ML20210N177

Second Partial Response to FOIA Request for Records.Forwards Document Listed in App D & E.App D & E Documents Withheld (Ref FOIA Exemption 5 & 6)

ML20210N177
Person / Time
Site:	Dresden, Byron, Braidwood, Quad Cities, Zion, LaSalle
Issue date:	08/20/1997
From:	NRC
To:	Paradis P POMERANTZ, LEVY, HAUDEK, BLOCK & GROSSMAN
Shared Package
ML20210N181	List: ML20210N177 ML20210N268 ML20210N295 ML20210N338 ML20210N376 ML20210N427
References
FOIA-97-178 NUDOCS 9708250103
Download: ML20210N177 (5)

Text

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]( RESPONSE T YPE

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_j k\ RESPONSE TO FREEDOM OF I nNat F l e*Riiat 2nd g INFORMATION ACT (FOIA) REQUEST o^'t n.n ,,

e...e eu , ,s ,n DOLil E 1 NUMBE Rl$1 lif apphCnbie}

RE QUES t E R Paul 0. Paradis PART 1.-AGENCY RECORDS RELE ASED OR NOT LOCATED (See checaedimes)

No agency records subject to the request base been located.

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

Requested records are available through another pubhc distribution program. See Comments section, Agency records subject to the request that are identified in Append,afes) are already available for pubhc inspectio : aix! copying at the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendin(es) are being made available for pubhc 'nspection and copying at the NRC Pubhc Document Room 2120 L Street, N W., Washington, DC,in a folder under this FOIA number.

i 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 bein0 made available j for pubhc inspection and copying at the NRC Pubhc Document Room,2120 L Street, N W., Washington, DC, m a folder under this FOIA number.

Agency records subject to the request that are identified in Appendules) may be inspected and copied at the NRC Local Pubhc Document Room identified in the Comments section, Enclosed is mformation on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request are enclosed'

)( Releasable portions of App. D & E are enclosed.

Records subject to the request have been referred to another Federal agencyhes) for review and direct response to you, Fees You will be billed by the N RC for fees totahng $

You will receive a refund from the NRC m the amount of 5 in view of NRC's response to this request, no further action is being taken on appeal letter dated . No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE y Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part II, B, C, and D. Any released portions of tha documents for which only part of the record is being withheld are being made available for public inspsetion and copying in the NRC Public Document Room,2120 L Street, N W., Washington, DC in a folder under this FOI A number.

COMME NTS The review of records subject to your request is continuing. We will contact you upon completion of the review.

D\ fL[tl ki.lill.l!il.lll:l!!ll.!lllill

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SIGNATURE, DIRECTOR, DivlSION OF F REEDOM OF INFORMATION AND PUBLICATIONS SERvlCES e ,

I 9708250103 970820 4

PDR FOIA ,

PARADIS97-178 _

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FoiA NUMes Risi Dats RESPONSE TO FREEDOM OF INFORMATION ACT(FOIA) REQUEST- FOIA i78 Id2 i c >

.o ., ICONTINUATION) 1 PART N B- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendin(est D & E are beine withheid in their entirety or in part under the I Exemption No.(s) and for the reason (s) given_ below pursuant to 5 U l1; The withheid enformaten is property ctessifed pursuant to Enocuthre Order. (Ememption 1)

2. The withheid mformattun relates solely to the entemal personnel rules and procedures of NRC. (Enempton 2)

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[_ l3i The withheld informaten is specifically esempted from public disclosure by statute truticated. (Enemption 3) 4

Sections 141145 of the Atomic Energy Act, which prohibits the 6sclosure of Restricted Date or Formerly Restricted Data (42 UAC. 21612165),

Section 147 of the Atom < Energy Act, wnich prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).

l {4. The withheid informaten se a trade secret ce commercial or fmancial mformation that is bemg wittdeed for the reason (s) indicated. (Enemption 4)

The enformaten sa considered to be confidentiel busmess (propretaryl mformaten l

- , The mformation is considered to be proprietary mformation pursuant to 10 CFR 2.790tdHt)

The mformaten was submetied and received m confidence pursuant to 10 CFR 2 7904dH2l a ehe withheid eformaten consists of eteragenc, ce miraagency recceds that are not evadable through discovery durne litigaten (Ememption 5), Applicable Privilege:

Dehberative Process; Disclosure of p'r edecissor'iai nformation in oUd ' tend t'o 'mbtut'the open arid tr'ank enchange of ideas essential to the dehberative process Q Where recoeds are withheid m their entirety, the f acts ares inestncably sntertweed with the predecisionalinformanon There also are no reasonably se,pregable f actual portions because the release of the f acts would permit an mdirect mouiry mto the predocisional process of the agencv Attorney woek product pnvilege (Documents peepared by an attorney m contemplanon of Otigateon i Attomey.clent privilege. (Confidential communications between en attomey and his/her cient.)

6: The withheld iriformaten is esempted from public disclosure because its disclosure wou)d resurt m a clearly unwarteted meas 4on of personal peevacy (Exemption 61

7. The withheld mformation consists of records compiled for law enforcement purposes end is bemg withheid for the reasontal mdicated (Ememption 7)

Disclosure could reasonably to expected to mterfere with an enforcement proceed og because it could reveal the scope, doection. and focus of M enforcement offorts. and thus could possibly allow recipients to take action to shie>d parencal wrongttome or a violat on of NRC requirements from investigators. (Enemption 7 (All m Disclosure would constitute an unwarranted musion of personar privacy. (Eutmption 7(C)) i I

The miormation consists of names of inoividuais and other mformation it+e disciosure of which rovid reasonabi, be enoected to reveal identities of confidentral sources. (Emempson 7 (Dil OTHtH l PART 14. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25M and'or 9 25(c) of the U S. Nuclear Regulatory Commwon tegulations, a has been determmed that the informetion withheid is exempt from pro.

duction or disclosure, and that its product on or disclosure is contrary to the pubhc ' m terest. The persons responsible for the denial are those officiais identified below as denveg officinis and the Director, Division of Freedom of Informat:on and Pubhcations Services. Office of Adm:n.itration, for any demais that may be appea:ed to the Executive Director for Oostations (EDOI.

'l . DENYLNG OFFICnAL TifLEiOFFICE RECORDS DENIED APPELLATE OrFICIAL Assistart Secretary of the So "" 'S lAnnetteVietti-Cook rnmmi t t_ i_ nn.

Ann _ D & E XX I

I I

I l- PART 11. D- APPEAL RIGHTS The denial by each denying official 6dentified in Part ll.C may be appealed to ttie Appellate Official identified there Any such appeal must be made m writmg within 30t%ys of receist of this resDonse, Appeals must be addressed, as appropriate, to the Esecutive Director for Operations, to the Secretary of the Commission, or to the Inspector General. U S. Nuclear Eeylatory Commission, Washington, DC 20555 and should clearly state on the envelope and m the letter that t is an " Appeal from an Initial FOI A Decision."

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

r Re: FOIA-97-178 APPENDIX D RECORDS BEING_. WITHHELD IN PART'

- & -DATE ESCRIPT{0N/(PAGE COUNT)/ELXEMPTIONS 1.- Undat7d Suggested Questions to be Asked of the -

Utility Management, with handwritten notes.

(5 pages) EX. 5

2. 11/13/95- Note to Chairman Shirley Jackson from. Michael-L Tschilt , subject; Chairman Briefing by l Commonwealth Edison, Thursday, November 16, i 1995. (3-pages) EX. 5

3. 5/1/96 Note to Chairman Jackson from Brian Bonser, subject;' Pre-briefing for May 13th-Commission meeting with Comed. (2 pages) EX. 5

4. 5/13/96 S) ides: Comed Senior Management Briefing of NRC, with handwritten. notes. (53 pages) EX. J 5 '

5. Undated Closing remarks of Chairman Jackson for Commission briefing by Comed, with handwritten 1 notes. (2 pages) EX. 5

6. Undated Closing comments of Chairman Jackson for Commission briefing by Comed, with handwritten notes. (2 pages) EX. 5

7. 5/13/96 Handwritten notes of Brian-Bo:1ser. (4 pages)

EX. 5

8. 5/14/96 Memorandum.to files for Brian Bonser, subject; Courtesy Visit-Comed. (2 pages)

'EX. 5 9.- 8/12/96- Note to Chairman Jackson from Christopher Miller, subject August-13 Drop-In Visit of Comed ~ executives. (3 pages) EX. 5

10. 12/2/96 Note to Chairman Jackson from Brian Holian, subject; December 3, 1996 Drop-In Visit of Comed. -(4.pages) EX. 5

11. Undated Meeting with James O' Connor,- Chairman and CEO, and Michael Wallace, Senior Vice President Chief Nuclear Officer, UNICOM/ comed. (6 pages) EX. 5

12. Undated Meet ing with James O' Connor, Chairman and CEO, and Mike Wallace, Senior Vice President Chief Nuclear Officer, UNICOM/ Comed, subject; update to briefing package based on EDO's visit to Braidwood and Dresden on October 4 / 5, with handwritten notes. (1-page) EX. 5 i

Ret FOIA-97-178 APPENDIX E DOCUMENT BEING RELEASED IN PART NUMBER- DATE DESCRIPTION 1.- 5/9/95 Biography of Chairman and Chief Executive-Officer of Unicom Corporation, and Chairman and Chief Executive Officer of its subsidiary Commonwealth Edison Company. (3 pages) EX.

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