ML20216J031

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Final Response to FOIA Request.App D Documents Encl & Also Available in Pdr.App D Documents Partially Withheld (Ref FOIA Exemptions 3 & 4) & App E Documents Completely Withheld (Ref FOIA Exemptions 3,4 & 5)
ML20216J031
Person / Time
Site: Point Beach  NextEra Energy icon.png
Issue date: 06/29/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:
POST-CRESCENT, APPLETON, WI
Shared Package
ML20216J035 List:
References
FOIA-87-166 NUDOCS 8707020079
Download: ML20216J031 (4)
v • d • e


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// INFORMATION ACT (FOIA) REQUEST JUN 2 91987 DOCK 61 NUMBER:Si ur enouem AtOut$7tR t b da w s 'b. e)4.s r %t s dr.

PART 4.-RECORDS RELEAfED OR NOT LOCATED (See checked bonest f

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

Agsnc y records subject to the request that are identified in Appenden are already available for pubhc inspection and copying an the NRC Pubhc Document Rcom, 1717 H Street, N W, Washsngton, DC -

Agency records subject to the request that are identifeed an Appendix D are being made available for pubhc inspection and copying in the NRC Pubhc Docu-ent Room,1717 H Street, N W., Washington, DC, in a folder under this FOIA number and requester name.

The nonpropnetary version of the proposalls) that you agreed to accept in a telephone conversatson Mth a member of my staff is now being made available for pubhc inspec.on and coying at the NRC Pubhc Document Room,1717 H Street, N W. Washington DC, en a folder under this FOLA number and requester name.

Enclosed 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., Washington, DC.

A03ncy records subsect to the request are enclosed. Any apphcable charge for copies of the records provided and payment procedum pe noted in the comments section Rscords sub#ect to the request have been referred to another Federal agencybes) for review and direct response to you.

In view of NRC's response to this request, no further action is being taken on appeal lettet dated PART ll.A-INFORMATION WITHHELD FROM PUBLic DISCLOSURE Certain information in the requested records is being withheld from pubhc disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part il, sec.

tions 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 pubhc inspection and copying er' the NRC Pubhc Document Room,1717 H Street, N W., Washington, DC, in a folder under this FOIA number and requester name, e, Mcy1-2)Li&1 ADAS C C WtM ]T ih em dos 24  ;$ $ GN k, k g i tae)&$k h ? b [,

8707020079 070629 PDR FOIA FL ASCH87-166 PDR A

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, PART 11 B- APPLICABLE FOIA EXEMPTIONS {

Records subject to the request that are described in the enclosed Appendices _. kh Exemptions and for the reasons set forth below pursuant to 5 U.S C. 552(b) and 10 CF R 9.5f ai of NRC PegJations.

are bem; withheld in their entirety or in part under FOIA

1. The withheld information is properly classified pursuant to Enocutive Order 12356 IEXEMPTION 11
2. The withheld information eelates solely to the internal personnel rules ano procedu res of NRC, (EXEMPTION 2) 3 The withheld information a specifically esempted from public disclosure by statute indicated. (EXEMPTION 3:

Section 141145 of the Atomic Energy Act which prohibits the disclosure of Restocted Data or Formerly Restocied Data 142 U $ C,21612165L j X Secten 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information 142 U S C 21671

4. The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated IEXEMPTION di The informatson is considered to be confidential busmess lpropnetary) mformation.
The information is considered to be propretary information pursuant to 10 CFR 2 790tditt).

The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2 790tdH2

5. The withheld informaten consists of interagency of intraagency records that are not available through decovery dunng litigation. Osclosufe of predecisional information would tend to inhibit the open and frank enchange of ideas essential to the deliberative process. Where records o's withheld m tneir entirety, the facts are inextricably X intertwined with the predecisional mformation There aiso are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency 4 EXEMPTION h
6. The withheld information is enempted from public disclosure because its disclosure would result in a clearly unwananted invasion of personal privacy. (EXEMPTION 6)
7. The withheld information consists of investigatory records compiled for law enforcement purposes and a being witveld for the reasonist indicated. dEXEMPTION 7)

Disclosure wo.ald interfere with an enforcement proceedmg because it could reveal the scope. direction. and focus of enforcement efforts. and thus could possibly allow them to tal6e actson to shield potential wrongdoing or a violation of NRC requirements from invengators. (EXEMPTION 7(AH Disclosure would constitute an unwarranted invassor' of personal pnvacy (EXEMPTION 7sCH The information consists of names of individuals and other information the dsclosure of which would reveal ice t ties of confidential sources. (EXEMPTION 7tDH PART ll.C-DE NYING OFFICIALS Pursuant to 10 CFR 9 9 anCor 915 of the U.S Nuclear Regulatory Commssion regulations. It has been determined that the ir&mation withheld is enempt from production or disclosure.

and that its production or disclosure is contrary to the pubiac ir,terest. The persons responsible for the denial are tnose offic.ais identif4ed below as denying officials and the Director.

Division of Rules and Records. Office of Adminstration, for any denials that may be appealed to the Executive Director for Operations E Do, DENylNG OFFICIAL TITLE OFFICE RECOROS DEN 1ED APPELLATE OFFICIAL A. An1 AA AAw R@

sfCRETsRY EDo D/1 x h,ba Lh Ab oe &ekMs x k T>edavis M bNUEph f/4 X RC h '~ N Di EN[EST l b , & b C.. h d o b is b t 1 m E k E/$ d ll X d &c.G u d PART 11 D- APPEAL RIGHTS The denial by et ch denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in wnting and must be made wittin 30 days of receipt of this response. Appeals must be addressed as appropnate to the Executive Director for Operations or to the Secretary of the Commissaon U.S. Nuclear Regulatory Commission, Washington, DC 20555. and should clearly state on the envelope and in the letter thtt it is an " Appeal from an trutaal FOIA Decision."

sc.c FonM es4 (Pe a U.S. NUCL. EAR REGULATORY COMMISSION s ee FOlA RESPONSE CONTINUATION

-Re: FOIA-87-166 APPENDIX D

. RECORDS PARTIALLY WITHHELD

' NUMBER' DATE DESCRIPTION & EXEMPTION

1. 07/13/87 Excerpt from NRC Operations Center Log (1 page) Exemption 3
2. 03/11/87 Civil Penalty package issued to licensee (19 pages) Exemption 3, 4 e

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r APPENDIX E RECORDS TOTALLY WITHHELD NUMBER. DATE DESCRIPTION

1. Undated Draf t memorandum from B. Stapleton to J. Axelrad (8 pages) Exemptior 5
2. Undated Point Beach Briefing Paper (3 pages) Ex. 3, 5
3. 07/18/86 Point Beach Enforcement Board (4 pages) Ex. 3, 5
4. 09/19/86 Region III recommendation to HQ on Point Ex. 3, 4, 5 Beach (13pages)
5. 12/15/86 Region III proposal to HQ for Cosmission Ex. 3, 4, 5 Paper (26 pages)
6. Undated Draft Notice of Violation (3 pages) Ex. 5
7. 10/21/86 HQ version of Civil Penalty received in Ex. 3, 4, 5 RegionIII(6pages)
8. Undated Draft Notice of Violation and Proposed Ex. 5 Imposition of Civil Penalties (3 pages)
9. 02/26/87 Memorandum from S. Chilk to V. Stello Ex. 5 regarding SECY-87-20 (1 page)
10. Undated Draft Version of SECY-87-20 (3 pages) Ex. 5
11. 01/22/87 SECY-87-20 (8 pages) Ex. 3, 4, 5 l

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THE POST-CRESCENT E "' ~"TH( Fox Citits 306 W. WASHINGTON STREET APPLETON, WISCONSIN 54912 0059 3 414 / 733 44 ii March 18, 1987 Nuclear Regulatory Commission Freedom of Information Coordinator To the FOI officer:

This request is made under the federal Freedom of Information Act, 5 U.S.C. 552.

Please send me copies of any and all reports, investigatory files or reports, memos, internal memos, company memos,  !

company responses, NRC finding or conclusions and directives regarding an incident involving a breach of security in July 1986 at the Point Beach nuclear power plant owned by the Wisconsin Electric Power Co.

As you know, the FOI Act provides that if portions of a document are exempt from release, the remainder must be segregated and disclosed. Therefore, I will expect you t o send me all nonexempt portions of the records which I have requested, and ask that you justify any deletions by reference to specific exemptions of the FOI Act. I reserve the right to appeal your decision to withhold any materials.

I am a journalist employed by The Post-Crescent Newspaper of Appleton, Wis., and intend to use the information I am requesting as the basis for a planned article.

Therefore, I ask that you waive all search and duplication fees.

As I am making this request in the capacity of a journalist and this information is of timely value, I will appreciate your communicating with me by telephon e, rather than by mail, if you have any questions regarding this request. Thank you for your assistance, and I will look forward to receiving your reply f within 10 business days, as required by law.

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