IA-96-476, Final Response to FOIA Request from Project on Government Oversight for Documents Listed in App A.Reasons for Denial of Fee Waiver Request Encl
| ML20133B276 | |
| Person / Time | |
|---|---|
| Issue date: | 12/26/1996 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Amey S AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20133B281 | List: |
| References | |
| FOIA-96-476 NUDOCS 9701030065 | |
| Download: ML20133B276 (4) | |
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U.S. NUCLEAR REGULATORY COMMISSION NHC FOIA REQUEST NUMBER (S)
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.] QD , ; RESPONSE TO FREEDOM OF x l FINAL RESeONSE TveE l l PARTIAL
,INFORMATION ACT (FOIA) REQUEST oATE
(..ee./ E 2 61996 DOCKE I NUMBE R(S) f/f apphcable) mEOUESTE R Mr. Scott Amey PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes)
N3 agency records subject to the request have been located.
N 3 additional agency records subject to the request have been located.
Requestod records are available through another public distribution program. See Comments section.
Agency records subject to the request that are identified in Appendixies) 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 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 FOI A number.
The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staf f 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.
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.
y 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 $
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 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 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 inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOl A number, COMMENTS Your request for a waiver of fees is not granted for the reasons stated on the attached page. However, because we believe there may be'public interest in the subject matter of your request and the records responsive to it, we are placing a copy of the records that are responsive to your request in the NRC's Public Document Room where they will be available to the public.
And, since HRC staff processed your request before you had agreed to pay fees, we have determined that it would be inappropriate to charge you for the actual search time spent to compile the l records you requested. Therefore, since you are allowed to l receive up to 100 pages at no charge, we are providing you a l complete copy of all of the information compiled in response to your request without charge. The responsive records are D l
'[A identified on enclosed Appendix A.
$1 N ATUR E, DIR ECT DIVISi0 F F RE OF INFORMATION AND PUBLICATIONS SERVICES
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FotA NUMeERIS) DATE RESPONSE TO FREEDOM OF i INFORMA. TION ACT (FOIA) REOUEST FOIA 96-476 i (CONTINUATION)
DEC 2 61E f
l PART 11.8- APPUCABLE 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 NRC regulations.
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- 1. The withheld information is property classified pursuant to Executive Order. (Exemption 1) a l l
- 2. The withheld enformation relates solely to the internal personnel rules and procedures of NRC. (Exemption 2) l l3. The withheld information is specifically exempted from pubhc disclosure by statute indicated. (Exemption 3)
Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Rest.ited Data or Formerly Restricted Data (42 U.S.C. 21612165).
a Section 147 of the Atoinic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
- 4. The withheld information as a trade secret or commercial or imancial mformation that is being withheld for the reason (s) indicated. (Ext .iption 4)
The information is considered to be confidential business loropnetary) information.
The information es consadored to be proprietary mformation pursuant to 10 CFR 2.790ldill).
The mformation was submitted and received m confidence pursuant to 10 CFR 2.790 ldh 2l
- 5. Tu withheld mformation consists of interagency or mtraagency records that are not availabie through discovery during htegation (Exemption 5). Applicable Privilege:
Deliberateve Process. Disclosure of predecisional mformation would tend to mhebit the open and frank enchange of ideas essential to the deliberative process Where records are withheld in their entirety. the f acts are mentricably mtertwaned with the predecisional mformation. There also are no reasonably segregable f actual portions because the release of the f& cts would permet an indirect inquary mto the predecisional process of the agency.
Attomey work product privilege (Documents prepared bv an attorney m contemplation of letegation 1 Attorney-client privilege. (Confidential communications between an attorrwy and his/her client.)
- 6. The withheld mformation is exempted from public disclosure because its disclosure would result m a clearly unwarranted envasion of personal privacy (Exemption 6) 7, The withheld information consists of records compiled for law enforcement purposes and is bemg withheld for the reasonis) mdicated (Exemption 7)
Disclosure could reasonably be expected to interfere 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 i from investiostors. (Exemption 7 (A))
Disclosure would constitute en unwarranted mvasion of personal privacy. (Exemption 7(C))
The information consists of names of mdeviduals and other information the disclosure of which could reasonably be expected to revealidentities of confidential sources. (E xemption 7 (D))
OTHER X
Fee Waiver Denial (% gycg, cJ PART W. C-DENYING OFFICIALS 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.
duction or disclosure, and that its production or d>sclosure is contrary to the pubhc mterest. The persons responsible for the denial are those officials ident:f ed below as deny ng officuls and the Director, Division of Freedom of Information and Pubhcations Services. Office of Admmistration, for any denials that may be appested to the Executive Director for Operations (EDOL DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL EDO SECAETARY 1G Carlton C. Kammerer Director. Division of Fee Waiver X Freedom of Information
& Publications Services ADM s I
I PART ll. D- APPEAL RIGHTS The d:nial by each e inymg official identitied in Pad ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writing vuthm 30 days of receipt of this response, Apt sais must be addre%ed. as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, or to the Inspector General, U.S. Nuclear Regulatory Commission, Washmgton DC 20655, and should clearly state on the envelope and in the letter that it is an " Appeal from an initial FOI A Decision /'
NRC FORM 464 (Port 2) (191) U.S. NUCLEAR REGULATORY COMMISSION
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Reasons for denial of fee waiver rejuest - FOIA 96-476 It is unclear how the information requested will be likely to make any significant new contributions to the public's understanding of government operations and activities.
Many, if not all, of the trips about which you have requested information were publicly announced at the time of their occurrence, and some included press conferences during the trip.
Your request has not specifically shown that you have the ability to disseminate the information to the public. The mere intent to disseminate it to the news media or other organizations which may or may not choose to disseminate it further does not constitute a specific showing of the ability to ensure that the information will receive wide public dissemination that will contribute to the public's understanding.
The denial of your fee waiver request may be appealed to the Executive Director for Operations within 30 days of the receipt of this letter. Any such appeal must be in writing, addressed to the Executive Director tar Operations, U. S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state that it is an " Appeal to an Initial Fee Waiver Denial."
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Re FOIA-96-476 i
2 APPENDIX A i I
- RECORDS NAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER .
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NUMBER DATE DESCRIPTION /PAGES
- 1. Chairman Jackson's FY 1996 Travel, 4 (5 pgs.).*
1 2. Commissioner Diaz FY 1996 Travel, ,
- (1 pg.).*
> 3. Commissioner Dieus FY 1996 Travel, (2 pgs.) *
- 4. Commissioner Rogers FY 1996 Travel, (2 pgs.).*
- 5. Commission 1995 Foreign Travel, (5 pgs.).*
- 6. Commission 1995 Domestic Travel, (8 pgs.).*
- NOTE: All of these trips were paid with NRC funds and were not financed by outside individuals or groups. Additionally, no speaking fees or other compensation was received in connection with these trips.
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