ML20247Q015

Final Response to FOIA Request for Documents.Records Subj to Requests Identified in App L,Withheld in Part (Ref FOIA Exemption 5)

ML20247Q015
Person / Time
Site:	Vermont Yankee
Issue date:	05/27/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Jim Hickey SHAW, PITTMAN, POTTS & TROWBRIDGE
Shared Package
ML20247Q019	List: ML20247Q015
References
FOIA-97-365 NUDOCS 9805280182
Download: ML20247Q015 (3)

Text

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(g NRC FORM 464 P;rt i U.S. NUCLEAR REGULATORY COMMISSION RESPONSE NUMBE;t

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( [ne b 4p FOIA/PA 97-365 9

1. RESPONSE TO FREEDOM OF f S INFORMATION ACT (FOIA)/ PRIVACY k *ese*[ ACT (PA) REQUEST

RESPONSE

TYPE I b REQUESTER DATE J. Patrick Ilickey $4f 2 71998 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.

APPENolCES~

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 public inspection and copying at the NRC Public Document Room. 1

^

]- Eincio's ed'is information on how you may obtain access to and the charges for copying records located at the NRC Public )

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

APPENDICES ~~

<j g Agency records subject to the request are enclosed.

[-] Records 's'ubject 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.

] We are continuing to process your request.

Q This completes NRC's action on your request.

PART LA - FEES Q Fees

$ 409.97 You will receive a refund for the amount listed.

] Fees waived.

TW PART 1.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

r- Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for

• - the reasons stated in Part il, f

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. Clearly 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)

This confirms your telephone conversation with Ms. Mary Jean Pool of my staff on April 22,1998,in which you eliminated from the scope of your request , records originated by Vermont Yankee. ,

The actual fees for processing your request are:

6.5 hrs. professional review @ $35.67 per hr. = $231.72

) l Duplication of 770 pages @ $0.20 per page = $154.00 C

'0, Total = $385.72 (LESS ADVANCE PAYMENT OF $795.69) = $409.97 1

! 9805280182 980527 PDR FOIA HICKEY 97-365 PDR .

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psyVACY ACI OFFICER

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RusseTI A. Powell NRC FORM 464 Part 1 (31998) PRINTED oN RECYCLED PAPER This form was designed using informs

ie L

NRC FORM 464 Part il U.S. NUCLEAR REGULATORY COMMISSION DATE I **

• 6 RESPONSE TO FREEDOM OF INFORMATION FOIA/PA 97-365 Jgr371993

, ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under N0f 8_ .

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 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.

[~j Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U.S.C.

LJ 2161 2165).

{l Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U S.C. 2167).

l [~] 41 U S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an

, L1 executive agency to any person under section 552 of Title 5, U S.C. (the FOIA), except when incorporated into the contract between the l agency and the submitter of the proposa!.

[~l Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) lJ indicated.

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

l' ] The information is considered to be propnetary because it concems a licensee's or applicant's physical protection or material control and ta 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).

(f Exemption 5. The withheld information consists of interagency or intraagency records that are not available through discovery dunng Wl litigation. Applicable pnvileges-rF Deliberative processE Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the Ni deliberative process. Where records are withheld in their entirety, the facts are inextocably 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.

{] Attomey work-product pnvilege. (Documents prepared by an attomey in contemplation of litigation)

{] Attorney-client privilege. (Confidential communication: between an attomey and his/her client) f~ Exemption 6 The withheld information is exempted from public disclosure because its disclosure would result in a clearly I d' unwarranted invasion of personal pnvacy.

Fl Exemption 7; The withheld information consists of recc:ds compiled for law enforcement purposes and is being withheld for the reason (s) 1 . indicated.

R (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g., it would reveal the scope, direction, and t.J 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.

[" 1 (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal L -- I identities of confidential sources.

[ ~1l (E) Disclosure reasonablywould be expected reveal techniques and procedures to risk circumvention of the law. for law enforcement investigations or prosecutions, or guidelines that could l

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

l ] {OTHER (Specify)

PART ll.B -- 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 denials that may be appealed to the Executive Director for Operations (EDO).

N DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED

[o sW I fg

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Ilubert J. Miller Regional Administrator, RI Appendis L J~

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.. . . ~ . . . . t Appeal must be made m wnting within 30 days of rec eipt 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 Appeal."

NRC FORM 464 Part 11 (31998) PRINTED ON RECYCLED PAPER This form was designed using informs

FOIA-97-365 l

APPENDIX L RECORDS BEING WITHHELD IN PART tLQ. DATE DESCRIPTIONHPAGE COUNT)/ EXEMPTIONS

1. 2/18/97 Memorandum to J Lee from T Koshy,

Subject:

Electrical Issues at Vermont Yankee (11 pages) EX. 5 P

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l SHAW, PITTMAN, PoTTs & TROWBRIDGE A PARTNERSMb> fMCLUDe89G PROrgassoseAL CON # ORATION 5

! . fl ,o"o*~'."o'.'2,"ob FOlA/PAREQUEST

==**ao= CasNo: 99-% f _ _

l gjg;g, Date Rec'd: . 9-::?o- 9'1 -

l ActionOft: l'o el l RelabdCxx

s. cwmeuic.u:v. e.c.

l (2o2) sea-anos September 19,1997 i

l Mr. Russell A. Powell, Chief Freedom of Infomiation Act/ Local Public Document Room Branch l U.S. Nuclear Regulatory Commission Mail Stop T-6 D8 Washington, D.C. l.'0555-0001 Re: Freedom of in.'ormation Act (FOIA) Request l

Dear Mr. Powell,

I l

Pursuant to 5 U.S.C. 9 552 (a)(3) and 10 C.F.R. @ 9.23, I am requesting all l documents ielating to the investigation by the NRC Region i Office of investigations l of Case No. 1-96-005 (allegations related to Vermont Yankee).

I agree in advance to pay any reasonable fees associated with this request. l Thank you for your prompt attention to this request. I look forward to your response within teri (10) days, as required by NRC and FOIA regulations.

1 Sincerely, 4

J. Patrick Hickey G

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