ML20210L032

Final Response to FOIA Request for Documents.Documents Listed in App a Being Released in Entirety & Documents Listed in App B Being Released in Part (Ref FOIA Exemption 6)

ML20210L032
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	08/03/1999
From:	Reed C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Drey K AFFILIATION NOT ASSIGNED
Shared Package
ML20210L038	List: ML20210L032 ML20210L049
References
FOIA-99-282 NUDOCS 9908090024
Download: ML20210L032 (4)

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NRC FORM 464 P rt i U.S. NUCLEAR REGULATORY COMMISSION PUIAIFA 7.EsPoNSE NUMBER (6 1998)

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99-282 1

f SP NSE TO FREEDOM OF g @ORMATION ACT (FOIA) / PRIVACY 1NF

RESPONSE

k ACT (PA) REQUEST TYPE N

AL REQUESTER DATE Ms. Kay Drey in 031999 PART l. -INFORMATION RELEASED No additional agency records subject to the request have been located.

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

APPENDICES Agency records subject to the request that are identified in the listed appendices are already availabla for public inspection and copying at the NRC Public Document Room.

APPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for A

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.

r APPENDICES V

Agency records subject to the request are enclosed.

4 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 1.A - FEES mount

• You will be billed by NRC for the amount listed.

g None. Minimum fee threshold not met.

I You will receive a refund for the amount listed.

Fees waived.

lo*r*dNa7' PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.

g Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part ll.

g Washington. DC 20555-0001.This determination may be appealed within 30 days by writing to the FOIA/PA Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."

PART 1.C COMMENTS (Use attached Comments continuation page if required)

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W 9908090024 990003 PDR FOIA DREY99-282 PDR C FORM 464 Part 1 (61998)

PRINTED ON RECYCLED PAPER Ths form was designed usmg informs

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NRC FORM 464 Part il U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA DATE lhSPONSE TO FREEbOM OF INFORMATION AU6 031999 99-282 ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS APPENDICES.

Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under U

_.. 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 12956 Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC.

Exemption 3 The withheld information is specifically exempted from public disclosure by statute indicated.

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

2161 2165).

Section 147 of the Atomic Energy Act, which prohibits 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 Title 5 UJ C. (the FOlA), 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.

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The information is considered to be confidential business (propnetary) information.

The information is considered to be propnetary because it concerns a hcensee's or apphcant'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).

Exemption 5: The withheld infom.ation consists of interagency or intraagency records that are not available through discovery during htigation. Apphcable privileges:

Dehberative 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 pnvilege. (Documents prepared by an attorney in contemplation of htigation)

Attorney chent privilege. (Confidential communications between an attorney and his/her chent)

\\[ Exemption 6: The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.

Exemption 7: The withheld information consists of records compiled for law enforcemerst 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 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.

(D) The information consists of names of individuals and other information the disclosure of which could reasonably be exper.ed to reveal identities of confidential sources.

(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expected to nsk circumvention of the law.

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

PART ll.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g),9.25(h), and/or 9 6S(b) of the U S. Nuclear Regulatory Commission regulations, it has been determined thit the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public int:rtst. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any diniils that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED

[ff Samuel J. Collins Director, NRR A pp. B

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l App;al must be made in writing withiri 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 cistriy state on the envelope and letter that it is a "FOIA/PA Appeal."

3 Iu WRC FORM 464 Part 11 (61998)

PRINTE.D ON RECYCLED PAPER This form was designed using inF orms

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Re: FOIA-99-282 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY (if copyrighted identify with *)

M DATE DESCRIPTION #PAGE COUNT) 1.

9/9/98 Internal Consumers Energy Memorandum, T. Goble to Operations Department Personnel re: Canal Liquid Process Monitor Alarms (1 page) 4 f

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Re: FOIA-99-282 APPENDIX B DOCUMENTS BEING RELEASED IN PART NUMBER DATE DESCRIPTIONEXEMPTION 1.

3/16/98 Personal Notes of Individual during a Teleconference re: Canal Alarm, (4 pgs.) - EX. 6.

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