ML20044C082
| ML20044C082 | |
| Person / Time | |
|---|---|
| Issue date: | 12/30/1992 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Carmasino S SYSTEM AUTOMATION CORP. |
| References | |
| FOIA-92-555, FOIA-92-556 NUDOCS 9303170158 | |
| Download: ML20044C082 (3) | |
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U.S. NUCLEAR REGULATORY COMMISSION NHc FOi A HEOutSi NuMetatsi -
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RESPONSE TYPE p
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- RESPOTJSE TO FREEDOM OF x InNu l l PARTIAE e'
INFORMATION ACT (FOlA) REQUEST DATE 5,%..../
DEC 3 01932' DOCKE T NUMBE RtS) titapphcatuel REQUE ST E R Ms. Suzanne Carmasino PART l.-AGENCY RECORDS RELE ASED OR NOT LOCATED /See checkedboxen No agency records subject to the request have been located.
No additional agency records subject to the request have been located.
i Requested records are available through another public distribution program. See Comments section, Agency records subject to the request that e e identified in Appendix (es) are already available for pubhc inspection and copying at the NRC Public Document Room,2120 L Street. N.W, Washington, DC.
3 Agency records subject to the request that are identified in Appendixles) are being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number The nonproprietary versico of the proposal {s) that you agreed to =ccept in a telephnne conversation with a merrter of my staff is now being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.
Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Documer:t -
Room identified in the Comments section.
Enclosed is information on how you may obtain access to and the charges for copymg records located at the NRC Pubile Document Room,2120 L Street, N.W., Washington. DC.
Agency recoon subject to the request are enclosed.
Records subject to the request have been referred to another Federal agency (iest for review and direct response to you.
Fees You will be billed by the NRC for fees totaling 5
.i You w;11 rece<ve a refund from the NRC in the amount of $
i in view of NRC's response to this request, no further action is being taken on appeal letter dated
, No.
I PART (l. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated In Part II, B, C, and D. Any released portions of the documents for which only part Cf the record is being withheld are beir*g made availabte for public X
inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.
COMME NTS
- The records identified on enclosed Appendix A are continuing to be withheld in their entirety.
As Mary Pat Siemien, Oifice of the General Counsel, and Nina Pugh of my office, explained to.Mr. Jeff Smith in a telephone conversation on December-7, 1992, a decision-
-on this protest was issued on November 9, 1992.
As your company-has 120 days within which to appeal this decision,-these. documents will continue'to be withheld under Exemption 5 until the 120 day i
appeal period has.run.
At that. time, you may submit a new'FOIA request for these records.
l SIGNA 1 % Of RECTOR, DI ISION OS f f EDOM DF INFORMATION AND PUBLICATIONS SERylCES I
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9303170158 921230 PDR FDIA CARMASI92-555' PDR
F OI A NuMg t Ris)
DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 92-555 (CONTINUATION)92-556 DEC 3 01992 PART ll B-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Append;x(es)
M are being withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations.
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- 1. T5e withheld information is property classd>ed pursuant to Executive Order. (Exempt <on 1)
- 2. The *,thheid information reia!es solely to the ir f ernal personnel rules and procedures of NRC (E xemption 2)
- 3. The withheld information is specifically enempted from pubhc disclosure by statute endicated. (Exemption 3)
Sections 141-145 of the Atomic Energy Act, which prohibits the d6sclosure of Restncted Data or Formerly Restricted Data (42 U.S.C. 2912165i.
Section 147 of the Atomic Energy Act, which prohtits the disclosure of Unclassified Safeguards information (42 U_S.C. 2167).
- 4. The withheid mformation es a trade sectet or comrr,eicial or finanosi inf ormanon inat m being withhelu for the reasonid indicated. (Exemption 4)
The infur%non.a cons duce to be enr'hrtent+1 casiness (prennetaryl mformanon i
The information is considered to be pioprietary information pursuant to 10 CFR 2 790idH11 The enformat.on was submitted and received en confedeme pursuant to 10 Cf Fd 2 790idH2) 4 XX (5 The w.thheld mformabon consGts of enteregency or inDaagencg records that are 601 aWatWe thrfs 95 d+ covert dMg ht@ation (Exemption 5). Apphcable Privilege:
Debberstwe Process. Disclosure of predeosional enformat.an *vuld tend to mbebit the open and frans r acnange of socas essenDat to the dehberative prowess Where records are withheld in their enteety. the f ac ts are ineminrebiv inte rt wined with the predeomonalinf oemanon There ano are no reasonably segregable f ac tual X
portions because the release of the f acts would permit an indirect ecuirg snto the p'eoeoraor al pot ess of the agency.
Attorney wo4 p oduct pnvaege (Documents penamd N an a'to+ro ir c ontemaem rf 1.nset m Attorney chent pnvilege. (Confident,al communecatrons between an attorney and his/her chent]
The withheld enformai.on is enempted f'om pubis oiscloss e because its d:sdosu'e would res/t m a cicaly una a"ar' tea invasion of pe'sonai pnvecy (Exemption 6) 6 e
7 The withheld informanon consists of eccnids cornedea for law enfort ernent purposes an:t is bemg withberd foe the reasontsi endicated (E xernpilon 7)
I D.sclosure could reasonably be expected to mterfere wtth an enforcement procredmu beca4e it could reveal the scope, dacction, and focus of enforcement efforts. and thus could poss.biy avow recip4ents to take action to shield potential wrongdomg or a wotation of NRC recurements from investmators. (Enemption 7 ( All Disclosure would constitute an unwarranted mvasion of pesonai privaco (Enempt on 7(CH Tne inicamenon connts of names of r.d+tt.e emi ethe r%<manon rrm a tan a m h could reasur,am tw ennecad to retrof identipes t f -
contdenvai sources. (Enempt;on 7 (Dil OTHER j
PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25fb) and'or 9 25fcl of the U.S Nuclear Rego!a'ory Comm>5 von 'epattons.11 has been determ ned tha' the mfo'manon withheld is exempt from pro.
duct:on or d sclosure, and the :ts production or d4 closure n contrary to the pubbc interest The r+rsons respons:ble fo> the rien a: are t ose officrah ident f ed below as denymg h
off.cials and tne Director. Desion of Freedorr of Information and Pubhcat>ons Serv 4es, Of fice of Admin:snahon, for any derha4 that may be appealed to the E mecutive Director for Operatrons (EDO)
DENylNG OFFICIAL TIT LE 'OF F ICE RECORDS DENIED APPELLATE OFFICIAL 1d0 I $EUIETAW IG Edward L. Halman Director, Division of Contracts App. A X
and Property Management i
PART 11. D-APPEAL RIGHTS The denial by each denyms otheial edent,fied in Part tl.C may be appeated to the AppeHate Off.cial identified there. Any such appeal must be made in writing wrthm 30 days of receip-of tNs response. Appcals rnust be addressed, as appropnate, to the E mecutive Director for Operations. to the $ccretary of the Commission, of to the inspector Genera!. U S. Nutfear Regulatory Ccmmission Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an "Appesi from an initial FOI A Decision."
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W C F O R" M 3 !P;,rt ?) f 1 01 '
lt S NUClf M Rf GUL ATORY COY 88'SetCN
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Re:
FOIA-92-555 FOIA-92-556 APPENDIX A 9
DOCUMENTS BEING WITlillELD IN TilEIR ENTIRETY
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NUMBER DATE DESCRIPTION
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1.
7/23/92 Note to Elois J.
Wiggins trom Robert Webber, subject:
" Final Evaluation Report Under RS-IRM-92-203,* (1 pg.)
Y, attaching Final Recommendation Report, (17 pgs.) - EXEMPTION 5.
4 2.
Undated Summary of Negotiation / Determination of Price of Cost Reasonableness, (14.pgs.)
- EXEMPTION 5.
3.
Undated Evaluators Worksheets - EXEMPTION 5.
3 1
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