ML20134G954

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Final Response to FOIA Request for Documents.Forwards App a & B Documents.Documents Also Available in Pdr.App B Documents Partially Withheld (Ref FOIA Exemption 6)
ML20134G954
Person / Time
Site: Wolf Creek Wolf Creek Nuclear Operating Corporation icon.png
Issue date: 10/29/1996
From:
NRC OFFICE OF ADMINISTRATION (ADM)
To: Omealia M
AFFILIATION NOT ASSIGNED
Shared Package
ML20134G957 List:
References
FOIA-96-411 NUDOCS 9611130448
Download: ML20134G954 (4)
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-'N7C FOIA REQUEST NUMBER (S)

~. FOIA - 96-411 RESPONSE TYPE g i RESPONSE TO FREEDOM OF xylHNAL l l PARTIAL INFORMATION ACT (FOIA) REQUEST DATE gp (e...e/ DOCKET NUMBER (Sp IItapplicable) hE QUESTE R ,

Michael O'Mealia PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes)

No agency records subject to the request have been located.

, No tdditional 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 the NRC Public Document Room,2120 L Street, N.W., Washington, DC. .

1 Agency records subject to the request that are identified in Appendix (es) A are being made available for public inspection and copying l

, XX at ths NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA number.

The nonproprietary version of the proposel(s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and copying at the N RC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

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

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, N.W., Washington, DC.

Agency records subject to the request are enclosed.

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

Fees NONE You will be billed by the NRC for fees totaling &_ _

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

in view of N RC's response to this request, no further action is being taken on appeal letter dated , No.

PART 11. A-lNFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certrin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated g in Ptrt 11, B, 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 Documen' Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number.

COMMENTS 4

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! S1QIATURE, DIR ECTO ON' FREE , &}F INFORMATION AND PUBLICATIONS SERVICES l '

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9611130448 961029 PDR FOIA OMEALIA96-411 PDR -> '

MC FORM 464 (Part 11 (1-91)

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DATE

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RESPONSE TO FREEDOM OF '

INFORMATION ACT (FOlA) REQUEST FOIA 411 (CONTINUATION) g9gg PART ll.8- APPLICABLE EXEMPTIONS RC:ords subject to the request that are described in the enclosed Appendix (es) B are being withheld in their entirety or in pa under the Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(a) of NRC regulations.

i 1, The withheld mformation is properly classified pursuant to Executive Order. (Exemption il

2. The withheld information relates solely to the internal personnel rules and procedures of NRC. (Exemption 2) 3 The withheld mformation is specifically enempted from pubhc disclosure by statute ind6cated. (Exemption 3) j I

% Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 21612165;.

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

1.6 ,4. The withheld information is a trade secret or commercial of financial mformation that is being withheld for the reason (s) indicated. (Exemption 4)

The mformation is considered to be conhdential business lpropnetary) information.

The information is considered to be proonetary mformation pursuant to 10 CFR 2 790(d)t tl The information was submitted and received in confidence pursuant to to CFR 2.790idH2)

5. The withheld mformation consists of mteragency or metaagency records that are not available through scovery during htigation (Exemption 5). Apphcable Pnvilege:

Dehberative Process Disclosure of predecisional information would tend to inhetat the open and frar'k enchange of ideas essential tr Se deliberative process Whe e records are withheld in their entirety. the f acts are mentricably intertwined with the predeciennal iriformation There also are no reasonably sejregable factual

  1. portions because the release of the facts would permit an indirect inquiry ento the predecessunal prat ess of the agency Attorney work product pnvilege : Documents prepared bv an attorney m contemptahun of 1.tnution i i Attorney.chent privilege. (Confidential communications between an attorney and his/her chent.)  !

I g 6. The withheld information is exempted from public disclosure because es d.scinsure would resuit in a clearly unwarranted mvasron of personal privacy (Exemption 6)

7. The withheld mformation consists of records compiled for law enforcernent purposes and is being withheld for the reason (s) endeCated (Exernption 7)

I Disclosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope. directton, and for:us of enforcement efforts. and thus could poss+bly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. (Exemption 7 (AD Disclosure would constitute an unwarranted myasion of personal privacy. (Exemption 7(C1)

I The inforrnation consists of names of mdivduals and othee .nformahon th. diu insure nl w hwh could reasonably be emoected to reveal identities of confidentral sources. (Exemption 7 (D0 OTHEA PART ll. C-DENYING OFFICIALS 1

i Pursuant to 10 CFR 925tb) and or 9 25(c) of the U.S. Nuclear Regulatory Comm:ss.on regulations, it has been determined that the information withheld is exempt from pro-duction or disclosure, and that its production or disc'osure is contrary to the pubhc interest. The persons responstbre for the denial are those officiais identified below as denying i officials and the D> rector. D. vision of Freedom of information and Pubhcations Services. Of fice of Admm:stration, for any denials that may be appealed to the Executive Director I for Operations (EDOl.

DENYtNG OFFICIAL TITLE 'OF FICE RECORDS DENIED APPELLATE OFFICIAL J DO SECRETARY 1G Eduard L. Jordan Director, AE0D Appendix 8 XX

  • PART 11. D- APPEAL RIGHTS

. The denial by each denying off.cial identified in Part ll.C may be appealed to the Appellate Official identified there Any such appeal must be made in writing within 30 days of receipt I of this response. Appeals must be addressed, as appropriate, to the Executive Director for Operations. to the Secretary oft he Commission or to the inspector General, U S. Nuclear Regulatory Commission. Washington, DC 20555, and should clearly state on the envelope and m the letter that it is an " Appeal from an Imtial FOI A Decision." l l

l NRC FORM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION i

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l Re: FOIA-96-411 APPENDIX A DOCUMENT DEING RELEASED IN ITS ENTIRETY NUMBER DATE DESCRIPTICH

1. 1/31/89 Letter from Bart Withers to USNRC, subject:

Docket 50-482: Licensee Event Report 88-028-

01. (6 pages) l l

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I Re: FOIA-96-411 APPENDIX B DOCUMENT DEING RELEASED IN PART NUMBER DATE DESCRIPTION

1. 1/6/89 Letter from Bart Withers to NRC, subject:

Docket No. 50-482: Licensee Event Report 88-028-00. (6 pages) Portions withheld, EX. G

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