ML20248F496

From kanterella
Jump to navigation Jump to search
Second Final Response to FOIA Request for Documents.Records in App B & C Encl & Will Be Available in Pdr.App B Records Being Released in Their Entirety & App C Being Withheld in Part (Ref FOIA Exemptions 5,6 & 7)
ML20248F496
Person / Time
Site: Millstone  Dominion icon.png
Issue date: 05/28/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Del Core D
AFFILIATION NOT ASSIGNED
Shared Package
ML20248F498 List:
References
FOIA-COR98-114 NUDOCS 9806040301
Download: ML20248F496 (5)
v • d • e


Text

_ _ _ _ _ _- _ _ _ _ _ - _ _ _ _ _ _ - _ _ _ _ _ _ _ _ - _ . _ -.

l,, NRC FORM 464 P_rt 1 U.S. NUCLEAR REGULATORY COME.SS!ON RESPONSE NuMIER L FOIA/PA 98-114 d

/ gne % g hD 2 l # RESPONSE TO FREEDOM OF l E INFORMATION ACT(FOIA)/ PRIVACY RESPONSE b

REQUESTER k* .'.*/) ACT (PA) REQUEST TYPE DATE Donald W. Del Core, Sr. N I8 E PART 1. -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.

l ' APPENDICES ~ Agency records subject to the request that are identified in the listed appendices are already available for l 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 B,C public inspection and copying at the NRC Public Document Room.

] Enclosed is information on how you may obtain access to and the charges for copying records ice.ated at the NRC Public Document Room,2120 L Street, NW, Washington, DC.

APPENDICES ^~

,J Agency records subject to the request are enclose 1 g,g

]- Records subject 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 i 'sponse to you.

] We are continuing to process your request.

Q This completes NRC's action on your request.

PART 1.A - FEES Q- Fees ~

AWUNT *' You will be billed by NRC for the amount listed.

'Q None. Minimum fee threshold not met.

I

{_.] You will receive a refund for the amount listed. ] Fees waived.

PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

r l g~J 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 detemiination may be appealed within 30 days by writing to the FOIA/PA OGcer, U.S. Nuclear Regulatnry Commission, l

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) l l

I h l l 9806040301 980528 FDR I

FOIA  ;

DEL COR98-114 PDR l l

islGN41 . F HL l;D ORMA ACT ACY ACI O6 FICER

~

Ru'sse . owe NRC FORM 464 Part 1 (3-1998) PRINTED ON RECYCLED PAPER This form was designed using Informs J

t DATE

  1. U.S. NUCLEAR REGULATORY COMMISS!ON NRC FORM 464 Part it

' " FOIAIPA 98-114 $(381998 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS APPENDICES.

Records subject to the request that are desenbed in the enclosed Appendices are being withheld in th C ,

the Exemption No (s) of the PA and/or the FOIA as indecated below (5 U S C. 552a and/or 3 U S C. 552(b) 1 Exemption 1: The withheld information is property classified pursuant to Execut>ve Order 12958 l

Exemption 2. The withheld information relates solely to the internal personnel rules and procedures of NRC.

[j The withheld information is specifically exempted from public disclosure by statute indicated jj

Exemption 3:

Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or F I -) I 2161 2165)

Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards inform

{]

{-- l 1 41 U S C., Section 253(b), subsection (m)(1), prohibits the disclosure agency and the submitter of the proposal.

Exemption 4:

The withheld information is a trade secret or commercial or financ:alinformation that is being withheld

{]- indicated The inforraation is considered to be confidential business (propnetary) information ll The information is considered to be propnetary because it concerns a hcensee's or apphcant's phy 1

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)

[j Exemption 5:

The withheld information consists of interagency or Intraagency records that are not available through dis g!

v , litigation Apphcable pnvileges Debberative process Disclosure of predecisionalinformation would tend to inhibit the open and funk d r ct Intertwined inquiry Lf a! deliberative process Where records are withheld in their entirety, the facts are inextncably w information There also are no reasonably segregable factual portions because the release of the facts would pe into the predecisional process of the agency.

Attorney work-product pnvilege. (Documents prepared by an attorney in contemplation of litigation) l l

'g Attorney-chent pnvilege (Confidential communications between an atto g! Exemption 6: unwarranted invasion of personal pnvacy Exemption 7. The withheld informahon consists of records compiled for law enforcement pur Jv indicated o

} (A)focus Disclosure could reasonably be expected to interfere with an enforcement proceeding (e of enforcement efforts, and thus could possibly allow recipients to take action to shield p

! I NRC requirements from investigators).

g (C) Disclosure would constitute an unwarranted invasion of personal pdvacy i j l (D) The information consists of names of individuals and other information the disclosure o l-  ! identtties of confidential sources d hnes that could j

(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutio reasonably be expected to nsk circumvention of the law.

r

! (F) Disclosure could reasonably be expected to endanger the life or physical safety of an Individual j ! ^OTHER (Specify) l I

PART ll.B - DENYING OFFICIALS I Pursuant to 10 CFR 9.25(g),9 25(h), and/or 9 65(b) of the U S. Nuclear Regulatory t t the public Comml f y that the information withheld is exempt from production or disclosure, and denials that may be appealed to the Executive Director for Operations (EDO). E TITLE / OFFICE RECORDS DENIED $

DENYING OFFICIAL i

t r,

Appeal must be made in wnting within 30 days of receipt of this response Appeals sho U S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the app l

clearly state on the envelope and letter that it is a "FOIA/PA Appeal" This form was aesigned vsmg inF o'rns PRiNTLD ON RECYCLLD PAPER NRC FORM 464 Pad 11 (31996)

I J

s Re: FOIA-98-114 APPENDlX B RECORDS BEING RELEASED IN THEIR ENTIRETY RQ, DATE DESCRIPTIONHPAGE COUNT)

1. Undated Chairman's Office Routing Slip. (1 page)
2. Undated Chairman's Office Routing Slip. (1 page)
3. 9/5/95 E-mail from G. Schuetze to Chairman Jackson, subject: Paul Blanch. (1 page)
4. 10/6/7 Routing Slip date 10/6 regarding 4/9/96 mtg. w/P. Blanch. (1 page)
5. 2/23/96 E-mail from G. Schuetze to Chairman Jackson, subject: Paul Blanch. (1 page)
6. 3/15/96 E-mail from Paul Blanch to John Zwolinski, abject: NRC Whistleblower Policy. (1 page)
7. 10/6/97 E-mail from J. Zwolinski to W. Dean and M. Virg;iio, subject: Meeting with Mr. Blanch. (1 page)
8. 10/15/97 E-mail from J. Zwolinski to various addressees, subject: Visit of Mr. Paul Blanch on November 14th. (1 page)

, 9. 10/15/97 E-mail from M. Virgilio to Brian Holian, subject: Visit to Mr. Paul Blanch on November 14th - Forwarded. (1 page)

10. 10/15/97 E-mail from V. McCree to E. Williams, subject: Visit of Mr,. Paul Blanch on November 24th - Forwarded - Forwarded. (1 page)
11. 11/11/97 E-mail from J. Zwolinski to various addressees, st%ct: Visit by Paul blanch on November 14th (1 page)
12. 11/14/97 E-mail from J. Zwolinski to addressees, subject: Mr. Blanch's visit. (1 page)
13. 11/14/97 E-mail from J. Zwolinski to addressees, subject: Mr. Blanch's visit. (1 page) 1 l
14. 11/14/97 Chairman Jackson's Schedule for November 14,1997. (1 page)
15. 3/16/98 Letter from R. Backus to Chairman Jackson. (2 pages) l i

i l

l

b Re: FOIA-98-114 j APPENDIX C RECORDS BEING WITHHELD IN PART

j. fgh DATE DESCRIPTION /(PAGE COUNT) l I 1. Undated - From E Williams to SAJ,

Subject:

Mtg w/ Paul Blanch (1 page)

EX.6

2. Undated Note to Chairman Jackson from K Winsberg,

Subject:

Paul Blanch's request (2 pages) EX. 5 DELIBERATIVE PROCESS AND ATTORNEY-CLIENT PRIVILEGE

3. 4/30/95 Letter to J Hoyle from P Blanch (10 pages) EX. 6
4. 9/30/95 Letter to J Zwolinski from P Blanch (1 page) (Pages 1-6 are outside scope of your request and portions of page 7. The outside scope information on page 7 is being released) EX. 6
5. 10/19/95 Note to Chairman Jackson from M Tschiltz

Subject:

Meeting with Paul Blanch (4 pages) EX. 5, DELIBERATIVE PROCESS AND 7C

6. 2/22/96 Letter to Paul Blanch from W Russell (4 pages) EX. 6.  !
7. 12/26/95 Letter to Shirley Jackson from Paul Blanch (3 pages) EX. 6,7C
8. 3/3/96 Letter to Shirley Jackson from Paul Blanch (1 page) EX. 6
9. 4/8/96 Note to Chairman Jackson from B Holian,

Subject:

Meeting with Paul Blanch (4/9/96) (2 pages) EX. 5 DELIBERATIVE PROCESS AND 7C

10. 5/13/98 Chairman Jackson's Schedule 4/9/96 (1 page) Ex. 6
11. 4/24/96 Note to File from B Holian,

Subject:

Meeting with Paul Blanch (4/9/96)(3 pages) EX. 5 DELIBERATIVE PROCESS

12. 8/25/97 Letter to Shirley Jackson from Paul Blanch (1 page) EX. 6 ,

1

13. 9/17/97 Note to Chairman Jackson from Laban, re: Letter from Paul Blanch (1 page) EX. 5 DELIBERATIVE PROCESS
14. 11/13/97 Note to Chairman Jackson from B Holian,

Subject:

Meeting with Paul Blanch (11/14/97: 2:00-2:30 p.m.) (2 pages) EX. 5 l

I

I C

9 2

DELIBERATIVE PROCESS

15. 12/13/97 Letter to Shirley Jackson from Paul Blanch (1 page) EX. 6 i

i I

l - . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _

i\

s

.: N o 6 3.@g $

l nw % W-//

Donald W, Del Core, Sr. 'Mn Rrdt ...3-8. '78 l

]~{

l Dr. Shirley Ann Jackson l

Chairman ' ~

l U. S. Nuclear Regulatory Commission Washington, p. C. 20555-0001 March 13,1998 FACSIMLE

Dear Dr. Jackson:

With regard to my letter of March 12'",1998, I would like to fonnally request the release of all Information, including personal notes, inter-office memos, tapes, computer records, and other documentation associated with the visit / visits of Mr. Paul Blanch with you, and other Commissioners. In the Wall Street Joumal article referred to in yesterdays' letter, there was also an indication that Mr. Ellanch met with other NRC officials, and therefore, this request metudes a request fbr the release of the information related to those visits.

This request is made to you, under the provis'.ans of the Freedom ofInformation Act ( FDI A ). In view of the fact the Northeast Utilities has just recently revealed it's intention to request a restart vote, I would expect.that thi3 information be provided as expeditiously as possible. Again. I thank you in advance for your prompt attention in this important public nutter.

Sincer ely, m

(1 N

)

' cl , ore.

ona t

'48c'.scSocAt>Q "

Y. .. .

'? .,G

. . 3- .

' .'. \, r

! . , :. cw l Donald EDelCore, Sr. '

3 l .,. .

t- .

Dr. ShiiW%rm Jackson .

l Chairred .  ?'

U.- S.WrWRegulatory Commission .,:

~

.Washiiqp6n;D. C. 20555-0001 .

  • , March 12,1998 "j

.9..

( ;

FACSJMLE "I [ .

. D Dear ofJackson- .J N write to you today regarding an <uticle which)ppeared in today's Wall Street ,

JourWApparerely, Mr. Paul Blanch, a eturent.NU eipployee, or consukant. has met I

%verk does" with the NRC Commissio rrs, including yourself, about Millstone Station. l WhikMi. Blanch denieslobbymg for a nstan, on behalf of Nonbeast Utilities ( NU )

beforUthsCommtssion, the quoted comments by Commissioner Diaz in that article, seem to su$n that lobbying, did take place Mas the Conspission had lobbying _effons by NU,

~

or it's dinsultants, to make a case for the restart oflady Millstone unit? Does a transcript, or tapedit'ocord, exist of those meetings? How can.a. utility representative have personal, or pshpe, access to you., and your fellow Cortunissidns, to " make a pretty good case "

for allpwing a restart?

MThepublic has not been allowed that kind'of access. We in fact, have been I severepespicted from public questioning, and commenting by NRC otheials, at all publiewrings with your staff, and very few questkm's, and comments, were allowed during$ohrvisits to Millstone. I believe .he practiceif allowing NU representatives that much assess, while Hmiting public access is an unacceptable practice. I'also beliew tt to be ' 'and a conflict ofinterest. Furthermore, alloution of equal time should be

~

allo a those ofus that wish to proffer our casetdjhe Comminion.

' Was.Mr. Blanch acting as a compmy represetEstive, or as a private citizen? In either;ospacity, he was afforded much more access thEn bthers, and that access appears to be a' lobbying effort by him, NU, or both. Please mak'~available e to the public all NRC records associated with tbc meetings. Mditionallyt pdblic access must be improved at public'inectings. We continue to be restt;cted, with regard to the number of questions we allowed to ask, and the subject matter of"he questicar Your staff constant]y indicates to us, that.they are receiving complaints from individ% that they cannot ask questions at j the inc% tings, because a few people are asking all rbe qpestions. The same individuals ask questluns at escry rnecting, with one noc!ption. the,1 ceder of the ' newly fonned group Friends of a. Safe Millsrooe ( FOSM ). Irdthe lpt few roectings he has begun to make comments, and has complained to your sthTabout.the' meeting format. Your staff S W E.)OO'}O

\ -

h [. 6 f

immediaO.ly changed a formst they had established through trial and error, over mhny meetingt{to accommodate the newcomers.'

' f, . ,,

Mosectings cover too muchinformtlion. .Tharis to say, we are given a review of the ICAVP; the ECP, and an update on th: restartdgress. On nest evenings, we receive inctrsWions by the licensee, azd third party coritractors. All of the i'nformado6.is.important, and necessary,' espeially forifipsc that do not artend the daily InectQW4have poimed out manyiimes to your t4a% that too much is covered in one evetsnir,'.and ihat the update me'etings need ta be spreadjover a few evenings. It has faBen on deaf esat The pubEc will not be satisfkd with the@sent system, nor shouki they be.

Ifthe p6&k meetings are necessary to solici1 public' opinion, and input on it's perception of tre Midsfien, and progress at Millstone, tien the dee(ings are not accomphshing their -

goak Ypiar atterrion is needed to move you staffi:in thisissue.

, As with my previous letters to you,I have proMed the Omcc ofInspector Generetwa a copy of this letter. Thank you in advance for your prompt attention to these issues so very important to the public.

Sir.erely, e

o w . o ei c ore, sr.

s e

9 6

- ____

Retrieved from "https://kanterella.com/w/index.php?title=ML20248F496&oldid=3148766"