View source for IA-98-256, Final Response to FOIA Request for Documents.Forwards Documents Listed in App B Being Withheld in Part (Ref FOIA Exemption 7C)

{{Adams
| number = ML20155C141
| issue date = 10/27/1998
| title = Final Response to FOIA Request for Documents.Forwards Documents Listed in App B Being Withheld in Part (Ref FOIA Exemption 7C)
| author name = Powell R
| author affiliation = NRC OFFICE OF ADMINISTRATION (ADM)
| addressee name = Williams O
| addressee affiliation = JRA ASSOCIATES
| docket = 
| license number = 
| contact person = 
| case reference number = FOIA-98-256
| document report number = NUDOCS 9811020087
| document type = CORRESPONDENCE-LETTERS, OUTGOING CORRESPONDENCE
| page count = 5
| project = 
| stage = Other
}}

=Text=
{{#Wiki_filter:_.m. _ _ .              . . . _ . _ _          __      ._ . . _         m  . - . _
g   NRC FORM 464 Part i s.,m                                            W        U.S. NUCLEAR REGULATORY COMMISSION t'VI AWA                                       RESPONSE NUMBER QO
            #["%,g .
  ;                                                                                                                  98-256                                  2 RESPONSE TO FREEDOM OF E
INFORMATION ACT (FOIA) / PRIVACY                                    RESPONSE k    *       <*
ACT (PA) REQUEST                                  TYPE                 Y-                -
i l
REQUESTER                                                                                            DAIE Ms. Ophelia G. Williams                                                  (T 2 7 1998 PART l. - INFORMATION RELEASED
       ] No additional agency records subject to the request have been located.
       )) Requested records are available through another pubhc distribution program. See Comments section.
                           ~                                                                                                                                             l I
E'1 l APPENDICES R 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.
Q' j APPENDICES ] Agency records subject to the request that are identified in the listed appendices are being made available for
[       B ] public inspection and copying at the NRC Public Document Room.
R 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.
l FAPPENOICEs7 dr-l                       ! Agency records subject to the request are enclosed.                                                                                  j B
l R 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.
l      ] We are continuing to process your request.                                                                                                                      1
       ] See Comments.                                                                                                                                                   l PART LA - FEES                                                                          l l      'AuoVNT *~~             ~' - You will be billed by NRC for the amcunt listed.                 - None. Minimum fee threshold not met.
       .$        140.29                      You will receive a refund for the amount listed.              Fees waived.
g              - --
PART 1.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
       ] No agency records subject to the request have been located.
l      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.
This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, y" 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)
FEES:
Search - 1 1/2 hr. professional at $35.67 per hr. = $53.50 Review - 21/2 hr. professional at $35.67 per hr. = $89.17
                                                                                                                - J -fk
                                                                                                                              ~
Repro - 27 pages at S.20 per page = $5.40 TOTAL = $148.07 Advance Payment = $288.36 l
REFUND = $140.29 i                                                                                                                                   -
9811020087 981027                                                                                                         g PDR         FOIA                                                                                                          I WILLIAM 98-256 PDR SlQNATUNE . F HE4        QFINF        IK.#1 ACr AND PRrvACY ACI OFFICER Rus $1fA9oviell               N PRINTEo oN RECYCLED PAPER                                This form was designed using inFonns NRC FORM 464 Part 1 (6-1998)
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* NRC FORM 464 P;rt 11                                   U.S. NUCLEAR REGULATORY COMMISSION                FOIA/PA                 DAR
' 7ESPONSE T,0 FREEDOM OF INFORMATION 98-256                M 2 7 Sil8 ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS t.PPGolcES ~' R Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under O              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. 652(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.
                  ~~ Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restricted Data (42 U.S C.
2161-2165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U S.C. 2167).
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 section 552 of Title 5, U S C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.
7 Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) u                                      indicated.
                 ] The information is considered to be confidential business (proprietary) information.
R The information is considered to be proprietary because it concems a licensee's or applicant's physical protection or material control and U          accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).
                 ']         The information was submrtted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
   ~
Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during htigation. Applicable privileges:
Dehberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the
_.      dehberative process. Where records are withheld in their entirety. the facts are inextncaby intertwined with the predecivonal 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.
                 ~ Attorney work-product privilege. (Documents prepared by an attorney in contemplation of htigation)
Attomey-client pnvilege. (Confidential communications between an attomey and his/her chent)
      ~ Txemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.
   ;7                 Exemption 7; The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s)
I                                      indicated.
                  '' (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 investigators).
y (C) Disclosure would constitute an unwarranted invasion of personal pnvacy.
                       ~ (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal identities of confidential sources.
                  - (E) Disclosure would reveal techniques and procedures for law enforcement investigabons or prosecutions, or guidehnes that could reasonably be expected to risk circumvention of the law.
                  ~~ (F) Disclosure could reasonably be expected to endanger the hfe or physical safety of an individual.
            . OTHER (Specify)
PART 11.8 - 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 inttrest. The person responsible for the dental 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 Operatior's (EDO). ~
                               ~                                          ~ ~
E DEE ING OFFICIAL                                                  TITLE / OFFICE                          RECORDS DEN!ED
                                                         ' Director, Office of Nuclear Reactor Regulation
                                                                                                                 ~ B/l Samueli CoIIIns
                                            ~
Ahpeafm~ust be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should cl3 arty state on the envelope and letter that it is a "FOIA/PA Appeal."
PRIN RED ON RECYCLED PAPER                               This form was designed uwg Inf orms NRC FORM 464 Pan !! (6-1998)

                        .,                   ..       .   . . . . . . . . .- .-       .. - - . .~... - . - -
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Re: FOIA/PA-98-256 l                                      APPENDIX B RECORDS BEING WITHHELD IN PART
, MQ  DATE                 DESCRIPTION 4PAGE COUNT)lEXEMPTIONS l
: 1. 10/20/98              Allegation Summary Sheet, NRR (2 pages) EX. 7C
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:                                             J/R/A ASSOCIATES                                  mM                           i Regulatory information & Support Systems y                          %g.,cQ.S'$ _        ,
l                                                  P.O. Bat 4604                       yy               , f-d 9-98 Capitollleights, MD 20791-4604                qq               [o d ,
(301) 249-9672 June 18,19?8 OGW-98-155 l
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l Mr. Russell A. Powell, Chief l
Freedom ofInformation/ Local Public Document                                                   ~
Room Branch M/S T6D8                                                                                                            l U.S. NUCLEAR REGULA TOR Y CONiMISSION Washington, DC 20555 l         

==SUBJECT:==
FREEDOM OF INFORMA TION A CT REQUEST l
l         

==Dear Mr. Powell:==

Pursuant to the Freedom ofInformation Act , 5 USC Paragraph 552, and to the Nuclear Regulatory Commission's regulations, I hereby request any summary ofeach allegation made with respect to Nine Mile Point Nuclear Station, Units 1 and 2, received since January 1, l         1996, as described in the NRC Office ofInvestigation Allegation Management System I         database. Specifically, ifpossible, please provide information related to the date the allegation l         was received, the date it was closed, and whether the concern was considered " substantiated. "
I am not interested in the name or any identifying information related to the alleger.
1         I would appreciateyourprompt response within ten working days of the receipt of this l         request, as provided by the Code and NRC's policies. I agree to pay suchfees as required under 10CFR Paragraph 9.33 et sea. withoutfurther authorization, however, please cuit ofthe fees exceed $150.00. In addition, please send the response to me only, rather!!..m to the NRC's Public Document Room. Please callifyou have questions. Thankyouforyour i
services.
ncerely,                  ',
h4 lia G. W liiams
                                                                                                     $A    -
                               -                            r--   g-- w                      -    ,-                .y

P
                                                                                               -m ALLEGATION 

==SUMMARY==
SHEET 20-Oct-98 NRR-1996-A-0085 1         Date_Benelved    6/17/96       Date_ Closed    8/23/96          Substanilated     N lMPROPER SALE OF EQUIPMENT; QUESTIONABLE MARKETING OF SURPLUS NUCLEAR PLANT COMPONENTS            

==REFERENCES:==
NRR-95-A-0045, NRR-95-A-0068,                         NRR      A-0051, NRR-96-A-0098 ### 7/16/96 - ACK LETTER TO ALLEGER. 7/17/96 - ARB MEETING HELD.
7/31/96 - AOC RECEIVED SUBMITTAL FROM ALLEGER. 8/23/96 - CLOSURE LETTER ISSUED.
LAST LETTER TO ALLEGER: 8/23/96 LAST ARB MEETING: 7/17/96 STATUS: 8/96 - CLOSED NRR-1996-A-0098 1         Date_ Received   7/23/96       DaleMosed       8/23/96          Sullatanifated    N REPLACEMENT MSIVS FOR NINE MILE POINT 2 WERE SOLD TO GE BY DIVESCO AND SHIPPED TO NMP2 WITH " HILLER ACTUATORS ATTACHED" CONTRARY TO INFORMATION PREVIOUSLY PROVIDED TO NRC & ALLEGER                  

==REFERENCE:==
NRR-89-A-0051, NRR-95-A-0045, NRR-96-A-0085, NRR-95-A-0068 ### 7/31/96 - ARB MEETING HELD. PSIB HAS FOUND THAT ALLEGATION IS NOT SUBSTANTIATED 8/23/96 - CLOSURE LETTER ISSUED.
LAST LETTER TO ALLEGER: 8/23/96 LAST ARB MEETING: 7/31/96 STATUS: 8/96 - CLOSED NRR-1998-A-0009 i          Rate Received    1/27/98       Date_Qlosed    4/17/98          SEhniantiated      N M&TE BUILDING HAD BEEN REMOVED DURING NOVEMBER OR DECEMBER OF 1997 WITHOUT PROPER DESIGN PAPERWORK IN PLACE TO ALLOW REMOVAL OF THE BUILDING.
MANAGEMENT WAS AWARE OF THIS BECAUSE THRE WERE HOLDOUT TAGS AND BECAUSE A CONTRACTOR HAD BEEN HIRED. A DER HAD LATER BEEN GENERATED. (Actions apply to both concerns) 2         DateReselYed      1/27/98       Date_C101sd    4/17/98          Substantiated      N Unspecified safeguards concerns.
7(
95 - 2M 1

a ALLEGATION 

==SUMMARY==
SHEET 20-Oct-98' .
NRR-1998-A-0013 1        date Re i nd        2/10/98                              Date. Cloned                                                  3/6/98        Substantiated N/A YOU WO KED FOR IN AT NMP AS A YOU WERE ASSIGNED ADD TIONAL DUTIES AS A FOR M    M AN ACTI       CAPACITY. FOLLOWING SIMULATOR MAINTENANCE AND MODIFICATIONS BY AN OUTSIDE VENDOR (POSSIBLY WD ASSOCIATES), YOU BEGAN TO
                                                                                                                                                                          $h DISCOVER SOFTWARE PERFORMANCE AND DOCUMENTATION PROBLEMS AND CONFIGURATION MANAGEMENT DISCREPANCIES THAT COULD BE TRACED BACK AS FAR AS THREE YEARS AGO WHEN A MAJOR SIMULATOR MODIFICATION AND COMPUTER SYSTEM REPLACEMENT WAS PERFORMED. (Actions apply to both concems.)
2         Date Received       2/10/98                                                                                            3/6/98 Date Closed                                                                  Substantiated N/A On
                               , you brought the above concems to Mr. XXXXX You were relieved of your duties 261/2 h u a r voicin concerns to Mr. XXX. You believe that this action was rh
                                                                                                                                                                          /
related tog                                                                                                         problems to Mr. YYY. Mr. YYY indicated that resolution o your final task assigntnents would be based on NMP actions. You submitted memoranda and reports to NMP stating that you felt that you were being denied the                                                                    assignment because of the concems you raised. You sent a copy to Mr. YYY.
D w
2
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