p

SHOLLYB6-855 PDR S NA JnE. OIRECTOR. Di :SION OF R A a%D RECORO$

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FR6pONI OF INFORMATION ACT RESPONSE FOIA NUV8ERIS); F01A-86-855 DATE M 9 19b7 PALT llM-APPLICABLE FOIA EXEMPTIONS Records subject to the request that are descnbed in the enclosed Appendices O

are being withheld in their entirety or in part under FOlA Esemptions and for the reasons s.t forth beiow pursuant to 5 u.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

1, The wthheld informaton is property class ed pursuant to Enecutive Order 12356 IEXEMPTION 1) d

2. The ethheld informaton relates solely to t e eternal personnel rules and procedu es of NRC. IEXEMPTION 2) r
3. The withheld informaton is specificasty eie oted from public disclosure by statute mdecated: IEXEMPTION 31 Sf cton 141-145 of the Atomic Energy A: which prohsbits the disclosure of Restricted Data or Formerly Restncted Data 142 U.S C. 21612165).

Section 147 of the Atomic Erie gy Act c ch prohibits the disclosure of Unclassified Safeguards information (42 U S.C. 2167).

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

The information is Considered to be CoFCential business (proprietary) informaton.

The information is considered to be procretary informaton pursuant to 1-) CFR 2.7904d)(1).

The informaton was submitted and rece4ed in confidence from a foreign source pursuant to 10 CFR 2.790tdH2).

5. The withheld informaton consists of mtera;eacy or intraagency records that are not available through discovery dunng litigation. Disclosure of predecisonal informaton would tend to inhibit tha open and franit ea;*ange of ideas essential to the deliberat.we process. Where records are withheld in their entsrety, the facts are inentricably X

intertweed mth the oredecisional mformaton There also are no reasonably segregable factual portions because the release of the facts would permst an indirect mouiry mto the predecisonal process e,' the agency. IEXEMPTION 5)

6. The wthheld informaton is exempted fro- ::ublic disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 6) 7, The withheld informaton consists of invest.;atery records compded for law enforcement purposes and is being withheld for the reason (s) mdicated. (EXEMPTION 7)

Disclosure would interfere wth an enforce-ent proceeding because it could reveal the scope, directen, and focus of enforcement efforts. and thus could possibly allow them to take acton to s* eJ potential wrongdomg or a violation of ARC requirements from envestigators. (EXEMPTION 7(AH Disclosure would conststute an unwarran ed invasion of personal pnvacy IEXEMPTIO HCH The informaton consists of na nes of meuduals and other informaton the disclosure of which would reveal identsties of confidential sources. IEXEMPT PART 11 C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and 'or 9.15 of the U S. Nucear Regulatory Commesson regulatons, it has been determined that the mformaton mthheld is exempt from producten or disclosu and that its producten or disclosure is contra.y to re public mterest. The persons responsible for the den.al are those offcials identified below as denying officials and the Director.

Deion of Rules and Records, Office of Admints aton, for any denials that may be appealed to the Executive Director for Operations IEDos DENYING OFFICIAL TITLE / OF FICE RECORDS DENIED APPELLATE OFFICIAL H.R. Denton ggrAehaINn Predecisional informati on "' " "

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PART la D-APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Officialidentified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the en< elope and in the letter that it is an " Appeal from an initial FOlA Decision."

senc Fonu ase (Pen a U.S. NUCLEAR REGULATORY COMMISSION m asi FOIA RESPONSE CONTINUATION

Re:

F0!A.86-855 APPENDIX A RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER NUMBER DATE DESCRIPTION 1.

7/15/85 Meno from H. Denton and J. Tay1cr to the Regions,

Subject:

Relief from Tech Spec. LC0's (2 pages) 2.

11/?l/85 Memo from H. Denton and J. Taylor to Regional Administrators EGM RE-05A,

Subject:

Pelief from Tech Spec LC0's (? pages) 3.

5/21/86 Memo from R. Bernero to Zwolinski, et al. subject: Relief from Technical Specification LC0's (1 page) 4 11/18/86 Meeting Sumnary - BWR Project Directorate #3 Counterpart Meeting September 9, 1986 (89 paget) 4

Re: F0IA gg_gss APPENDIX B RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION &' EXEMPTION 1.

10/4/86 Penorandum from W. Butler te D. Perrero,

Subject:

Relief from Technical Specification LCOs with Enclosures (3 pager)

Exemption 5 2.

10/27/86 Note from R. Vollner to G. Holohan enclosing:

(1 page)

Memo to R. Vollmer from R. Starostecki dated 10/23/86 on

" Enforcement Discretion" (1 page) and enclosure of draft memo to Regional Administrators from H. Denton and James Taylor. (3 pages)

Exemption 5 3.

10/31/F6 Femorandum from G. Pelahan to NRP Division Directors, Subiect:

Enforcement Discretion with Fnclosures. (12 pages)

Exemption 5 4

11/5/CE Femorandum from J. Zwolinski to R. Bernero,

Subject:

Enforcement Discretion. (2 pages)

Exemption 5 l

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