ML20134C188

Second Partial Response to FOIA Request for Documents. Forwards Documents Listed in App C Being Made Available in Pdr.Records in App D & E Being Withheld in Entirety (Ref Exemptions 2 & 5)

ML20134C188
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	01/28/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Binder N DEBEVOISE & PLIMPTON
Shared Package
ML20134B706	List: ML20134B703 ML20134C188 ML20134C212 ML20134C218
References
FOIA-96-485 NUDOCS 9701310280
Download: ML20134C188 (6)

Text

U.S. fv0 CLEAR REGUL,t 'ORY COMMISSION 4RC FOiA REOutst NUMBER (S)

. #o FOIA 485

1. RESPONSE TYPE

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IO 4Ab RESPONSE TO FREEDOM OF I FINAL K l PARTIAL (2nd}

INFORMATION ACT (FOlA) REQUEST

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DATE e JAll 2 8 !@

DOCKET NUMBE R(S)(if apphcablef REQUESTE R Neil S. Binder PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes/

No Egency records subject to the request have been located.

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

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

Agency records subject to the request that are identified in Append;x(es) are already available for public inspection and copying at the NRC Public Document Room. 2120 L Street, N.W., Washington, DC.

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

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staf f is now being made available for public inspection and copying at the N RC Public Document Room,212o 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 NRC Local Public Document Room identified in the Comments section, Enclosed is information on how you may obtain access to and the charges for copving records located at the NRC Public Document Room,2120 L Street, X N.W., Washington, DC.

)( Agency records subject to the request are enclosed Records subject to the request have been referred to another Federal agency 0es) for review and direct response to you.

Fees 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 requtst, no further action is being taken on appeal letter dated , No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE l

Certain information in the requested records is being withhald from public disclosure pursuant to the exemptions described in and for the reasons stated in Part 11, B, C, and D. Any released portions of the documents for which only part of the record is being withheld ars being made available for public IX inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number, COMMENTS

• Copies of the records identified on Appendix C, with the exception of record C/3, are enclosed. Record C/3 is copyrighted and may be inspected ONLY at the NRC's Public Document Room.

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9701310280 970128 PDR FOIA <

BINDER 96-485 PDR 4%f' FMM dad (Part il (1.41)

FOlO NUMeERisi DATE l l

RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOIA 485 W28M ,

i (CONTINUATION) l l PART 18.B- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) D; F are being withheld in their entirety or in part under the I Enemption No.(s) and for the reason (s) given below pursuant to

1. The withheld mformation is properly classified pursuant to Executive Order. (Exemption 1)

X 2. The withheld mformat.on relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2) l l3. The withheld mforrreation is specifically exempted from public disclosure by statute Indicated. (Exemption 3)

Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted 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).

4. The withheld mformation is a trade secret or commercial or fmancial information that is being withheld for the reasontsi indicated. (Exemption 4)

The mformation is considered to be confidential business (proprietaryl micrmation The mformation sa considered to be propnetary mformation pursuant to 10 CFR 2 7901dH1)

The mformation was submrtted and received m confidence pursuant to 10 CFR 2 790(dH2l

5. The withherd mformatson consists of mteragency or mtraagency records that are not avasiable through discovery durmg litigation (Examption 5). Applicable Privilege:

Deliberative Process: Disclosure of predecisional mformation would tend to inhibit the open and frank e.schange of ideas essential to the deliberative process.

Where records are withheld m their enterety. the f acts are mentricably .ntertwmed with the predecisionalinformation There also are no reasonably seJtegable f actual

__k portions because the release of the f acts would permet an indirect mouiry into the predecisional process of the agency I- Attorney work product pnvilege IDocuments prepared by an attorney m contemplat on of Stigation I X Attorney-client privilege (Confidential commur4ations between an attorney and his/her client.)

6. The withheld mformation is exempted from public disclosure brai- .e sts disclosure would result m a clearly unwa' ranted mvasion of personal pnvecy (Exemption 6) 7, The withheld mformation consests of records compiled for law enforcement purposes and is beeng withheld for the reasonds) mdicated (Exemption 7)

Disclosure could reasonably be expecteo to interfere with an enforcement proceedmg 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 investigators. (Exemption 7 (A))

Disclosure would constitute an unwarranted invasion of personal pnvecy. (Exemption 7(C))

The information consists of names of individuats and other information the disclosure of which could reasonaDly be enoected to reveal identities of

' confidential sources. (Exemption 7 (01)

OTHER l PART ll. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b) and or 9 25(c) of the U.S. Nuciea' Regulatory Commission regutat.ons. it has been determined that the information withheld is exempt from pro-duction or d,sclosure. and that its production or d.sciosure is contrary to the public mterest. The persons responsible for the denial are those officials identified below as denying of ficials and the Director. D vision of Freedom of information and Pubhcat.ons Services. Office of Administration for any demals that may be appeated to the Executive Director for Operations (EDOI.

I DENYING OFFICIAL TITLE 40FFICE RECORDS DENTED APPELLATE OFFICIAL l l SECRE W y G

, 1 Associate General Counsel for E l Stephen G. Burns Kea ri ngs.e Enforement md Appendix D y administration H rector, Office of IJamesLieberman Enforcement Appendix F y i

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PART 11. D- APPEAL RIGHTS Tho donial 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 within 30 days of receipt of this response. Appeals must be addressed, as appropnate. to the E xecutive Director for Operations, to the Secretary of the Commission. or to the Inspector General, U.S. Nuclear Rogulatory Commission. Washington, DC 20555. and should clearly state on the envelope and in the letter that it is an " Appeal from an imtial FOI A Decision."

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

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• Re: FOIA-96-485 APPENDIX C RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)

NO. DATE DESCRIPTION /(PAGE COUNT)

1. 10/12/94 Memorandum to Record from James Taylor,

Subject:

Drop-In Visit -- Florida Power and Light (2 pages)

2. 01/02/96 Letter to Florida Power & Light Company from Joseph Gray (1 page)

3. 08/15/96

• Palm Beach Post, Newspaper Article (3 pages) l l

Re: FOIA-96-485 APPENDIX D l RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION / (PAGE COUNT) / EXEMPTIONS l l

1. Undated Draf t letter to Florida Power and Light company from Stewart Ebneter,

Subject:

Notice of Violation and Proposed Imposition of Civil Penalty (6 pages)

EX. 5 PREDECISIONAL

2. Undated Memorandum for Thomas Murley from Jack Goldberg,

Subject:

2.206 Petition Submitted by Florida Municipal Power Agency, re: St. Lucie Antitrust License Conditions (22 pages) EX. 5 PREDECISIONAL AND ATTORNEY-CLIENT

3. 02/22/93 Review of 10 CFR 2.106 NRR package issuing Amendment (4 pages) EX. 5 PREDECISIONAL

4. 09/15/93 Code Relief Request - 10 CFR 50.55A(b) for IST and

50. 55a (s) for ISI (5 pages) EX. 5 PREDECISIONAL

5. 03/17/94 Review of 10 CFR 2.106 NRR package issuing Amendment (3 pages) EX. 5 PREDECISIONAL

6. 07/25/94 Review of 10 CFR 2.106 NRR package issuing Amendment (5 pages) EX. 5 PREDECISIONAL

7. 10/27/94 Review of 10 CFR 2.106 NRR package issuing Amendment (5 pages) EX. 5 PREDECISIONAL

8. 02/03/95 Review of 10 CFR 2.106 NRR package issuing Amendment (3 pages) EX. 5 PREDECISIONAL I

9. 04/28/95 Code Relief Request 10 CFR 50.55a(s) for ISI (7 pages) EX. 5 PREDECISIONAL

10. 09/26/95 Enforcement Control Sheet with Escalated Enforcement Panel Questionnaire (68 pages) EX. 5 PREDECISIONAL

11. 10/11/95 Enforcement Control Sheet with undated / unsigned  !

Memorandum to James Lieberman from Stewart'Ebneter re: EA 95-180, Florida Power and Light Company (14 pages) EX. 5 PREDECISIONAL

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12. 11/06/95 Code Relief Request - 10 CFR 50.55A(b) for IST;

50. 55 (a) (s) for ISI (4 pages) EX. 5 PREDECISIONAL

13. 02/05/96 Enforcement Control Sheet for Region II Enforcement Panel (66 pages) EX. 5 PREDECISIONAL

14. 02/05/96 Enforcement Control Sheet for Region II Enforcement Panel (22 pages) EX. 2 and EX. 5 PREDECISIONAL

15. 05/28/96 Review of 10 CFR 2.106 NRR package Issuing Amendment (4 pages) EX. 5 PREDECISIONAL

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• Re: FOIA-96-485 APPENDIX E RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION / (PAGE COUNT) / EXEMPTIONS

1. 08/25/95 EA Request Form (EA 95-180) (1 page) EX. 5 PREDECISIONAL

2. 09/20/95 E-Mail to OEMail et al., Request for EA Number with draft Chilling Effect Letter (5 pages) EX. 5 PREDECISIONAL

3. 09/20/95 EA Request Form (EA 95-209) (1 page) EX. 5 PREDECISIONAL

4. 10/17/95 Note to Jim Beall from Mike Stein, Comments on draft action with markup (8 pages) EX. 5 PREDECISIONAL AND ATTORNEY-CLIENT 5 .. 07/03/96 EA Request Form (EA 96-236) (1 page) EX. 5 PREDECISIONAL

6. 07/07/96 Enforcement Action Worksheet (11 pages) EX. 5 PREDECISIONAL

7. 07/10/96 EA Request Form (EA 96-249 (1 page) EX. 5 PREDECISIONAL

8. 08/22/96 EA Request Form (EA 96-236) (1 page) EX. 5 PREDECISIONAL

9. 08/22/96 EA Request Form (EA 96-249) (2 pages) EX. 5 PREDECISIONAL

10. 08/30/96 Memo to James Lieberman from Stewart Ebneter

Subject:

EA 96-236 and 96-249: Florida Power and Light Company, St. Lucie Nuclear Plant - Notice of Violation and Proposed Imposition of Civil Penalty (Special Inspection Report Nos. 50-335/96-12 and 50-389/96-12) with attached draft enforcement action (12 pages) EX. 5 PREDECISIONAL

11. 09/04/96 Handwritten Note re: EAs 236 & 249 (1 page) EX. 5 PREDECISIONAL