IA-98-176, First Final Response to FOIA Request for Documents.Records Subj to Request Encl & Identified in App A.App B Records Released in Part (Ref FOIA Exemption 3)
| ML20247P860 | |
| Person / Time | |
|---|---|
| Issue date: | 05/19/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Pearsall J CANBERRA INDUSTRIES, INC. |
| Shared Package | |
| ML20247P864 | List: |
| References | |
| FOIA-98-176 NUDOCS 9805280139 | |
| Download: ML20247P860 (4) | |
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NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION RESPONSE NUMBER
- i **) C FOIA/PA 98-176 i
- [nE% peO RESPONSE TO FREEDOM OF I
S S INFORMATION ACT(FOIA)/ PRIVACY RESPONSE k *ss** [ ACT (PA) REQUEST TYPE Y "^ .
A TIAL REQUESTLR DATE Jim Pearsall W I9 M PART l. -INFORMATION RELEASED (See checked boxes)
.. No additional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments section.
APPENDICES ~
Agency records subject to the request that are identified in the listed appendices are already available for public inspection and copying at the NRC Public Document Room.
APPEN01CES ~
Agency records subject to the request that are identified in the listed appendices are being made available for A public inspection and copying at the NRC Public Document Room.
~- Enciosed"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, NW, Washington, DC.
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Agency records subject to the request are enclosed.
~ 'Recoids sutiject to the request that contain information originated by or of interest to another Federal agency have been referred to that agency (see comments section) for a disclosure determination and direct response to you.
We are continuing to process your request.
y This completes NRC's action on your request.
Fm PART l.A - FEES AMOUNT *" You will be billed by NRC for the amount listed. g None. Minimum fee threshold not met.
I You will receive a refund for the amount listed. Fees waived.
'foYdEIN PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.
y Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part II.
y Washington, DC 20555-0001.This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S.
Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."
PART 1.C COMMENTS (Use attached Comments continuation page if required) i i\
9805280139 980519 Qp PDR FOIA PDR PEARSAL98-176 SIGNATURt . { RE EDOM O SNS AlloN AQT AN RtsApCT OF FICER Russell A>l owe [ w)st '
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NRC FORM 464 Part 1 (3-1998) PRINTED ON RECYCLED PAPER This form was designed using informs
4 NRC FORM 464 Pirt il U.S. NUCLEAR REGULATORY COMMISSION DATE RESPONSE TO FREEDOM OF INFORMATION FOlA/PA 98-176 ,
ACT (FOIA) / PRIVACY ACT (PA) REQUEST E 18 ElB PART ll.A - APPLICABLE EXEMPTIONS FAPPOdolcES ~ ~ -
i Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under l .[ _ the Exemption No (s) of the PA and/or the FOIA as indicated below (5 U S.C. 552a and/or 5 U.S C. 552(b)).
~ Exemption 1: The withheld information is property classified pursuant to Executive Order 12958.
l [ Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC.
Q Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.
~ Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S C.
2161-2165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U S.C. 2167).
j 41 U.S C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an aJ executive agency to any person under section 552 of Title 5, U S.C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.
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Exemption 4: The withheld information is a trade secret or commercial or financial information that it being withheld for the reason (s) indicated.
)) The information is considered to be confidential business (propnetary)information.
The information is considered to be propnetary because it concerns a licensee's or applicant's physical protection or matenal control and a accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).
~~ The information was subm tted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
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Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng litigation. Applicable privileges:
Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the de!iberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisional information. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.
Attorney work-product privilege. (Documents prepared by an attomey in contemplation of litigation)
Attorney-client pnvilege. (Confidential communications between an attomey and his/her client) 5xemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy, Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated.
Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g., it would reveal the scope, direction, and
~ (A) focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoin NRC requirements from investigators).
(C) Disclosure would constitute an unwarranted in;asion of personal privacy. !
(D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal
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identities of confidential sources.
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(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expected to risk circumvention of the law.
(F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
'OTHER (Specify)
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PART 11.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g),9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined l that the information withheld is exempt from production or disclosure, and that its production or disclosure la contrary to the public .
int: rest. The person responsible for the dental are those officials identified below as denying officials and the FOIA/PA Officer for any '
dinials that may be appealed to the Executive Director for Operations (EDO).
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I DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED #PP m ED9 S CY I
~ Director, ADM
[dward CUniman ' App. B y l l
]
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AppeTal must bAriade in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington. DC 20555-0001, for action by the appropriate appellate official (s). You should !
cinrly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 464 Part il (31998) PRINTED ON RECYCLED PAPER This forrn was designed using informs l
Re: FOIA-98-176 APPENDIX A RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION /PAGES 1, 4/7/98 NRC Form 492 - Quotation for Small Purchases, (1 pg.).
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Re: FOlA-98-176 l
l APPENDIX B I DOCUMENTS BEING RELEASED IN PART l
NUMBER DATE DESCRIPTIONIEXEMPTION
- 1. 3/23/98 Letter to NRC from A. Kennedy
Reference:
Solicitation Number 50875024,(1 pg.) - RELEASE; enclosing EG&G Proposal for Gamma Spectroscopy System with Detector Upgrade, (6 pgs.)-
WITHHELD IN ENTIRETY, EX. 3.
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