ML20129E642
| ML20129E642 | |
| Person / Time | |
|---|---|
| Issue date: | 07/08/1996 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20129E635 | List: |
| References | |
| FOIA-96-286, FOIA-96-A-12, REF-10CFR9.7 SECY-96-124-C, NUDOCS 9610030229 | |
| Download: ML20129E642 (1) | |
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UNITED $TATES NUCLEAR REGULATORY COMMISSION c*f 3
l W ASHINGTON, D.C. 20666 July 8, 1996 OFFICE OF THE SECRETARY MEMORANDUM TO:
James M. Taylor Exv tive Director for Operations h
C. Hoyle, Secretary FROM:
SUBJECT:
STAFF REQUIREMENTS - SECY-96-124 - FINANCIAL ASSURANCE FOR GENERAL ATOMICS FACILITIES This is to advise you that the Commission has not objected to the staff *s proposal to exercise enforcement discretion based on the circumstances described in SECY-96-124.
This decision does not represent any view on the desirability of, or direction to the staff to enter into, any settlement agreement regarding Sequoyah Fuels facility in Gore, Oklahoma.
In addition, this decision does not involve any prejudgment of any matters in litigation, including any existing or proposed settlement agreement concerning the aforementioned facility.
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Chairman Jackson Commissioner Rogers Commissioner Dieus OGC OCA OIG SECY NOTE:
THIS SRM AND SECY-96-124 RELATE TO PROPRIETARY INFORMATION AND WILL BE LIMITED TO NRC UNLESS THE COMMISSION DETERMINES OTHERWISE.
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9610030229 960923 PDR FOIA CURRAN 96-A-12 PDR
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NRC FOlA k UVEST N'NB(R(S) 9tA 286 RESPONSE TYPE
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RESPONSE TO FREEDOM OF X IFINAL l l PARTIAL INFORMATION ACT (FOIA) REQUEST o^
I E 0 2 1996 I
DOcKEi NUMBER (S)(/f apphcable/
f J.EQUESTER Ms. Diane Curran PART 1.-AGENCY RECORDS RELEASED OR NOT 4.OCATED ISee checkedbones/
No agency records subject to the request have been located.
No additional agency records subject to the request have been located.
Requested records are availabla through another public distribution program. See Comments section.
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l 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.
I Agency records subject to the request that are klentlflod in Appendix (es) are being made available for public inspection and copying j
at the NRC Public Document Rnom,2120 L Street, N.W., Washington, DC, in a folder under this FOIA number.
The nonproprietary version of the proposells) 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 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 Appendix {es) may be inspected and copied at the N RC Local Public Document Room identified in the Comments section, i
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.
Agency records subj3ct to the request are enclosed.
Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.
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Fees None You will be billed by the NRC for fees totaling $
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You will receive a refund from the NRC in the amount of $
j 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 i
Cert:in information in the requested records }s being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated rW1 X
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i COMMENTS I
You are not being assessed processing fees as the minimal fee limit has not been exceeded.
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SIGNATURE. OlhE{,TCR. DIVISION OF F REE M OF IN ATION AND PUBLICATIONS SERVICES i
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RESPONSE TO Fi IDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 286 EG 0 219%
(CONTINUATION)
I PART g B-APPLICABLE EXEMPTIONS A
are being withheld in their entirety or in part under the Records subject to the request that are described in the enclosed Appendix (es)
Exernption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(a) of NRC regulations.
l l1. The withheld mformaten is property classifed pursuant to Emeoutive Order,(Ememption 1)
- 2. The withheld informaten ietates solely to the internal personnel rules and procedures of NRC. (Exemption 2) i
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Sections 141 146 of the Atomic Energy Act. whch prohibits the disclosure of Restricted Date or Formerfy Restricted Data (42 U.S.C. 21612165).
Section 147 of the Atome Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
- 4. The withheid mformation is e trade sec;st or commercial or fmancial eformation that is bemg withheld for the reason (s indicated. (Exemption el The mformation la considered to be confidential busmess (proprietary) mformaten The information is considered to be propnetary mf ormation pursuant to 10 CFR 2 790ldill)
The artformation was submitted and received an Confidence pursuant to 10 CFR 2 790idH21
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The withheld mformation consists of eteragency or mtraagency records that are not avsetable through discovery during httgaten { Exemption 5). Applicable Privilege:
Deliberative Ptocess Disclosure of prsdocesional enformation would tend to inhibit the open and frank enchange of edeas essential to the dehberative process Where records are withheld m their enterety, the f acts are mentricably etertemed with the predecesional eformaten There also are no ressonably segregable f actuas X
portions because the release of the f acts would permit an mdarect inquiry into the predecisional process of thn agency
- r Attorney work product privelege 1 Documents prepared by an attorney en contemplation of litigation i Attorney. client privilege. (Confidential cornmunications between em suney and his/her client.)
l l l a ranted evas.on of personal privacy (E xamption 6)
,6. The withheld enlo.rnation is enerr'pted from public disciosure because its disclosure wouio resu t m a c ear y unw r j 7 ThJ withheld mformation consists of records compiled for law enforcement purposes and es being withheid for the reason (s) mdecated (Exernption 7)
Disclosure could reasonabiv be empacted to mterfere with an enforcement proceedmg because 11 could reveal the scope, derection. and focus of i
enforcement efforts. and naus could possibly ailow recipients to take acten to shield potent.el wronylomg or a violation of NRC requirements from mvestigators. (E memption 7 (All Desclosure would constitute an unwarranted invaseon of personal pnvocy (Exemption 7(C))
The information consists of names of ind.viouais anti other informatior) the (1isclosure of whit h could reasonabiy be e noected to 'eveal identities of conhdential sources. (Enemption 7 (Dl)
OTHLA PART ll. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25tb) and'or 9 25tcl of the U S Nuclear Reguietory Commission regulations et has been determined that the mformation withheld is exempt from pro-duction or disclosure, and that its production or d.sclosure.s contrary to the public mterest. The persons responsible for the den,al are those officials identified below as denymg off' cists end the Director. Divis,on of Freedom of Informat on and Publicat.ons Services. Of f ce of Administration. for any denials that may be appealed to the Executive Direc for Operations (E DO)
DENYING OFFICIAL Tif LE.OF FIC E RECORDS DENIED APPELLATE OFFICfAL Executive Assistant tO the Appendix A XX Sandra M. JOOsten Secretary ll t t L
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PART ll. D-APPEAL RIGHTS Ths d;nial by each denying officia! identified m Part 11 C may be appmed to the Appeliste Off,cial identified there. Any such appeal must be made m writi I
j of this response. Appeals must be addressed, as appropriate. to the E recutive Director for Operations, to the Secretary of the Commissir. or to the inspector Gen l !
PClatory Commission. Washmgton. DC 20555. and shouid clearly state on the enveiope and in the letter that it is an " Appeal from en initiet FOl A Decision?
U S NUCLEAR REGULATORY COMMISSION Nor muse asa sp.w w n oti
.. c 'e Ra: FOIA-96-286 1
l APPENDIX A DOCUMENTS BEING WITHHELD IN ENTIRETY i
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NUMBER DATE DESCRIPTION
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7/8/96 Staff Requirements Memorandum -- SECY 96-124 --
Financial Assurance for General Atomics Facilities
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