ML20211J910

Second Final Response to FOIA Request for Records.Documents Listed in App B Being Withheld in Part (Ref FOIA Exemption 7C)

ML20211J910
Person / Time
Site:	Maine Yankee
Issue date:	10/08/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Brack H BIOMETRIC TESTING, INC.
Shared Package
ML20211J915	List: IA-97-348, Partially Withheld Investigation Rept 1-96-040.Noncompliance Noted.Major Areas Investigated:To Determine Whether Incomplete & or Inaccurate Info Willfully Provided by Utility During 941014 Enforcement Conference ML20211J910 ML20211J917
References
FOIA-97-348 NUDOCS 9710090042
Download: ML20211J910 (3)

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INFORMATION ACT (FOlA) REQUEST OCT 0 81997 ee.e DOCKL1 NUMBE R(S) rif echcatdel RL OU($1t R W

4A*V PART 1.-AOENCY RICORDS RELE ASED OR NOT LOCATED (See etakectbonesJ Nn agency records subject to the request have been located.

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

Requested records are avadable through another pubhc distribution program. See Comments section, Agency records subject to the request that are identified in Appendiales) are already available for public inspection and copying at the NRC Pubhc Document Room. 2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in AppendentesL_

are being made avadable for pubhc inspection and copying at the NRC Pubhc Document Room. 2120 L Street. N.W., Washington, DC, m a folder under this FOIA number.

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my statf is now being made available for pubhc inspection and copying at the N RC Pubhc Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Pubhc Document Room identified in the Comments section.

Enclosed is information on how you may obtain access to and the chartys for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request are enclosed.

Records subject to the request have been referred to another Federal agencyhes) for review and direct response to you.

Fees You will be behed by the NRC for fees totahng $

You will receive a r$ fund from the N RC in the amount of $

In view of N RC's response to this request, no further action is being taken on appeal letter dated

. No.

PART ll. A-lNFORMATION WITHHELD FROM PUBLIC DISCLOSURE C$rtgin Information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasoris stated in Part II, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspTction and coDying in the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number, COMMENTS f

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INFORMATION ACT (FOIA) REQUEST FOIA -fy/ f 007 0 b W /

(CONTINUATION) l PART N 8-APPUCABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) are beig withheld in their entirety or in part under the ExemDtion Nods) and for the reasonM given below pursuant to 6 U S C. 562(b) and 10 CF R 9.U(a) of NRC regulations.

1. The withhold enformation es property classified pursuant to isocutive Order,(Enemption il 2 The withheld mformation relates solely to the enternal persormel rules and procedures of NRC (Enemption 2) l l3, The wethhe6d mformation is spevfically esempted from putAc disclosure by statute iridicated. (Ememption 3)

Sections 141 145 sf the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted Cata 142 U.S C,2161ML Section 147 of the Atonne Energy Act, which prohibits the disclosure of Unclassif.ed Safeguards information (42 U.S C 2167J.

4 The withheld mformation is a trade secret or commercial or fmancial mformation that is bemg withheld for the reasontal indicated. (Enemption 4)

The mfortnation se considered to tee conhoential business tproprietary) informatiori The mformation is conodored to be proprietary information pursuant to 10 CFR 2 790idit fl The mformation was submitted and received in confidence pursuant to 10 CFR 2 790idH21

6. The withheld mformation consists of mteiagency or mtraagency records Bat are not availabie mrough discovers deng litigation (Enemption 5). Applicable Priviiego Deliberative Process Disclosure of predecisional mformation would tend to mhibit the open and frans enchange of ideas essential to the doiiberative process Where records are withheld m their enterety. the f acts are ineutricatay mterteined with the predeciseonel mioamation There also are no reasonabiv seJre0atue f ar tua portions because the re6 ease of the f acts would permit an mdirect mowev mto the predecisional peocess of the agency Attorney work product pesvisege IDocuments prepared by an attomev en contempiatiot of htigation i Attorney <lient pnvilege. (Confidential communications between an attorney and his'her chant )

6 The witntwid mformation :s esempted from public disciosure because its d sciosure would resuit m a cieariv unwa" antea invasion of personai privacy (Enemption 6

7. The withheid mformation consists of records compiled for law enforcement purposes end is being withhaid for the sonf an mdicated (Exemption U Disclosure could reasonably be espected to mt trtere with er enforcement proceedmg because it covid reveal the scope, direction, and focus of enforcement of forts. and thus could possibly ailowservients to talie action to shield potential wrongdomg or a viciation of NRC requirements from investigators (Enemption 7 ( AI) t Disclosure would constitute an unwarranted invasion of personer privacy. (Enemption 7(CD The mformation consists of names of individuais and otner irHormation ine disciosu e of *nicn could reasonaci, be espected to reveni dentities o-

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confidentia: sources. (Esemption 7 (DH ONEH l

PART H. C-DENYING OFFICIALS Pursu,snt to 10 CF R 9 25ibt and or 9 25(ci of the O G. lweiear Regu;atory Comm is4on requie.ons,.t has been oetermined that tne infymawan w-thnend 6 enemo' Pom on The per ons respons. hie fo-the denia. a'e tnose o'f. cia s ident.fiert be:ow as ceny.nt duction or daciosuie. and that its product.on or d.scioswe is corstrary to tne pubte nte est s

officios ami the D.recton D vmon o f reedom of f nformation am1 Pubhc4t,ons Services. Off.ce of Admmtst:ation for any den ais that may be apurawd to the Eitecudve D.recte r

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I DENylNG OFFtCIAL TITLE 'OF FICE RECORDS DENIED APPELLATE OF51 CIA; i

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PART 11. D APPEAL RIGHTS l

The denial oy each denymg official identified in Part ll.C may be apoea'ad to the Appe!!ste Orf cial identit:ed eners. Any sacri appea< must De maoe ic wr;tmg witne 30 aavi o' rece,c:

of this response Appaais must be addressed. as appropriate, to toe Execut ve Director for Operst:ons to the Secreta v o' the Commiss or, o to tne aspecto-Genera, U.S Nac ea-Regul: tory Commission, Washmgton, DC 20555, and snould clearly state on the envetope and tf* the letter that it es an *'Apoesi from an trut>al FOi A Decis+0r=

t NRC FEM 464 (Part 2) (191)

U.S. NUCLEAR REGULATORY COMMISSIOh

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15: FOi/ C463 APPENDIX B RECORDS BEING WITHHELD IN PAF fEL DATE DESCRIPTION /IPAGE COUNTl/l iggrf.;g3y3 1.

05/30/97 Report of Investigation, Maine YO +e s y.!nv "<wsr s'tur.

t Incomplete and inaccurate Infor. stim s.% #y Prwicec ' i one NRC Regarding the Emergency F udxs Syugro ' se No.1-96-040 (26 pages) EX. 7C f-e 1

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b Center for Biological Monitoring, Inc.

qfg' Sponsor of RADNET: Nuclear Information on the Internet

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SOURCE POINTS OF ANTilROPOGENIC RADIOACTIVITY N

World Wide Web at http://home. acadia. net / chm / Rad.html llOX 144, IIULLS COVE, ME B4644-0144 207/288-5126 FAX:207/288 2725 131 AIL: shrack@ post. acadia. net 8/19/97 ggJ W l@~ 'ri I

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Mr. Guy Caputo, Director case s-Office ofInvestigations Date Rec'd:

9-U.S. Nuclear Regulatory Commission g*,

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RE: MAINE YANKEE REPORTS #1-96-125 and #196-040

Dear Mr. Caputo:

In accordance with the Freedom ofInformation Act, this letter constitutes a formal request for complete copics of the Office ofInvestigations' reports on Maine Yankee numbered I-96-125 and I 96-040.

Please let me know if there will be a charge for photocopying. I would greatly appreciate hearing from you in the immediate future on this matter.

Yours truly, !

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11. G. Brack 11c y & w !

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