ML20149M326

Final Response to FOIA Request for Documents.Records in App a Encl & Being Made Available for Pdr.App B Records Withheld in Part (Ref FOIA Exemption 7)

ML20149M326
Person / Time
Site:	Millstone
Issue date:	12/04/1996
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Bergh N NORTHEAST UTILITIES SERVICE CO.
Shared Package
ML20149M327	List: IA-96-491, Oig Event Inquiry - NRC Failure to Adequately Regulate Millstone 1 - Case 95-77I - 951221 ML20149M326 ML20149M335 ML20149M338 ML20149M345 ML20149M347
References
FOIA-96-491 NUDOCS 9612160176
Download: ML20149M326 (4)

Text

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s/% 5 gd')E 96-491 RE SrONse T yre RESPONSE TO FREEDOM OF X X l FINAL l l PARTIAL INFORMATION ACT (FOIA) REQUEST ^

[(. e..ee g 0 41995 DOCKET NUMBER (S)(If APphcable)

LEOUESTE R Mr. Neil Bergh PART 1.-AGENCY f.ECORDS RELEASED OR NOT LOCATED (See checkedboAes)

No agency records subject to the request have been located.

N3 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 Appendix (es) are already available for public inspection and copying et the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request thet are identif 6ed in Appendix (es) A are being made available for public inspection and copying X at the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA 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 public inspection and copying at the N RC Public Document Room,2120 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 N RC Local Public Document Room identified in the Comments section.

Enclosed is information 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.

X Agency records subject to the request are enclosed.

Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you, y Fees You will be billed by the NRC for fees totating $ 25.40 y

You will receive a refund from the NRC in the amount of $  ;

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 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 i1, B, C, and D. " , _ ..a r e ;.u..; c: ' ; ;;,.- : - ? ; .- .c ;c. , c: :' ' ___J ;R.;- . .C .: . - ; . c..d - . . . . - L R :e.

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X COMMENTS

• The records identified on enclosed Appendices A and B are responsive to your request. Copies of Appendix A records and the releasable portions of Appendix B records are enclosed.

The fee for the processing of your request is noted below: 7

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Duplication - 127 pgs. 0 $0. 22 per pg. = $25.40 You will be billed by HRC's Division of Accounting and Finance T for this amount. This completes NRC's action on your request. .! 1-l l

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+ FOSA NUMSE/dsl DAT E RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 491 g* 04 E (CONTINUATION) l PART 118- APPUCABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (est 0 are being withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations.

1. The withheed anformation es property classifed pursuant to Executive Order. (Exemption 1)

2. The withheld eformation relates no6ely to the mtemet personnel rules and procedures of NRC. 8Ememption 2) l l 3 The wethheld mformaten sa specefically esempted from pubhc disclosure by statute indmatad. (Esemption 3)

Sections 141 145 of the Atomic Energy Act.which prohibits the disclosure of Restricted Data or Formerly Restrmted Data (42 U.S.C. 2161-2165).

$sction 147 of the Atomic Energy Act, whch prohibris the disclosure of Unclassified Safeguards Informaton (42 U.S.C.2167L l l4. The wethheld enformeten es e trade secret or comtnercial or fmancial mformation that is bemg withheld for the reasonist indicated. (Exemption 4)

The enformation es considered to be confidential business (propnetaryl mformaton.

The mformaten as considered to be propnetary mformaten pursuant to 10 CFR 2 790(dHIL The mformation was submitted end recewed m confidence purs .nt to 10 CFR 2 790 ldh 2) l l5. The withheid mtormaten consists of eteragency or miraagency escords that are not availabee through discovery durmo titigsten (Ezemption 5). Appleable Privilege:

Dehheratrve Process Disclosure of predecisenas meurmaton would tend to mhsbet the open and frank enchange of ideas essential to the dehberative process. !

Where socords are withheld m their entirety the f acts are mentricably mtert*med with the predecisional mformation There also are no reasonably segregable f actual portions because the release of the facts would permit an mdirect inquiry mto the predecas.onal process of the agency.

Attorney work product pnvilege (Documents prepared by an attorney m contemplation of htigation i Attorney chent privilege. (Confidential communications between an attorney and his/her chant.)

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8. The withheld oformaton is esempted from pubhc disclosure because its disclosure would result m a clearly unwarranted invasion of personal pnvocy. (Exemption 6)

7. The withheld mformation consists of records compiled f or law enforcement purposes and is being withheld for the reasontsi mdicated (Exemption 7)

Disclosure could reasonably be expected to mterfere with an enforcement proceedmg because it could reveal the scope. detection, 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 mvestigators. (Ememption 7 (A))

Disclosure would constrtute an unwarranted evasion of personal pnvecy. tEmemption 7(Cl)

. The mformation consists of names of individuals and othee infoematon the disclosure of wh*ch cou6d reasonably be esoected to revealidentities of

,._ confidential sources. (Exemption 7 (DI) 1 OTHER l PART 18. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25(b) and or 9 25fc) of the U.S Nuclear Regulatory Commission regulations et has been determined that the information withheld is enempt from pro-i duc lin or disclosuse, and that its production or desc60sure is contrary to the pubhc interest. The persons responsible for the den.al are those officials identified trelow as denymg 1 offlC6cis and the Director. Division of Freedom of information and Pubhcations Services. Office of Admin stration, for any demais that may be appealed to the Executive Duector for Operstens (E D01 DENylNG OFFICIAL TiiLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL l 10 EDO SCCRfiTARY Robert A. Watkins Acting Ass't inspector App. B X  :

General for Investigations l I  :

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I l PART 11. D- APPEAL RIGHTS

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l The demal by each denymg official identified m Part ll.C may be appeated to the Appellate Official identified there. Any such appeal must be made in writmg withm 30 days of receipt of this response. Appeals must be addressed. as appropriate, to the E secutive Director for Operations. to the Secretary of the Commission, or to the Inspector General. U S. Nuclear RIgutctory Commission, Washmgton. DC 20b55 and should clearly state on the envelope and m the letter that it is an " Appeal from an trutial F OI A Decision."

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! NRC FORM 464 (Part 2) (1911 U.S. NUCLEAR REGULATORY COMMISSION

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Ret FOIA-96-491 l

APPENDIE A RECORDS BEING RELEASED IN TEEIR ENTIRETY (If copyrighted identify with *)

MQ1 DATE DES.CRIPTION/(PAGE COUNT) 1 05/31/96 96-02S-NRC Staff Actions to Address Northeast Utilities System (NU) 1991 Self-Assessments (23 pgs) 2 07/23/96 96-05S-NRC Handling of Issues Related to Refueling Operations at Millstone Unit 1 (16 pgs) 3 09/03/96 96-06S-NRC Staff Actions to Address CU-29 Isolation Valve Issue (18 pgs) 4 03/05/96 96-01S-Implementation of Recommendations to Improve NRC's Program for Protecting Allegers l

Against Retaliation 17 pgs) 5 12/21/95 95-77I-NRC Failure to Adequately Regulate-Millstone Unit 1 (28 pgs) l l

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Ret FOIA-96-491 APPENDII B I

RECORDS BEING WITNEELD IN PART l

l EQ,_ DATE DESCRIPTION /IPAGE COUNT)/ EXEMPTIONS 1 03/07/94 92-14H-Mishandling of Rosemount Transmitter Allegations (25 pgs)

Ex. 7C l

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