ML20244C465
| ML20244C465 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/17/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Belair R KIRKPATRICK & LOCKHART |
| Shared Package | |
| ML20244C468 | List: |
| References | |
| FOIA-89-100 NUDOCS 8904200228 | |
| Download: ML20244C465 (4) | |
Text
- - _ _ - - _ _ _ _ - - - _ _ _ _ _ _ _ _ _ - _ - - _ - -
- _ = _.
l
. U.S. NUCLEAR REGULATORY COMMISSION wac toia ntoutst NuMems>
I i
P FOlA 100 i
/,)7 y
usaO~se rm
[
j RESFO E TO FREEDOM OF (X In~x l l aia,*t
^"
i INFORMATION ACT (FOIA) REQUEST s
/
APR 171989 s
OOcKE f NuMBERISI #r pphedNej a
REQUES TE R l
Robert R. Belair PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED !See checked boxes)
-l No egency records subject to the request have been located.
No additsonal agency records subject to the request have been located.
I Rrquested records are available through another pubhc distnbution program. See Comments Section.
j i
Agency records subject to the request that are dentified on Appendiales) are already available for pubhc inspection and copying in the i
NRC Public Document Room 2120 L Street. N W., Washmgton, DC 20555 l
Agency records sub ect to the request that ar3 identified on Appendialesi are being made availasle for pobhc inspection and copying in the i
I NRC Public Document Room, 2120 L Street, N.W., Washmgton. DC, in a fold.i under this FOIA number and requester name.
yy The nonproprietary version of the proposalfs) that you agreed to accept in a telephone conversation with a member of my staff as now being made available for pubhc inspection and copying at the NRC Pubhc Document Room 2120 L Stre'at, N.W., Washington DC in a folder undel this FOIA number and requester n&me.
Agency records subject to the request that are rdentified on Appendialesi may be inspected and copied at the NRC Local Pubhc Document Room identified in the Camments Section Enclosed is information on how you may obtain access to af.d the charges for copying records placed in the NRC Public Document Room, 2120 L Street. N W,
1 Washington, DC.
Agency records sub,ect to the request are enclosed.
yv Racords subject to the request have been referred to another Federal agencylies) for review and direct response to you.
qt XX yo, iii 3e b,,,,d by tne unC,o, fees totahng, ppa y in view of NRC's response to this request, no further action is being tamen on appeal letter dated _
_ No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE j
.Certain information in the requested records is being withheld from pubke desclosure pursuant to the esemptions desc XX copying in the NRC Pubhc Occument Room 2120 L Street, N.W., Washington. OC.in a folder under this FOtA number and requester name.
COMMENTS
'l 8904200220 B90417 FOIA PDR PDR BELAIRe9-100 4
I SIGNAT IRECTOR, DIVISIO OF FREE OF INFORMATION AND PUBLICATIONS SERVICES C481
/
f-FREEDOM OF INFORMATION ACT RESPONSE FOfA NUMBERt$r FOIA 89-100 DAM.
l' PART 11.5-APPLICABLE EXEMPTIONS R3 cords subicct to the request that are described on the enclosed Append lx(es) are being wkhheld in thest entirety or in part under the Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 917(a) of NRC Regulations.
- 1. The withheld information is properly classified pursuant to Executive Order (EXEMPTION 1)
~
- 2. The withheld information relates solely to the intomal personnet rules and procedures of NRC. (EXEMPTION 21 l
- 3. The withheld information is specifically esempted from pubhc disclosure by statute endicated. (EXEMPTION 3)
Sections 141 145 of the Atomic Energy Act wh<ch prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 L.r S C. 216121651.
Section 147 of the Atomic Energy Act which prohibits the disc}osure of Unclassihed Safeguards information (42 U S C. 2167).
'I
!~
4, The withheld information is a trade secret or comtvercial or financial information Wat is being withheld for the reason (s) indicated. (EXEMPTION 4) j
'i The information is considered to be confidential busniess (proprietary) information.
The information is considered to be propnetary information pwsuant to 10 CFR 2.793td)(11 l
The information was submitted and received in conhdence pursuant to 10 CFR 2 790id)(21 XX
- 6. The withheld information consists of interagency or intraagency records that are not avadable through discovery dunng htigation, (EXEMPTION 61. Appkcable Pnvilege L
i Dehberative Process: Disclosure of predecisionalinformahon would tend to inhibet the open and franit enchange of ideas essential to the dehberative process.
l Where records are withheld in their entirety, the f acts are inentncably intertwined with the predecisionalinformation. There siso are no reasonably segregable f actua' XX portions because the release of the f acts would permit en mdirect inquiry into the predecisional process of the agency-Attorriey workproduct pnvilege (Occuments prepared by an attorney in contemplation of htigation i Attorriey -chent pnvilege (Confidential communications between an attorney and his her chent i
- 6. The withheld information is enempted from pubhc disclosuie because its disclosure would result in a clearly unwarranted invasion of personal pnvecy. IEXEMPTION 61
- 7. The w'thheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION T}
Disclosure could reasanably be expected to interfere with an enforcement,,roceeding because it could reveal the scope, direction, and focus of en-forcement of forts and thus Could possibly allow them to Ialie action to shield potential wrongdoing or a violation of NRC requirements from investigators.
EXEMPDON 71AH Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7(Cil The information consists of names of individuals and other information the disclosure of which could eeasonably be enDected to reveal sdentities of confidential sources IE XEMPTION 7 (OH Oil 1LR PA3T 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b) and or 9 25 (c) of the U S Nuclear Regulatory Commission regulations. it has been determined that the information withheld is enempt j
from production or disclosure, ard that its production or disclosure is contrary to the public interest The persons responsible for the denial are those othcials identified below as dersying otheials and the Director, Division of Freedom of Information and Pubhcations Services Othee of Admmistration and Resources Management, for any
-j denials that anay be appepied to the Executive Director for Operations IEDOI.
DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE OFFICIAL SECRET M Y EDO William T. Russell Regional Administrator, Reg. I Appendix F XX l
1 1
PART II. D-APPEAL RIGHTS The denial by each denying officialidentihed in Part 11 C may be appealed to 'he Appellate Official identihed in that Baction. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operauona or to the Secretary of the Commission.
U.S. Nuclear Regulatory Commission. Washington, DC 20555, and should clearly state on the envelope and in the letter that it ts an " Appeal from an initial FOIA Decision."
U.S. NUCLEAR REGULATORY COMMISSION NRC FORM 464 (Par 12)
FOIA RESPONSE CONTINUATION l
.n, J
Re: F01A-89-100 i
APPENDIX E i
DOCUMENT BEING PLACED IN THE PDR l
i 1..
2/1/89 Letter from E. Reis to W. Cununing, re: Shoreham.
(3 pgs) j u
i f
i i
1 l
i i
l 1
i i
H
, l[
)
i l
Re:
-o APPENDIX F' DOCUMENTS WITHHELD IN PART PURSUANT TO EXEMPTION 5 1.'
10/4/88 Memorandum from Edwin Fox to Ihor Husar, subject:. Review of-Shoreham Public Information Document, with enclosure: Specific 1
Comments.
(3 pages) [ Portions of page.1 released]
2.
.12/15/88 Memorandum from Edwin Fox to Ihor Husar, subject:
Review of LILC0's Response to FEMA Post' Exercise; Assessment June 7-9,'1988 of the Local Offiste Radiological Emergency _ Response Plan; Response to RAC' Review Comments for Revision 10 of This Plan; and LILC0's Ingestion. Pathway Brochure.- (6 pages) [Page 1 released]
3.
12/19/88 Facsimile Request from E. Fox to Paul ~Weberg, with enclosed comments on the Plan.
(14 pages)-[Page 1 being released]
[ Portions of this document have been referred to FEMA for disclosure determination and direct response.to you.]
i i
'l l
l i
= _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
[:
o i
'KIRKPATRICK & LOCKHART SotIn{ LOBBY. 7TH floor ExCHANot PLAct A
T 1800 M STREET, N.W WASHINoToN, D C. 20045891 seta Uruoo 1428 BRICKELL AVENUE M1AMI, FL Hill TELifHONE (202) M69000 (105) !?4 8112 TYLEX 440209 KL DC UI IW OUVE6, BUILENO 11LICOftER (202) M&9KO PtTTSBURCH, PA 15H2-SH9 Ro8ERT R. BELAIR 002) U&904 l
a.
March 2, 1989 g g,;.M (" E......I HAND DELIVERED M"
KI N l
Director, Offica of Administration Nuclear Regulatory Commission fg[
- r Room P378 g /h j.J = p 9
'I 7920 Norfolk Avenue
/
Bethesda, Maryland 20814 Re:
Freedom of Information Act Request' Gentlemen:
On behalf of our client, Suffolk County, Long Island, New i
York, we request, pursuant to the Freedom of Information Act, as amended, 5 U.S.C.
Section 552 ("FOIA"), and the rules of the Nuclear Regulatory Commission ("NRC") issued' thereunder, 10 i
C.F.R.
Part 9., copies of correspondence, memoranda, notes,
'l i
reports, or other recorded materials regard'.ess of physical form or characteristic
(" records") in the possession or control of the i
NRC. dated September 1988 or thereafter relating to the Long Island Lighting Company's emergency plan for the Shoreham Nuclear Power Station, including any review of that plan by the Federal Emergency Management Agency
(" FEMA") or its Regional Assistance Committee or any members thereof.
In the event that access is denied to any of the records responsive to this request, please supply the following information:
Identify the record of withheld portion of the record a.
and specify the statutory basis for the denial, as well as your reason for believing that an exemption applies, required by 10 C.F.R. Section 9.10 (b).
1 b.
Segregate the nonexempt from the allegedly exempt portion' of any withheld, records and release the former, as required by 10 C.F.R. Section 9.5 (b).
l c
l I
i, KIRKPATPJCK & LOCKHART Director, Office of Administration Nuclear Regulatory Commiesion March 2, 1989 Page 2 j
b.
Segregate the nonexempt from the allegedly exempt portion of any withheld records and release the former, as required by 10 C.F.R.
Section 9.5(b).
c.
Supply a detailed statement of the content of the withheld document or portion thereof, along with the date on which that document or portion thereof was written; its section heading or title; and an identification of any persons or l
entities who have received copies of such records or portions thereof,-as required by applicable case law.
Vaughn v. Rosen, 484 F.2d 820, 826-827 (D.C. Cir. 1973).
d.
Separately state your reasons for not invoking your discretionary power to release the allegedly exempt records or portiens thereof.
j The undersigned will pay charges for search time and copying fees, as provided by NRC regulations, 10 C.F.R.
Section 9.14.
If l
search and copying fees to be incurred by the undersigned will l'
exceed $1000.00, please contact Rose Hlaing at (202) 778-9245 before this sum is exceeded.
Any questions or comments concerning this request may also be directed to Ms. Hlaing.
We expect to receive your response to this FOIA request j
within ten (10) working days of your receipt of this request, as required by the FOIA, and as set forth at 10 C.F.R.
Section
- 9. 9 (a).
SincereJy,
.. - ~
l C_...
i Robert R.
Belair i
I
_ _ - _ _ _ _ - _ - _ _