ML032380267
| ML032380267 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 08/22/2003 |
| From: | Reed C NRC/OCIO/WPDSD/FOIA |
| To: | Poole B Winston & Strawn, LLP |
| References | |
| FOIA/PA-2003-0281 | |
| Download: ML032380267 (3) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA RESPONSE NUMBER
- 61995) R 2003-0281 1 RESPONSE TO FREEDOM OF I INFORMATION ACT (FOIA) I PRIVACY RESPONSE Em IA 6 ATA ACT (PA) REQUEST TYPE L FINAL D PARTIAL REQUESTER DATE Brooke Poole AUG 2' 2 O3 PART 1.- INFORMATION RELEASED L No additional agency records subject to the request have been located.
go Requested records are available through another public distribution program. S ee Comments section.
[LI APPENDICES ll Agency records subject public inspection to the at and copying request thatPublic the NRC are Identified Document Inthe listed appendi ces are already available for Room.
{i iPPENDICES Agency records subject to the request that are Identified In the listed appendi ces are being made available for l jA 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.
71APPENDICES JA IAgency 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 LI referred to that agency (see comments section) for a disclosure determination a nd direct response to you.
We are continuing to process your request.
L] See Comments.
PART l.A-FEES A^MOUNT'
- l will 2Yoube billed by NRC for the amount listed. [ None. Minimum fee threshold not met.
IS l You will receive a refund for the amount listed. [ Fees waived.
See comments for details PART l.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE LI No agency records subject to the request have been located.
Certain Information in the requested records is being withheld from disclosure pursuant to the exemptions described inand for the reasons stated In Part II.
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 L.C COMMENTS (Use attached Comments continuation page If required)
SGNATUR -FREEDOM OF RTION AcT Caroln Reed NR OM46 at1 619) RNE O EYLE AE ii om a eige snghiom NRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This forni was designed using InForms
NRC FORM 464 Part II US. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE
'RwESPONSE TO FREEDOM OF INFORMATION 2AU ACT (FOIA) / PRIVACY ACT (PA) REQUEST 2003-0281 A 2 2003 PART II.A - APPLICABLE EXEMPTIONS APPw~r~rP-.m Records subject to the request that are described In the enclosed Appendices are being withheld In their entirety or In part under the A Exemption No.(s) of the PA and/or the FOIA as Indicated below (5 U.S.C. 552a andlor 5 U.S.C. 552(b)).
[] Exemption 1: The withheld Information Is property classified pursuant to Executive Order 12958.
j1 Exemption 2: The withheld Information relates solely to the Internal personnel rules and procedures of NRC.
aI] Exemption 3: The withheld Information Is specifically exempted from public disclosure by statute Indicated.
[joSecons 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).
U 41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals Inthe 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 Isa trade secret or commerclal or financial lnformat on that Isbeing withheld for the reason(s) Indicated.
The Information Isconsidered to be confidential business (proprietary) Information.
Li The Information Isconsidered to be proprietary because It concerns a Ecensee's or applicant's physical protection or material 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 Inconfidence pu rsuant to 10 CFR 2.790(d)(2).
g iExemption 5: The withheld Information consists of Interagency or Intraagency records that are not available through discovery during Utigation.
Applicable privileges:
r Dellberathve process: Disclosure of predecislonal information would tend to in hibt the open and frank exchange of Ideas essential to the liberative process. Where records are withheld i their entirety, the facts are Inextricably intertwined with the predecislonal information.
There also are no reasonably segregabie factual portions because the release of the facts would permit an Indirect Inquiry Into the predecislonal process of the agency.
[] Attorney work-product privilege. (Documents prepared by an attorney Incontemplation of iltigation)
U Attomey-lient prMlege. (Confidential communications between an attorney and hisdher clent)
Exemption 6: The withheld Information Isexempted from public disclosure because its disclosure would result Ina dearly unwarranted Invasion of personal privacy.
[] Exemption 7: The withheld information consists of records compfled for law enforcement purposes and is being withheld for the reason(s) indicated.
F] (A)Disclosure could reasonably be expected to Interfere with an enforcement 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 aviolation of NRC requirements from Investigators).
] (C)Disclosure would constitute an unwarranted Invasion of personal privacy.
a (D)The Information consists of names of indMduals 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 Investiga tions or prosecutions, or guidelines that could reasonably be expected to risk circumvention of the law.
[] (F) Disclosure could reasonably be expected to endanger the Wie or physical safety of an Individual.
OTHER (Specify)
PART II.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g) 25(5(h), and/or 9.65(b) of the U.S. Nuclear Regulatory 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 denial are those officials Identified below as denying officials and the FOIANPA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL _________________
TITLE/OFFICE RECORDS DENIED SECYOFFICIAL APPELLATE
~~~~ ~~~~~ ~~~~~~~~
1(G Hubert J. Miller Regional Administrator, RI Appendix A Appeal must be made Inwriting within 30 days of receipt of this response. App eals should be mailed to the FOWNPrivacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by th e appropriate appellate official(s). You should clearly state on the envelope and letter that It Is a FOIAJPA Appeal.*
PRNE NRCCE AE hsfomwsdsge sn no NCFM44Pat1(-196 NRC FORM 464 Part If (6-1998) PRINTED ON RECYCLED PAPER This fbffn was designed using InFonns
FOIA-2003-0281 APPENDIX A RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTIONJ(PAGE COUMT)EXEMPTIONS
- 1. Undated Indian Point 2 Nuclear Power Plant (18 pages) (1 page Released, remaining pages outside scope of the request) EX. 5
- 2. Undated Indian Point 2 Nuclear Power Plant (8 pages) (2 pages Released, remaining pages outside scope of the request) EX. 5