View source for IA-97-484, Final Response to FOIA Request for Documents.Forwards Records in App H,Being Withheld in Part (Ref FOIA Exemption 7)

{{Adams
| number = ML20217B780
| issue date = 04/17/1998
| title = Final Response to FOIA Request for Documents.Forwards Records in App H,Being Withheld in Part (Ref FOIA Exemption 7)
| author name = Powell R
| author affiliation = NRC OFFICE OF ADMINISTRATION (ADM)
| addressee name = Barton E
| addressee affiliation = PORT ST. LUCIE,FL
| docket = 05000335, 05000389
| license number = 
| contact person = 
| case reference number = FOIA-97-484
| document report number = NUDOCS 9804230128
| package number = ML20217B785
| document type = CORRESPONDENCE-LETTERS, OUTGOING CORRESPONDENCE
| page count = 3
| project = 
| stage = Other
}}

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{{#Wiki_filter:NRC FORM 464 Part i                                     U.S. NUCLEAR REGULATORY COMMISSION                                         r.EsPoNsE NUMBER na g l.h                                                          FOIA/PA 97-484
      -          #                  o             RESPONSE TO FREEDOM OF 5
                                     !     INFORMATION ACT(FOIA)/ PRIVACY                                 RESPONSE -                       .
ACT (PA) REQUEST                                 TYPE                             !_l k' . . . */'
REQuESIER                                                                                           oATE     p Eric Barton                                                           IE PART l. -INFORMATION RELEASED (See checked boxes)
{ No additional agency records subject to the request have been located.
l } j Requested records are available through another public distribution program. See Comments section.
APPENotCES 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
{ -~ j                          Agency records subject to the request that are identified in the listed appendices are being made available for          l public inspection and copying at the NRC Public Document Room.
l
        ]- Enclosed 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.
r1          APPENOscES      I
[ _l               gg       l Agency records subject to the request are enclosed.
                      ~       -
L ] ' Records subhet to the request that contain information originated by or of interest to another Federal agency have be
[
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 l.A -- FEES Feu AuouNT'                            You will be billed by NRC for the amount hsted.     { j None. Minimum fee threshold not met.
255.60
[ l You will receive a refund for the amount listed. [ } Fees waived.                                                     ]
* see comments for detads PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
[ 'l No agency records subject to the request have been located.
Q 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 wnting 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 "FO!A/PA Appeal."
PART l.C COMMENTS (Use attached Comments contineation page if required)
A copy of the releasable portions of the record identified on Appendix 11 is enclosed.
In a telephone conversation on Jauary 16,1998 with Ms. Mary Jean Pool of my staff, you agreed to pay the duplication fees.
The fees for processing your request are:
Duplication of 1,378 pages (minus 100 free pages) GC $0.20 per page = $255.60 This completes action on your request.
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      $1GNA               EED                                  Y AC T OFFICER Russe A. Powell 9804230128 980417 PDR FOIA BARTON97-484                  PDR NRC FORM 464 Part 1 (31998)                                     PRINTED ON RECYCLEo PAPER                            This form was designed using Inf orms

1 NRC FORM 464 Fl art 11                                      U.S. NUCLEAR REGULATORY COMMISSION                                                   DATE                 1 Y
RESPONSE TO FREEDOM OF INFORMATION                                                      FOIA/PA 97-484                    1 b I ,', DSO
,                         ACT (FOIA) / PRIVACY ACT (PA) REQUEST                                                                                                           l l
APPEND cE s PART ll.A - APPLICABLE EXEMPTIONS l Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under I         i the Exemption No (s) of the PA and/or the FOIA as indicated below (5 U S C 552a and/or 5 U S C. 552(b))
ll Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.
[j Exemption 2 The withheld information relates solely to the intemal personnel ru!es and procedures of NRC l
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 Restncted Data or Formerly Restncted Data (42 U S C.                     i I '
2161 2165)                                                                                                                                      I j j Section 147 of the Atomic Ersergy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U S C 2167).
i' j 41 U S C . Section 253(b). subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an executive agency to any person under sect:cn 552 of Title 5. U S C. (the FOIA), except when incorporated into the contract between the          s agency and the submitter of the proposal.                                                                                                      '
i l Exemption 4 The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) l .                             indicated.
l j The information is considered to be confidential business (propnetary) information.
{ j The information is considered to be propnetary because it concems a hcensee's or apphcant's physical protection or matenal control and i
accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).
l l The information was submrtted by a foreign source and receued in confidence pursuant to 10 CFR 2.790(d)(2) i
      ! ' Exemption l                5 The withheld information consists of interagency or intraagency recards that are not available through discovery dunng litigation Apphcable pnvileges i  Deliberative process Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the
               !' i dehborative process Where records are withheld in their entirety. the facts are inextncably intertwined with the predecisional information There also are no reasonably segregable factual portons because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.
Attorney work-product pnvdege. (Documents prepared by an attorney in contemplation of litigation) ll          Attorney-chent pnvilege (Confidential communications between an attorney and his/her chent) i Exemption 6 The wrthheld information is exempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy y Exemption 7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated l ! (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g . It would reveal the scope, direction. and focus of enforcement efforts. and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from ir.vestigators) g (C) Disclosure would constitute an unwarranted invasion of personal povacy l (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal I
ident: ties of confidential sources i : (E) Disclosure would reveal techniques and procedures for iew enforcement investigations or prosecutions, or guidehnes that could reasonably be expected to nsk circumvention of the law l ' (F) Disclosure could reasonably be expected to endanger the hfe or physical safsty of an individual.
i            OTHER (Specify)
PART 11.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 int: rest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any danials that may be appealed to the Executwe Director for Operations (EDO).
DENYING OFFICIAL                     j                    TITLE / OFFICE                             RECORDS DENIED
                                                                                                                                                  $PEll.A g       E OFFICML Luis A. Reyes                              { Regional Administrator, RII                            l Appendix II                             y    i i                                                                                                       ,        j Appeal must be made in wnting within 30 days of receipt of this response. Appe'als 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 il (3-1996)                                      PRINTLD ON REcVCLEO PAPER                                     This form was designed using informs

FOIA-97-484 APPENEDIX H RECORD BEING WITHHELD IN PART E    DAIE   DESCRIPTION /(PAGE COUNTl/ EXEMPTION 1
: 1. 2/9/95 Letter to NRC from JE Geiger, FPL with enclosure (3 pages)
EX.7C l
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1591 Pat St. Lucie Boulevard, Suite K h
r F         Port St.,Lucie, FL 34952 jg        * (561)337-5800 l           FAX:(56I) 33$-3993                                                                                             i The Port St. Lucie News                                                                                       <
F0!AlPAREQUEST Cas0No:            .__%? Y-Dec.18,1997 WeRd                      2M' 7 AcucnOft:             M              ~
To the ofHee of-    .
RidedCrx                      =
                                                                                                                       ~
Mary Jean Pool Freedom ofInfonnation Act Branch                                                           '
U.S. Nuclear Regulatory Commission                                                                            ]
11545 Rockville, MD 20852-2738 Ms. Pool:
l           Pursuant to Section 119.07 (1) (a), Florida Statutes and the U.S. Freedom ofInformation Act, I am requesting access to certain public records. In reference to our conversation today, I am requesting thrther access to these twenty two (22) NRC files:
* RII-1994-A-0119
* RII-1995-A-0001
* RII-1995-A-0033 l
* RII-1995-A-0065
* RII-1995-A-0183
* RII-1995-A-0186                             '
i
* RII-1995-A-0199
* RII-1995-A-0200
* RII-1996-A-0029 i
* RII-1996-A-0035
* RII-1996-A-0120
* RII-1996-A-0122
!
* RII-1996-A-0130
* RII-1996-A-0150
* RII-1996-A-0175 l
* RII-1996-A-0180
* RII-1996-A-0192
* RII-1996-A-0251 l
* RII-1997-A-0015
* RII-1997-A-0027
* RII-1997-A-0053
* RII-1997-A-0116 l
l           Specifically, we are looking for several portions of these files and will likely not need the entire files. Below are lists of portions we are requesting:
* The initial allegation
* The allegeridentification sheet
* The case chronology -
* The investigation report /                                 .
* Any documents regarding a conclusion, sum' mary or recommendation for changes --
3e l
If copies are needed, 7he Port St. Lucie News will pay the reasonable costs, as defined by Florida law. Please fax any and all results of the request to (561) 335-3993. If a fax is not possible, the resuhs may be mailed to the above address.                 .
If you believe you are not required to disclose any or all of the documents in your possession which fh11 within the scope of the foregoing request, please be advised of the requirements of Section 119.07 (2) (a), Florida Statutes. This statute provides that, if a person who has custody of Y
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a public record contends that the record or part ofit is exempt from inspection and examination, that person must state the basis of the exemption which is believed to be applicable to the public
    >             record, including the statutory citation to an exemption created or afforded by statute, and, if requested by the person seelong to inspect, examine and copy the record, the custodian of the record must state in writing and with particuladty the reasons for his conclusions that the record is exempt.                                                                       ,
Pursuant to the foregoing statutory provision, if you believe the records requested above, or any portions of those records, are exernpt from inspection, examination and copying, please provide a written statement describing with particularity the reasons and the statutory basis for your conclusion.
Thank you in advance for your prompt attention to this matter. If you have any questions or concerns, do not hesitate to contact me at (561) 337-5826 or fax to (561) 335-3993. ,,
l l                  Sincerely, Eric AlanBarton The Port St. Lucie News l
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