ML100290377
| ML100290377 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 01/27/2010 |
| From: | Sealing D NRC/OIS/IRSD/RFSB |
| To: | Sweet P Columbia Missourian, KBIA Public Radio |
| References | |
| FOIA/PA-2010-0047 | |
| Download: ML100290377 (3) | |
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NRC FORM 464 Part I U.S; NUCLEAR REGULATORY COMMISSIONI FOIAIPA RESPONSE NUMBER (6-1998)
VopV REGU4 h 2010-0047 1 co 0 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY RESPONSE W ACT (PA) REQUEST TYPE FINAL PARTIAL REQUESTER DATE JAN 2 7 2010 Patrick Sweet PART I. -- INFORMATION RELEASED D] No additional agency records subject to the request have been located.
Dl Requested records are available through another public distribution program. See Comments section.
D* APPENDICES 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.
H* APPENDICES Agency records subject to the request that are identified in the listed appendi ces are being made available for public inspection and copying at the NRC Public Document Room.
D] Enclosed is information on how you may obtain access to and the charges for cop ying records located at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD 20852-2738.
[] APPENDICES 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.
D] We are continuing to process your request.
E- See Comments.
PART L.A -- FEES AMOUNT* Dl You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.
$ You will receive a refund for the amount listed. Fees waived.
See comments for details PART I.B -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D] 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 in and 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 I.C COMMENTS (Use attached Comments continuation paqe if required)
In a November 17, 2009 telephone conversation with Ms. Mary Jean Raphael of my staff, you indicated that you would accept a listing containing closed discrimination concerns from 2002 on the Callaway nuclear power plant.
The incoming FOIA/PA-2010-0047 request is located in ADAMS at ML09322025.
ACT AND PRIVACY ACT OFFICER NAoFL. SO Don rY'ealinq F RECYCLED PAPER This form was designed using InForms NRC FORM NRC FORM 464 (6-1998)
Part 11 (6-1998) 464 Part PRINTED ON PRINTED ON RECYCLED PAPER This form.was designed using InForms
NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA DATE (2-2008)
RESPONSE TO FREEDOM OF INFORMATION 2010-0047 JAN 2 7 2010 ACT (FOIA) / PRIVACY ACT (PA) REQUEST I PART II.A -- 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 A 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)).
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.
Low 2 Internal matters of a relatively trivial nature.
D- High 2 Disclosure would risk circumvention of a legal requirement.
D] Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.
D 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).
DSection 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
Dý 41agencyU.S.C., Section 253b, subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an executive 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.
D Exemption 4: The withheld information is a trade secret or commercial or financial informati.on that is being withheld for the reason(s) indicated.
F-- The information is considered to be confidential business (proprietary) information.
The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and D Thaccounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1).
F-- The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2).
D Disclosure will harm an identifiable private or governmental interest.
El 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 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 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.
SAttorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)
-j 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 W] invasion of personal privacy.
] Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.
Z (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 a violation of NRC requirements from investigators).
(C) Disclosure would constitute an unwarranted invasion of personal privacy.
D (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- (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.
E OTHER (Specify)
PART II.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 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 FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPELLATE OFFICIAL EDO SECY IG Elmo.E. Collins, Jr. Regional Administrator, RIV Appendix A I{
Appeal must be made in writing within 30 days of receipt of this response. App eals should 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 clearly state on the envelope and letter that it is a "FOIA/PA Appeal."
PRINTED ON RECYCLED PAPER NRC FORM NRC 464 Part FORM 464 11 (2-2008)
Part II (2-2008) PRINTED ON RECYCLED PAPER
FOIA-2010-0047 APPENDIX A RECORDS WITHHELD IN PART NO. DATE DESCRIPTION/(PAGE COUNT)/EXEMPTIONS
- 1. 11/23/09 Callaway Discrimination Concerns (2002-Present) (8 pages)
Ex. 7C