IA-98-323, First Final Response to FOIA Request for Records.Records in App a Available in Pdr.Records in App B Partially Withheld (Ref FOIA Exemption 3)

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First Final Response to FOIA Request for Records.Records in App a Available in Pdr.Records in App B Partially Withheld (Ref FOIA Exemption 3)
ML20154P401
Person / Time
Site: Salem, Hope Creek  PSEG icon.png
Issue date: 10/09/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Solomon D
AFFILIATION NOT ASSIGNED
Shared Package
ML20154P404 List:
References
FOIA-98-323 NUDOCS 9810220314
Download: ML20154P401 (4)
v • d • e


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d NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION P UIAWA RESPONSE NUMBER

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  • r.,a % l(( y b l 5 98-323
             #                                 RESPONSE TO FREEDOM OF                                                                                    7                 '
  • 1,. INFORMATION ACT (FOIA) / PRIVACY

RESPONSE

k*,. */ ACT (PA) REQUEST TYPE Y- . FINAL PARTIAL i REQUESTER DArE Mr. Douglas D. Solomon 'OCT 09 1998 PART l. -lNFORMATION RELEASED 

           ^ 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 A             public inspection and copying at the NRC Public Document Room.
                        ~

P APPENDlCEti- ' L Agency records subject to the request that are identified in the listed appendices are being made available for , public inspection and copying at the NRC Public Document Room. 

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y- Document Room,2120 L Street, NW, Washington, DC.'Enclosedliriformation on how you mj  ; 

                        ~
           - 'APPENDtcEs" ~

Agency records subject to the request are enclosed. 

         ~' Records subject to the request that contain information originated by or of interest to another Federal agency have t:een
      -- referred to that agency (see comments section) for a disclosure determination and direct response to you.

We are continuing to process your request. See Comments. PART l.A - FEES wovyr . -- - You will be billed by NRC for the amount listed. Q None. Minimum fee threshold not met. I ~ You will receive a refund for the amount listed. Fees waived. 4 r,- g-- - PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE J 

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

g-- 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 Clearly state may on the envelope andbe appealed in the letter thatwithin 30 daysAppeal? it is a "FOIA/PA by writing to the FOIA/PA Off

PART 1.C COMMENTS (Use attacned Comments continuation page if required) 0 '
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P g 02 g 4 981009 Y SOLOMON 98-323 PDR . SIGNAT URE . f of sN RMAllON AGT AND PRIVACY AGI OF FICER Russ'e'liA.Yoie E si'  ! .f 4 NRC FORM 464 Part 1 (61998) PRINTED ON RECYCLED PAPER This form was designed using informs gg #21o M/ .

s s l NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA DATE 7ESPONSE TO FREEDOM OF INFORMATION l ACT (FOIA) / PRIVACY ACT (PA) REQUEST E 323 m 09 E l PART ll.A - APPLICABLE EXEMPTIONS 

         ' APPENDICES ~ "i l                                          Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under i         _.,.f_                   w 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 properly clanified pursuant to Executive Order 12958. Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC. 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 Resuicted Data or Formerly Restricted Data (42 U.S.C. 2161-2165). Q Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U S.C. 2167). 

                         - 41 U.S C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an                        !
                          - 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. Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) ) indicated. l 

                         ] The information is considered to be confidential business (proprietary) information.                                                                      l The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and       1
                         - accounting program for speciai nuclear material pursuant to 10 CFR 2.790(d)(1).                                                                           '
                        }{ The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
      ~

Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation. Applicable privileges: Deliberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the _ deliberative process. Where records are withheld in their entirety, the facts are inextncably 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. I Attorney work-product pnvilege. (Documents prepared by an attomey in contemplation of htigation) 

                          ~~ Attorney-client pnvilege. (Confidential communications between an attorney and his/her client) l                      5xemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.

Eumption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated 

                           - (A) Disclosure could reasonably be expected to interfere with an enfo% ment proceeding (e g., it would reveal 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).

(C) Disclosure would constitute an unwarranted invasion of personal pnvacy. 

                          ~ (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal identities of confidential sources.
                             ~ (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)

PART II.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g),925(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined thit the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public int: rest. The person responsib.e for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any d:nials that may be appealed to the Executive Director for Operations (EDO). 

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DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED ((OYS CY I Samuel J. Collins Director, NRR App.B 

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Appeal'must tie ~made 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 cl irly state on the envelope and letter that it is a "FOIA/PA Appeal." NRC FORM 464 Partit (6-1998) PRINTED ON RECYCLED PAPER This form was des gned using inForrns 

   . -        ..     . _. .    . - . . . -  . _..    =-,   . . _ . . . . . . .

s a i FOIA No. 98-323 , APPENDlX A RECORDS ALREADY AVAILABLE IN THE PDR ACCESSION NO, DATE _ NUMBER DESCRIPTION /(PAGE COUNT)

1. 6/10/97 9706170247 Ltr frm PSE&G to NRC re: Request for postponement in OSRE l schedule. (2 pagesi 1 l'
2. 6/19/97 9706300274 Ltr frm NRC to PSE&G re: Response to 6/10/97 Ltr postponement in OSRE schedule.

(3 pages) l

l a . .. Re: FOlA-98-323 APPENDIX B DOCUMENTS BEING RELEASED IN PART NUMBER DATE DESCRIPTION / EXEMPTION

1. 7/9/98 Letter from NRC to PSEG re: NRC Inspection Report 50-272/98202, 50-311/98202, and 50-354/98202 (Operational Safeguards Response Evaluation),5 pgs., Acc. No. 9807150238, enclosing NRC Inspection Report 50-272/98202,50-311/98202, and 50-354/98202 (Operational Safeguards Response Evaluation),

(19 pgs.)- PORTIONS EX. 3.}}

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