ML20134J279

Final Response to FOIA Request for Documents.Records in App a Withheld in Part (Ref FOIA Exemption 7)

ML20134J279
Person / Time
Issue date:	11/12/1996
From:	Powell P NRC OFFICE OF ADMINISTRATION (ADM)
To:	Fields D AFFILIATION NOT ASSIGNED
Shared Package
ML20134J282	List: IA-96-402, Transcript of 960327 Predecisional Enforcement Conference Proceedings Before Stewart Ebneter,Chairman in Atlanta,Ga ML20134J279 ML20134J290 ML20134J295
References
FOIA-96-402 NUDOCS 9611150123
Download: ML20134J279 (3)

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FOIA 402 g\\,

RESPONSE TYPE l

t RESPONSE TO FREEDOM OF x IFINAL l l PARTIAL l

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INFORMATION ACT (FOIA) REQUEST oATE flOV 121m s...ee DOCKET NUMBER (Sl(/f apphcablef RE QUESTE R 1

Mr. David Fields PART L-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes) l No agency records subject to the request have been located.

l No additional agency records subject to the request have been located.

Requested records are available through another public distribution program. See Comments section.

Agency records subject to the request that are identified in Appendix (es) are already available for public inspection and copying at thel i

N RC Public Document Room,2120 L Street, N.W., Washington, DC.

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Agency record / subject to the request that are identified in Appendix (es)

A are being made available for public inspection and copying at the NRC Pubic Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA number.

The nonproprtetary we sion of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available l l l'

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for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOIA number.

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l Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the N RC Local Public Document l j

l Room identified in the Comments section.

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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, l i

N.W., Washington, DC.

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Agency records subject to the request are enclosed. Appendix A-l l

Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

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Fees 102.50 X

You will be billed by the N RC for fees totaling $

You will receive a refund from the NRC in 1% amount of $

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.l In view of NRC's response to this request, no further action is being taken e apptal letter dated

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l PART II. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE i

Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated X

in eert it, s C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number, l COMMENTS l

In a telephone conyersatio.n.with Mrs. Gigi_Rammling, of my staff, you limited your request, in the interest of time, to the March 27, 1996, transcript between NRC and the Florida Power l

Corporation.

l The fees for processing your request are as follows:

l SEARCH:

2.60 [30 minutes @ $15. 79/hr. ]

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REVIEW:

99.90 [5 prof. hrs. (less 2 free hrs) @ $33. 30/hr. ]

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DUPLICATION: 0.00 [ duplications was under 100 free pages]

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$102.50 i

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j DON E DIRECT ISIOPT REEDO FORMATION AND PUBLICATIONS SERVICES i

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9611150123 961112 i

PDR FOIA 1

FIELDS96-402 PDR j NRC P!RM 464 (Part I) (191)

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FDlA NUMBER (S)

DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 402

'MV121996 (CONTINUATION) l PART 11.B-APPLICABLE EXEMPTIONS A

are being withheld in their entirety or in part under the Records subject to the request that are described in the enclosed Appendix (es)

Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations.

1. The withheld mformation is property class #fied pursuant to Executive Order. (Exemption 1)

2. The withheld informaten relates solely to the eternal personnel rules and procedures of NRC. (E xemption 2) l l3. The withheld Informaton is specifically exempted from public disclosure by statute indicated. (Exemption 3) 1 Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Date or Formerfy Restricted Dae, M1 U.S.C. 2161-2165).

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Section 147 of the Atomic Energy Act, which prohibits tNe disclosure of Unclassified Safeguards Information (4 U.S.C. 2167).

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4. The withheld mformaten es a trade secret or commert.ial or fmencial mformation that is bemg withheld to the reasonist indicated. (Exemption 4)

The enformation is considered to be confederaal business (propr :;aary) mformation.

The mformation sa considered to be propretary information pursuant to 10 CFR 2.790ldHIL The mformaton was submitted and received in confidence pursuant to 10 CFR 2 790 ldh 2L

6. The withheld mformation consists of interagency or intraagency records that are not available through discovery durne litigation (Exemption 5). Applicable Privilege:

Deliberative Procesa: Disclosure of predecisenal information Ao' ld tend to inhabet the open and frank enchange of ideas essential to the deliberative process.

u Where records are withheld m their entirety, the f acts are mentricably etertwined with the predecisional mformaton. There also are no reasonably sepegable f actual portions because the release of the facts would permit an mdirect mouiry into the predecisional process of the agency.

Attomey work. product privilege (Documents prepared by an attorney en contemplaton of litigation )

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Attorney client privilege. IConfidential communicatens between an attorney and his/her client.)

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6. The withheld mformaton is exempted from pd a disclosure because its disclosure would result m a clearly unwarranted mvasion of personal pnvecy. (Ememption 6)

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7. The withheld informaton consists of records compiled for law enforcement purposes and is beinD *'thheld for the reason (s) indicated. (Exemption 7)

Disclosure could reasonably be expected to interfere with an ' enforcement proceadmg because it could reveal the scope, direction, and focus of enforcement efforts. and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from investiostors. (Ememption 7 ( AD X

Disciosure would constituie en unwarranied invasion of personai privacy. (E=.mption 7 C))

The mformatiori consists of names of mdividuals and other enformation the disclosure of which could reasonably be enoected to reveal identities of confusential sources. (Exemption 7 (D))

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PART ll. C-DENYING OFFICIALS

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Pursuant to 10 CF R 9.25(b) and/or 9.25(c) of the U.S. Nuclear Ragulatory Commission regulations it has been determined that the information withheld is exempt from pro-duction or disclosure, and that its production or d<sclosure is contrary to the pubhc mterest. The persons responsible for the denial are those offscials identified below as denying officials and the Director, Divrs on of Freedom of information and Publicatens Services. Office of Administration, for any denials that may be appassed to the Executive Director for Operations (EDOL l

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL 5""

I Regional Administrator e l Stewart D. Ebneter Region IL USNRc Appendix A X

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l PART 11. D-APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made m writmg within 30 days of rec of th'a response. Appeals must be addressed, as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Regulatory Commissen, Washmgton, DC 20555, and should clearly state on the envelope and in the letter that it is an Appeal from e9 Initial FOI A Decision."

U.S. NUCLEAR REGULATORY COMMISSION NRC F% RM 464 (Part 2) (1-91)

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FOIA-96-402 l

l APPENDIX A RECORDS BEING WITHHELD IN PART i

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DATE DESCRIPTION / (PAGE COUNT) / EXEMPTIONS

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3/27/96 Pre-Decisional Enforcement Conference Transcript between NRC & Florida Power l

Corporation regarding Crystal River 3 (77 pages)

[ Exemption 7C)

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