ML062130432
| ML062130432 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 07/28/2006 |
| From: | Nichols R NRC/OIS/IRSD/RFSB |
| To: | Murawski J The News & Observer |
| References | |
| FOIA/PA-2006-0141 | |
| Download: ML062130432 (4) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA RESPONSE NUMBER 619 ',0 2006-0141 1 CO, RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) I PRIVAC ESOS F ACT (PA) REQUEST TYPE REQUESTER DATE John Murawski JUL 2 8 2006 PART I. - INFORMATION RELEASED D] No additional agency records subject to the request have been located.
D* Requested records are available through another public distribution program. See Comments section.
available for E- APENICES Agency records subject to the request that are identified in the listed appendices are already public inspection and copying at the NRC Public Document Room.
SAPPENDICES 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.
Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD 20852-2738.
APN 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 been referred to that agency (see comments section) for a disclosure determination and direct response to you.
[j*j We are continuing to process your request.
DSee Comments.
PART LA - FEES AMOUNT
- I You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.
$ Dý You will receive a refund for the amount listed. Fees waived.
- See comments for details PART 1.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE LIJ No agency records subject to the request have been located.
IJ1 Certain information stated in the requested in Part II. records Is being withheld from disclosure pursuant to the exemptions described in and for the reasons 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 that It is a "FOIA/PA Appeal."
PART L.C COMMENTS (Use attached Comments continuation Page If required)
SIGNATURE - FREEDOM O:NFORMATION ACT AND PRIVACY ACT OFFICER Russell Nichols W NRC FORM 464 Part1 J6-1998) PRINTED ON RECYCLED PAPER This form was designed using InForms
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOINAPA DATE (3-2006)
RESPONSE TO FREEDOM OF INFORMATION 2006-0141 ACT (FOIA) I PRIVACY ACT (PA) REQUEST I PART ILA - APPLICABLE EXEMPTIONS APPENDICES* Records subject to the request that are described In the enclosed Appendices are being withheld in their entirety or in part under the LA&BL IExemption 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)).
D] Exemption 1: The withheld information Is properly classified pursuant to Executive Order 12958.
D 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.
0 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).
L] 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 253b, subsection (m)(1), prohibits the disclosure of contractor proposals In the possession and control of an executive E] agency to any person under section 552 of Titie 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.
[] The Information is considered to be confidential business (proprietary) Information.
DThe information is considered to be proprietary because it concerns a licensee's or applicants physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1).
D1 The Information was submitted by a foreign source and received In confidence pursuant to 10 CFR 2.390(d)(2).
[l] 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 predecisional information 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 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.
D Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)
D Attomey-client privilege. (Confidential communications between an attorney and his/her client)
F Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result In a clearly unwarranted Invasion of personal privacy.
I Exemption 7: The withheld information consists of records compiled for law enforcement purposes and Is being withheld for the reason(s) indicated.
Lu(A) Disclosure could reasonably be expected to Interfere with an enforcementtake proceeding (e.g., itwould reveal the scope, direction, and action to shield potential wrongdoing or a violation of NRC focus of enforcement efforts, and thus could possibly allow recipients to requirements from investigators).
- (C) Disclosure would constitute an unwarranted Invasion of personal privacy.
-- (D) The Information Identities of confidential of names of individuals and other Information the disclosure of which could reasonably be expected to reveal consistssources.
F] (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.
D(F) Disclosure could reasonably be expected to endanger the life or physical safety of an Individual.
L]* OTHER (Specify)
PART I.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 that the Information withhela is exempt from produd.on 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 FOtUIPA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO ATEC APEDO SECYOFICA IG Guy P. Caputo Director, Office of Investigations Appendix A & B/2 ,
William D. Travers Regional Administrator, Region U9 B/I Appeal must be 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 clearly state on the envelope and letter that it is a "FOIA/PA Appeal."
NREYLDIAE NROR 6 P~ 1(-06)PITE NRC FORM 464 Part 11(3-2006) PRINTED ON RECYCLED PAPER
Re: FOIA-2006-0141 APPENDIX A RECORD BEING WITHHELD IN PART NO. DATE DESCRIPTIONI(PAGE COUNT)IEXEMPTIONS
- 1. 04/25/05 Memo from Darrell White to William Travers, subject:
Memorandum Closure - Crystal River 3: Fraudulent Use of Social Security Numbers by Progress Energy Florida Subcontractor: (Case No. 2-2005-001OF/RII-2005-A-0022).
16 pages EX. 7C
Re: FOIA-2006-0141 APPENDIX B RECORDS BEING WITHHELD IN ENTIRETY NO. DATE DESCRIPTIONI(PAGE COUNT)/EXEMPTIONS
- 1. Various Records subject to Item 2 of the request that are maintain in the NRC Region IIoffice files relate to an ongoing investigation and are being withheld. EX. 7A
- 2. Various Records subject to Item 2 of the request that are maintained in the NRC Office of Investigations files relate to an ongoing investigation and are being withheld. EX. 7A