ML20128G421
| ML20128G421 | |
| Person / Time | |
|---|---|
| Issue date: | 10/02/1996 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Shannon Patterson MORGAN, LEWIS & BOCKIUS |
| Shared Package | |
| ML20128G424 | List: |
| References | |
| FOIA-96-346 SECY-96-149-R, NUDOCS 9610090029 | |
| Download: ML20128G421 (3) | |
Text
v.nvece neum uni c6seesus oC o REus%E SS, W.s FOIA -
96-346 k
RESPONSE TYPE g
g RESPONSE TO FREEDOM OF X l FINAL l l PARTIAL INFORMATION ACT (FOIA) REQUEST (e....
f0CT 0 21995 DATE DOCKET NUMBE R(S)(If app /scable) 4.E OUESTE R
'Mr.
Scott J. Patterson PART l.- AGElJCY RECORDS n' CASED OR NOT LOCATED (See checAed boxes /
No agency records subject to the request have been located.
No additional agency records subject to the request have been located.
1 Requested records are available through another public distribution program. See Comments section, j
1 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.
X Agency records subject to the request that are identified in Appendix (es)
A are being made available for public inspection and copying tt the NRC Public Document Room,2120 L Street, N.W., Washington, DC, an a folder under this FOlA number.
Th3 nonproprietary 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 public ir:spection and copying at the N RC 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 Appendimies) may be inspected and copied at the N RC Local Public Document Room identified in the Comments section.
Enclosed is information 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.
X Agency records subject to the request are enclosed. Appendix A R: cords subject to the request have been referred to another Federal agency (ies) for review and direct response to you.
l X
Fees None You will be billed by the NRC for fees totaling $
You will receive a refund from the NRC in the amount of $
in view of N RC'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 y
in Part 11, D, 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 inspection and copyir g in the NRC Public Document Room,2120 L Street, N.W., Washington, DC 'n a folder under this FOI A number, COMMENTS
- YOu are nOt being assessed processing fees as the minimal fee limit has not been exceeded.
Uh 9
D!I
(
p0 NATO E,DIRMECTAAm ISION OF FRE EDOM OHMATION AND PUBLICAllONS SERVICES gg m
y 5
k[.
~
.Mu,
~
RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOlA 346 W h l @t)
(CONTINUATION) l l
PART 118-APPLlCABLE EXEMPTIONS l
Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below punuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations, 1, The withheld mformation is properly classified pursuant to Executive Order. (Exemption 1) l
- 2. The withheld mformatson relates solely to the internal personnel rules and procedures of NRC. (Exemption 2) l l3. The withheld information is specif.cally esempted from public disclosure by statute indicated. (Ememption 3)
Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restrictoi Data or Formerfy Restricted Data (42 U.S.C. 2161-2165).
Section 147 of the Atomic Energy Act. which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
4 The withheld mformation is a trade secret or commercsal or fmanc4al mformation that is bemg withheld for the reason (s) indicated. (Exemption 4)
The enformation is considered to be confidential busmess (proprietaryl mformation.
The mformation es consedered to be propnetary mformation pursuant to 10 CFR 2.790(dH1)
The mformation was submstted and received m confidence pursuant to 10 CFR 2 790idH2p
- 6. The withheld mformation consists of eteragency or mtraagency records that are not available through discovery durmg htigation (Exemption 5). Apphcable Privilege-DeliberLtive Process. Disclosure of predecisional mformation would tend to mhebit the open and frank enchange of ideas essential to the deliberative pro'ess-Where records are withheld m thest entirety, the f acts are sneutticably mtertwined with the predecisionalinformation There also are no reasonably segregable f actual portions because the release of the f acts would permit an mdirect mquiry into the predecisional process of the agency Attorney work product pnvi6ege < Documents prepared by an attorney in contemplation of letigation 1 Attorney. client privilege. (Confidential communications between an attorney and hisMer client.)
6 The withheld mformation is exempted from pubhc disclosure because its disclosure would result m a c6early unwarranted mvasion of personal pnvecy (Exemption 6)
X
- 7. The withheld information Consists of records compiled for law enforcement purposes and is being withheld for the reasonis) mdicated (Ex emption 7)
F-Disclosure could reasonably be expected to enterfere with an enforcement proceedmg because it could reveal the scope, direction, and focus o' X
' enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from mvestigators. (Ememption 7 ( A))
Disclosure would constitute an unwarranted mvascon of personal privacy. (Ememption 7(C))
i The mformation consists of names of individuals and other irdormation the disclosure of wnich could reasonably be enoected to revealidentities of confidential sources. (Ememption 7 (00 OTHEN l
PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25(b) and 'or 9 26fcl of the U S. Nuclear Regulatory Commission regulations. it has been determined that the mformation withheld is exempt from pro-duction or desclosure and that its production or disclosure is contrary to the put.bc mterest. The persons responsible for the denial are those officials identif ed below as deriymg officials and the Director, Div.s.on of Freedom of Information and Pubhcattons Services. Office of Admmistratson. for any denials that may be appealed to the Executive Director for Operations (EDO) l l
DENYING OFFICIA1.
TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL l
Executive Assistant, Office of N
SEC N IG l Sandy M.
Joosten the Secretary of the Commission Apndx. A X
l l
l l
l l
PART 11. D-APPEAL RIGHTS The denial by each denying oftcial identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writing withm 30 days of receipt of this response. Appeals must be addressed as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General, U S. Nuclear Rnulatory Commission, Washmoton, DC 20555, and should clearly state on the envelope and m the letter that it es an " Appeal from an Imtial FOl A Decision."
l l
NRC FORM 464 (Part 2) (191)
U.S. NUCLEAR REGULATORY COMMISSION l
R3: FOIA-96-346 4
APPENDIX A DOCUMENTS BEING WITHHELD IN PART NUMBER DATE DESCRIPTION 1.
7/2/96 SECY PAPER: SECY-96-149: Office of Investigations Annual Report, Fiscal Year 1995 (56 pages)
[ Exemption 7a]
i i
l b
i i
I a
i i
l l
5 i
1 s
4 j