ML20247H118

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Final Response to FOIA Request for Records.App a & B Records Available in Pdr.App B Records Encl.App C Records Withheld in Entirety (Ref FOIA Exemption 5)
ML20247H118
Person / Time
Site: Nine Mile Point Constellation icon.png
Issue date: 07/27/1989
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Crook K
DEVONRUE, LTD.
Shared Package
ML20247H124 List:
References
FOIA-89-221 NUDOCS 8907280285
Download: ML20247H118 (5)
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INFORMATION ACT (FOlA) REQUEST

%, ee 9U1. 2 71968 DOCKET 8%lfdBUHsi(rf applicatM h , h l P' ART l.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checAed boxesJ No agency records subject to the request have been located. H No additsonal agency records subject to the request have been located.

j Requested records are available through another public distribution program. See Comments Section.

A Agency records sublect to the ter'uest that are identified on AppendsalesL are already available for public inspect 6on and copying an the NRC Pubhc Document Room 2120 L Street, N W., Washmpton. DC 20555 Agency records sutgect to the request that are identified on AppendiatesL _ are being made available for pubhc snspecten and copymg sn the l NRC Public Document Room, 2120 L Street N W., Washington. DC. m a folde nder this FOIA number and requester name.

The nonpropnetary versson of the propo'.alts) that you agreed to accept an a telephone conversaten with a member of my statt s now besng made available for public '

i inspection and copying at the NRC Pubhc Document Room 2120 L Street. N W, Washington, DC. m a folder undos this FOIA number and rooucster name.

Agency records outgect to the request that are identsfiedon Appendentest may be mapected and copeed at the NRC Local Public Document Room edentified in the Comments Secten.

Enclosed is information on how you may obtem access to and the charges for copying records placed m the NRC Pubhc Document Ruom. 2120 L Street, N W .

Washington, DC.

Agency records subject to the request are enclosed Records subsect to the request have been referred to another Federal agencybes) for review and direct response to you.

You will be billed by the NRC for fees totahng 8 in view of NRC's resporse to this request, no further acton is being taken on appeaf letter dated No.

PART E. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE ,

certam mtormaticr' m the reauested records is bemg withheld from pubhc disclosure pursuant to the exemptions described in and for the reasons stated m Part II, sections B, C and D. Any released portens of the documents for which only part of the record is bemg withheld are bemg made available for public inspection and copym0 en the NRC Pubhc Document Room. 2120 L Street. N W., Waahmgton. DC,m o folder under thes FOIA number and requester name, p

COMMENTS ,

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FREEDOM OF INFORMATION ACT RESPONSE rOiA wuueE Rcsi PART H.B- APPUCABLE EXEfAPTIONS FOIA -T -D DATE 'JUb b I lS33 i

Records subsect to the request that are described on the enclosed Appetidiates) _ are being withheld in their entirety or in part under the Exernplions and for the reasons set forth below pursuant to 5 U S.C. 552ib} and 10 CFR 9.17tal of NRC Regulations.

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1. The withheld mformation is property classified pu svant to Esecutive Order (EXEMPTION 1)
2. The withheld hformation relates solety to the arriemal personnel rules and procedures of NRC. (EXEMPTION 21
3. The withheld mformation is specifically exempted from public disclosure ey statute indicated (EXEMPitON 31 l

Sections 141-145of the Atomic Energy Act which prohibits the disclosure of Restr*cted Data or f ormeriy hestricted Data 442 U S C 2161-21651 Section 147 of the Atomic Energy Act whech prchibits the disclosure of Unclassihed Safeguarris Information (42 U S C. 2164

4. The withheld informaton is a trade secret or commercial or financial mformation that #s sang withheld fof the reasonts) endicated. (EXEMPTION 41 The information is considered to be confidential business (proprietary) information l The information is considered to be propnetary mformation pursuant to 10 CFR 2.790(d)lt)

The information was submitted and received m confidence pursuant to to CFR 2.790tdH2)

'5. The withhe6d information consists of mteragency or intraegency records that are not available through discovery during litigation (EXEMPTION Si Applicable Privilege Deliberative Process. Disclosure of predecisonal information would tend to inhebit the open and frank exchange of ideas essert 'al to tha deliberative process.

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,X Where records are withheld m their enterety. the f acts are inextricably intertwined with the predecisionalinformation There also src nn reasonably segregable f actual portions bec6use the release of the facts would permit an indirect encuery into the predecisional process of the agency.

Attomey work product pnvilege (Documents prepared by an attorney in contemplation of litigation i Attorney - client ptsvalege IConhdential communications between an attorney and his her client )

6. The withheid information es exempted frorre public disclosure because ris disclosure wouid result m a clearly unwarranted mvasion of personal privacy (EXEMPTION 6)

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7. The withheld mformation consists of emids compiled for law enforcement purposes and is being wrthneld for the reason (si mdicated. IEXEMPTION 7)

Disclosure could reasonably be enpected to mterfere with an enbecement proceedeng because it could reveal the scope. direction. and focus of en.

f orcemsnt ef forts and thus could possibly allow them to take action to shield potential wrongooing or a violation of NRC requirements from investigators EXEMPTION 7 (All Disclosure would constitute an unwarranted invasion of personal pnvacy (EXEMPTION 7tCl)

The information consists of names of indwidvais and other mformation the disclosure of v6hech could reasonably be espected to revealidentities of c antidential sources IE XEMPTION 7 (Dil OTHLR PART H. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b) and or 9 25 tcp of the U S Nuclear Regulatory Commission iegulatrons. et has been determined that the information withheld is enempt from production or disclosure. and that sts production or disclosure is c ontrary to the public mierest The persons responsible for the denial are those officiais identif ed below as denymg officials and the Derector. Drvision of Freedom of information and Publications Services O'6ce of Adtr anistration and Resources Management. for any denials that may be acnepied to the E secutive Daector for Operat.ons IEDOI DENYING OFF#CIAL TITLE / OFFICE RECOROS DENIED APPELLATE OFFICIAL ND5 . d Ih h \b )

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PART H. D- APPEAL RIGHTS The denvi by each denying officialidentified m Part il C may be appealed to the Appellete Official edentif6ed in that section. Any such appeal must be en writmg and must be made withm 30 days of reroept of this response Appeals must be addressed as appropnate to the Emecutive Detector for Operations or to the Secretary of the Cornmission, g U S. Nuclese Regulatory Commission. Washington, DC 20555. and should clearty state on the envelope and m the letter that it is an " Appeal from an initial FOlA Decesion?

NRC FOnM 464 (Pan 21 (t 1 -88) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

Re: F01A-89-221 APPENDIX A DOCUMENTS ALREADY IN THE PDR

1. 12/13/83 Letter from T. Lempges to T. Murley, re: LER-83-44.

[ Category 1] Accession No. 8312300147

2. 4/24/87 Letter from T. Lempges to NRC, re: LER-87-07. [ Category 1]

Accession No. 8704290260

3. 6/11/87 Letter from T. Lempges to NRC, re: LER-87-08. [ Category 1]

Accession No. 8706180095 4 11/20/87 Letter from T. Lcmpges to NRC, re: LER-87-19. [ Category 1]

Accession No. 8711240223

5. 6/24/88 Notice of Licensee Meeting on 7/11/88 by J. Johnson. [ Category 2]

Accession No. 8808110002

6. 7/21/88 Letter from E. Wenzinger to C. Mangan, re: Enforcement Conference. [ Category 2] Accession No. 8808010350

.Re: 'F01A-89-221' APPENDIX B DOCUMENTS CEING PLACED IN'THE PDR.

1. Undated Notes taken'by R. Benedict at 7/11/89 Enforcement Conference.-

(2 pages) [ Category 2]

2. 7/11/88 Vu-graphs - Licensee Presentation at the Enforcement Conference.. (20 pages) [ Category 2]

3, 2/1986 Portions of Gage-Babcock Audit Report,' Relevant LERs, and QA Audits (96 pages) [ Category 4]'

4. Undated Relevant Regulatory Requirements. (4 pages) [ Category.4] .
5. Undated Documentation Quality Control Checklist. (6 p6ges) TCategory 4]-
6. .6/7/88 Letter from W. Kane to C. Man an transmitting Inspection Report 88-15. (2 pages) [ Category 3

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Re: F01A-89-221 APPENDIX C DOCUMENTS BEING WITHHELD IN TTEIR ENTIRETY PURSUANT TO EXEMPTION 5 l I

1. 7/12/86 Handwritten notes taken during conference call regarding 7/11/88 Enforcement Conference. (1 page) [ Category 2]
2. 8/3/88 Memo from William T. Russell to James Lieberman, subject: 1 Proposed Enforcement Action - Niagara Mohawk Power Corporation I (NineMilePoint, Unit). (2 pages) [ Category 4] ]
3. 8/16/88 Memo from F. Miraglia to James Lieberman, subject: Propsed Enforcement Action - Nine Mile Point Nuclear Station Unit 1.

l (4 pages) [ Category 4]

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4. Undated Draft Notice of Violation. (7 pages) [ Category 4]

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