ML20238F515

First Partial Response to FOIA Request for Documents. Documents Listed in App a Being Released in Entirety. Documents Listed in App B Being Withheld in Part (Ref FOIA Exemption 6)

ML20238F515
Person / Time
Site:	Indian Point
Issue date:	08/26/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Pinzon J NUS CORP.
Shared Package
ML20238F518	List: IA-98-261, Partially Deleted Transcript of 980520 Enforcement Conference in King of Prussia,Pa Re J Stipek.Pp 1-46 ML20238F515 ML20238F523 ML20238F524 ML20238F527
References
FOIA-98-261 NUDOCS 9809030418
Download: ML20238F515 (4)

Text

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __________ -

I l NRC FORM 464 PIrtI U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER

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p RESPONSE TO FREEDOM OF 98-261 1

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• INFORMATION ACT(FOIA)/ PRIVACY RESPONSE r TYPE J

%> ,.../ ACT (PA) REQUEST i

REQUESTER DATE g

Jairo M. Pinzon t PART l. - INFORM ATION RELEASED C No additional agency records subject to the request have been located.

Requested records are available through another public distnbution program. S ee Comments section.

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

Agency records subject to the request that are identified in the listed appendi ces are being made available for public inspection and copying at the NRC Public Document Room. j Enclosed is information on how you may obtain access to and the charges for cop ying records located at the NRC Public Document Room,2120 L Street, NW, Washington, DC.

rF AFPENDicES NJ A,15 Agency reco?ds subject to the request are enclosed Records subject to the request that contain information originated by or of int erest to another Federal agency have been

] referred to that agency (see comments section) for a disclosure determination a nd direct response to you Q We are continuing to process your request.

[ See Comments.

PART 1.A - FEES IsiouNT * ] 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.

lo*r*deiaY" l PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE I

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

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' 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.

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 tha t it is a *FOIA/PA Appeal."

PART 1.C COMMENTS (Use attached Comments continuation pace if reauired) f I

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l sc~ rue . rnuoous -on-roN Acr p e..cv Acr oer.cEn RusselfAPo 11 9909030418 980826 r PDR FOIA PINZON98-261 PDR PR NTED ON RECYCLED PAPER TNs form was desgned using informs NRC FORM 464 Part 1 (61998)

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'- NRC FORM 464 Pirt ll U.S. NUCLEAR REGULATORY COMMISSIN FOIA/PA DATE g

,64900 RESPONSE TO FREEDOM OF INFORMATION 98-261 ACT (FOIA) / PRIVACY ACT (PA) REQUEST MG . .2 6 E4

__ PART ll.A - APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under the U Exemption No.(s) of the PA and'or the FOIA as indicated be'ow (5 U.S.C. 552a and/or 5 U.S.C. 552(b)).

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

[ Exemption 2: The withheld 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.

Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restncted 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 executsve 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.

i Exemption 4: , ne withheld information is a trade secret or commercial or financial informati on that is being withheld for the reason (s) indicated.

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

] The information is considered to be proprietary because it concems a licensee's or applicant's physical protection or matenal control and )

accounting progre.m for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).

]

] The information was submitted by a foreign source and received in confldence pu rsuant to 10 CFR 2.790(d)(2). I

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

Applicable privileges:

D Deliberative process: Disclosure of predecisional tr' formation 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 predecisionalinformation.

There also aie 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 attomey in contemplation of litigation)

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

Q" Exemption 6: The withheld information is exempted frcm public disclosure because its disclos ure would result in a clearly unwarranted invasion of perst 1al pnvacy.

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

R (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 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.

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

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

U ]OTHER (Specify)

PART ll.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g that the information withheld) is exempt from production or disclosure, and that its production or disclosure is contrary to th intsrest The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any I denials that may be appealed to the Executive Director for Operations (EDO). l DENYING OFFICIAL TITLE / OFFICE ,

RECORDS DENIED [g j(*

Appendix 11 l Jarnes Lieberman l Director Office of Enforcement jg j j  !

_ i i l Appeal must be made in writing within 30 days of receipt of this response. App eats should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington. DC 20555-0001, for action by th e appropriate appellate official (s). You should clearly 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 using Informs I

i Re: FOIA-98-261 I

APPENDIX A RECORD BEING RELEASED IN ITS ENTIRETY l (if copyrighted identify with *)

NO. DATE DESCRIPTION /(PAGE COUNT)

1. 05/06/98 Viewgraphs - Management Meeting (Indian Point Unit 2). (8 pages)

2. 05/06/98 Transcript of Predecisional Enforcement Conference Between NRC and Consolidated Edison. (75 pages) i

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Re: FOIA-98-261 APPENDIX B RECORD BEING WITHHELD IN PART NO. DATE DESCRIPTION #PAGE COUNTVEXEMPTIONS

1. 05/20/98 Transcript of Predecisional Enforcement Conference between NRC arid an individual. (47 pages) EX. 6 I

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