ML20129G156

From kanterella
Jump to navigation Jump to search
Final Response to FOIA Request for Documents.App a Records Completely Withheld (Ref FOIA Exemption 7)
ML20129G156
Person / Time
Issue date: 09/19/1996
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Weyl P
AFFILIATION NOT ASSIGNED
Shared Package
ML20129G161 List:
References
FOIA-96-369 NUDOCS 9610020181
Download: ML20129G156 (3)


Text

~

U.d. NuGLEAM MtbuLAfdctY COMMelON NHG FQ6A HEQutSr NUMBER (5)

FOIA

'74-34 7

'[

RESPONSE TYPE

(,

RESPONSE TO FREEDOM OF F1 FINAL l l PARTIAL INFORMATION ACT (FOlA) REQUEST gp j g gg OOe-nu mS--.,

//c, fhe, Whb PART l.-ACENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes)

No agency records subject to the request have been located.

No cdditiorial 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 Cocument 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 et th3 NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA number.

The 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 N RC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOIA number.

Agency records subject to the requpst that are identified in Appendix (es) may be inspected and copied at the N RC Local Public Document Room identified in the Comments section.

Enclosed as information on how you may obtam access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W, t"ashington, DC.

Agency records subject 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.

Fees You will be billed by the NRC for fees totaling $

You wii receive a refund from the NRC in the amount of $

In vi1w 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 C:rtiin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Pcrt 11, 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 inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number, COMMENTS l

l l

l y),

s e

{

l m

$1hfMTU,;E, DIR ECTOFL FREEDy INFORMATION AND PUBLICATIONS SE*t(ICES EC FIRM and (Part ilit 911

FOiA NUMetRts)

DATE RESPONSE TO FREEDOM OF INF'ORMATION ACT (FOIA) REQUEST FOIA - 7/.M7 35 & 1 (CONTINUATION)

PART 118-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, The withheld mformation is properly classrfed pursuant to Executive Order. (Exemption 1)

2. The withheld mformation relates solely to the internal personnel rules and procedures of NRC. (Exemption 21 l

l 3. The withheld mformation es specifically esempted from public disclosure by statute 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. 2161-2165).

Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards informaten (42 U.S.C. 2167).

4. The wethheld informafron is a trade secret or commercial or fmancial mformation that is being withheld for the reason (s) indicated. (Exemption 4)

The mformation is considered to be confidential busmens (propnetaryl mformation.

The mformation is considered to be propnetary informetion pursuant to 10 CFR 2 790tdHil The mformation was submitted and received in confidence pursuant to 10 CFR 2 790ddit21

.s

-.,S The withheld mformaten consists of mteragency or intraagency records that are not available through discovery during htigaten (Exemption 6), Afspbcable Privilege:

Delsberative Process. Disclosure of predecisional mformation would tend to mhebst the open and frank enchange of ideas essential to the deltrative process Where records are withheld m their enterety, the f acts are mentricably mteriemed with the predeces.onal mformation There also are no reasonably segregable f actual portions because the ratesse of the facts would permit an mdirect mquiry mto the predecessonal process of the agency Attorney work produc t pnvile'ge (Documents prepared by an ariortue, an contemplarion of heigation i Attorney-client pnvil;ge. (Confidential communications between an attorney and his/her clientj 6 The withheld mformation is enempted from pubhc disclosure because its disclosure would result m a clearly unwarranted invasion of personal privacy. (Exemption 6)

7. The withheld mformation consists of records compiled for law enforcement purposes and is bemg withheld for the reasonis) indicated (Exernption 7)

Disclosure couki reasonably be espected to interfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of I

enforcement efforts, and thus could possibly allow recipients to take acten to shield potential wrongtfomg or a yaolation of NRC requirements from investigators (Enemption 7 (All 1

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

The mformation consists of names of indivirtuals and other moormat.on the d.sclosure of which could reasonabe, be emoccted to reveal identities of confidential sources. (Enemption 7 (D))

OTHtH l

PART li. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25tbl and or 9 25(c) of the U S Nuclear Regulatory Commas.on regWat>ons, et has been determined that the mformation withheld is enempt from pro-duction or d sclosure. and that its product on or d sclosure is contrary to the pubbc interest The persons responsible for the denial are those officials identified below as denying off.cials and the D rector. D.v.s on of Freedom of informat,on and Pubhcations Services. Of fice of Admmistration, for any den,als that may be appealed to the Executive Director for Operations IE001 l

DENYING OFFICIAL TI TLEiOFFICE RECORDS DENIED APPELLATE OFFICIAL

[ x A' L4

/> M,, &

  1. /

-x EDO SECRETARY IG r

7 r W l

l 1

l PART 11. D-APPEAL RIGMTS The d;mst by each denymg official identified in Part it.C may be appealed to the Appellate Official identif.ed there. Any such appeal must be made in writing withm 30 days of receipt of thhs response. Appeals must be addressed. as appropriate, to the Execut.ve Director for Operations. to the Secrersry of the Commission. or to the Inspector General, U S. Nuclear Rvf story Commission, Washington, DC 20555, and should closely state on the envelope and m the letter that it is en ~Appeat from an initial FOIA Decision."

d N ".C FORM 464 (Part 2) (191)

U.S. NUCLEAR REGULATORY COMMISSION

Re:

FOIA-96-369 APPENDIX A RECORDS TOTALLY WITHHEW MMBER DAIE DESCRIFTION & EXEMPTION s

1.

Report of Inv(stigation 1-95-050 EX. 7A 4

l i

l 4

.,. - -, _