IA-96-463, Final Response to FOIA Request for Documents.Records Identified in App a Being Withheld in Entirety (Ref FOIA Exemption 7)

Final Response to FOIA Request for Documents.Records Identified in App a Being Withheld in Entirety (Ref FOIA Exemption 7)

ML20135F643
Person / Time
Site:	Braidwood
Issue date:	12/09/1996
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Matthews T MORGAN, LEWIS & BOCKIUS
Shared Package
ML20135F647	List: IA-96-463, Final Response to FOIA Request for Documents.Records Identified in App a Being Withheld in Entirety (Ref FOIA Exemption 7) ML20135F643 ML20135F652
References
FOIA-96-463 NUDOCS 9612130186
Download: ML20135F643 (3)

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l FOIA 46 3 RESPONSE TYPE RESPONSE TO FREEDOM OF x (HNAL l l PARTIAL k,eeeee / INFORMATION ACT (FOIA) REQUEST o^TE i

I h00 E09M i DOCKET NUMBER (S)(/f apphcable)

REQUESTErl Timothy Matthews l PART l.--AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes)

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) 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) are being made available for public inspection and copying at ths 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 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 NRC Local Public Document Room identified in the Comments section.

Enclosed is information on how you may obta n 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.

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 $

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

l in view of N RC's response to this request, no further action is being taken on appeal letter dated , No, i PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cert:In Information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in P:rt 11, B, C, and D. )Aoy(celnamel luott2Msck tRHKdonat*rus40t Miah)cM!x paxt x*thekretard M heIng MiMhMM;aNe)blGd4ptrMeMiEsbis %NkiWiB X X iMasnietson atrie zooximo>trxthesnCrabsiocot>aanieot m eegaa roctxst rp.mus,msesumeon;(oc<oc axf aisex annse tu m minurerr COMMENTS

• The records identified on enclosed Appendix A are responsive to yourI n W *hese records are being withheld in their entirety. '

,f You are not being assessed fees for the processing of your /

request since the minimal fee limit has not been exceeded. This /

completes NRC's action on your request. -

, f; -fy 9612130186 961209

' PDR FOIA PDR

/ MATTHEW 96-463 SIGNAT E, DIR ECTOR th0N OF T EDOM ' INFORMATION AND PUBLICATIONS SERVICES

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RESPONSE TO FREEDOM OF

• INFORMATION ACT (FOIA) REQUEST FOIA 463 (DEC 0 9 E 3 (CONTINUATION) l . PART 11.8- APPUCABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) A 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 regu!ations.

1. The wittt*ld mformation is properly classified pursuant to Executive Order,(Exemption 1)

2. The witthold mformaten relates solefy to the mternal personnel rules and procedures of NRC. (Exemption 2) l l3 The wittheid mformation is specifically exempted from pubiec disclosure by statute indicated. (Exemption 3)

Sections 141 146 of the Atomic Energy Act, which prohibies the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 2161-2165).

I Sect on 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

The mformaton es considered to be confideelial busmess (propnetary) mformation I {The withheld mformaton The mformation as considered to be propnetary mformation pursuant to 10 CFR 2.790 ldh 1)

The mformation was submitted and received m confidence pursuant to 10 CFR 2.790tdH2)

6. The withheld mformation consists of enteragency or mtraagency records that are not availabw through discovery during htigation (Exemption 6). Apphcable Privilege:

Deliberative Process Disclosure of predecisenal mformaton would tend to mhrbst the open and frank enchange of ideas essential to the dehberative process Where records are withheld m their entirety, the f acts are ineatncably intertwined with the predeciseonalinformation There also are no reasonably seJeegable f actual portions because the release of the f acts would permit an mdirect mouery into the predecisional process of the agency Attorney work product privilege IDocuments prepared by an attorney in contemplation of litigation i Attorney-client privilege, (Confidential communications between an attorney and his/her chent.) . . . .

6. The withheld mformation is esempted from public disclosure because its disclosure would resuit in a clearly unwarranted mvasion of personal pnvecy (Exemption 6)

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

Disclosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope, directivn, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements X f,om invesi,gators. lE memption 7 ( A))

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

The mformation Consists of names of individuals and other information the disclosure of which could seasonably be esoected to revealidenteties of confident 6al sources. (Esemption f (D))

OTHLH l

l PART 11. C-DENYING OFFICIALS Pursuant to to CF R 9.25(b) and'or 9 25(cl of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from pro.

ducten or disclosure, and that its production or disclosure is contrary to the pubhc mterest. The persons responsible for the denial are those officials identified below as denymg officials and the Director, Division of Freedom of Information and Pubhcations Services, Office of Administration, for any den.als that may be appealed to the Execur r ie Director for Operations (EDO).

DENylNG OFFICIAL 11TLE/ OFFICE RECORDS DENIED APPELLATE OFFICIAL l

EDO SECRETARY 10 IJames Lieberman Director e OE App. B/1 X A. Bill Beach Regional Administrator, App. B/2 X Hill l

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l PART 11. D- APPEAL RIGHTS The danial by each denymg official identified in Part II.C may be appealed 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 xecutive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Etplatory Commission, Washington, DC 20555. and should clearly state on the envelope and m the letter that it is an " Appeal from an Initial FOl A Decision."

N2C FOf.M 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION

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Re: FOIA-96-463 i

d APPENDIX A DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY l NUMBER DATE DESCRIPTION / EXEMPTION /PAGES i

1. Entire Office of Enforcement File, 1 EX. 7A.

2. Entire Region III Office File, EX. 7A.

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