ML101330432
| ML101330432 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 05/10/2010 |
| From: | Sealing D NRC/OIS/IRSD/ISB |
| To: | Bernabei L Bernabei & Wachtel, PLLC |
| References | |
| FOIA/PA-2010-0132 | |
| Download: ML101330432 (3) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER (6-1998)
( 19 RE, UZ-2010-0132 1 0 o RESPONSE TO FREEDOM OF
REQUESTER DATE Lynne Bernabei HAY 1 0 2010 PART I. -- INFORMATION RELEASED No additional agency records subject to the request have been located.
D Requested records are available through another public distribution program. S ee Comments section.
77 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.
77 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.
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.
APPENDIES Agency records subject to the request are enclosed.
I 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.
SWe are continuing to process your request.
D See Comments.
PART L.A -- FEES AMOUNT
- You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.
$ D You will receive a refund for the amount listed. F 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.
SCertain 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 lacle if required)
In telephone conversations with this office, you narrowed the scope of the requ est to the record identified on enclosed Appendix A, and any records that could be located within the two hours you are entitled to free of charge. No additional records were located.
SIGA-RE - FREEDCM FF MATION ACT AND PRIVACY ACT OFFICER na4~
NRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This form was designed using InForms
rI NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE (2-2008)
RESPONSE TO FREEDOM OF INFORMATION 2010-0132 MAY 1 0 2010 ACT (FOIA) I 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.
D Low 2 Internal matters of a relatively trivial nature.
D High 2 Disclosure would risk circumvention of a legal requirement.
D-1 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).
D Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
ED 41 U.S.C., Section 253b, 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 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.
D] The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1).
D- 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.
7] Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation.
F-, 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.
D-- Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)
D] Attorney-client privilege. (Confidential communications between an attorney and his/her client)
--7 El Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.
71 Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is.being withheld for the reason(s) indicated.
D (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) 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.
D] 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 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 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 MuloAIG Mark A. Satorius. Regional Administrator, Region III AppendixA 4X 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."
NRC FORM 464 Part 11 (2-2008) PRINTED ON RECYCLED PAPER
Re: FOIA/PA-2010-0132 APPENDIX A RECORD BEING WITHELD IN PART (If copyrighted identify with *)
NO. DATE DESCRIPTION/(PAGE COUNT)
- 1. 11/18/09 Slides from Exelon Nuclear Safety Review Board Byron Station Meeting 09-03. 67 Pages EX. 4