ML20056C570
| ML20056C570 | |
| Person / Time | |
|---|---|
| Issue date: | 04/20/1993 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Facaros N AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20056C571 | List: |
| References | |
| FOIA-93-134 NUDOCS 9306250360 | |
| Download: ML20056C570 (5) | |
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W,5 NUCLLAH HLOULAIURY UUMMibblUd NHC EOIA REQUES1 NUMBEM FOlA 134 -
MD 0b( RESPONSE TO FREEDOM OF
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-I"NAL IX4 PARTIAL -
INFORMATION ACT (FOlA) REQUEST DATE APR 2 01993 DOCKET NUMBER (S) //f applicable /
REQUE ST E R Nickolas Facaros PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checAedboxes/
No agency recordt subject to the request have been located.
No additional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments section.
Agency records subject to the request that are identified in Append;x(es) are already available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
Agency records subject to the request that are identified in Appendix (es)
C are being made available for public inspection and copying -
XX at the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOtA number.
The nonpropnetary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for pubhc inspection and copying at the NRC Pubhc 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 Document Room identified in the Comments section.
Enclosed is mformation on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
XX Agency records subject to the request are enclosed.*
XX Records subject to the request have been referred to another Federal agency (ies) for tcview and direct response to you.
Fees You will be belled by the N RC for fees totahng s
)
t You will receive a refund from the NRC in the amount of s in view of NRC's response to this request, no further action is being taken on appeal letter dated
, No.
PART 11. 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 it. B, C,and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public NN inspection and copyirig in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOt A number.
COMMENTS
- Agency records subject to your F0IA request that are identified on the enclosed Appendix C are enclosed.
The NRC is continuing to review records subject to your request. We will notify you upon ampletion of the review, i
Si > T UR E, DIRE Ct aDIVISION OF F RE EDOM OF INFORMATION AND PUBLICATIONS SERVICES w
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9306250360 930420 (I--
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DAtt RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOIA 134 (CONTINUATION)
APR 2 01993 PART 11 B-APPLICABLE EXEMPilONS Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in part urder the Exemption No.(s) and fx the reason (sl given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations.
- 1. The wrthheld information es properly classified pursuant to Executive Order. (Ememption 1)
- 2. Tha withheld snformation relates solely to the enternal personnel rules and pocedures of NRC. (Ezemptron 2)
- 3. The withheld enf ormateon es specibcally esempted from pubhc disclosure by statute meticated. (Enemption 3) h.,
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$ections 141145 of the Atomic E nergy Act, which prohibits the disclosure of fiestricted Data or Formerly Restricted Data (42 U.S.C. 21612165).
Section 147 of the A'omic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
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- 4. The wsthheld inforrnstron is a trade secret or c omme%ial os finanaal enformahon that es being withheld for the reason (s) indicated. 'Eremption 41
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The informat.on en considered 10 be conhdential business opeoprietary) information
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The enformat<on is conside#ed to be propretary information pu'suant to 10 CF R 2 790id4 *'
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The enformate.rn was submrtted and received en confidence pursuant to 10 CF M 2 790idH2t gg c,
XX-5. The we'hhe>d mfo< mat <on consists o' entef egency or entraagenc y secord that we to ava.lan.e]}(nug((d7 ove y dunna htigst.on (Enemption SL Apphcabb Pimlege.
Where recoeds are *1thheld in their entace y, the Iacts are mentoc ab'y ir tert *tned with the predeos.'ank est.hange of ideas esSenhet to the rielibetstiv Dettevative Process-Disclosure of predecisional enformatson would tend tu inheit the open and l
.f g portions because the release of the f acts would peemit an entbrect n.ovov ento the needecisional peor ess of the ager.cy XX Attorney work product pnvilege 'DocumeMs prepared by an a'tomcv *s: c ontemplateon of ht.uate
[
, y Attorney chont prmlege (Confidential communicat.ons between an attorney and his/her clientJ 6, The *>thheid into< mat.on is enempted from pubhc disclosu'e because its d+riosure wooid resu't in a ciestly unna' ranted invasion of seesonai pnvacy (E memption 61 7 The wethheld mformanon cons:sts of records comp. led for le* enfo* cement purposes and is being withheld for the reasonio inefasted (E xemption 7)
! D*sclosure could reasonably be emppeted to mterfere with an enforcement proceedmg trecause it could reveal 1he scope, daect o% and focus of enforcement effcrts, and thus could poss,b!y e' low rec <p+nts to take acteori to sh.eid potent al wrongdoing or a violation of NRC requirements from save_s00ators. (E mempt.on 7 ( All Desck>sute would const;tute an unwarranted envasion of pe*sonat pnvecy (E mempt.on 7tC))
The enloemation consists of names r>t ind#nuam nr.d ein." m4manon tr'e dost mu*e of
- No. usuk1 'cometr y be emoccted to resear ident ties of 6
conhdential sources. IE nemption 7 (D))
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OTHEF.
PART ll C-DENYING Of flCIALS Puesuant to 10 CFR 9.25M and or 9 25(c) of the U S Nackar Repaior y Coram si on ervat.ons. <t has t.een octeemmed that the information *.thheld a esempt from pro duction or daciosu e and that its p oduci on o' d1soosu e 4 contrary to the pute c mierest The persons respons t 6e for the den.a! are those nfbtia!s identif +d belo* es deriye g a
r of f:ciais and the D,sectoe. D.. mon of F reedom of leiurmabon and Pubhcat ons Services Of fice of Adm.n strat.on. for any den als that may be appealed to the Executive Derecto' for Operat ons (E DO.i DENYING OFFICIAL Tliit Of fiCE I
RECORDS DEN!ED APPELLATE OHICIAL 4
Deputy Gener_al_ Counsel _for Hearirgs,
. _.Em s nan c
Joseph Scinto Enforcement s_anLMministr3 tion.
Apperidix D XX i
PART 11. D-APPEAL RIGHTS The den;al by each denying off ctal identified in Part II.C may be appealed to the Appellate Off.cial identsfied there. Any such appeal must be made in writing withm 30 days of receipt of this response. AppeaH must be addressed, es appropnate, to the E secutive Drector for Operations, to the Sectetary of the Commiss,on, of to the Inspector Generat, U.S. Nuclear Hsgulatory Commission. Washmgton, DC 20b55. and should c6early state on the envelope and in the letter that it is an "Appeat from an instral FOtA Decmon."
N;tC FORM 464 (Part 2) (191)
U.S. NUCLEAR REGULATORY COMMISSION
Het FOIA-93-134 APPENDIX C DOCUMENTS BEING PLACED IN TIIE PDR HUMBER DATE DESCRIPTION 1.
07/09/92 Document from Rosetta O.
Virgilio to CCK,SAS, subject: Bob Cook, YIN (2
pages)
9 i
Re:
FOIA-93-134 APPENDIX D j
DOCUMENTS BEING WITHHELD IN THEIR1 ENTIRETY HUMBER DATE DESCRIPTION-1.
undated Note from Jim Wolf-to Jack Goldberg, subject: Bob Cook 2.206 Petition. (1 page)
+
Exemption 5.- Deliberative Process 2.
undated Note'from Jim Wolf to' Jack Goldberg, subject: Russell Jim 2.206 Petition
.(1 page)-
Exemption 5 - Leliberative. Process 3.
09/24/91 States of Washington and Oregon; Denial of Petition for Rulemaking (Draft)'
(10 pages)
Exemption 5 - Deliberative Process 4.
06/29/92 Document entitled, " Bob Cook Letter" Claim: DOE requires license under Section 202 (3) of, ERA -(l'page)
Exemption 5 -' Deliberative Process
.i 5.
06/29/92 Documaat entitled, " Russell Jim Letter *
)
Claim: DOE requires license under 10 CFR 30 (1 page)
Exemption 5 - Deliberative Process s
6.
07/22/92 Document entitled, " Dear DOE" (2 pages)
Exemption-5_--Deliberative Process 7.
07/27/92 Document entitled, " Notes _on Denial of Petition'for Rulemaking" (1 page)
Exemption 5 - Deliberative Process 8.
07/30/92 Document entitled,
- Dear DOE" (1 page)
Exemption 5 - Deliberative Process 9.
07/31/92 Document entitled, " Dear DOE" (1 page)
Exemption 5 - Deliberative Process-10.
09/30/92 Document entitled, " OGC Suggested Revisions" (2 pages)
Exemption'5 - Deliberative Process
.l i
i 1
-Re:
FOIA-93-134 APPENDIX D DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION 11.
undated Memorandum from Jack R.
Goldberg to Robert M.
Bernero concerning license requirement..with attached drafts (5
pages)
Exemption 5 - Attorney work-product &
Attorney-client privilege 12.
undated Annotated document entitled, " Russell Jim Letter" - Claim; DOE requires license under 10 CFR 30..with attached annotated draft (7 pages)
Exemption 5 - Attorney work-product &
Deliberative Process 13.
02/14/92 Memorandum from Jack R.
Goldberg to Robert M.
Bernero concerning request for action under 10 CFR 2.206 (2 pages)
Exemption 5 - Attorney work-product &
Attorney-client privilege l
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