ML20210N987

Appeals Denial of Documents Re Sept 1996 Osre for San Onofre Nuclear Generating Station.Requests Copies of Sept 1996 Osre Rept & Any More Recent Osre Repts

ML20210N987
Person / Time
Site:	San Onofre
Issue date:	07/01/1999
From:	Cox K External (Affiliation Not Assigned)
To:	NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML20210N976	List: ML20210N972 ML20210N987
References
FOIA-99-80, FOIA-99-A-10 NUDOCS 9908120034
Download: ML20210N987 (1)

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dS MidwestTelevision,inc. 7677 Engineer Road San Diegc [1-8086 FAX /%Q 003 KFMB T1/ CaseNo: ~

ff-/0h Datc Rec'd: '7-/4-9 4 =~

FOIA/PA Appeal Adbn06: 74V>>5 Ju1y 1, 1999 RelatedCase: %7-680 - - -

FOIA/ Privacy Act Officer U.S. Nuclear Regulato n Commission Washington, DC 20555-0001 To Whom It May Concern:

I received your Response to Freedom of Information Act (FOIA) /

Privacy Act (PA) Request, dated June 24, 1999.

Please consider this letter as a formal appeal to your June 24 response. 1

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First, thank you for sending a copy of the March 1992 NRC Inspection Report:

Onofre Nuclear Operational Safeguards Generating Res Station.ponse Evaluation (OSRE) for the San .

l But I did NOT receive the September 1996 OSRE report for the San {

Onofre Nuclear Generating Station.

In my original Dec. 8 1998 FOIA request, I asked for the September j 1996 OSRE report. I bave included a copy of that letter, with your notations on it.

In your June 24 response to me there is no explanation why I did not receive the September 1996 OSR$ report.

"If there is a more recent In my Dec.

OSRE report 8,han t 1998 letter, I1996, September also wrote, please include that as well."

In your June 24 response to me, there is no answer to my request for a more recent OSRE report than September 1996. l Please provide me with the September 1996 OSRE report, and any more l recent OSRE report.

Thank you in advance for your help. If you have any questions, please call me at (619) 495-7560 1 s,

evin Cox e orter '- ' A.[ $ N KF B-TV, News 8 0 ,-

enc. D 9908120034 990810 PDR FOIA COX-99-10A PDR

NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION t* UI ALFA C;EsPoNsE NUMBER f31996)

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RESPONSE TO FREEDOM OF 99-080 1 i

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I E INFORMATION ACT(FOIA)/ PRIVACY RESPONSE k *s..* ACT (PA) REQUEST TYPE REQuES rER DATE ,

Mr. Kevin Cox PART l. -INFORMATION RELEASED i

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

Requested records are available through anobe petilic dfstnbution program. See Comments section.

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

es icts 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.

- '5nclosed is informatjon 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.

y 'APPENotcES" ' ' (

y g Agency records subject to the request are enclosed.

' Records subject 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.

See Comments.

PART l.A - FEES mount

• You will be billed by NRC for the amount listed. g None. Minimum fee threshold not met.

$ You will receive a refund for the amount listed. Fees waived.

8d E PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

y- Certain information in the requested records is being withheld from disclosure pursuant to the exemptions desenbed 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, g ' 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) 3

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swruae.eattoou o* **ogmiion Act Ano Paivpr oerices Carol Ann Reed [ g I

,.-72 m [Z gA

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DATE I NRC FORM 464 P_rt ll U.S. NUCLL # REGULATORY COMMISSION FOIA/PA

, 7ESPONSE TO FREEDOM'OF INFORMATION m p 19%

99-080 ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS i m oscEs Records subject to the request that are descnbed in the enclosed Appendices are being withheld in their entirety or in part under l A 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))

g Exemption 1: The withheld information is property classified pursuant to Executive Order 12958 Exemption 2: Tho withheld information relates solely to the internal personnel rules and procedures of NRC. l l

1 g Exemption 3. The withheld information is specifically exempted from pubhc disclosure by statute indicated Sechons 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U S C j 2161-2165). i y Section 147 of the Atomic Energy Act, whichtrabrbets the disolosure of Unclassified Safeguards Information (42 U S C. 2167).

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

agency and the submitter of the proposal. ]

Exemption 4: The withheld information is a trade secret of commercial or financialinformation that is being withhold for the reason (s) indicated.

The information is considered to be confidential business (proprietary) information.

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The information is considered to be propnetary because it concerns a hcenset,'s or apphcant's physical protection or material control and l accounting program for special nuclear matenal pursuant to 10 C.cR 2.790(d)(1) )

The information was submitted by a foreign source and received in confidence pursuant to 10 CF't 2.790(d)(2). j Exemption 5 The withheld information consists of interagency or intraagency records that are not available through discovery dunng htigation Applicable privileges Dehberative process Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the 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.

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Attorney work-product pnvilege (Documents prepared by an attorney in contemptation of htigation) >

l Attomey-client privilege- (Confidential communications between an attomey and his/her chent) l

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Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy Exemption 7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated ,

(A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g., it would reveal the scope, direction, and l focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of i NRC requirements from investigators) J (C) Disclosure would constitu 2 an unwarranted invasion of personal pnvacy.

(D) The information consists of names of individuals and other information the disdosure of which could reasonably be expected to reveal identitres of confidential sources.

(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could j reasonably be expected to nsk circumventron of the law

. (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual O'THER (Specity)

PART 11.8 - 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 that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any d:nials that may be appealed to the Executive Director for Operations (EDO).

DENEING OFFICIAL TITLE / OFFICE RECORDS DENIED Yc IG Director NRR App, A SamuelJ Collins Appeal must be made in wnting within 30 days of receipt of tNs response. Appeals should be mailed to the FOIA/ Privacy Act Officer.

U.S. Nuclear Regulatory Comrnission, Washington, DC 20555-0001. for action by the appropriate appellate official (s) You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal."

PRINTED ON REcVClEO PAPER Ths form was designed usmg inf orms NRC FORM 464 Part il (6-1998)

Re: FOIA-99-080 APPENDIX A DOCUMENTS BEING RELEASED IN PART c , . . .. ..

NUMBER DATE DESCRIPTIONIEXEMPTION l

1. 4/8/92 Transmittalletter from NRC to SDG&E re: San Oriofre Nuclear Generating Station Units 1,2, and 3, (24 pgs.)- PARTIALLY WITHHELD, EX'S 1 AND 3.

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Midwest Television,inc.* 7677 Engineer Road San Diego, CA 92111 1582 619[5718888 FAX'/569-4203

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KFMB TV F0WPAREQUEST  ;

m 99-020 December 8, 1998 M ROC'd* /#~ ~W Mr. Richard Rosano AdlIWi@ ,

United States Nuclear Regulatory Commission qpggtpfgggn. '~

Mail Stop 0-12-E11 Washington DC, 20555-0001 Mr. Rosano:

Please consider this letter as a formal written request for information purs" ant to the Freedom of Information Act.

I am requesting copies of the Operational Safe uards Res onse Evaluation Se tember of 1996 as well as March of 1992.g I sta re orts of the San Onofre Nuclear Generatin for he visits of t?.se dates are incorrect as the most recent evaluations of rovide the last two OSRE reports. If there is a more thisfacilit"$pleaceShanSeptember1996, recent OSk report please include that as well.

These OSRE reports are mentioned specifically in the NRC Inspection Manual:

Inspection Procedure # 81110 under subsection 03.10, if any clarification needs to be made as to our request.

We would appreciate a response within 10 working days. If this is not possible or if ou decide to deny,this request, please provide us with a written explana lon of your decision.  ;

We would be happy to pay any reasonable copy expense to your department.  !

l If you have any questions please call Thank me at y(ou 619) in advance for your help.

495-7560. )

m M N.

evin Cox eporter i KFMB News 8 i i

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