ML20134H775

Second Partial Response to FOIA Request for Documents. Records in App B Encl & Being Made Available for Pdr.App C,D & E Records Withheld in Part (Ref FOIA Exemptions 4-7).App F Records Completely Withheld (Ref FOIA Exemption 5)

ML20134H775
Person / Time
Site:	Millstone, Seabrook, Haddam Neck  File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	11/06/1996
From:	Brown N NRC OFFICE OF ADMINISTRATION (ADM)
To:	Stoecker K POMERANTZ, LEVY, HAUDEK, BLOCK & GROSSMAN
Shared Package
ML20134H779	List: ML20134H775 ML20134H783 ML20134H789 ML20134H793
References
FOIA-96-298 NUDOCS 9611140293
Download: ML20134H775 (7)

Text

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RESPONSE TYPE

, .g RESPONSE TO FREEDOM OF l FINAL M PARTIAL 7g

'i J INFORMATION ACT (FOIA) REQUEST DATE occo M06M DOCKET NUMBE R(S) ftf #pphcable)

F.EOULSTE.1 Karl J. Stoecker PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)

N; agency records subject to the request have been located.

N 2 additional agency records subject to the request have been located.

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

Agency records sub ect 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.

Agency records subject to the request that are identified in Appendix (es) R are being made available for public inspection and copying XX at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff s 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 th's FOI A number.

Agency records subject to the request that are identified in Appendix (es) may be insper*t and copied at the NRC 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, Nf't, Washington, DC.

yy Agency recordssubject to the request areenclosed. App. 8 aan the releasable portions of App. C, D, & E are Records subjer i request have been referred to another Fer'eral agency (ies) for review and direct response to you. OnClOSed.

Fees You will be billed by the NRC for fees totaling S 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-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain coformation in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in P;rt 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 XX inspecGon and copying in the NRC Public Document Room,2120 L Street, N.W. Washington, DC in a folder under this FOI A nun'ar.

COMMENTS i

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,n X Si, N U'1E 'TO R QWISION OF F REEDOM OF INFORMATION AND PUBLICATIONS SE RVICES sy?f

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9611140293 961106 PDR FOIA STOECKE96-P98 PDR NRC FORM 464 (Part II (191)

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. FOLA NUMBEMs) DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 298 M 0 f GB (CONTINUATION) l l PART 11.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) C - F are being withheld in their entirety or in part under the Exemption No.(s) and for the reeson(s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations.

1. The wethheld enformation is property classified pursuant to Executive Order. (Exemption 1)

[ 2. The hheld mformation relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2)

!l l3. The e nthheld information is specifscally exempted from pubhc disclosure by statute indicated. (Exemption 3)

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

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

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4. The withheld mformation is a trade secret or commercial or financial artformation that as bemg withheld for the reasontsi indicatiid. (Exemption 4) l I

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X The mformation es considered to be confidential busmess (propnetary) mformation l l

The information es considered to be propnetary mformation pursuant to 10 CFR 2 790 ldh 16 The mformation was submitted and received m confidence pursuant to 10 CFR 2 790 ldh 21

5. The withheld mfortnation consists of interagency or mtraagency records that are not available through discovery during litigation (Enemption 5). Applicable Privilege:

! Dehborative Process: Disclosure of predecisional mformation would tend to mhibit the open and frank exchange of ideas essentia s ' the deliberative process.

Where records are withheld m their entirety, the facts are mentricabiy mtertwined with the predecas.onal mformation. There also are no reasonably seyegable f actual yy portions because the release of the f acts would permit an mdirect mouiry mto the predeciseonal process of the agency.

Attorney work product pnvilege 4 Documents prepared by an attorney in contemplation of litigation )

Attorney.chent privilege. (Confidential communications between an attorney and his/her a hent.)

y 6. The wrthheld information is exempted from public disclosure because its disclosure would result m a clearly unwarranted mvasion of personal privacy (Exemption 6)

7. The withheld information consssts of records compded for law enforcement purposes and is bemg withheld for the reason (s) indicated (Exemption 7)

I z I Disclosure could reasonably be expected to interfere with an enfoecement proceedme because it could reveal the scope, detection, and focus of

"- g enforcement efforts, and thus could possibly allow recipaents to take action to shield potential wrongdomg or a violation of NRC requirements from investigators. (Exemption 7 ( A))

Disclosure would constitute an unwarranted mvasion of personal privacy. (Exempt;on 7(C))

i \M The enformation consists of names of endivedun and other information the discir ww I'f Which could reasonably be espected to reveal identities of )

I confidential sources. (Ememption 7 (DI) 1 OTHER j l

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ll PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25(b) and or 9 25(c) of the ilS. Nuclear Regulatory Commission regulabons it has oeen determined that the information withheld is exempt from pro-duction or disclosure, and that its product.on or d sc6osure is contrary to the pubhc interest. The persons responsible for the denial are those of f.cials identified below as denymg officia;s and the Director, D; vision of Freedom of information and Pubhcations Services. Office of Admmistration, for any deniais that may be appealed to the Executive Director for Operations (EDOL

!l DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE OFFICIAL ll Executive Assistant Office of the Secretary App. C & D EDO SECRETARY XX IG lISandraJoosten ll l IGuy Caputo Director, Office of Investigations App. E/1 XX

!ll James M. Taylor Executive Director for Operations App. E/2 XX IHubert J. Miller Regional Administrator, Reg. I App. F XX l PART 11. D- APPEAL RIGHTS The d:nial by each denymg official identified in Part II .C may be appealed to the Appellate Official identified there. Any such appeal must be made in writmg withm 30 days of receipt of this response. Appeals must be addressed, as appropr; ate, to the Executive Director for Operations. to the Secretary of the Commission, or to the inspector General. U.S. Nucinar R:gulatory Commission. Washmoton, DC 20555, and should clearly state on the enveiope and m the letter that it is an Appeal f rom an initial FOl A Decision."

NRC FORM 464 (Par

• 2) (191) U.S. NUCLEAR REGULATORY COMMISSION I

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l Re: FOIA-96-298 APPENDIX B DOCUMENTS BEING RELEASED IN THEIR ENTIRETY NUMBER DATE DESCRIPTION

1. Undated Meeting with Northeast Utilities - Jim Taylor's Comments. (1 page)

2. Undated Meeting with Northeast Utilities - Bill Russell's Comments. (2 pages)

3. 9/7/94 Viewgraphs- Mi!.1rtone Visit - W. T.

Russell /T. T. I, sr t in. (20 pagec) l 4. 2/6/95 Letter from Javes Taylor to W. B. Ellis. (1

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Re: FOIA-96-298 APPENDIX C l

DOCUMENT DEING RELEASED IN PART

NUMBER DATE DESCRIPTION

1. Undated Background information on individual. (1 page) Portions w i t.h held, EX. G I

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O Re: FOIA-96-298 APPENDIX D DOCUMENTS BEING RELEASED IN PART NUMBER DATE DESCRIPTION

1. 5/31/94 Memu from Neil Jensen to Commissioner de Planque, subject: DD-94-05: Director's Decision Re: H&I at Millatone. (1 page)

Portions withheld, EX. 5

2. 7/16/96 Memo from Brian Holian to Chairman Jackson, subject: Meeting with Northeast Utilities' Board of Trusteen - July 18. (2 pages)

Portions withheld, EX. 5

3. 7/16/96 ' emu, same as ' tem 2 above, with a n n o t a *. i o n c .

(2 pages) Portions withheld, EX. 5 l

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Re: FOIA-96-298 l

l l APPENDIX E DOCUMENTS BEING RELEASED IN PART l NUMBER DATE DESCRIPTION l 1. Undated List of Open OI:RI Northeast Utilities l / Millstone Investigations. (1 page)

Portions withheld - EX. 7(A) i i

2. Undated Memo from James Taylor to the Record l regarding May 2, 1995 Drop-In Visit -- '

Northeast Utilities Milletone, Haddam Neck and Seabrook. (22 pages) Portions withheld l

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i Re: FOIA-96-298 APPENDIX F DOCUMENTS BEING WITilllELD IN TilEIR ENTIRETY NUMBER DATE DESCRIPTION

1. Undated Proposed FOX Telecon Talking Points. (1 page) EX. 5

2. 3/17/95 Handwritten notes from NRC-NU Board of Trustees Meeting. (1 page) EX. 5 l

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POMERANTz HAUDEK BLOCK & GROSSMAN A suMTHEft$Ntp INCL &JDING A MICFESGaQNAL COMPORATIOed t

ATTORNEYS AT LAW 100 PARK AVENUE tramoede (eta) 66i-e : oo NEW YORK. NY 10 087- 5 516 i MARL J. STOECKER FACSIMid:(212) 664-8665 ,

July 23,1996 i

l VIA OVERNIGIIT DELIVERY faf4 DOM M ;pmg

> XI unuar Mr. Carlton Kammerer ~g4 q p ,

Director, Division of Freedom of Information & Publications Services U.S. Nuclear Regulatory Commission h'cb7-AN'Tb 1 Of0ce of Administration Mail Stop T6E4 .

Washington, D.C. 20555 Re: Freedom ofInformation Act Request l

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Dear Mr. Kammerer:

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! - Pursuant to 5 U.S.C. s 552(a)(3) and 10 CFR s 9.23(b), I request copies of any NRC l

documents, including, without limitation, notes, meeting minutes, transcripts, recordings, summaries, 1 l

electronic messages (E-mail), drafts, reports, and memoranda that contain factual information that l

formed the basis of, or relate to, (i) any meeting, conference or presentation attended by NRC l personnel and the Board of Trustees or any Trustee of Northeast Utilities or any of its subsidiaries, l including, without limitation, the meeting which occurred on March 17, 1995; and (ii) any

! communication between NRC personnel and the Board of Trustees or any Trustee of Northeast Utilities or any of its subsidiaries.  !

l To the extent that the requested information is included in documents or records that l contain the advice, opinions or recommendations of NRC staff, please produce all factual information that can be reasonably segregated, in accordance with 10 CFR s C.19(b).

! I agree in advance to pay any fees associated with this request up to $500.00. I request that you notify me if the costs will be more than $500.00. I can be reached by telephone at (212) 661-1100. Thank you in advance for your assistance.

Sincerely,

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Karl J. Stoecker I i

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February 6, 1995 iP. William 8. Ellis, Chairman thrtheast Utilities Northeast Nuclear Energy Company I'. O. Box 270 H.irtford, Connecticut 06141-0270 Daar Mr. Ellis:

For a number of years, NRC senior managers have observed, with concern, frequent personnel errors and weaknesses in work planning and control at Millstone Unit 2 that have precipitated or contributed to significant plant events. While substantial resources and management attention have baan xpended to address these longstanding staff performance concerns, and site management acted to truncate a scrics of significant performance pechlems during the current Unit 2 refueling outage, we would like to better understand the Board of Trustees' view on the need for continued improvement in performance at Millstone Unit 2. As a result, I plan to conduct a eite visit in the near future. Further, William Russell, Thomas Martin, and I would like to meet with you and your Board of Trustees.

Mr. Martin will be contacting you to arrange a mutually agrecable time and location for the meeting. If you have any questions regarding this matter, please do not hesitate to call me.

Sincerely, l

Mw 9 i et M. Taylpt-xccutive Director for Operations Oncket tio. 50-336  ;

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