IA-99-260, Final Response to FOIA Request for Documents.Documents Listed in App a Being Withheld in Part (Ref FOIA Exemption 7)
| ML20212D460 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/1999 |
| From: | Reed C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Savage J MORGAN, LEWIS & BOCKIUS |
| Shared Package | |
| ML20212D463 | List: |
| References | |
| FOIA-99-260 NUDOCS 9909230130 | |
| Download: ML20212D460 (3) | |
Text
NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA l aEsPONsE NUMBER wme
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/*"' %dt RESPONSE TO FREEDOM OF m
g 1999 260 t
% s INFORMATION ACT(FOlA)/ PRIVACY
' RESPONSE r-
- . . */ ACT (PA) REQUEST TYPE REOuESTER DATE Mr. James Savage SEP 2 1 $9s PART 1. - INFORM ATION RELEASED
] No additional agency records subject to the request have been located.
] Requested records are available through another public distribution program. S ee Comments section.
APPEND 6CE S Agency records subject to the request that are identified in the listed appendi ces are already available for public inspection and copying at the NRC Public Document Room.
APPENDICES Agency records subject to the request that are identified in the listed appendi ces are being made available for A public inspection and copying at the NRC Public Document Room.
Enclosed is information on how you may obtain access to and the charges for cop ying records located at the NRC Public
] Document Room,2120 L Street, NW, Washington, DC.
FF APPENDICES NJ A Agency records subject to the request are enclosed.
[ Records subject to the request that contain information originated by or of int erest to another Federal agency have been referred to that agency (see comments section) for a disclosure determination a nd direct response to you.
[ We are continuing to process your request.
[ See Comments.
PART l.A - FEES MOUNT *
) Q, you Will be billed by NRC for the amount listed. ] None. Minimum fee threshold not met.
$ 81.06
[ You will receive a refund for tt.e amount listed.[ Fees waived.
' ?:m*"'-
PART 1.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE C No agency records subject to the request have been located.
] the reasons stated in Part II.Certain information in the requested records is being withheld from disclosure pursuant Q' This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter tha t it is a 'FOIA/PA Appeal."
PART 1.C COMMENTS (Use attached Comments continuation pace if required)
FEES: {
l Review 2 hrs, at $36.93 per hr = $73.86 Repro - 36 pages at $.20 per page = $7.20 TOTAL = $81.06 O
/
p 8l SIGNATURE . FHEEDoM oF INFoRMATioN AC ANDSFWACY ACT OFFICER 7 Carol Ann Ree d M f' 9909230130 990921 PDR FOIA SAVAOE99-260 PDR _,
MRC FORM 464 Part 1 (6-1998) PRINTED bN RECYCLED PAPER This form was designed using informs J
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's NRC F2RM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE (61hmESPONSE TO FREEDOM OF INFORMATION M9 m W 2, m ACT (FOlA) / PRIVACY ACT (PA) REQUEST LPPFNrHCF A PART ll.A- APPLICABLE EXEMPTIONS A Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under 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. 1 Exemption 2: The withheld information relates solely to the intemal 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 Ac', which prohibits the disclosure of Restricted Data or Formerty 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).
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 proposat.
Exemption 4: The withheld information is a trade swe? or commercial or financial information that is being withheld for the reason (s) indicated The information is considered to be confidential business (proprietary) informa tion.
The information is considered to be proprietary because it concems a licensee's or applicant's physical protection or material contrni and accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).
U The information was submitted by a foreign source and received in confidence pu rsuant to 10 CFR 2.790(d)(2).
] Exemption 5: The withheld information consists of interagency or entraagency records that are not available through discovery during litigation.
Applicable privileges:
0 Deliberative process: Disclosure of predecisianal information would tend to in hibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the prednisional 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 prisilege. (Documents prepared by an attomey in contemplation of litigation)
] Attorney-client privilege. (Confidential communications between an attorney and his/her client)
] Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.
(["
' Exemption 7: The withheld information consista of records compiled for law enforcement purpo ses 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 th6 scope, direction, and Q (A) focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrong requirements from investigators).
(C) Disclosure would constitute an unwarranted invasion of personal prhracy.
0 (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal j identities of confidential sources. '
] (E) Disclosure would reveal techniques and procedures for law enforcement investiga tions or prosecutions, or guidelines that could reasonably be expected to risk ci'cumvention of the law.
(F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
O O1HER (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 Regulat ory Commission regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the dental are those officials identified below as denying officials and the FOIA/PA Officer for any demials that may be appealed to the Executive Director for Operations (EDO).
RECORDS DENIED DENYING OFFICIAL TITLE / OFFICE l (" ^s hey Guy Caputo ; Director, Office of inmtigations lAll jg t i i
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l Appeal must be rtiade in wnting within 30 days of receipt of this response. App eals snould be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by th e appropriate appellate official (s). You should cliarly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 464 Part 11 (61998) PRINTED ON RECYCLED PAPER This form was deogned using informs i
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Re: FOIA/PA-99-260 APPENDIX A RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS
- 1. 1/99 Office of Investigations FY 1998 Annual Report (36 pages)
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