ML20235W022

Final Response to FOIA Request for Records.App H Documents Encl & Available in Pdr.App I Documents Withheld (Ref FOIA Exemption 5)

ML20235W022
Person / Time
Site:	Nine Mile Point
Issue date:	10/14/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Wetterhahn M CONNER & WETTERHAHN
Shared Package
ML20235W026	List: ML20235W022 ML20235W027
References
FOIA-87-438 NUDOCS 8710150545
Download: ML20235W022 (4)

Text

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U.S. NUCLEAR REGULATORY COMMISSION Nac soia es ..is'sweEnisi

/p'*em'o,,, s , FOX h - ??*EspoNss VN svet Ty ff RESPONSE TO FREEDOM OF 0, N **^' l I " E e.e..

h. 5 INFORMATION ACT (FOIA) REQUEST

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1 OCT 14 N87 REQUESTER

( Doca.EY NW64a 5' vr apowebmi M e h J_ yt/ J  % d%4,A.,

8 PART 1.-RECORDS' RELEASED OR NOT LOCATED f See checked boses)

No agency records subsect to the request have been located No addetonal agency records subsect to the request have been located.

Agency records subsect to the request that are identifed n Appendia are already availabic for public inspecten s~d copeng in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.

Agency records subsect to the request that are identified m Appendix - b are being made available for public eispecuan and copying in the NRC Public Documerit Room,1717 H Street, N.W., Washington, DC,6n a foeder under the FOIA number and requester name.

The nonproprietary verson of the proposalts) that you og*eed to accept in a telephone conversation with a member of my staff is acw betr,g made available for pubhc irspecton and coying at the NRC Pubhc Document Room.1717 H St cet. N W . Washington, DC , in a fomer under this FOIA numbe* anc % ester name.

Enclosed is information on how you may obtain access to aN the charges for copying records placed in the NRC Public Document av 1717 H Street, N W., Washington. DC.

Agency records subject to the request are enclosed Any sopiscable charge for copies of the records prov$ed and payment proce::ures are noted in the comments secten.

Records subt ect to the request have been referred to another Federal agency (ies) for revew and direct response to you.

In view of NRC's response to this request, no further acoon a being taken on appeal letter dated PART 11 A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records is being wrthheld from public disclosure pursuant to the FOI A esemptions descnbed sa and for the reasons stated in Part Lt. sec-tions 8, C, and D. Any released portions of the documents 'or which only part of the record is being wrthheld e a being made a,silaose for public inspection and copymg in the NRC Public Document Room,1717 H Street, N W , WasNngton. DC. in a folder under this FOlA number and requestar name Comments 8710150545 871014 PDR FOIA WETTERH87-438 PDR

$s%ATURE. DIRECTOR. ION OF Rj/LES AND Rf CORDS b/ /

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NRC FORM 464 iPan ti

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FREEDdM OF INFORMATION.AC7 RTSPONSE ' FOtA NUVBf 2 $

PART 11 B- APPLtCABLE FOf A EXEMPTIONS Fd((4 [* W' pgg DCT 14 W thtcords subject to the request tnat are described in the enclosed Appendices . are being withheld in their entirety or in part under FOIA Exemptions ord for the reasons set forth below pursuant to 5 U.S.C. 552fb) and 10 CFR 9.5(a) of NRC Regulations.

1; The withheid edemation a r'operty classifed pursuant to Executive Order 12356 IExEV* TION 11 2,'The withhei; et-tion relates solett to the internal personnel rules and p xedures :r sac. iEAEMPTION 21

3. The withhee; c*o-nat.on a speci6cally exempted from public disclosure by statu3e incMec (EXEMPTION 3)

Secten tit.1a6 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerly Restrud Data (42 U.S.C. 2161-2106L Section 147 08 the Ah,mic Energy Act which prohibits the disclosure of Unclassified Sa'eguards informaton (42 U.S.C. 2167L

4. The withhenc &mation is a trade secret or commercial or financialinformaten that a te^3 *sthheld for the reason (s) mdicated. (EXEMPTION di The info-a9er e considered to be conhdential business (proprietary) er' formation 4$.

f.

The infor~etion a consniered to be proprotary information pursuant to 10 CFR 2.7Dd 11.

s M;[k The inforwetson was submetied and receeved in confeder.co from a foreign source pusuart to 10 CFR 2.790td)(2).

5. The withhele ardo-nation consests of interagency or intraagency records that are not sisilac*e through discovery during litigaten, Osclosure of predecisionaf info aten would tend '.s inNbit the operi and frank exchange of ieleas essential to the deliberatu prxess Where records are withheld in their entirety, the facts are mentrcably intertwined w'th t** oredecisionalinformation. There aiso are no reasonably segregable fact at portions because the release of the facts would permit an mdirect moury e to the predecissorisi process of the agency. (EXEMPTION 5)

6. The withheid infonnation is exempted from public disclosure because its disclosure wo.id esult in a clearty unwarra$ted invasion of personal privacy. (EXEMPTION 61 7, The withheic mfermatsori consists of investigatory records compiled for law enforcement peposes and is teing withheld for the reason (s) indicated. (EXEMPTION 7) ]

Disc.osure wou6d interfere with an enforcement proceeding because it could reveal tre scope, practon, and focus of enforcement efforts and thus could possitny asow t*iem to talte action to shold potental wrongdoing or a viodation of hRC requirements from investigators. (EXEMPTION 7(AH Disclosure would constitute an unwarranted invasion of personal pnvacy (EXEMPTICN 7 Cy )

$ )

The infor*ation conssta of names of individuals and other information the disclosure of which would reveal identities of confidential sources. (EXEMPTION 7tDo PART 11 C-DENYING OFFICIALS  !

l Pursuant to 10 CFR 9 9 rid /or 9.15 of the U.S. Nuclear Regulatory Commission regulations. it has beee determined that the information withheld is exempt from production or :bsclosure.

and that its production or disclosure is contrary to the public enterest. The persons responsib6e 6r the denial are those officials identifed below as denying officials and the Director, I Divicion of Rules a1 Records. Office of Adminstration, for any denials that may be appealed to me Enocutive Director for Operations IEDOL '

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAi e O Mg7g SECRETARY . EDO 'j w 6, tha uz w r &. .r

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PART 11 D- APPEAL RaGHTS The denial by each denying official identified in Part II.C may be appealed to the Apciellate Official identified in that section. Any such appeal must be in writing and must 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 cf the Commission, U.S. Nuclear Regulatory Commission, Washington. DC 20555, and should clearly state on the envelope and in the letter that it is an "Appea from en initial FOIA Decision.

EC FOIM as4 (Part 2' U.S. NUCLEAR REGULATORY COMMISSION

is esi FOIA RESPONSE CONTINUATION 1

l E. J

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Re: F0!A 87-430 APPENDIX- H RECORDS MAINTAINED IN THE POR UNDER THE 330VE RE00EST NUMBER DATE ORIGINATOR RECIPIENT DESCRIPTION s, 8/18/86 D. Florek, Pete Eselgroth, Handwritten note NRC, Region I .NRC, Region I (1 Page) 4, 8/21/86- Handwritten note on 8/20/86 MSIV Meeting (2 Pages)

S, 9/22/86 Outline for' Nine Mile Point 2 M5IV Review (3 Pages) y, 9/22-9/26/86 Greg Rodgers (SWEC) Data on Tungsten Carbide Coating (12 Pages) 5, 10/15/86 Nine Mile Point 2 MSIV Meeting Summary (1 Page) p, 11/17/86 D. Florek, L. Bettenhausen.- Handwritten note NRC, Region I NRC, Region I

Subject:

NMP 2 l MSIV (1 Page)

. r7, 1/5/87 Nine Mile Point 2 Meeting in Bethesda (Typed and Handwritten copies) (3 Pages) '

g, 2/10/87 Morning Report - Region I (1 Page) g, 2/24/87 . Morning Report - Region I (1 Page) i i

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y Re: F0! A-- 87-438 APPENDIX I RECORDS TOTALLY WITHHELD DATE' ORIGINATOR RECIPIENT DESCRIPTION 1,. 9/11/86 Harold Gregg, Jim Wiggins, NRC, Region I Handwritten Memo NRC, Region I

Subject:

Cause to Delay Licensing at Nine Mile Point 2 and Beaver Valley 2 (8 Pages)( p g y f p, 9/15/86 Jacque Durr, J. Viggins/H. Gregg NRC, Region I Handwritten

NRC, Region I notes (1 Page) 3, 9/17/86- Handwritten notes (1 Page) % g A S,,

L'# 4 w S y, 11/14/86 Harold Gregg, Jim Wiggins, NRC, Region I Handwritten Memo NRC, Region I subject: Review of NMP 2 MSIV Actuator CDR Final Report (86-00-18 i' Cracked Roller Bearing, 86-00-19 Interim Report) (3 Pages) l#nN 5 4

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trat:: J, wa77taMAH N som7mt W.mAbra pita NICHOLS mannine o. mecanorren July 9, 1987 13031833-3500 C ABLE ADDRESS; ATOML AW FREEDOM OF INFORMATION ACT REQUEST FREEDOM OF INFORMATION Mrs. Patricia G. Norry. ACT REQUEST

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Off e f Administration United States Nuclear Regulatory ~b*M[

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Commission Washington,.D.C. 20555

Dear Mrs. Norry:

Pursuant to 10 C.F.R. Part 9 and 5 U.S.C. S552, I

.hereby request that the following categories of documents be provided to me.on behalf of my firm's client, Niagara Mohawk Power Corporation:'

1) All documents relating to ball-type main steam isolation valves used in the construction of the Nine Mile Point Nuclear Station, Unit 2.

2) All documents relating to other FOIA requests to the Nuclear Regulatory l Commission relating to ball-type main j steam isolation valves used in the construction of the Nine Mile Point  !

1 Nuclear Station, Unit 2. I As used herein, " document" includes, but is not limited to, '

any draf t or other form of any agency record other than the original or final version, whether edited or marked upon, j and includes all documents within the custody or control of j any agency officer or employee without regard to location, filing or generation of the document. i I agree to pay all reasonable fees necessary for the provision of these records pursuant to 10 C.F.R. 59.14. i l

Sincerely, MJW:sdd Mark J. Wetterhahn  !'

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1. Law orr:8MlWD i

CONN ER & WETTERH AH N. P.C. I l

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Ms. Lana Cobb '

Freedom of Information and Privacy Acts Branch Office of Administration United States Nuclear Regulatory Commission- ,

Washington, D.C. 20555 {

l Ret FOIA-87-438 ,

Dear Ms. Cobb:

As we discussed on July 21, 1987, I am limiting the captioned Freedom of Information Act request dated July 9,.

1987 as follows:

1. Documents dated. prior to May 1978 need not be included in the response.

2. Documents submitted to the NRC by Niagara Mohawk Power Corporation need not be included.

3. Documents listed on the attached search request conducted in the NRC's Public Document Room need not.be included.

If you have any questions concerning this matter, please do not hesitate to call me.

Sincerely,

/

Mark J. Wetterhahn MJW/ac Enclosure M