ML20216E887

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Final Response to FOIA Request for Documents.Forwards App D Records Being Made Available in Pdr.App E Records Being Withheld in Part (Ref FOIA Exemption 5)
ML20216E887
Person / Time
Site: Millstone  Dominion icon.png
Issue date: 03/16/1998
From: Brown N
NRC OFFICE OF ADMINISTRATION (ADM)
To: Omealia M
AFFILIATION NOT ASSIGNED
Shared Package
ML20216E891 List:
References
FOIA-97-469 NUDOCS 9803180195
Download: ML20216E887 (4)
v • d • e


Text

U.S. NUCLEAR REGULATORY COMMISSloN NHC FOIA HL QUEST NUMBEH(S)

  • . FOIA - 97-469 RESPONSE TYPE f r s t RESPONSE TO FREEDOM OF XX I NNAL l l PARTI AL 3rd

( INFORMATION ACT (FOlA) REQUEST o^"

@AR 16 1998 DOCKE t NUMBE RISI titapplicable)

RE QUE ST E R Michael K. O'Mealia PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See chected boxes /

No agency 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 program. 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.

Agency records subject to the request that are identified in Appendix (es) 0 are bemg made available for public inspection and copring XX ct the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC, m a folder under this FolA number.

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

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

Er.:losed is information on ho v you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N X, Washington, DC.

Agency records subject to the request are enclosed.

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

XX Fses You will be billeo by the N RC for fees totaling S _

XX You will receive a refund from the N RC in the amount of S 1304.16 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 Cartain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part if,8, 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 N inspsetion and copying in ;he NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.

COMME NTS The fees for processing your request are as follows:

7.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> search: $ 230.97 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> review: 356.70 587.67 Since you have already provided advance payment in the amount of $1891.83, you will receive a refund from the NRC Division of Accounting in the amount of $1304.16.

This completes NRC action on your request.

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w x SicNq lvlSION C F F REEDOM OF INFOHMATsON AND PUBLICATIONS SERVICES

, Vmki dippo iEcip@0lth OL .

9803180195 980316 IllEllllEIMllllM PDR FOIA 4 O' PDR

/o " v 'MEALI97-469 o v # - "

Fo1A NUM8ERis) DAtE e

RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOlA 469 g 3 g 99gg Y (C7 NTINUATION) l PART 113- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) E are being withheld in their entirety or in part under tha Eternption No fs) and for the reason (s) given below pursuant to S U.S.C. SS2(b) and 10 CF R 9.17(a) of N RC regulations.

1. The withheld mformation is properly classified pursuant to Executive Order. (Exemption 11
2. The evithheld mformation relates solely la the mternal personnel rules and procedures of NRC (Exemption 2)

,l l 3. The withheld mformation is specifically esempted from public disclosure by statuta mdicated. (Ememption 3)

> Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted D ta or Formerfy Restricted Data (42 U.S C. 21612165).

Sectiun 147 of the Atomic Energy Act, whech prohibits the discioeure of Unclassified Safeguards Information 142 U.S.C. 2167).

4. The wethheld information es a trade secret or commere el or financial information that as being withheld for the reasontal indicated. (Exemption 4)

The mformation is considered to be confidential buseness (propnetaryl mformation The mformation is considered to be proprietary mformation pursuant to 10 CFR 2 790tdHil The mformation was submitted and received m confidence pursuant to 10 CF4 2 790 ldh 2)

XX 6. The withheld mformation consists of mteragency or mirangency records that sie not evadabie through discovery during htigation (Ememption bl. Apphesbie Privilege:

Dehberative Process. Disclosure of predecisional mformation would tend to mhibit the open and frar k encharge of ideas essential to the dehberative process Where records are withheld in their entirety. the facts are meatncably intertemed with the predecas,onal mformation There also are no reasonably segregable f actual r portions because ihe reiease of the f acts wouid perm.i an mdireci mouir into the predeces onai process of tne agency IXX Attorney work e M1uct privilege IDocuments prepared by an attornev m contempidstion of litigation i Attorney.cir 6 The wethtw -

a%

2,

' Confidential communications between an attorney and his/her chent.)

ied from pisbhc disclosure becautie its disclosure would result m a ciearly uriwananteo invasion of personal pnwacy (Enemption 6)

XX 7, The . .snaists of records compded for law enforcement purposes and is bemg wethheld for the reasontsi mdecated (Exemption 7)

Disclosurs cou L.1 ably be espected to mterfere with an enforcement proceedmg because it could revesi the scope, direction. and focus of XX anforcemeisi i uris. and tnus couid possibiv siiow recipients io iano action to shieid actentisi wrongdome or a vioistion of NRC requirements from muestroators. (E memption 7 ( A))

XX Disclosure would constitute an unwarranted it.vasion of personal privacy. (Ememption 7(CH The mformation consists of names of individuals and other mformdtioin the drstlo$ure of which c ould reationably be espected to reveal identities of confidenhal sources. (Exemption 7 (DH

~

01HLH l PART 11. C-DENYlNG OFFICIALS Pursuant to 10 CF R 9 25tb) and'or 9 25M of the U S. Nuclear Regulatory Commwon regulat.ons. L has been determined that the mformation withheid is caempt from pro

$e durtion or disclosure, and that its production or d'sclosure is contrary to the pubhc mterest. The persons responsibie for the denial are those of ficiais identif ed below an denymg officials and the Director, Division of Freedom of Informateon and Publicat,ons Services. Office of Admmestration, for any deniais that may be apocaled to the E xecutive Directcr for Operations (EDOL

{ DENYING OFFICIAL TITLE OF FICE RECOROS DENIED APPELLATE OF FtCIAL EDO SECRETARY IG _

l lHubert 3. Miller Regional Administrators Reg. I Appendix E XX l

l I

l l PART ll. D- APPEAL RIGHTS _

The denial by each denymg official identified m Part il C may be appesied to the Appellate Official identified there. Any such appeal must be made m writmg withm 30 days of receipi c8this rgspunso. Appeals must be addressed 33 appropriate. to the E mecutive Director for Operations to the Secretary of the Commission, or to the inspector Generar. U S. Noctear 6egutstory Commession. Washington, DC 20555, and should clearly state on the envelope and m the letter that it is an Appeal from an inettel FOt A Decision."

NaC FORM 464 (Part .t) (191) U.S. NUCLEAR REGULATORY COMMISSION

// .

's' ,

Re FOIA-97-469 APPENDIX D RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)

M(L DATE DESCRIPTIOM/(PAGE COUMT)

1. 10/31/94 E-mail fr'om L. Nicholson, subjects 11/2 MAP Agenda. (1 page)
2. 1/19-25/95 Copies of three e-mails on one page from J.

Durr regarding MAP. (1 page)

3. 1/27/95 E-mail from R. Cooper regarding MC 0350 -

Millstone 2. (1 page)

4. Sept /97 RAP Agenda Items. (1 page) l

Re: FotA47 d69 APPENOtX E RECORDS BEING WITHHELD IN PART HCL MTE DEacRIPTIOlif(PAGE COUNT)IEXERAPTIDMS

1. 12/5/96 MWatone Restart Amedestrent Panel (RAP)- meeting minutes. (2 papas)

EX. 5 and 7(A)

2. if5/D7 MEstone Restart Assessment Panel- rnesting minutes (2 peoss) EX. 5 and 7(A) l
3. 3I5/97 Mestone Restart Assessment Panel- meebng rmnutes. (9 pages) EX. 5 l and 7(A)
4. N1/97 Restart Aeoessment Panoi Meebng Conducted on May 1,1997 - Loosten -

Mestone Staten - moshng mrules. (6 pogos) EL 5 and 7(A)

5. 5/22/97 M5 stone Siston Restart Assessment Panel Moebng - mesteg rmnutes. (3 j pages) EX. 5,7(A)and 7(C).  !

1

6. 7/2/97 Mestone Restart Assessment Panel-ir_ g rmnutes. (3 pages) EX. 5 j and 7(A)  !
7. 8/13/97 Mestone Restart Assessment Panel Moebng Minutes for Moebog Corducted on Wednesday, August 13,1997. (4 pages) EX. 5 and 7(A)
8. 9/24/97 Mestone Restert Assessment Penal Meetmg Mmutes. (3 pages) EX. 5 and 7(A)
9. 12/17/97 Mestone Restart Assessment Panel Moebng Mirstes. (2 pages) EX. 5 and 7(A)
10. 1/15/96 Mestone Restart Assessment Panel Meetog Moutes. (3 pages) EX. 5 and 7(A)

December 1,1997 A

Mr. Carlton C. Kammerer, Director Division of Freedom ofInformation Cmk D EN M __,

9 7-g/. 9 and Publication Services Date Redct _ /4-#-9y Office of Administration U.S. Nuclear Regulatory Commission ActienOfi:

pg,gg' Jwm Washington, D.C. 20555 ---

Re: Freedom ofInformation Act Reauest  !

Dear Mr. Kammerer:

{

i I

Pursuant to the Freedom ofInformation Act (5 U.S.C. Q 552) and the U.S.

Nuclear Regulatory Commission's (NRC) regulations (10 C.F.R. Part 9, Subpart A), I request all documentation regarding the NRC Millstone Assessment Panel (MAP) from its inception to the present time. 'Ihis information should include, but not be limited to:

1

1. all records related to the development of MAP; i l
2. all written records of all meetings held by MAP;
3. all formal, informal and personal notes taken by panel members and meeting j participants at all MAP meetings; i
4. all material prepared for presentation at all MAP meetings, whether actually presented or not;
5. all internal NRC correspondence prepared as a result of, or in conjunction with, all MAP activities; and ,
6. all records of telephone conversations and teleconferences concerning MAP.

I would appreciate your prompt response within ten (10) working days of the receipt of this request, as provided by 10 C.F.R. Part 9 and the NRC's policies. If you require additional infonnation, please contact me at (202) 634-1439.

j (in r , y, i /

Michael K. O'Mealia

.

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