IA-97-394, Final Response to FOIA Request for Documents.Records in App a Withheld in Entirety (Ref FOIA Exemption 7)

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

ML20198N063
Person / Time
Site:	Maine Yankee
Issue date:	10/27/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Barry D PIERCE, ATWOOD, SCRIBNER, ALLEN, SMITH & LANCASTER
Shared Package
ML20198N066	List: IA-97-394, Final Response to FOIA Request for Documents.Records in App a Withheld in Entirety (Ref FOIA Exemption 7) ML20198N063 ML20198N077
References
FOIA-97-394 NUDOCS 9710310207
Download: ML20198N063 (3)

Text

, U.S. NUCLEAH HLGULATOHY COMW145biUN NRL 6 OiA kloutbi NoMBL #4Si ej J $ FOIA Ef

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• RESPONSE TO FREEDOM CF din ^t ReseoNst Tm i I PARTIAL g / INFORMATION ACT (FOIA) REQUEST Toit N.eeee # OGT 2 71937 00CKEi NUMBE Al56 (If apptecabiel RE QUEST L R

• V / /PMM PART 1,-AGENCY RECQ(DS RELEASED OR NOT :.OCATED (See checAed boxest No agency records subject to the request have been located.

No additional agency records subject to the request have been located.

Hrquested records are available through another pubhc distribution program. See Comments section.

Agency re:ords subject to the request that are kjentified in Append;xtes) are atri.ady 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 Appendim( ss) are being made available f

• public inspection and copying at the NRC Public Docsment 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 membe; of fly staf f is now being made available for public inspection tr.d copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a foldet under this FOI A number.

Agency records subject to the request that are identified in Appendia(es) may be inspected and copied at the NRC Local Pubhc Document Room identified in the Comments section.

E nclosed as mformation on how you may obtam access to and the charges for copying records located at the NRC Public Document Hoom 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.

Fses

, You will be billed by the NRC for fees totahng $

f 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 bemq taken on appeal letter dated , No.

PART If. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Csrtain Information in the requested records is being withheld f rom public disclosure pursuant *o the exemptions described in and for the reasons stated in p art 11. B, C, and D Ant released portions of tu documents for which only part of the record is being withheld are being made available for public X- insp1ction and copying in the NRC Pubhc Document ' oom 2120 L Street, h.W., Washington DC in a folder under this FOtA number, COMMENTS

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g t - rec y0 %- , m b &n .r _ A1, _ o _ _ s _ s llll111ElllElllllllli 9710310207 971027 PDR FOIA EsARRY97-394 PDR u

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e FOIA NUMetfitst DATL o RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA ;7 Q p' g 77 g

. e (C2NTINUATl!N) l PART 118- APPUCACLE EXEMPTIONS _

Records subject to the request that are described in the enclosed Appendix (es) ure being withheld in their entirety or in part under the E:ernption 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 pursuarit to Enocutive Order,(Exemption 1)

2. The withheld mformation relatos solety to the mternal personnel rules esi procedures of NRC. (Exemption 2) 3 The withheld m,-Nn is specificaily esempted from pubhc disclosure by statute indicated. (Exemption 3)

Sections 141445 of the Atomic Energy Act, which prohibert the disclosure of Restricted Data or Formerly Restncted Data (42 ts.S C. 2 f 612165L Section 147 of the Atomic Energy Act,which prohibits tt 9 disclosure of Unclassified Safeguards information (42 U.S C. 2167L

4. The w ' ithheld mformation is a trade secret or commercial or financial mformation that is being withheld for the reasonis) indicated. (Ememption 4)

The mformation is considered to be con.*idential business lproprietaryl mformat.on The eformation is conseoered to be proprietary mformation pursuant to 10 CFR 2 790tdH11.

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The mformation was submitted and received in confidence pursuant to 10 CFR 2 790tdH21 L The withheld information consists of mterogency or otraagency records that are not availabie through discomy dunng htigation (Ememption 5), Apphcable Pnvalege:

Dehberative Process Desclosure of preceassonal mtormation would tend to mhibit the open and frank enchange of ideas essential to the dehberative process Where records are withheld m their entirety, the f acts are mente cabtv intertwined with the predecisional eformation There also are no reasonably seyegable f actual portions because the release of the f acts would permit an mderect enouiry mto the predecisional process of the agency Attoiney work product privilege (Documents prepared by an attorney m contemplat.on of htigation i Attorney-chent pnvilege. (Confidential communicatsons between en attornet and his/her cbent.1

6. the withheld mformation te enempted from pubsc disclosu er because its disclosure would result m a clearly unwarranted mvassori of personal pnvecy. (Exemption 6)

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7. Th3 withheld mformation consists of records cornpaled for law enforcement pur poses and is bemg withheld for the reasonis) indicated (Emernption 7)

Disclosure could reasonably be expued to mterfere with an enforcement proceedmg because it could reveal the scope. direction, and focus of enforcement efforts, and thus could possibly aHow recipients to take action to shecid potential wron@omg or a vtolation of NRC requirements from mvestrgators. (E nemption 7 ( AH Disclosure would constitute an unwarranted anvasson of personal p*ivacy. (El mtion 7(C))

The mformativa consists of names of moviduals and othm inf ormation the disclosure of which could seasonably be espected to reveai sdentities of confidential sources. (Enemption 7 (OH OTHER l PART 11. C-DENYING OtFICIALS Pursuant to 10 CF R 9 25(b) and or 9 25(c) of the U.S. Nuclear Regulatory Comm,soon regWat ons, it has been datermened that the information withheid is esempt from pro-duction or d sclosure. and that its production or d sclosu er is cer't'ary to the pubirc mierest. The persons responswe for the dema; a<e those of ficiais utentif<ed betow as denyme Gif%th end th3 D rector, Division of Freedom of liiformat.on and Pubbcat,ons Serv ces. Off<e of Adminsstrat.on, for any den,a's that may be appeared to the Execunve Dweetor

, _ or Operations tEDO).

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'l DENYING OFFICIAL l TITLE OFFICE i RECORDS DENIED APPELLATE OFFICIAL

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i PARY ll D- APPEAL RIGHTS The d2nial by each denymg off cial sdentif<ed in Part il C may be aDoeated toa the Appen re Off ta! 'detif:ed there. Any su,** appeal must be made m wnt ng withm 30 dayi of rece'ot of this res,)onse. Appeats must be addressed. es 4Doropriate to the E secutive Director for Operations. to the Secretary of the Commission. or to the inspector General, U S Nuclear Reguictory Comrmss'on, Washmgton, DC 20555, and should clearly state on the envetope and m the letter that it y an "Apoeal f nm on initian FOI A Dec sion."

NRC FORM 464 (Part 2) (1-91)

U S. NUCLEAR REGULATORY COMMISSION

. e Re: FOIA 97-394 APPENDlX A RECORDS BEING WITHHELD IN THEIR ENTIRETY

- M DATE DESCRIPTION #PAGE COUNT)/ EXEMPTIONS 1.

Office of Investigations Report 1-95-050 (77 pages) EX. 7A 2.

Office of Investigations Report 196-025 (38 pages) EX. 7A s

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