ML20236S906

First Partial Response to FOIA Request for Records.Records in App a Already Available in Pdr.Records in App B Being Released in Part (Ref Exemption 6)

ML20236S906
Person / Time
Site:	Millstone
Issue date:	07/15/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Del Core D AFFILIATION NOT ASSIGNED
Shared Package
ML20236S908	List: ML20236S906 ML20236S985 ML20236T011 ML20236T025
References
FOIA-COR98-231 NUDOCS 9807270308
Download: ML20236S906 (4)

Text

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Nudoc C

• NRC FWRM 464 Part l U.S. NUCLEAR REGULATORY COMMISSION PUIAWA 7.EsPoNsE NuMBE.1 (6-1996)

[' % 98-231 1 RESPONSE TO FREEDOM OF I

) INFORMATION ACT(FOIA)/ PRIVACY RESPONSE k- *ese*

/ ACT (PA) REQUEST TYPE O = M PAN REQuESlER DATE Donald W. Del Core, Sr. E E PART l. -INFORMATION RELEASED

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

] Requested records are available through another public distribution program. See Comments section.

APPENDICES- Agency records subject to the request that are identified in the listed appendices are already available for A public inspection and copying at the NRC Public Document Room.

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

] Document Room,2120 L Street, NW, Washington, DC.~5'n' closed is information on how you may U "

Agency records subject to the request are enclosed.

Records subject to the request that contain information originated by or of interest to another Federal agency have been

] referred to that agency (see comments section) for a disclosure determination and direct response to you.

Q We are continuing to process your request.

] See Comments.

PART l.A - FEES

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• You will be billed by NRC for the amount listed.

] None. Minimum fee threshold not met.

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{~] You will receive a refund for the amount listed. ] Fees waived.

Y o Ee PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

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g 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 writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a *FOIA/PA Appeal."

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

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( blO RE - F RE FO llON A' O PRNACY ACI OF FIGt.R Ru se i A. Powell 9807270308 900715 PDR FOIA DEL COR98-231 PDR NRc FORM 464 Part 1 (61998) PRINTED oN RECYCLED PAPER This form was designed using informs

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< s G FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE

"%ESPONSE TO FREEDOM OF INFORMATION g 15 m

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ACT (FOIA) / PRIVACY ACT (PA) REQUEST

.APPEN0 ICES __

PART ll.A - APPLICABLE EXEMPTIONS Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under B the Exe nption No.(s) of the PA and/or 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 withheid information relates solely to the intemal personnel rules and procedures of NRC.

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

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{J Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C.

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 sect on 552 of Title 5, U.S.C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.

{.. J1 Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated.

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

]- The information is considered to be proprietary because it concems 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 pursuant to 10 CFR 2.790(d)(2).

El Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during lJ litigation. Applicable privileges:

R Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the Ll deliberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional information 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)

] Attomey-client privilege. (Confidential communications between an attomey and his/her client)

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Exemption 6 The withheld information is exempted from public disclosure because its disclosure would result in a clearty L unwarranted invasion of personal privacy.

El Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) 11 Indicated (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).

] (C) Disclosure would constitute an unwarranted invasion of personal privacy.

{~1l (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal identities of confidential sources.

~1 FJ(5) ' reasonably

"" w uld reveal te hniques be expected to risk and pr eduresoffthe circumvention r law law.enf r ement investigate ns r pr secuti ns, r guidelines that c uld (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.

O ]OTHER (Specify)

PART 11.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g),9.25(h), and/or 9.65(b) of the U S. Nuclear Regulatory Commission regulations, it has been determined thit the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public intIrest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Offcer for any denials that may be appealed to the Executive Director for Operations (EDO).

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- RECORDSAEEIED PfCY S INetteUEiii-Cf -

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Assistant Secretary of the Commission ~ ~ ~ ~Appendis B- ~-' ~ ~

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^fpeafrrUt be m'ade'in writing withih'30'da'y's of receipt of this respdn~se. ' Appeals sh'duld 'be mailed'to the FOIA/ Privacy Acf0fficeri U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should I clarly state on the envelope and letter that it is a "FOIA/PA Appeal."

NRC FORM 464 Part il (61998) PRINTED ON RECYCLED PAPER This form was designed ussng informs l

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.. s Re: F01448-231 APPENDIX A RECORD ALREAEW Avan ama s NI THE POR l

accession I MIL MTE bitMMEft DEacstsPnDIN(PAGE C0tHff)

1. 12/13/97 9801200213 belter tem P. Blanch to the Chairman, stressing severalpoints hh M ,

11/14/97 meetng. (2 pages) i

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Re: FotA48-231 APPENDIX B RECORDS BEING RELEASED IN PART NO. DATE DESCRIPTMMM(PAGE COUNT)lEXIEEPTION i 1, 12/13/97 Letter kom Paul Blanch to Commisaloner E. McGaffigen summarizing points from recent discuselon. (1 page) EX. 4

2. 12/14/97 Letter kom P. Blanch to Commissioner Nils Diaz summarizing points tom 11/14/97 meeting. (1 page) EX. 8 i

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