ML20247F344
| ML20247F344 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 05/12/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Jim Hickey SHAW, PITTMAN, POTTS & TROWBRIDGE |
| Shared Package | |
| ML20247F347 | List: |
| References | |
| FOIA-97-365 NUDOCS 9805190293 | |
| Download: ML20247F344 (5) | |
Text
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NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION RESPONSE NUMBER
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FOIA/PA 97-365 7
RESPONSE TO FREEDOM OF n
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INFORMATION ACT(FOIA)/ PRIVACY k*.***/
RESPONSE
ACT (PA) REQUEST TYPE b
REouESTER DATE J. Patrick liickey N 12 h, 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.
O APPNblCEI 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.
APPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for 11, I public inspection and copying at the NRC Public Document Room.
] Document Room,2120 L Street, NW, Washington, DC. Enclosed is information on how you may obtain APPENDICES
_j Agency records subject to the request are enclosed.
] ' referred to that agency (see comments section) for a disclosure determination and dire Q We are continuing to process your request.
] This completes NRC's action on your request.
PART LA - FEES Fen LoVNT
- 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.
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PART 1.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
] No agency records subject to th.e req sest have been located.
iQ 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.
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. Clear 1y state on the envelope and in the letter that it is a "FOIA/PA Appeal."
PART l.C COMMENTS (Use attached Comments continuation page if required)
The record identified as H/2 is copyrighted. You may view the record only at the NRC's Public !Mcument Room located at 2120 L Street, N.W., Washington, DC 20555.
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N SIGNAT L. F HLt FOR ION i AN IVACY ACT OF FICLR
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.Po 9805190293 980512 PDR FOIA HICKl:.Y97-365 PDR NRC FORM 4s4 Part 1 (3-1998)
PRINTED ON RECYCLED PAPER This form was designed using informs
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NRC FORM 464 Part li U.S. NUCLEAR REGULATORY COMMISSION DAT E RESPONSE TO FREEDOM OF INFORMATION FOIA/PA 97-365 g gg g ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS APPENDICES -.
I 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 FOLA as indicated below (5 U S C 552a and/or 5 U S C. 552(b)),
] Exemption 1: The withheld information is properly classifed pursuant to Executrse Order 12958.
] Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.
] Exemption 3: The wl3 held information is specifically exempted from public disclosure by statute indicated.
Sections
{-'1 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restncted Data (42 U.S C.
1 2161 2165).
] Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U S C. 2167).
{J 41 U S C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an
]
executivo 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.
[J Exemption 4: The withheld information is a trade secret or commercial or financialinformation that is being withheld for the reason (s) 7 indicated.
] The information is considered a be confidential business (propnetary) information.
[ ~1 The information is considered to be propnetary because it concerns a licensee's or applicant's physical protection or material contrnl and L_I 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)
El Exemption 5 The withheld information consists of interagency or intraagency records that are not available through discovery dunng lJ litigation. Applicable pnvileges:
Deliberative process:
0 deliberative process. Where records are withheld in their entirety, the facts are enertncably intertwined with the predecisi 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 attorney in contemplation of litigation)
] Attomey-chent privilege. (Confidential communications between an attomey and his/her client)
[l Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly l
unwarranted invasion of personal pnvacy r
Exemption 7: The withheld information consists of records compiled for law enforcement purposes 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 LJ focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potent'al wrongdoing or a violation of NRC requirements from investigators).
r (C) Disclosure would constitute an unwarranted invasion of personal privacy.
LR (D) The information consists of ames of individuals and other information the disclosure of which could reasonably be expected to reveal J
identities of confidential sources.
F l (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could LJ reasonably be expected to nsk circumvention of the law.
] ]OTHER (Specify)
(F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual, PART ll.B - DEI rlNG 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 thit the information wittiheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public int: rest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
Yefy DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED Gry P. Caputo Director, OfTice of Investigations ~ ~ ~~ ~ '
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Appeal must be made in wrMng within 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should cle:rly state on the envelope s'1d letter that it is a "FOIA/PA Appeal."
NRC FORM 464 Part il (3-1998)
PRINTE D ON RECYCLED PAPER T his form was designed using inF orms
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V RE:
FOIA-97-365 APPENDIX H RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)
NQ.
DATE DESCRIPTION /(PAGE COUNT) 1.
Various Case Chronology (1-96-005), (5 pp)
Dates 2.
Various
- Newspaper Articles, (3 pp)
Dates 3.
02/96 Investigation Status Record (1-96-005), (1 p) 4.
03/03/96 Memorandum of Call from D.
Gibson to R.
Matakas (1 p) on same page, note dated 3/11/96, Note from Individual 5.
03/29/96 Letter to Richard Matakas from David A.
Gibson,
Subject:
Vermont Yankee, (1 p) 6.
04/04/96 Conversation Record,
Subject:
Interview of Individual, (1 p) 7.
Undated Tyewritten Investigator Note - Proceedings for Interview of Individual (1 p) 8.
06/19/96 Telephonic Interview Report of Individual, (2 PP) l 9.
06/17/96 Employment Authorization by Individual, with l
addressed envelope to Richard Matakas, (2 p) 1 10.
07/19/96 Letter to David A.
Gibson, from Peter R.
Robb,
Subject:
Individual - Vermont Yankee, l
(2 pp)
I 11.
07/29/96 Letter to Peter Robb, from David Gibson,
{
Subject:
Individual - Vermont Yankee, (2 pp) j l
12.
07/30/96 Letter to Jonathan Orris, from Peter B.
j Robb,
Subject:
Individual - Vermont Yankee, (1 p)
4 l
l l
2 l
l l
13.
07/31/96 Letter to David Gibson, from Petter B.
- Robb, subject: Individual - Vermont Yankee Nuclear Power Corp., (1 p) 14.
08/30/96 Letter to Petter B.
Robb, from David A.
Givson,
Subject:
Individual - Vermont Yankee, (1 p) 15.
09/17/96 NRC Staff's Opposition to Interveners' September 13, 1996 Motion for Leave to Reply
- In the Matter of Yankee Atomic Electric company - Docket No.
50-029-DCOM, (6 pp) 1 16.
12/10/96 US NRC-Supboena to John Orris, in the Matter of: NRC Investigation 1-96-005, (1 p) 17.
01/10/97 Memorandum to File 1-96-005, from Jeffrey A.
Teator, Subject 3 Telephone Conversations with Individual, (1 p) 18.
01/15/97 Letter to Jeffrey Teator, from William M.
McCarty, Subject Individual - Vermont Yankee, with attached envelope, (2 pp) 19.
03/05/97 Memorandum to File 1-96-005, from Jeffrey A.
Teator,
Subject:
Individual's Review of his June 5, 1996, Transcript of Interview, (1 p)
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RE:
FOIA-97-365 APPENDIX I RECORDS BEING WITHHELD IN PART NQ.
DATE DESCRIPTION / (PAGE COUNT) / EXEMPTIONS 1.
Various Certified Mail Receipts to Individual and Dates executed Return Receipts (4 pages) EX.
7C 2.
Undated Investigator's Typewritten list of questions for interview (6 pages) EX.
7C 3.
Various Investigator's Handwritten Note (120 pages)
Dates EX.
7C 4.
09/15/95 Letter to Vermont Yankee, from Individual,with attachments, subject:
Application for Position (7 pages) EX.
7C 5.
07/01/96 Letter to Richard Matakas, from David A.
Gibson,
Subject:
Vermont Yankee - Individual, (1 page) EX.
7C 6.
07/11/96 Letter to Peter B.
Robb, from David Gibson,
Subject:
Individual - Vermont Yankee (2 pages) EX.
7C 7.
07/19/96 Fax to Peter (Robb), from David Gibson (1 page) EX.
7C 8.
07/17/96 Letter to David Gibson, from Peter B. Robb (1 page) EX.
7C 9.
08/06/96 Letter to Peter B.
Robb, from David Gibson,
Subject:
Individual - Vermont Yankee (3 pages) EX.
7C 10.
09/03/96 Letter to David A.
Gibson, from Craig E.
Goldberg,
Subject:
Individual (1 page) EX.7C 11.
Undated Claim Form (1 page) FX.
7C 12.
12/16/96 Interview Report of Individual (3 pages)EX 7C 1
i SHAW, PITTMAN, PoTTs & TROWBRIDGE A PARTNE RSHIP 8NCLUDING PROFE S$ TONAL CORPORATIONS j
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September 19,1997 Mr. Russell A. Powell, Chief Freedom of Information Act/ Local Public Document Room Branch U.S. Nuclear Regulatory Commission Mail Stop T-6 D8 Washington, D.C. 20555-0001 Re:
Freedom of information Act (FOIA) Request
Dear Mr. Powell,
Pursuant to 5 U.S.C. 9 552 (a)(3) and 10 C.F.R. 9 9.23, I am requesting all documents relating to the investigation by the NRC Region i Office of Investigations of Case No. 1-96-005 (allegations related to Vermont Yankee).
I agree in advance to pay any reasonable fees associated with this request.
Thank you for your prompt attention to this request. I look forward to your response within ten (10) days, as required by NRC and FOIA regulations.
Sincerely, 3
J. Patrick Hickey {
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