ML20211K419

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Final Response to FOIA Request for Documents.Documents Listed in App a Being Withheld in Part (Ref FOIA Exemptions 5 & 7)
ML20211K419
Person / Time
Site: San Onofre  Southern California Edison icon.png
Issue date: 09/03/1999
From: Reed C
NRC OFFICE OF ADMINISTRATION (ADM)
To: Mills G
AFFILIATION NOT ASSIGNED
Shared Package
ML20211K424 List:
References
FOIA-99-234 NUDOCS 9909070217
Download: ML20211K419 (3)
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NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER g wei

/'"'%hhg 99-234 1

[ RESPONSE TO FREEDOM OF

% INFORMATION ACT(FOIA)/ PRIVACY RESPONSE r- r'

% ACT (PA) REQUEST TYPE O

  • s<*

REQUESTER DATE Mr. Glen Mills 0 : :ggg j PART l.-INFORMATION RELEASED

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

l [ Requested records are available through another public distribution program. S ee Comments section.

l

]- APEDICES Agency records subject to the request that are identified in the listed appendi ces are already available for public inspection and copying at the NRC Public Document Room.

r APPENDICES Agency records subject to the request that are identified in the listed appendi ces are being made available for I A public inspection and copying at the NRC Public Document Room.

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[ Document Room,2120 L Street, NW, Washington, DC. Enclosed is information on how you may obI

' r APPENDICES l A l Agency records subject to the request are enclosed.

["~l Records subject to the request that contain information onginated by or of int erest to another Federal agency have been I referred to that agency (see comments section) for a disclosure determination a nd direct response to you.

[ We are continuing to process your request.

[ See Comments.

PART 1.A - FEES lcuouuT - ] You will be billed by NRC * *r the amount listed. M None. Minimum fee threshoid not met.

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[ You will rec'eive a refund for the amount listed.[ Fees waived.

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  • PART 4.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

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

'Q" This determination may be appealed within 30 days by wnting to the FOIA/PA Off icer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter tha t it is a "FOIA/PA Appeal."

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

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' [ l' SK .A hF E of INFORMAtlON AcT AND PRIVACY ACT OFFICER f

\ - i Caro b n eed i l

9909070217 990903 PDR FOIA MILLS99-234 PDR

. _ . - . , , . , . . . _ oo,.4en ~,ne - ,e,n.nen . , _ - _ . . .

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i NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE

'6 19 %

RESPONSE TO FREEDOM OF INFORMATION 99 #

up g ACT (FOIA) / PRIVACY ACT (PA) REQUEST

__"" PART ll.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 the A Exemption No.(s) of the PA andor the FOIA as indicated below (5 U.S.C. 552a and/or 5 U.S.C. 552(b)).

[ Exemption 1: The withheld information is property classified pursuant to Executive Order 12958.

[ Exemption 2: The withheld information relat6s solely to the intemal personnel rules and procedures of NRC.

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

'lSections 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).

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, U.S.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 Informati on that is being withheld for the reason (s) indicated.

] The information is considered to be confidential business (proprietary) informa tion.

] The information is considered to be propnetary because it concerns a licensee's or applicant's physical protection or material 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 pu rsuant to 10 CFR 2.790(d)(2).

'Q Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation.

Applicable pnvdeges:

R Dehberative process: Disclosure of predecisional information would tend to in hibit the open and frank exchange of ideas essential to the L- a dekberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional information. l 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 attomey in contemplation of litigation)

Q Attomey-client pnvilege. (Confidential communications between an attorney and his/her client) I i"l Exemption 6: The withheld information is exempted from public disclosure because its disclos ure would result in a clearly unwarranted invasion of personal pnvacy.

Q Exemption 7: The withheld information consists of records r'ompiled for law enforcement purpo ses and is being withheld for the reason (s) ir.dicated.

i'l (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).

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

{J (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal ldentities of confidential sources.

]- (E) Disclosure would reveal techniques and procedures for law enforcement investiga tions 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

[_j OTHER (Specify)

PART ll.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g) 9.25(h), and'or 9.65(b) of the U.S. Nuclear Regulat ory Commission regulations, it has been determined that the information withheld is exempt f rom production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).

APPELLATE OFFICIAL DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED " Eco secy ic Guy Caputo Director, Office of Im estigations  ! Appendis A y i  !

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, i Appeal must be made in writing within 30 days of receipt of this response. App eats should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by th e appropnate appellate official (s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal."

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l 1 Re: FOlA/PA-99-234 l

l APPENDIX A RECORDS BEING WITHHELD IN PART NO.- DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 03/26/99 5 O! Report of Investigation (4-1998-041)-San Onofre Nuclear i Generating Station: Coercion and Discrimination Against l

Access /FFD Audit Team by SCE Management (51 pages) EX. 5

2. 02/05/99 Ol Report of Investigation (4-1998-043)-San Onofre Nuclear Generating Station: Discrimination Against Contract Employee by Contract Foreman for Reporting Safety Concerns (37 pages) EX.

5&7C

3. 01/26/99 01 Report of Investigation (41998 045)-San Onofre Nuclear Generating Station: Discrimination Against Contract Employeo by Contract Foreman for Reporting Safety Concerns (32 pages) EX.

5&7C i

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