ML20128Q112
| ML20128Q112 | |
| Person / Time | |
|---|---|
| Site: | General Atomics, 07000734 |
| Issue date: | 10/10/1996 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Curran D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20128Q115 | List: |
| References | |
| FOIA-96-336 SECY-96-124-R, NUDOCS 9610180225 | |
| Download: ML20128Q112 (5) | |
Text
di NOULtAH HtOULATOH y COMMsSSION NHC FQlA RtOutM NUMBEH(Si g%
FOIA 336 e
RESPONSE TYPE
,p-
.,,S 0
9 RESPONSE TO FREEDOM OF XINNAL l l PARTIAL a
INFORMATION ACT (FOIA) REQUEST s
o^Te 100T I 01995 seeee DOCKE T NuMBE R(S)(/f apphcablef RE QUESTE R Diane Curran PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)
No agency records subject to the request have been located.
No cdditional 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 Appendix (es) are already available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington DC.
y Agency records subject to the request that are identified in Appendix (es)
A are being made available for public inspection and copying at tha NRC Public Document Room,2120 L Street, N.W., Washington, DC. in a folder under this FOI A number.
Tha 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 inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a foider under this FOIA 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 information on how you may obtain access to and the charges for copying records located at the *1RC Public Document Room,2120 L Street, N.W., VLashington, DC.
y Agency records subject to the request are enclosed.
- Records subject to the request have been referred to another Federal agencybes) for review and direct response to you.
X p,y,NONE You will be billed by the NRC for fees totaling S You will receive a refund from the NRC in the amount of $
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 II,8, 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 copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.
MMENTS I
Cp' Copies of the records identified on Appendix A and the releasable portions of the records 1
identified on Appendix B are enclosed.
l
/-
SiOftr. R E, DIRECTgR. 0LVISION OF REEDp (NFORMATION AND PUBLICATIONS SERVICES tfCMwW x.
S$ @ @@p6 m
Wsys y -AM u
. M M4b s4rd.s -,....
~..t9610180225 961010 PDR FOIA CURRAN 96-336 PDR CC FORM 464 (Part 11 (191) j
FOIA NUMeER(s)
DATE FIESPONSE TO FREEDOM OF
- INFORMATION ACT (FOlA) REQUEST FOIA 96-336 100T 101995 f
(CONTINUATION) l PART li.8-APPLICABLE EXEMPTIONS 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 pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.
- 1. Tine withheld information is properfy classified pursuant to Executive Order. (Exemption 1)
- 2. The withheld mformation relates solely to the internal personnel rules and procedures of NRC. (Examption 2)
} l l3, The withheld mformation is specifically esempted from public disclosure by statute indicated. (Exemption 3)
Sections 14 l 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 21612165).
I Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
- 4. The withheld mformation es a trade secret or commercial of financial information that is being withheld for the reason (s) indicated. (Exemption 4)
X The mformation as considered to be confidential business loropnetaryl mformation, The mformation as considered to be propnetary information pursuant to 10 CFR 2 790(ditit
]
The mformation was submitted and received m confidence pursuant to 10 CFR 2 790ldil2l
- 5. The withheld mformation consists of mteragency or mtraagency records that are not availabie through discovery dunng litigation (Exemption 5). Applicable Privilege:
Deist >srative Process: Disclosure of predec$s7o$al mformation would tend to inhibit the open and frank exchange of ideas essen' to the dehberative process y
Where records are withheld m their entirety, the f acts are mestricably mtertwmed with the predecisional mformation. There also are no reasonably seJregable f actual portions because the release of the facts would permit an mdirect inquiry mto the predecisional process of the agency Attorney work product pnvilege IDocuments prepared by an attorr ey in conternplation of htigation i Attorney client privilege. (Confidential commurdcations between an attomey and his/her client.)
- 6. The withheld information is esempted from c disclosure because its disclosure would result m a clearly unwarranted evasion of personal pnvecy (Exemption 6)
- 7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated (Exemption 7)
Disclosure could reasonably be expected to mterfere with an enforcement proceeding because it could 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 j
from investigators. (Exemption 7 (AH d
i Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(C))
[#'
confidentiaJ sources. (Exemption 7 (DH The information consists of names of individuars and other information the disclosure of which could reasonably be onoected to reveal identities of r
OTHER 3
l PART 11. C-DENYtNG CFFICIALS
]
Pursuant to 10 CFR 9.2Hb) and'or 9 25tc) of the U.S. Nuclear Regulatory Commiss.on regulations it has been determined that t e information withheld is exempt from pro.
h ducts ur d'sclosure, and thJr its productroa of disclosure is contrary to the pubhc interest. The persons responsible for the denial are those officials identified below as denying of ficiais and the D. rector, D vision of Freedom of information and Publications Services. Office of Administration. for any denials that may be appealed to the Executive Daector for Operations (EDOI l
DENylNG OFFICIAL TITLE eOFFICE RECOROS Of NIED APPELLATE OFFICIAL Director Office of Nuclear
_Jm u cae w v c
IFrankJ.Miraglia s
Reactor Requlation App B-2 X
- l Executive Assistant, Office of l Sandy Joosten the Secretary of the Commission App B-1, Cl-5 X
1 l
I l
l PART ll. D-APPEAL RIGHTS s
Tne den,ai by each denying officiai ndentif,ed in part ii.C m.y be.ppeaied to the Appellate Official identif:ed there. Any such appeal must be made in wnting ehin 30 days of receipt of this response. Appeals must be addressed. as appropriate, to the E xecutive Director for Operations. to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Replatory Commission, Wa2hington, DC 20555. and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOI A Decision."
NRC FORM 464 (Part 2) (191)
U.S. NUCLEAR MGULATORY COMMISSION
-