ML20237C228

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Final Response to FOIA Request for Documents.Forwards App B Documents Being Released in Entirety,App C Records Being Withheld in Part (Ref Exemption 5) & App D & E Records Being Withheld in Entirety (Ref Exemption 5)
ML20237C228
Person / Time
Site: Three Mile Island Constellation icon.png
Issue date: 08/17/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Degooyer J
HOPKINS, SUTTER, HAMEL & PARK (FORMERLY HOPKINS &
Shared Package
ML20237C231 List:
References
CON-NRC-04-88-086, CON-NRC-4-88-86, FOIA-98-182 NUDOCS 9808210031
Download: ML20237C228 (6)
v • d • e


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  • NRC FORM 464 P: rt i U.S. NUCLEAR REGULATORY COMMISSION PUIA/VA RESPONSE NuMBEA .

'y M 998)

[" 4 98-182 2

  1. RESPONSE TO FREEDOM OF I E INFORMATION ACT(FOIA)/ PRIVACY k * . . ~[ RESPONSE -

ACT (PA) REQUEST TYPE Yi b-]

REQutSILH DATE John G. DeGooyer MG.17 SS PART 1. --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.

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~ APPENDICES' ~ ~

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

APP No CEs Q ~

H 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. l

{ ~-] Document Room,2120 L Street, NW, Washington, DC.Enciosekiis information on how you ma Ir ' APPENDicE S M B, C Agen y re rds subject to the request are enclosed.

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[- ~] referred to that agency (see comments section) for a disclosure determination and direct response

[ ] We are continuing to process your request.

] See Comments.

PART l.A - FEES AMOUNT' You will be billed by NRC for the amount listed.

[ ] None. Minimum fee threshold not met.

$ 133.75

[ l You will receive a refund for the amount listed.{ j Fees waived.

cY PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

Q Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part ll.

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 CCMMENTS (Use attached Comments continuation page af required)

The actual fees for processing your request are as follows:

5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> clerical search: 5 86.95 234 pages duplication: 46.80 TOTAL $133.75 I You will be billed in the amount of $133.75 by the NRC Division of Accounting.

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NAIUML i *'t UF UNMAll - 4 (NU PHIVALY AL I Uf tlLLH Ns W .Powel

! 9808210031 980817 PDR FOIA DEGOOYE98-182 PDR NRC FORM 464 Part 1 (61998) PRINTED ON RECYCLED PAPER This form was designed using informs

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\ NRC FORM 464 P;rt il U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE

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'lESPONSE TO FREEDOM OF INFORMATION 98 182 $}.G 17 sga ACT (FOIA) / PRIVACY ACT (PA) REQUEST

_ PART ll.A - APPLICABLE EXEMPTIONS C0 b. Records subject to the request that are described 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(b)).

Exemption 1: The withheld information is properly classifeo pursuant to Executive Order 12958.

[ Exemption 2: The withheld information relates solety to the intemal personnel rules and procedures of NRC.

[ Exemption 3: The withheld information is %cifically exempted from public disclosure by statute indicated.

O Sections 141-145 of the Atomic E% % #ct, which prohibits the disclosure of Rest /lcted Data or Formerly Restricted Data (42 U.S.C.

2161 2165).

] Section 147 of the Atomic Enw g/ 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 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.

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

Q The information is considered to be confidential t usiness (proprietary) informa tion.

The information is considered to be proprietary because it concerns 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 pu rsuant to 10 CFR 2.790(d)(2).

Q Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during I;tigation.

Applicable privileges:

Q Deliberative process: Disclosure of predecisional information would tend to in hibit 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 privilege. (Documents prepared by an attomey in contemplation of litigation)

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

[ Exemption 6: The withheld information is exempted from public disclosure because its disclos ure would result in a clearty unwarranted invasson of personal privacy.

Exemption 7: The withheld information consists of records compiled for law enforcement purpo ses and is being withheld for the reason (s) indicated.

Disclosure could reasonably be expected to interfere with an enforcement proceeding (e.g., it would reveal the scope, direction, and (A) focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or requirements from investigators).

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

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

(E) Disclosure would reveal techniques and procedures for law enforcement investiga tions or prosecutions, or guidelines that could reasonably be expected to risk circumvention of the law. l l (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.

OTHER (Specify)'

PART ll.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(q.

thit the information withheld) is exempt from production or disclosure, and that its production or disclosure is contrary to th int:r:st. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denirls that may be appealed to the Executive Director for Operations (EDO).

I DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED d"((g E C Im rence J. Chandler Appendices C & E land_Admirustratmn. Associate General Counsel for llearings, Enforement g

I'dward L IIalman lDirecotr, Office of Administration Appendix D y

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l Appeal rnust be made in writing within 30 days of receipt of this response. App eats should be mailed to the FOIA/ Privacy Act Officer, j U.S. Nuclear Re ulatory Commission, Washington. DC 20555-000f, for action by th e appropriate appellate otheial(s). You should citarly state on t e envelope and letter that it is a *FOIA/PA Appeal." l NRC FORM 464 Pan it (6-1998) PRINTED ON RECYCLED PAPER This form was desoned using informs

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i Re: FOlA-98-182 APPENDlX B RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)

fEL DATE DESCRIPTION #PAGE COUNT)

1. 2/6/89 Memo from S. J. Chi!k to V. Stello, subject: Limited Indemnification Under Contract Number NRC-04-88-086. (2 pages)
2. 2/8/89 Memo from B. Kildee to T. Hagan, subject: Contractual Agreement to Indemnify GPUN; Satisfaction of Requirement for Time Limitation. (1 page)
3. 9/6/88 Memo from B. Sheron to E. Beckjord, subject: Need for indemnification of the USNRC Contractor MPR, Against Catastrophic Loss During Execution of the USNRC-Sponsored Program to Cut Metal Specimens from the Damaged Lower Heat of the TMI-2 Reactor Pressure Vessel, with enclosures. (12 pages)
4. 12/30/88 Memo from V. Stello to Chairman Zech, subject: Request for Approval of Limited indemnification Under Centract No.. NRC-04-88-086. (5 pages)
5. Undated Handwritten notes of meeting on Indemnification Request. (1 page) i

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Re: FOlA-98-182 APPENDIX C RECORDS BEING WITHHELD IN PART mom DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS i

1. 12/9/88 Fax sheet sent 12/9/88 to Paul Edgeworth from B. Kildee, released, (1 page), with attached draft annotated memo, subject: Memo on MPR/GPU Indemnification, with handwritten notes, (1 page), withheld, EX. 5, DELIBERATIVE PROCESS
2. 2/10/89 Fax sheet sent 2/10/89 to Paul Edgeworth from B. Kildee, released, (1 page), with attached memo from Hudson to Commissioner Rogers, subject: Alternatives to Limited Indemnity, (2 pages), Withheld in part, EX. 4 and EX. 5, DELIBERATIVE PROCESS AND ATTORNEY-CLIENT PRIVILEGE MATEFilAL.

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Re FOIA-98-182 APPENDIX D RECORDS BEING WITHHELD IN THEIR ENTIRETY l

MQ, DATE DESCRIPTION #PAGE COUNT)/ EXEMPTIONS

1. Undated Typed and handwritten notes on Memorandum to File. (2 pages)

EX.5

2. 9/14/88 Handwritten notes of phone call from Bill Hancock, MPR, to P.

Edgewodh. (1 page) EX. 5 1

3. 9/21/? Handwritten notes. (4 pages) EX. 5
4. 10/31/88 Handwritten notes from Paul to Marie. (2 pages) EX. 5 i

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Re: FOIA-98-182 l

APPENDIX E l RECORD BEING WITHHELD IN ITS ENTIRETY t

j MQ, DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 9/2/88 Memo from Brian Kildee to Marie Page, subject: MPR Request for 85-804 Indemnification. (2 pages) EX. 5, Attorney-Client Privilege l

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D5Ra'2 ._..# - A9- 18 April 24,1998 .ickn O!!: BA c,M"a r~p,7*-

VIA CERTIFIED MAIL - RRfURN RECEIPT REQUESTED Mr. Russell Powell i Freedom ofInformation Officer l United States Nuclear Regulatory Commission i Mail Stop T6D8 Washington, D.C. 20555 Re: Freedom ofInformation Act Reauest

Dear Mr. Powell:

Pursuant to the Freedom ofInformation Act,5 U.S.C. 8 552, and 10 C.F.R. Part 9 request is hereby made for disclosure and inspection and copying of the documents described below:

Any and all documents from January 1,1986 to the present that relate in any manner to any requests for indemnification under P.L.85-804 against " unusually l hazardous" or " nuclear" risks, or any other contingent liabilities, including all documents relating to the review, l evaluation, and disposition of such requests at the Secretariallevel or by the NRC Contract Adjustment Board.

This request constitutes notice of demand for production of the above-referenced documents for the purposes of inspection and copying. If, for any reason, it is determined that the documents requested herein will not be made available to the undersigned, or that this request will not, in whole or in part, be complied with, please notify the undersigned of such action within ten (10) days of the receipt of this request.

P67841 way

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e l Mr. Russell Powell .

April 24,1998 '

Page Two This request should be consideod an appeal from any decision denying any portion of this request and prompt Ace of any action taken with respect to such appeal is requested.

The undersigned will be responsible for the reasonable costs of locating and reproducing the requested documents to the extent required by your regulations.

If you have any questions concerning this request, please call me at 835-8078.

Very truly yours.

W b o n G. DeGooyer JGD/llb 4

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