ML20129E775

Third Final Response to FOIA Request for Documents.App D Document Encl & Released in Part (Ref FOIA Exemption 7C)

ML20129E775
Person / Time
Site:	Crystal River
Issue date:	09/23/1996
From:	NRC OFFICE OF ADMINISTRATION (ADM)
To:	Calandra D WINSTON & STRAWN
Shared Package
ML20129E780	List: ML20129E775 ML20129E799 ML20129E833
References
FOIA-96-330 NUDOCS 9610010165
Download: ML20129E775 (3)

Text

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RESPONSE TO FREEDOM CF x l FINAL (3rd)l l PARTIAL V f \t INFORMATION ACT (FOIA) REQUEST DATE

%e eeee s ISEP 2 3 e DOCKET NUMSE R(Si (/f apphcable)

RE OUE S TE R Darlene Calandra ~

PART 1.-AGENCY RECORDS ' . LEASED OR NOT LOCATED (See checkedboxes)

No agency records subject to the request have been located.

No additional agency records sub.iect 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) are being made available for public inspection and copying ct th.) NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOlA number.

Th) nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staf f 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 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.

Agency records subject to the request are enclosed.

Arcords subject to the request have been referred to another Federal agencylies) for review and direct response to you.

X Fees You will be billed by the NRC for fees totaling S 166.90 y

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-lNFORMATION WITHHELD FROM PUBLIC DISCLOSURE Ccrtrin information in the requested records is being withheld f rom public disclosure pursuant to the exemptions described in and for the reasons stated in PIrt II, 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 X inspection and copying in the NRC Public Document Room,2120 L Street, N.W , Washington, DC in a folder under this FOl A number, COMMENTS A copy of the releasable portion of the record identified on Appendix D is enclosed.

The fees for processing your request are:

3 hrs, professional review 0 $33.30 per hr. = $99.90 Duplication of 335 pages 0 $0.20 per page = $67.00 TOTAL = $166.90 g [ tf I'

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PotA NUMetR(3) DATE 2 RESPONSE TO FREEDOM OF

', INFORMATION ACT (FOlA) REQUEST FOIA 330 SEP23is 8 (CONTINUATION) l PART l1.8- APPLICABLE EXEMPTIONS Records subject to the request thAt are described in the enclosed Appendix (es) O 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. The withheld mformation as properly classified pursuant to Executive Order. (Exemption 1)

2. Thi wr*bhold eformation relates solely to the meernal personnel rules and procedures of NRC. (Exemption 2) l l3. The w'ithheld mformation is specifically esempted from pubhc disclosure by s:stute indicated. (Exemption 3)

Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 21612165L Section 147 of the Atomic Energy Act.which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).

l l4 The withheld mformation es a trade secret or commercial or fmancial mformation that is bemg withheld for the reason (s) indicated. (Exemption 4)

The mformation is consedered to be confidential busmess (proprietary) mformation The mformation is considered to be propreetary mformation pursuant to ?O CFR 2 790td)(1)

The mformatean was submstted and received in confidence pursuant to 10 CFR 2 7904dil2L l l3. The withheld mformation consists of eteragency or mtraagency records that ar$ not available mrougn discovery ',urmg htegation (Exemption SL Applicable Privilege:

Deleberstwe Process. Disclosure of predecisional mtormateon would tend to it.% bit the open and fran' enchange of ideas essential to the dehberative process Where records are withheld m their entirety. the facts are inenti cably intertweed with the predecissoral mformation There also are no reasonably segregable f actual portiona because the release of the f acts would permit an mdirect mouiry into the predeCisional p M as of the agency Attorney work product pr vilege (Documents prepared by an af toency in contemplation of letyption )

Attorney-cfient privilege, (Confidential commumcations between an attorney and his/her chent.)

8. The withheid mformation is enempted from pubhc esclosure because its disclosure would result in a clearly unwarranted mvasion of personal pnvecy (Exemption 6)

7. The withheld mformation consists of records compiled for law enforcement purposes end as being wethheld for the reason (s) mdicated (Exemption 7) y N Disclosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of p enforcement efforts, and thus could possibly allow recipients to take acticn to shield potential wrongdoing or a violation of NRC requirements l from investigators. (Ememption 7 (AD i

Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(C))

l The mformation consists of names of moividuais and other mf ormation the $xiosure of nhech could reasonaci, be enoected to revealidentitres of

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confidential sources. (Exemption 7 (0))

I OTHER l PART IL C-DENYING OFFICIALS Pursuant to 10 CFR 9.25tbl and 'or 9 25tc) of the U S. Nuclear Reguwory Commiss.on regulations it has been determ ned that the information withheld is exempt from pro-duction or disclosure, and that its production or disclosure is contrary to the pubbc mterest. The persons responsible for the demal are those othciais identif<ed below as denymg othcials and the Director. D vision of Freedom of informat,on and Pubhcat.ons Serv,ces. Of f.ce of Adrmnistration. for any denials that may be appealed to the Executive Director for Operations (E DOL NNYING OFFICIAL TITL E / OFFICE RECORDS DENIED APPELLATE OFFICIAL l

EDO SECRETAAy IG fir. Guy P. Caputo gj rec tor Office of Investigations s

App. D X l

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l l PART 11 D- APPEAL RIGHTS The dnal by each denymg official identified in Part il C may be appealed to the Appenate Official identified there. Any vuch appeal must be made in wrrting withm 30 days of receipt I of this response. Appeals must be addressed. as appropr ate, to t R:gulatory Commission. Washington, 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 REGULATORY COMMISSION

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F01A-96-330 APPENDIX D (RECORD WITHHELD IN PART)

1. 8/8/95 Exhibit 5 to ROI 2-94-036S, Investigative Interview >

- of Individual (87 pages) EX. 7C 4

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