IA-99-247, Final Response to FOIA Request for Documents.App a Records Being Withheld in Entirety (Ref FOIA Exemption 5)

Final Response to FOIA Request for Documents.App a Records Being Withheld in Entirety (Ref FOIA Exemption 5)

ML20195F387
Person / Time
Site:	Saint Lucie
Issue date:	06/11/1999
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Raleigh D AFFILIATION NOT ASSIGNED
Shared Package
ML20195F392	List: IA-99-247, Final Response to FOIA Request for Documents.App a Records Being Withheld in Entirety (Ref FOIA Exemption 5) ML20195F387 ML20195F394
References
FOIA-99-247 NUDOCS 9906140319
Download: ML20195F387 (3)

Text

h  % bob NRC FORM 464 PJt i U.S. NUCLEAR REGULA1ORY COMMISSION PUIAiFA RESPONSE NU%BER

($-1998)

[F% RESPONSE TO FREEDOM OF 99-247 1 E

INFORMATION ACT(FOIA)/ PRIVACY RESPONSE TYPE g FINAL PARTIAL ACT (PA) REQUEST k*.*** DATE REQUESTER Deanne E. Raleigh JllW I I 1999 PART l. -INFORMATION RELEASED j No additional agency records subject to the request have been located.

Requested records are available through another public distribution program. See Comments section.

[MPEND'ICif . 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.

fAPPEND Cf " 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.

Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public j Document Room,2120 L Street, NW, Washington, DC. l

, i Agency records subject to the request are enclosed.

I_ J

[-- ; Records subject 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.

] See Comments.

PART l.A - FEES

~

%o0NT ' ~~

{ You will be billed oy NRC for the amount listed. Q None. Minimum fee threshold not met.

g ] You will receive a refund for the amount listed. ] Feeswaived. l

' ?nw"* l PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.

Q Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part 11.

(J Q This determination may be appealed within 30 days by writing to the FOIA/PA Officer U.S. Nuclear Regulatory Commission, l Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOlA/PA Appeal.'

PART 1.C COMMENTS (Use attached Comments continuation page if required) blGNAIUNE -FRLipOed of INFORMA140N ACT ACY ACI Of fiC sell A. Powe // '

i 9906140319 990611 PDR FOIA

, RALEIGH99-247 .PDR NRC FORM 464 Part 1 (61998) PRINTED ON RECYCLED PAPER This form was designed usmg Informs

y&

NRC FORM 464 Partti U.S. NUCLEAR REGUJTORY COMMISSION FOIA/PA oAn 7ESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS APPENDicts_.1 Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under A l the Exemption No.(s) of the PA and/or the FOLA as indicated below (5 U S.C. 552a and/or 5 U S C. 552(b)).

, Exemption 1: The withheld information w property classified 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.

rd Sect ons 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 prohhts the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).

r- 41 U.S C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an LJ executive agency to any person under section 552 of Title 5, U.S.C. (the FOIA), except when incorporated into the contrad 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 witnheid for the reason (s) indicated.

The information is considered to be confidential business (proprietary) information.

[ The information is considered to be proprietary because it concems a licensee's or applicant's physical protechon or matenal control and accounting program for special 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) j

i. Exemption 5 The withheld information consists of interagency or intraagency records that are not available through discovery during

<J litigation. Applicable pnvileges:

r'r Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the i IVJ deliberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional I 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.

Attomey work-product privilege. (Documents prepared by an attomey in contemplation of litigation)

] Attomey-client privilege. (Confidential communications between an attomey and his/her client)

. Exemption 6- The withheld information is exempted frori public disclosure because its disclosure would result in a clearly L.. unwarranted invasion of personal privacy.

i n Exemption 7: The withheld information ::onsists of records compiled for law enforcement purposes and is being withheld for the reason (s) i' indicated.

Disclosure could reasonably be expected to interfere with an enforcement proceeding (e.g , it would reveal the scope, direction, and F1 (A)

L.J focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or NRC requirements from investigators).

1] (C) Disclosure would constitute an unwarranted invasion of personal privacy.

] (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal L identities of confident:al sources.

(E) Disclosure would reveal techniques and procedures for law enforcement investsgations 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 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 detemined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the polic interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Office for any denials that may be appealed to the Executive Director for Operations (EDO). ,

DdNYING OFFICIAL Samuel J, Collins DiscWiNRR TITLE / OFFICE ARi A RECORDS DENIED

$ ^[f[

l  !

I j . _ _ _ , ,

l

]

Appeal must be made in writing within 30 days of receipt of this response. Appealis5UdIsr~ nailed to the FDINMEakA~ct Dfficer l

U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal?

NRC FORM 464 Part II (6-1998) PRINTED ON RECYCLED PAPER This form was designed usmg informs

v t

~

Re: FOIA-99-247 APPENDIX A DOCUMENTS BEING WITHHELD IN THElR ENTIRETY -

NUMBER DATE DESCRIPTION / EXEMPTION /PAGES

1. 12/10/97 Memo to F. Hebdon, NRC, from J. Calvo, NRC, subject: Task interface Agreement St. Lucie Unit 1 Environmental Qualification of the Woodward Governor Controls, (6 pgs.) - EXEMPTION 5.

9 l

l

.