IA-98-260, Final Response to FOIA Request for Documents.Records in App a Encl & Already Available in PDR

Final Response to FOIA Request for Documents.Records in App a Encl & Already Available in PDR

ML20236S765
Person / Time
Site:	Millstone
Issue date:	07/23/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Cullen S AFFILIATION NOT ASSIGNED
Shared Package
ML20236S767	List: IA-98-260, Final Response to FOIA Request for Documents.Records in App a Encl & Already Available in PDR ML20236S765 ML20236S785
References
FOIA-98-260 NUDOCS 9807270212
Download: ML20236S765 (3)

Text

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C 4, NRC FORM 464 P_rt i U.S. NUCLEAR REGULATORY COMMISSION

" RESPONSE NuM1ER I

neo g FOIA/PA 98-260 i

~

a RESPONSE TO FREEDOM OF

" E INFORMATION ACT (FOIA) / PRIVACY RESPONSE k*

• s * *) ACT (PA) REQUEST TYPE b REQUESTER DATE Scott M. Cullen 123 3 PART l. -INFORMATION RELEASED (See checked boxes)

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

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

~ APPENDICES ~ i I

Agency records subject to the request that are identified in the listed appendices are already available for A public inspection and copying at the NRC Public Document Room.

APPENDICES ~

Agency records subject to the request that are identified in the listed appendices are being made available for public inspection and copying at the NRC Public Document Room.

Q' Enciosedis 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.

py APPENDICES ~

M A/2 M Agency records subject to the request are enclosed.

]- Recordslubject 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.

{ ] We are continuing to process your request.

Q This completes NRC's action on your request.

PART l.A - FEES

{

%- Fees AuoVNT * ~~

[ ] You will be billed by NRC for the amount listed. Q None. Minimum fee threshold not met.

I You will receive a refund for the amount listed.

ts

[' ']' ] Fees waived.

kg PART 1.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

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

]-- the reasons stated in Part 11.

]- This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."

PART 1.C COMMENTS (Use attached Comments continuation page if required)

In order to qualify for a fee waiver, NRC regulations (10 CFR 9.41(b)), state you must provide information addressing each l of the eight criteria outlined in 10 CFRjdl(b) for NRC to evaluate your request for a waiver of fees (see enclosed copy). j Since your request did not adequatclpthe en,glit criteria required by NRC's regulations, your request for a waiser of fees is denied. In addition, the records subject to your request are already publicly available at NRC's Public Document Room and Local Public Document R(ms throughout the country. The NRC does not waive fees for records already in the public domain. You were categorized for fee purposes as non-excepted w hich entitled you to 100 free pages. Copies of documents A/2 and A/4 are enclosed free of charge.

This determination may be appealed within 30 days by w riting to the FOI A/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the enselope and in the letter that it is a "FOIA/PA Appeal."

C i ,

~ SIGNAT L t.FREL $4NF ORMA(qN AC1 JtD PR ACY ACT OH ICER TLC &g we - 4 dja N '

Russ / \'

9807270212 980723 1 PDR FOIA 3 CULLEN98-260 PDR \

NRC FORM 464 Part 1 (3-1998) PRINTED oN RECYCLED PAPER This form was designed using InForrns

, Cf 6022202( 2-

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<! NRC FORM 464 Ptrt il U.S. NUCLEAR REGULATORY COMMISSION DATE RESPONSE TO FREEDOM OF INFORMATION FOIA/PA 98-260 ACT (FOIA) / PRIVACY ACT (PA) REQUEST i K 2 81998 APPO40tCEs ~ PART ll.A - APPLICABLE EXEMPTIONS Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under

_ _ _ . 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. 552(b)).

] Exemption 1: The withheld information is property classified pursuant to Executive Order 12958.

] Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC.

[] Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated n Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U.S C.

IJ 2161-2165).

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

[ ~1 41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an la executive agency to any person under section 552 of Title 5, U.S C. (the FOIA), except when incorporated into the contract between the j agency and the submitter of the proposal.

]- Exemptior 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated.

] The information is considered to be confidential busiriess (proprietary) information.

R The information is considered to be propnetary because it concerns a licensee's or applicant's physical protection or material control and i lJ accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).

] The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).

l

{J Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during htigation. Apphcable privileges. i

)

R Deliberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the LJ dehberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional 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-chent pnvilege (Confidential communications between an attorney and his/her chent)

{"1 L. I Exemption 6. The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvecy.

R Exemption 7; The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) l1 indicated.

{l (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g , it would reveal the scope, direction, and 3

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).

l] (C) Disclosure would constitute an unwarranted invasion of personal pnvacy.

I .1 1(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 investigations or prosecutions, or guidehnes that could j reasonably be expected to nsk circumvention of the law

" l (F) Disclosure could reasonably be expected to endanger the hfe or physica' safety of an individual,

] {~OTHER (Specify)

PART 11.B - 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 thit the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public int: rest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any dinitis that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED I f,F'C'#',a Russell A. Powell FOIA/PA Omccr Fee Wais er ~jx i

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i App al must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, f U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should cliarly state on the envelope and letter that it is a "FOIA/PA Appeal."

L NRC FORM 464 Part 11 (31998) PRINTED ON PEcVCLED PAPER This form was designed using inf orms I

t FOlA-98-260 APPENDIX A-RECORDS ALREADY AVAILABLE IN THE PDR ACCESSION MCL DATE NUMBER DESCRIPTION

1. 12/30/97 9801050290 Revision 24 to Millstone Nuclear Power Station Emergency Plan

2. 3/24/98 9804020355 Revision 24, Change 1 to Millstone Nuclear Power Station Emergency Plan

3. 4/15/98 9804160477 Revision 24, Change 2 to Millstone Nuclear Power Station Emergency Plan

4. 5/13/98 9805200157 Revision 24, Change 2 to Millstone Nuclear Power Station Emergency Plan

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