IA-96-394, Final Response to FOIA Request for Documents.Forwards Apps a & B Documents.Documents Also Available in Pdr.App B Documents Partially Withheld (Ref FOIA Exemptions 3 & 4)
| ML20134G740 | |
| Person / Time | |
|---|---|
| Issue date: | 11/06/1996 |
| From: | Brown N NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Goins J XEROX CORP. |
| Shared Package | |
| ML20134G743 | List: |
| References | |
| FOIA-96-394 NUDOCS 9611130339 | |
| Download: ML20134G740 (4) | |
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^ ' ~~ ~@S,CW3LGAQ R3BULATORY COMMISSION" NRC FOIA REQUEST NUMBERIS) . _ _ l _ . _;
pg)go FORA -
96-394 t RESPONSE TYPE
{ ] RESPONSE TO FREEDOM OF X I FlNAL l l PARTIAL g*****/ INFORMATION ACT (FOIA) REQUEST DATE M06m i DOCxET NuMsERmaww >
REQUESTER {
J. David GOins PART 3.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes) ] l Na agency ree'ords subject to the request have been located.
No additional agency records subject to the request have been located, l i Requested records are available through another public distribution program. See Comments section. l Agency records subject to the request that are identified in Appendix (es) 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) A&B are being made aveilable for public inspection and copying >
X et 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 FOIA nurnber.
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. 6 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 enciosed.
Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.
Fees X (NONE)
You will be billed by the NRC for fees totaling 5 You will receive a refund from the N RC in the amount of 8 .
In view of N RC's response to this request, no further action is being taken on appeal letter dated , No.
l PART II. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE I Certain information in the requested records is being witnhold from public disclosure pursuant to the exemptions described in and for the reasons stated in P:rt 11, B, C, and D. Any rolessed portions of the documents for which only part of the record is being withheld are being made ovellable for public X inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number,
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COMMENTS
- The records identified on enclosed Appendices A and B are
. . responsive;to_your_ request._ A copy of the A,ppendix A record and _ ,
the releasable portions of the Appendix B records are enclosed.
i You are not being assessed fees for the processing of your ]
request since the sinimal fee limit has not been exceeded. This ;
completes NRC's action on your request.
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SIGNA iTO VISION O FREEDOM OF INFORMATION AND PUBLICATIONS SERVICES 9611130339 961106 PDR FOIA 00!NS96-394 PDR __ _
40tC PORM 484 IPart il (191)
FOIA NUtdeEds) DATE RESPONSE T3 FREEDOM CF ' -
INFERMATION ACT (FOIA) REQUEST FEIA 39'4 HV 0 6 M~~
(CONTINUATION),
PART 3.5- APPUCABLE EXEMPTIONS Records subject to the requaet that are described in the enclosed Appendix (est 8 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. SS2(b) and 10 CFR 9.17(e) of NRC regulations.
- 1. The withheld information le properfy closelfied pursuant to Executive Order. (Exemption 1)
- 2. The withheid information relates solely to the intemet personnel rulee and procedures of NRC. (Exemption 2)
X 3. The withheld information is specifically exempted from public disclosure by statute indicated. (Exemption 3)
Sections 141 146 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 2161-2166),
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C.2167).
)( 4. The wrthheld information is e trade secret or commercial or fmancial information that is being withheld for the reason (s) Indicated. (Exemption 4) y The information le considered to be confidential business (propnetary) information.
The information is considered to be propnetary information pursuant to 10 CFR 2.790sdH1).
The informatusn was submitted and received in confidence pursuant to 10 CFR 2.790tdH2).
I 5. The withheld information consists of interagency or intraagency records that are not eveelable through descovery durmg htigation (Exemption 6). Applicable Privilege:
Deliberative Process: Disclosure of predecisional information would tend to inhitut the open and frank exchange of ideas essential to the deliberative process.
l Where records are withheld in their entsrety, the f acts are inextricably intertwined with the predecisional mformation. There also are no reasonably segregable f actual portions because the release of the facts would permat en indirect inquiry into the predecisional process of the agency.
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- 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 withheid informat6on consists of records compiled for law enforcement purposes and is bemg withheld for the reasonis) indicated. (Exemption 7) i Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could reveel the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. (Ememption 7 (A))
Disclosure would constitute en unwarranted invasion of personal privacy. (Exemption 7(C))
The information consists of names of individuals and other information the disclosure of which could reasonably be exoected to revealidentities of
! confidential sources. (Exemption 7 (D))
OTHER #4j Q,h,(,, heCtion 253be subsection (m)(1). A proposal in the l X possession & control of an executive agency may not be made available-to any person under section 5 52 o f PART u. c-DENYING OFFICIALS t i t l e 5, U.S.G. (the PUIA).
Pursuant to 10 CFR 9.25(b) and/or 9.25(c) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from pro. j duction Er disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial are those officials identified below as denying i offtetis and the Director, Division of Freedom of information and Publications Services, Office of Administration, for any denials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL EDO SECRIETARY 10 Edward'Halman Director, DCPM App. B XX- i 1
l PART N. D- APPEAL RIGHTS The denial by each denying official identified in Part li.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writing within 30 days of receipt l
' of th'a response. Appeals must be addresseo, e 6perlate. to the Executive Director for Operations, to the Secretary of the Commission, or to the Inspector General, U.S. Nuclear l Regulatory Commission, Washington, DC 20665, and should claerly state on the om.;ep+ sr.ds' . ths letter that :t is an " Appeal from an initial FOI A Decision."
l l NRC FORM 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION i
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Ret FOIA-96-394 APPENDIX A l
RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER i
l NUMBER DATE DESCRIPTION /PAGES
- 1. 9/25/96 Purchase / Delivery Order, (4 pgs.).
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