ML20237C624

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Second Partial Response to FOIA Request for Documents. Forwards Documents Listed in App B Being Withheld in Part (Ref Exemption 7C)
ML20237C624
Person / Time
Issue date: 08/13/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Knudson M
SOUTHERN CALIFORNIA EDISON CO.
Shared Package
ML20237C626 List:
References
FOIA-98-183 NUDOCS 9808240031
Download: ML20237C624 (3)


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NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION P UIA/VA RESPONSE NUMBER

6 1998)[' %gk 98-183 2

RESPONSE TO FREEDOM OF

$h S

INFORMATION ACT (FOIA) / PRIVACY

RESPONSE

ACT (PA) REQUEST TYPE Y

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RLOutSTLH DATE Ms. Mary E. Knudson

'AUG 13 $98 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.

APPE NDICE S Agency records subject to the request that are identi'ied 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 H

public inspection and copying at the NRC Public Document Room.

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

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

r APPENDICES ~~

V 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.

g We are continuing to process your request.

See Comments.

PART l.A -- FEES Auousi*

You will be billed by NRC for the amount listed.

None. Minimum fee threshold not met.

I You will receive a refund for the amount listed.

Fees waived.

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

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

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

g Washingnn, DC 20555-0001.This determination may be appealed within 30 days by writing to the FOIA/PA Offic 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) bl r

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+ im Huai ; 91 AND PHavALV ALI Ot 6 ILtH vt R

ell A. Powel 9808240031 980813 PDR FOIA I

KNUDSON98-183 PDR l

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 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DAR l'

TESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST l

PART ll.A -- APPLICABLE EXEMPTIONS APPENoICE S 0

Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under l

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))

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

Exemption 2 The withheld information relates solely to the rternal personnel rules and procedures of NRC.

Exemption 3 The withheld information is specifically exempted from pubhc disclosure by statute indrated 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 proposats 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 proposat.

Exemption 4 The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated Theinformation is considered to be confidential business (propnetary) information Tne information is considered to be propnetary because it concerns a heensee'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 Dekberative 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 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 pnvilege (Documents prepared by an attorney in contemplation of htigation)

Attomey-chent pnvilege (Confidential communications between an attorney and his/her client)

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

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Exemption 7. The withheld information s,onsists 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 J. 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 viol 6 tion of NRC requirements from investigators).

[ (C) Disclosure would constitute an unwarranted invasion of personal pnvacy (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 (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions. or guidehnes that could reasonably be expected to nsk circumvention of the law (F) Disclosure could reasonably be expected to endanger the hfe or physical safety of an individual OTHER (Specify)

PART 11.8 -- 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 that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any dinials that may be appealed to the Executive Director for Operations (EDO)

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED

[gNhomc g

Guy P. Caputo Wector,0ffice of ins estimations App B l

l Appeal rnust be made in wnting within 30 days of receipt of this response. Appeals should be mailed to the FOIA/Pnvacy Act Officer.

U S Nuclear Regulatory Commission, Washington. DC 20555-0001, for action by the appropriate appellate official (s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appea: "

NRC FORM 464 Part il (61998)

PRINIED ON RECYCLED PAPE H TNs form was des 7'ed usmg 14 cm'.s

Re: F01A 98 183 APPENDIX B RECORDS BEING WITHHELD IN PART 11 0.

DAll DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1

01/09/97 Exhibit 6 to 01:R01 4-96-056 - Transcript (141pp)

(pages 146-232 are being retained in 01 files since these pages are SONGS records &

requester does not want copies). - EX. 7C 1

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04/28/98 16:03 G 818 302 1910 EMPLOY LW & BEN

@ 002 i-N NN EDISON Mary E.Knudson

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April 28,1998 l

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VIA FAOSTMITR & U.S.1GIL i

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I Mr. Russell Powell Chief-FOIA Office U.S.N.R.C.

Washington, D.C. 20555 Re:

FOIA REQUEST

Dear Mr. Powell:

I am requesting under the FOIA provisions all records, files, correspondence and reports concerning the following file:

OI Case IV-96056, Alleged discrimination for engagingin protected activities.

Please let me know the cost ofreproducing the documents and the manner in which we can make payment to your office when they are ready to be released. My telephone number is (626) 302-3258.

Very truly yours, Mary E. Knudson MEK4acLW9811aa.197 I

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