ML20248L140

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Eighth Partial Response to FOIA Request for Records.Records in App J Encl & Being Made Available in Pdr.Records in App K Partially Withheld (Ref Exemption 7C)
ML20248L140
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 05/21/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Jim Hickey
SHAW, PITTMAN, POTTS & TROWBRIDGE
Shared Package
ML20248L142 List:
References
FOIA-97-365 NUDOCS 9806100453
Download: ML20248L140 (5)
v • d • e


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l NF.' rgmus 464 Part i U.S. NUCLEAR REGULATORY COMMISSION KESPoNsE NuMIER

  • " 4 FOIAIPA 97-365 l' #

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RESPONSE TO FREEDOM OF 8

i I INFORMATION ACT (FOIA) / PRIVACY RESPONSE k~ . . .

  • ACT (PA) REQUEST TYPE b- >

i REQUESTER DALE J. Patrick Hickey N I 1198 PART 1. -INFORMATNkLEASED (See checked boxes)

] No additional agency records subject to the requent lieve been located.  !

] Requested records are available through anoth6gub'ic distribution program. See Comments section.

' APPENDICES ~

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{ 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 J,k puolic 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 located at the NRC Public I

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

e APPENDICES r fj _ Agency records subject to the request are enclosed.

N y,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 response to you.

]

Q We are continuing to process your request.

] This completes NRC's action on your request.

.p PART 1.A - FEES AMOUNT '

{] You will be billed by NRC for the amount listed. ] None. Minimum fee threshold not met, f

  • See comments _

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

for details PARIl.B -lNFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

Q- the reasons stated in Part II.Certain information in the requested records is being withheld from disclosure pursuant to 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 1.C COMMENTS (Use attached Comments continuation page if required) f b

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0 D PHIVACY ACI OFHCE.R r*useill A. Powell '

53 99052 g ) oN RECYCLED PAPER This form was designed using informs

y NRC FORM 464 Part il U.S. NUCLEAR REGULATORY COMMISSION DATE RESPONSE TO FREEDOM OF INFORMATION FOIA/PA 97-365 ggy g ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll,A - APPLICABLE EXEMPTIONS APPENDigEO ' Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under

__k__ the Exemption Nc.(s) of the PA and/or the FOIA 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 internal personnel rules and procedures of NRC.

] Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.

[ l Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data er Formerly Restncted Data (42 U S C.

tJ 2161-2165).

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

[7 41 U.S.C ,Section I executive agency 253(b), subsection to any person under (m)(1), section prohibits 552 of Title the disclosure 5, U.S C. (the of contractor proposals FOIA), except wheninincorporated the possession into and control of the contract an between the agency and the submitter of the proposal.

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

] The information is considered to be coat dential business (propnetary) information.

F-l The information is considered to be propnetary because it concerns a licensee's or applicant's physical protection or material control and LJ 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).

~l Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during

-J litigation. Applicable privileges:

f1 Deliberstrve process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the El deliberative process. Where records are withheld in their entirety, the facts are inextncably 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 predecisicnal process of the agency.

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

[] Attomey-client pnvilege. (Confidential communications between an attomey and his/her client)

I~l Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly LI unwarranted invasion of personal pnvacy.

J Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s)

WI indicated.

[ ] (A) Disclosure could reasonably focus of enforcement efforts,beand expected thus could to interfere possib!ywith allow anrecipients enforcement proceeding to take (e g., itpotential action to shield would reveal the scope, wrongdoing direction,ofand or a violation NRC requirements from investigators)

Q (C) Disclosure would constitute an unwarranted invasion of personal pnvacy.

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

!'I-. ' l (E) Disclosure would revea! techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expected to nsk circumvention of the law.

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

] {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 er disclosure is contrary to the public interest. The person responsible for the denial are those officials identified below as denying officials and the FOINFA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).

P[ IE FFICIAL DENYING ' OFFICIAL TITLE / OFFICE f RECORDS DENIED  ; [go g ll;bert J. Miller  ; Regional Administrator, RI Appendis K

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Appeal must be made in wnting w, thin 30 days of receipt of this response. Appeals should !.a mailed to the FOIA/ Privacy Act C fficer, 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."

PRINTED ON RECYCLED PAPER Ints form was designed using inf orms NRC FORM 464 Part 11 (3-1998)

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'a i FOIA-97-365 APPENDIX J RECORDS BEING RELEASED IN THEIR ENTIRETY NCL DATE DESCRIPTION /(PAGE COUNT)

1. 12/28/95 Facsimile Sheet to R Conte, with attachment (4 pages)
2. 12/29/95 Facsimile Sheet to R Conte from P Harris, with attachments (15 pages)
3. Undated Allegation Information Sheet (1 page)
4. Undated Allegation Follow-Up Sheet (1 page)
5. 2/9/96 Letter to D Reid from R Cooper with attachment (4 pages)
6. 2/9/96 E-Mail from D Chawaga to B Letts,

Subject:

VT Interest in NRC's Handling of H&l Aspect of VY OA-3 Allegation (1 page)

7. '3/18/96 To K Smith from J Galvert,

Subject:

Attempts to interview l VY Engineer Connected with inspection (1 page) l 8. - 3/19/96 To K Smith from J Calvert,

Subject:

VY Engineer Availability for inspection Interview (1 page)

9. 3/27/96 E-Mail from D Chawaga to D Vito,

Subject:

Contacted Bill Sherman re: VY H&l Allegation (2 pages) l 10. 3/29/96 E-Mail from R Conte to W Cook et al.,

Subject:

ALG 95-0222, VY AOG lssue (1 page)

11. Undated Concurrence page with handwritten notes (1 page)
12. Undated Letter to Gibson (1 page)
13. Undated Distribution of Allegations (1 page)
14. Undated Distribution List with attachment (9 pages)
15. Undated Vermont Yankee AOG Scenario (2 pages)

' 16. 5/3/96 Ltr to D Reid from R Conte with attachments (34 pages) j

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17. 5/3/96 Ltr to D Reid from R Conte with attachments (35 pages)
18. 5/21/96 Allegation Disposition Record (2 pages)
19. 5/21/96 Allegation Receipt Report (6 pages)
20. 8/8/96 Ltr to D Reid from R Conte with attachment (31 pages)
21. Undated Allegation Disposition Record (1 page)
22. Undated Copy of package sent to H Eichenholz with handwritten notes (42 pages)
23. 2/26/97 Handwritten letter to D Vito from J Massey (10 pages)
24. 5/16/97 E-Mail from H Eichenholz to D Vito,

Subject:

Alleg 96-128/97-0066 (1 page)

25. 5/19/97 E-Mail from D Vito to H Eichenholz,

Subject:

Alleg 96-128/987-0066 (1 page) l l

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i FOlA-97-365 APPENDIX K RECORDS BEING WITHHELD IN PART DATE DESCRIPTIONRPAGE COUNTl/ EXEMPTIONS l RCL

1. Undated Draft ltr to E Massey from D Vito (6 pages) EX. 7C  !
2. 3/12/97 Allegation Receipt Report (1 page) EX. 7C i

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SHAW, PITTMAN, PoTTs & TROWBRIDGE A PARTNEnsNip GNCLUD4NG PmOrtsssONAL CompomateONS 2300 N STREET. N. W.

WASHINGTON. D. c. 20037 (202)663 8000 h% hQ* ' .

gAgNg,, Date Rec'd: . 7 - # & 9 '7 AcBonOli: l'o e /

RelatedOxx .

J. PATRICK H KEY. P.C.

S temW 19,1997 Mr. Russell A. Powell, Chief Freedom of Information Act/1.ocal Public Document Room Branch U.S. Nuclear Regulatory Commission Mail Stop T-6 D8 Washington, D.C. 20555-0001 Re: Freedom of Information Act (FOlA) Request

Dear Mr. Powell,

Pursuant to 5 U.S.C. @ 552 (a)(3) and 10 C.F.R. $ 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, j

J. Patrick Hickey

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