ML20136B133

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First Partial Response to FOIA Request for Documents. Documents Listed in App a Already Available in Pdr.Forwards App B Documents.App C Documents Being Withheld in Entirety (Ref FOIA Exemption 5)
ML20136B133
Person / Time
Site: Fort Saint Vrain Xcel Energy icon.png
Issue date: 02/28/1997
From: Pugh N
NRC OFFICE OF ADMINISTRATION (ADM)
To: Sauro B
AFFILIATION NOT ASSIGNED
Shared Package
ML20136B139 List:
References
FOIA-96-434 NUDOCS 9703100194
Download: ML20136B133 (5)
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U.S. AUCLEAR REGULMOR ( CGMMIS$10N Ec FotA HEQuEM N BE RIS) p3$

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/,,,,,% FOIA 9'.SI Re SrONSE iveE ,r a[* } RESPONSE TO FREEDOM OF l FINAL Q PARTIAL /"

INFORMATION ACT (FOlA) REQUEST DATE

\e..../ - FEB 2 8199h3 DOCKET NUMBERIS)(//apphcable)

REQUESTE PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked 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 Appendix (es) M 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) N are being made available for public inspection and copying tt the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOI A 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 Pubhc 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 NRC Local Public Document Room identified in the Comments section.

sj 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.

g Agency records subject to the reqcest are enclosed.

R: cords subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

Fees You will be billed by the NRC for fees totakng 5 l

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

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 C@rtain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated I D in Part II, B, 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

[ inspIction and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number,

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COMMENTS The SOGrCh fof' W)d fvVIew W Bd@llonAl IvCOrds 5thject b y0LF request is contrlLE19 Some of the records on Appendu C contain dnWts wtuch are conssdered predecmonal rWormsbon.

The final versions of the drafts have altvedy been made pubiscly available.

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SAURO96-434 PDR_ _ _

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FotA NUMBEAls! DATE RESPONSE TO FREEDOM OF i INFORMATION ACT (FOIA) REQUEST FOIA -gf y 9~ 9 "

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PART ll.B- APPLICA8LE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) 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 N RC regulations.

1. The withheld mformation is property classified pursuant to Executive Order.(Fuemption 1)
2. The withheld information relates solely to the trWmal personnel rules and procedures of NRC. (Exemption 2) l l3 The withheld information is specifically exempted from public disclosure by statute indicated. (Exemption 3) ._

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

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

4. The withheld information se a trade secret or commercial or financial information that is being withheld for the reason (s) indicated. (Exemption 4)

The information is considered to be confidential business loropnetary) mformation The information is considered to be proprietary information pursuant to 10 CFR 2 790tdH11 The mformation was submitted and received m confidence pursuant to 10 CFR 2 790ld)(21

6. The withheld mformation consists of mteragency or intraagency records that are not available through discovery during litigation (Exemption 6). Applicable Privilege:

Deliberative Process Disclosure of predecisional enformation would tend to inhibit the open and frank enchange of ideas essential to the deliberative process Where records are withheld in their entirety, the facts are mentricably intertwmed with the predecisionalinformation There also are no reasonably segregable f actual portions because the release of the f acts would permit an indirect inquiry into the predecisional process of the agency Attorney work product privilege (Documents prepared by an attorney in contemplation of l4tigation i i

Attorney client privilege. (Confidential communications between an attorney and his/her client.)

6. The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy (Exemption 6)
7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reasontsi indicated (Exemption 7) i Disclosure could reasonably be expected to mterfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of I enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from mvestigators. (Exemption 7 ( A))

Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(C))

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The mformation consists of names of sndividuals and other ir. formation the distlosure of which could reasonably be enoected to reveal identities of confidential sources. (Exemption 7 (D))

OTHLH PART 11. C-DENYING OFFICIALS l

Pursuant to 10 CF R 9 25tbl and'or 9 25tc) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from pro-duction or disclosure, and that its production or disclosure is contrary to the pubbe interest. The persons responsible for the denial are those officials identified below as denymg of facials and the Director. D. vision of Freedom of information and Pubhcat,ons Services. Off,ce of Aaministration, for any denials that may be appealed to the E mecutive Director for Operations IEDOl.

TITLE /OF FICE RECORDS DENIED APPELLATE OFFICIAL l DENYING OFFICIAL

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l PART 16. D- APPEAL RfGHTS _

l The d;nial by each denying official identified in F art II,C may be appealed to the Appellate Official identified there. Any such appeal must be made in writmg within 30 days of re of this response. Appeals must be addressed. as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nu R gulatory Commission. Wasnmoton. DC 20655. and should clearly state on the envelope end in the letter that it is an "Appeaf from an initial FOI A Decision."

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

b Re: FOIA-960434 APPENDlX A RECORDS ALREADY AVAILABLE IN THE PDR ACCESSION NQ, DATE . NUMBER DESCRIPTIONRPAGE COUNT)

1. 08/08/95 9508150059 Letter from NRC to Scientific Ecology Group (SEG) regarding arrangements for pre-decisional enforcement conference (PEC) (5 pages)

- 2. 08/08/95 9508150061 Letter from NRC to Public Service Company of Colorado (PSC) on PEC arrangements (6 pages)

3. 09/01/95 9509070140 Letter from NRC to PSC summarizing PEC, with enclosed presentational material (46 pages)
4. 10/30/95 9511030052 Letter from NRC to SEG enclosing NOV (7 pages)
5. 10/30/95 9511030040 Letter from NRC to PSC enclosing NOV (7 Pages)
6. 10/30/95 9511030078 letter from NRC to Zahrt enclosing NOV (4 Pages) l 1

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a Re: FOIA-96-434 APPENDlX B j RECORDS BEING RELEASED IN THEIR ENTIRETY M DATE DESCRIPTION /f PAGE COURI) ,

1. Undated Handwritten notes reviewing the December 1994 SAM report (1 page) i
2. 05/30/95 OE Tasking Form enclosing memorandum from Williamson to Callan regarding Ol Report 4-94-010 and including report synopsis (3 pages) l 3. 06/05/95 EA number request form for EA 95-110 (1 page) l l
4. 06/20/95 Memorandum from Gray to Callan et al regarding enforcement action  !

j related to 01 Report 4-94-010 (2 pages)

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5. 08/07/95 EA number request form for EA 95-164 (1 pages)
6. 08/21/95 OE Tasking Form enclosing memorandum from Williamson to Callan regarding 01 Report 4-95-015 (3 pages) l 7. 08/29/95 EA number request form for EA 95-185 (1 pages)
8. 08/29/95 Predecisional enforcement conf. attendance sheets (2 pages)

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9. 08/31/95 Series of e-mails from Mamish, Sanbom, and Jones regarding the need for a 3-week meeting on di Report 4-95-015 (4 pages)  ;

' 10. 09/07/95 Memorandum from Gray to Callan et al regarding enforcement action ,

related to 01 Report 4-95-015 (2 pages) i

11. 11/17/95 Note from Sanborn to Multiple Addressees regarding Zahrt's NOV e response; encloses Zahrt's NOV response (3 pages)
12. 11/29/95 Letter from SEG to NRC replying to NOV (9 pages)
13. 11/29/95 Letter from PSC to NRC replying to NOV (10 pages)
14. 03/04/96 Handwritten note on Zahrt/ Sawyer enforcement actions (1 pages)
15. 04/02/96 Letter from NRC to SEG enclosing revised NOV (5 pages)
16. 04/02/96 Letter from NRC to PSC enclosing revised NOV (5 pages)
17. 04/02/96 Letter from NRC to Zahrt withdrawing NOV (3 pages)

i e Re: FOIA-96-434 APPENDIX C RECORDS BEING WITHHELD IN THEIR ENTIRETY l

NQ DATE DESCRIPTION /IPAGE COUNT)/ EXEMPTIONS

1. 09/22/95 Memorandum from L. Callan to J. Lieberman,

Subject:

Recommended Enforcement Actions, with enclosed draft notice of violations, cover l letters, letters of reprimand, and cover sheet (49 pages) EX. 5

2. 10/31/95 E-mail from G. Sanborn to L. Callan, et al.,

Subject:

PSC/SEG actions (1 I page) EX. 5 1

3. 01/30/96 Memorandum from V. Everett to B. Spitzberg,

Subject:

Review of the NOVs, with handwritten comments (10 pages) EX. 5

4. 02/08/96 E-mail from G. Sanborn to R. Rosano,

Subject:

NOV response (1 page) q EX.5

5. 03/27/96 Memorandum from L. Cal lan to J. Lieberman,

Subject:

Recommended j Revisions to Previously issued NOVs with draft notice of violatins, cover letters, and cover sheet (22 pages) EX. 5

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