ML20235A042

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Partial Response to FOIA Request for Documents.Forwards App D Documents.App D Documents Being Made Available in Pdr.App E Documents Withheld (Ref FOIA Exemption 5)
ML20235A042
Person / Time
Site: Pilgrim
Issue date: 01/07/1988
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Sholly S
MHB TECHNICAL ASSOCIATES
Shared Package
ML20235A045 List:
References
FOIA-87-737 NUDOCS 8801120045
Download: ML20235A042 (4)
v • d • e


Text

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U.S.i LEAR REGULATORY COMMISSION NRc Foia atovest Nuweverst y+

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F01A-87-737 At$80NSE fvPt s v. ( e i i RESPONSE TO FREEDOM OF l""^' lN*

\ *- *ee* / INFORMATION ACT (FOIA) REQUEST Inc n mm DOCKET NUMetASi w sponceam'Fr '" ' IJOU REOutSTER Mr. Steven C. Sholly PART 1.-RECORDS RELEASED OR NOT LOCATED ISee checked bones)

No egency records oubrect to the request have been located.

No additorial agency records subpect to the request have been located.

Agency records subpect to the request that are ioentif'ed in Appenden are already avaslable for pubhc inspecton and copymg a the NRC Public Document Room, 1717 H Street, N.W., Washegton. DC.

X ^9'acv ca'd* *ubr*ct 'o tha au"het * idaa' dad = ^oo*ad'= D a bas **** ava*6'e for public especton and copymg in the NRC Pubhc Document Room,1717 H Street, N W., Washington, DC, in a folder under the FOIA number and requester name.

The nonproprietary version of the proposal (s) that you agreed to accept m a telephone conversaten with a mornber of my staff is now being made avadable for pubhc mspection and coying at the NRC Pubhc Document Room,1717 H Street N W . Washmgton, DC, in a folder under the FOIA number and requester name Enclosed is informaton on how you may obtam access to and the charges for copymg records placed m the NRC Pub 4c Document Room.1717 H Street N.W., Washington, DC.

Agsncy records subact to the request are enclosed. Any applicable charge for copees of the records provided and payment procedures are noted m the comments secton.

Records sublect to the request have been referred to another Federal agency 6es) for review and direct sosporise to you.

In view of NRC's response to the request, no further action es being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records a being withheM 'm t.biic disclosure pursuant to the FOIA esemptions described m and for the reasons stated in Part 11. sec.

5 tons 8. C, and D. Any released portens of the documenta for which only par

  • of the record is being withheld are being rnade available for pubhc inspecten and copyng m the NRC Pubhc Document Room.1717 H Street. N.W.. Washington, DC, m a folder under the FOIA number and requester name.

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Si AE DantCTOR.01 8 0F RULES RECORDS V0LMD

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8801120045 880107 PDR FOIA PDR

. SHOLLY.87.-737 NRC FORM 464 IPart 0 (9 861

FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBER (SI: 87-737 oATE m, ,, _

PART !! 8- APFLlCABLE FOIA EXEMPTIONS en ' IJOO Records subject to the request that are descr bed in the enclosed Appendices E are being withheld in their entirety or in part under FOIA Exanptions and for the reasons set forth below pursuant to 5 U.S.C. 562(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The ethheld information is property classefed pursuant to Executive Order 12356 (EXEMPTION 1)
2. The ethheld informaton relates solely to the mtemal personnel rules and procedures of NRC. IEXEMPTION 21
3. The withheld information is specifically esempted from publec desclosure by statute indicated. (EXEMPTION 3)

Secten 141145 of the Atomic Energy Act which prohibits the declosure of Restricted Data'or Formerty Restrcted Cata (42 U.S C. 2161-2166).

Secten 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

4. The withheld information is a trade secret or commercial or financel information that is being uthheid for the reason (s) indicated IExEMPTION di The informaton is considered to be confidential busmess (proprer r) informar on.

The information is considered to be propnetary informeten pursuant to 10 CFR 2 790(dHI).

The informaton was submrtted and received in confidence from a foreign source pursuant to 10 CFR 2 790(d)(21.

l S. The ethheld information consests of interagency or intraagency rece ds that are not available through decovery during litsgaton. Declosure of predecisional information l y would tend to inhibet the open and frank exchange of ideas essential to the debberative process Where records are withheld in ttwir entirety, the f acts are mestricaNy

^ etertened with the predecisionalinformaton. There also are no reasonably segregable factual portions because the release of the facts would permit an mdirect inquiry mto the predecesonal process of the agency. (EXEMPTION 5)

6. The ethheid mformation is exempted from public disclosure because its disclosure would result in a dearty unwarranted invason of personal privacy. (EXEMPTION 61
7. The withheld information consists of investigatory records comoded for law enforcement purposes and a being wittteld for the reason (s) indicated. (EXEMPTION 7)

Disclosure would interfere mth an enforcement proceeding because it could reves the scope, directon, and focus of enforcement efforts _ and thus could possibly allow enem to take action to sheeld potential wrongdoeng or a velaton of NRC requirements from investigators. (EXEMPTION 7(AH Disclosure would constitute an unwananted invasion of personal privacy IEXEMPTION 7(CH The information consests of names of individuals and otner informaton the disclosure of which would reveal identrties of confidential sources. IEXEMPTION 7(DI)

PART II.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and for 9.15 of the U.S Nuclear Regulatory Commason regulatons, rt has been determer.ed that the information ethheid a exempt from producten or disclosure.

and that its prodVClon of disclosure is Contrary to the public interest. The persons responsible for the denist are those officals identifed below as denying officials and the Oirector.

Deveson of Rules and Records. Office of Admmestration, for any denials that may be appealed to the Executive Director for Operations (fool DENYING OFFICIAL TITLE / OFFICE RECOnDS DENIED APPELLATE OFFICIAL Assistant Secretary of secat e im Mr. John C. Hoyle the Commission Appendix E X PART 11 O- APPt AL RIGHTS The denial by each denying official identified in Part li.C may be appealed to the Appellate Officialidentified in that section. Any such appeal must be in writing and rnust 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 20565, and should clearly state on the envelope 6nd in the letter that it is an Appeal from an Initial FOtA Decision."

Mc FotM aos leert 21 U.S. NUCLEAR REGULATORY COMMISSION

  • es> FOlA RESPONSE CONTINUATION

Re: F01A-87-737 l APPENUIX D

1. 7/2/86 Commonwealth of Massachusetts Senate Bill No. 2044. (2 pages)
2. 7/17/86 House of Rep Session). (resentatives Bill H.R. 5192 (99th Congress 2D 9 pages)
3. 8/13/86 Memorandum from Xamerer to Comission. (12 pages) l 4. 5/5/87 Letter from Asselstine to Udall. (2 pages)
5. 5/7/87 Statement of Chairman Zech before the Subcommittee on Energy and the Environment, House Comittee on Interior and Insuler Affairs. (32 pages)
6. 5/11/87 Memorandum from Bradburne to Comission. (6 pages)
7. 7/1987 The Commonwealth of Massachusetts Report of the Special Comittee Established for the Purpose of Making an Investigation and Study Relative to the Pilgrim Nuclear Generating Facility at Plymouth-Recommendations. (31 pages)
8. 10/1/87 Statement of Chairman Zech before the Subcommittee on Energy and Power, House Comittee on Energy and Comerce.

(18 pages)

9. 10/2/87 Memorandum from Bradburne to Commission. (2 pages)
10. Undated Short Statement of Chairman Zech - Testimony on H.R.

2683, H.R. 1570, H.R. 3025. (16 pages)

11. Undated Chairman's Views on H.R. 1570/ERDS at the Udall Hearing.

l (1 page) l

Re: F01A-87-737 APPENDIX E RECORDS TOTALLY WITHHELD EXEMPTION 5

1. 3/27/87 Routing Slip with Comission Carr's staff comments with regard to the memorandum from Victor Stello to Chairman Zech - Emergency Response Data System Implementation. (1 page)
2. 4/28/87 Memorandum from Chairman Zech to Commissioners, subject:

Emergency Response Data System Implementation COMLZ-87-29.

(1 page)

3. 4/30/87 Memorandum from Corsnissioner Bernthal to Samuel Chilk on COMLZ-87 Emergency Response Data System Contract. . (1 page)
4. 4/30/87 Note from Janet Xotra to Commissioner Bernthal on COMLZ-87 Energency Response Data System Contract. (1 page)
5. 5/1/87 Commissioner Carr's coments on Draft Testimony for the Udall Subcommittee Hearing on NRC Legislative Proposals.

(8 pages)

6. 5/6/87 Commissioner Asselstine's cement on COMLZ-87-29.

(1 page)

7. 5/7/87 Commissioner Carr's coment on COMLZ-87-29. (1 page)
8. 5/26/87 Memorandum from Chairman Zech to Stello, subject:

Emergency Response Data System Implementation. (1 page)

9. 9/29/87 Commissioner Carr's comments on Draft Sharp Testimony.

(8 pages)

TECHNICAL ASSOCIATES bur Q TECHNICAL CONSULTANTS WWW Dale G Bridenbaugn 1723 Hamatton Avenue-Suite K Richard B Hubcara San Jose. Caldornia 95125 Gregory C Manor Phone'(408) 266 2716 27 October 1987 FREMDOM OF INFORMATION ACT REQUEST Mr.,Donnie H. Grimsley, Director Division of Rules and Records Office of Administration and Resources Management U.S. Nuclear Regulatory Commission b[dM/~7J,7((

  1. d /O-JD- i Washington, D.C. 20555 RE: Emergency Response Data System (ERDS) 1

Dear Mr. Grimsley:

l Pursuant to the Freedom of Information Act and 10 CFR Part 9, Subpart A, .

" Freedom of Information Act Regulations', please make available at the Commission's  !

Washington, D.C., Public Document Room single copies of records 1/ in the following categones:

A. All records concerning the Emergency Response Data System (ERDS This request includes, but is not limited to, i Congre). ssional testimony, contractor reports, internai memoranda, and correspondence between the Commission and utifrties.  !

If you or any members of your staff have any questions concerning this request, please contact the undersigned directly by telephone at (408) 266-2716. Your prompt attention to this request will be appreciated.

Sincerely, b C- Steven C. Sholly Associate Consultant 1

1/ As used here, " records' has the definition provided in 10 CFR 9.3(b) of the Commission's regulations. Furthermore, ' records' are considered to be those l in the possession of the NRC, its contractors, its subcontractors, or others as l provided for in 10 CFR 9.4.

9 G l n n n _. ._ L ~

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