ML20148C356

Thirty-fifth Partial Response to FOIA Request for Documents. Forwards Documents Listed in App Rrr Being Made Available in Pdr.App SSS Records Being Withheld in Part (Ref FOIA Exemption 6)

ML20148C356
Person / Time
Site:	Salem, Saint Lucie, Turkey Point, Crystal River
Issue date:	05/12/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Binder N DEBEVOISE & PLIMPTON
Shared Package
ML20141C820	List: ML20141C813 ML20148C356 ML20148C362 ML20148C368 ML20148C375 ML20148C381 ML20148C388 ML20148C398 ML20148C405 ML20148C411
References
FOIA-96-485 NUDOCS 9705190093
Download: ML20148C356 (4)

Text

U.S. NUCLEAR REGULATORY COMMISSION NHC FOIA 6EQUEST NUMBE,dS) h(

FOIA 96-485 s

RESPONSE TYPE g

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RESPONSE TO FREEDOM OF l FINAL l )(l PARTIAL (35th)

INFORMATION ACT (FOIA) REQUEST s

Date

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MAY l 2133L ec DOCKET NUMBE R(S)(/f apphcablef REQUESTE R Neil S. Binder PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checAed boxes /

NJ agency records subject to the request have been located.

N 3 additional agency records subject to the request have been located.

Requested records are available through another public distribution program. See Comments section.

Acency records subject to the request the are identified in Append,x(es) are already available for public inspection and copying at the NRC Pd,iic Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix (es)

RRR are being made avdlable for public inspection and copying

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C 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 NRC 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 Appendixt-may be inspected and copied at the NRC Local Public Document Rr om identified in the Comments section.

Er$ closed is information on how you may obtain access to and the charges for copying records lucated at the NRC Pu' lic Document Room,2120 L Street, b

N.W., Washington, DC.

'5 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 respunse to you.

Fees You will be billed by the NRC for fees totaling $

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

, N o.

PART ll. A-lNFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requpted records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in P;rt 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 puulic

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inspection and copying in the NRC Public Document Room,2120 L Street, N W., Washington, DC in a folder under this FOl A number, COMME NTS

• Copies of the records identified on Appendix RRR and the releasabib portions of the records identified on Appendix SSS are enclosed.

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RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FO88 485 1 2 1997 (CONTINUATION) l l

l PART ll.B-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es)

S S S _are being withheld in their entirety or in part under the Exernption 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 properly classified pursuant to Executive Order. (Exemption 1)

2. The withheld mformation relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2) l l 3. The withheld information is specafically exempted from pubhc disclosure by statute indicateo. (Exemption 3)

Sections 141145 of the Atomic Energy Act. which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 21512165).

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

l l4. The withheld mformation is a trade secret or commercial or financial inforrr ation that is bemg withheld for the reasonis) indicated. (Exemption 4)

The enformation is considered to be confidential business (proprietary) information I

i The mformation es considered to be propnetary information pursuant to 10 CFR 2 790ldill)

The mformation was submitted and received in c>nfidence pursuant to 10 CFR 2 790(dH2) l l

l5. he withheld mformation consists o' interagency or mtraagency records that 4 e not availame mrough discov erv during htigatior (Cxemption 5). Apphcab!e Privilege:

I Deliberative Process Disclosure of predeciseonal information would tend to enhibit the open and frank etichange of ideas essential to the delit;erative piocess Where records are withheld in their entirety the f acts are inestricably mtertwened with the predecisionalinformation There also are no reasonably se,yegable f actual j

portions because the release of the f acts would permit an mdirect inquiry into the predecisional piecess of the agency Attorney work product privelege IDocuments prepared by an attomev en contemplanor of litq;ation I l

Attorney-chent pnvilege. (Confidential communications between an attorney and his'her chent.)

I l6. The withheld information 's enempted from pubhc disclosure because its disclosure would result m

• neady unwarranted mvasion of personal privacy (Exemption 6)

7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reasonis) indicated (Exemption 7)

Disclosure could reasonably be expected to mterfere with an enforcement proceedag because it could reveal the scope, direction, and focus of f

I' enforcement efforts, and thus could possibly allow recipients to take action to shield potential wronglomg or a violation of NRC requirements l

from investigators. (E memption 7 ( A))

Disclosure would const tute an unwarranted er sas.on of personai privacy. (Exemption 7lC))

i The information consets of names of individuais and other information the d$ closure of which codd reasonabiv t>e enoected to revealidentities of 2

confidential sources. (Exemption 7 (D))

OT H E.R PART 11. C-DENYING OFFICIALS eursuant to 10 CF R 9 25tbl ar. 'or 9 25tc) of the U S. Nuclear Regulatory Comm4sion regu'at.ons. it has been deterrmned that the mformabon wethheid is exempt from pro duction or disclosure, and that its production or d.sclosure is contrary to the pubhc interest. The persons responsible for the demal are those officiais identif.ed below as denying officials and the Director, Division of Freedom of information and Pubhcations Services. Office of Admin.stration, for any denia4 that may be appealed to the Executive Director for Oparations (EDOI.

DENYlNG OFFICIAL TIRE /OF FICE RECORDS OtNIED APPELLATE OFFICIAL Regional Ad.ainistrator Luis A. Rnes SSS-1, SSS 3-12 X

971 Regional Allministrator l

Hubert J. Miller RI SSS-2 x

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PART 11. D-APPEAL RIGHTS f

i The d mial by each denying official identified in Part ll.C may be appesled to the Appellate Official identified there. Any such appeal must be made in writmg withm 30 days of receipt of this response. Appests must be addressed, as appropriate to the Exet.utive Director for Operations. to the Secretary of the Commiscon or to the inspector General. U S. Nuclear i

I Roulatory Commission. Washmgton. DC 20555, and should clearly state on the envelope and m the letter that it is an Appeal from an initial FOI A Decis.on."

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U.S. NUCLEAR REGULATORY COMMISSION NLC FERM 464 (Part 2) (1-91)

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FOIA-96-485 APPENDIX RRR RECORDS BEING RELEASED IN THEIR ENTIRETY NO. - DATE DESCRIPTION /(PAGE COUNT) 1.

11/3/95 E-Mail from J Lieberman to B Uryc,

Subject:

St.

Lucie (1 page) 2.

-1/16/96 E-Mail from L Watson to J Dockery,

Subject:

Phipps DOL Case (1 page) 3.

6/3/96 E-Mail from C Evans to J Dockery,

Subject:

Phipps (1 page) l e

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FOIA-96-485 APPENDIX SSS RECORDS BEING WITHHELD IN PART i

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NO.

DATE DESCRIPTION / (PAGE COUNT) / EXEMPTIONS l

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i 1.

6/23/93 Scenario Roster Call Detail Duty Roster (6 pages)

EX. 6 2.

3/3/94 Memorandum for A Ignatonis f rom D Vito,

Subject:

Referral of Allegation RI-94-A-0022, Questionable Fitness.for Duty of a Health Physics Technician (4 pages) EX. 6 3.

3/2/95 Allegation Report (4 pages) EX. 6 4.

4/11/95 To Region 2 from Gary Phipps, Subject : Florida Power

& Light Managements Punitive Action for Safety Concerns (6 pages) EX. 6 5.

6/20/96 Florida Power & Light Radiation Exposure Monitoring

& Access Control System - REMACS, Exposure Summary Report ()6 pages) EX. 6 6.

6/20/96 Deep Dos Exposure Report (51 pages) EX. 6 t

7.

8/19/96 Letter to Gary Phipps from Oscar DeMiranda (1 page) l EX. 6 8.

10/1/96 Duty Call Supervisor Notebook (173 pages) EX. 6 9.

10/9/96 Scenario Roster Listing Duty Roster (11 pages)

EX. 6 10.

10/21/96 E-Mail from J Kreh to J Ennis,

Subject:

Your St.

Lucie AR (3 pages) EX. 6 11.

10/24/96 Senior Management Meeting St. Lucie Nuclear Plant Briefing Materials (187 pages) EX. 6 12.

12/4/96 Florida Power & Light Radiation Exposure Monitoring

& Access Control System - REMACS (61 pages) EX. 6 i

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DEBEVOIDE & PLIMPTON 875 THIRD AVENUE 555137H STREET. N W 21 AVENUE GEORGE V 1 CREED COURT. 5 LUOGATE HILL NEW YORK, NY 10022 Tg$" phone $2I3N00 TELEPHON 3

733212 TELE 7

077L (2}2) g TELECOPIER (202) 383-8118 TELECOPiER (33-1) 47 20 50 82 TELECOPtER 144171) 329 0860 13# ENTERT A4NMENT BUILDING 30 QUEEffS ROAD CENTRAL 1065 BUDAPEST HONG KONG R$VAY KdZ 2 m 12 TELECoPIER: (212) 909 6836 TELEPHONE (852) 2810 7918 TELEPHONE (36-D 131084b j

TELECOPIER (852) 2810 9828 TELECOPIER (361) 132 7995 l

November 14, 1996 P^.94 REQUEST Russell Powell Chief of the FOIA/LPDR C.aw No-J4-486 Nuc1 ear Regulatory Commission Date %'d

// -/f-9 i Mail Stop T6D8 gg*

gg Washington, D.C. 20555-0001 UdU L

.r.mme

Dear Mr. Powell:

This is a request under the Freedom of Information Act, 5 U.S.C. S 552.

I request that a copy of all records and other documents that fit the following description be j

sent to me:

1) All records or other documents from January 1, 1993 to the present that are not currently in the public documents room and that relate to Florida Power and Light's St. Lucie Nuclear Power Plant (Unit 1 and/or Unit 2).

2) The number of inspection hours (by quarter) devoted by the NRC to all licensed nuclear plants in region 2 since January 1, 1993.

is order to help determine my status for the purpose oi. essessing any fees, you should be advised that I represent a company, and I am seeking information for use related to the company's business.

Please advise me of any fees associated with l

processing this request.

l Sincerely, l

,,,1 Neil S. Binder i

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t 20280632.01

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