ML20236U924

Final Response to FOIA Request for Documents.Records Subj to Request Encl & Identified in App A.App B Records Being Withheld in Part (Ref FOIA Exemption 7)

ML20236U924
Person / Time
Site:	Palo Verde
Issue date:	07/28/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Ross M FLORIDA POWER & LIGHT CO.
Shared Package
ML20236U926	List: IA-98-273, Partially Deleted Investigation Rept 5-93-023R.No Noncompliance Noted.Investigation Conducted to Determine Whether Technician Vacancy at Plant Had Been Discriminated by Plant ML20236U924 ML20236U939 ML20236U951
References
FOIA-98-273 NUDOCS 9807310181
Download: ML20236U924 (4)

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FOIA/PA 98-273

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= nlfy'PRESPONSE TO FREEDOM OF INFORMATION ACT(FOlA)/ PRIVACY k'/ *..s ACT (PA) REQUEST

RESPONSE

TYPE Y '

HEOutbiEH DATE Mitchell S. Ross E 1 8 1998 PART L -INFORMATION RELEASED (See checked boxes)

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

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

APPENDICES ~~

Agenc/ records suoject to the request that are identified in the listed appendices are already available for 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 A,B public inspection and copying at the NRC Public Document Room.

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Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public

- Document Room,2120 L Street, NW, Washington, DC.

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Agency records subject to the request are enclosed.

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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.

We are continuing to process your request.

1 g This completes NRC's action on your request. l l

PART 1.A - FEES Fees

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• You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.

$ 43.27 You will receive a refund for the amount listed. Fees waived.

to de s PART LB -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.

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.

g Washington, DC 20555-0001.This Clearly state determination on the envelope mayandbein appealed the letter thatwithin 30 daysAppeal."

it is a "FOIA/PA by writing to the FOIA/PA Off PART 1.C COMMENTS (Use attached Comments continuation page if required) l The fees for processing your request are:

I hr. professional resicw @ S35.67 per hr. = $35.67 Duplication of 38 pages @ $0.20 per page = S 7.60

/j Total = $43.27 fj 1

9007310181 980728 Pr PDR FOIA ROSS98-273 PDR SibNA HE-FRL ~I NF OHMADO A I PRIVACY ACT OFFICER Russeu A7owel ' #

NRc FORM 464 Part 1 (3-1996) PRINTED oN RECYCLED PAPER Thrs form was designed using informs

1 e l NRC FORM 464 P1rt il U.S. NUCLEAR REGULATORY COMMISSION DATE l 3-1998)

' RESPONSE TO FREEDOM OF INFORMATION FOIA/PA 98-273 ACT (FOIA) / PRIVACY ACT (PA) REQUEST TU*

APPCND Es , 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 the Exemption No (s) of the PA and/or the FOIA as indicated below (5 U S C. 552a and/or 5 U S C. 552(tG).

Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958, l Exemption 2. The withheld information relates solely to the intemal personnel rules and procedures of NRC.

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

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).  ;

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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 financialinformation that is being withheld for the reason (s) indicated.

The information is con-idered to be confidential business (proprietary) information.

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The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or matenal control and accounting program for special nuclear matenal 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).

Exemption 5 The withheld information consists of interagency or intraagency records that are not available through discovery dunng litigation. Apphcable pnvileges: 1 Deliberative process. Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextricably 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.

Attomey work-product pnvilege (Documents prepared by an attorney in contemplation of litigation)

Attorney-client privilege (Confidential communications between an attorney and his/her client)

Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy.

g Exemption 7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) 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 potentral wrongdoing or a violation of i NRC requirements from investigators).

' g (C) Disclosure would constitute an unwarranted invasion of personal pnvacy. ,

(D) The information consists of names of individuals and other information; the dsclosure of which could reasonably be expected to reveal identities of confidential sources.

(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expected to nsk circumvention of the law.

(F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.

C'HER (Specify)

PART 11.B - DENYING OFFICIALS i 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 ,

th:t the information withheld is exempt from prcduction or disclosure, and that its production or disclosure is contrary to the pubdc 1 int: rest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any

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nials that may be appealed to the Executive Director for Operations (EDO).

l DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED

"[c Guy P. Caputo Director, Office of Ins estimations Appendis B ~ x I

l Appeal must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy'Act Officer, l U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should cl:arly state on the envelope and letter that it is a "FOIA/PA Appeal."

NRC FORM 464 Pan 11 (3-1998) PRINTEo ON RECYCLE o PAPER Trns form was cesegmed using Inf orms i

a f)

FOlA 98-273 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)

1. 12/20/95 Memorandum for L Callan from L Williamson,

Subject:

Supplemental Information/ Closure - Palo Verde Nuclear Generating Station: Alleged Employee Discrimination (Case No. 5-93-023S) (3 pages) l l

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<Q FOIA-98-273 APPENDlX B RECORDS BEING WITHHELD IN PART l

i NO. DATE DESCRIPTION 4PAGE COUNT)/ EXEMPTIONS

1. 5/11/94 OI: ROI 5-93-023R, Palo Verde Nuclear Generating Station: Alleged Employee Discrimination (35 pages) EX. 7C l

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