ML20132A423

First Partial Response to FOIA Request for Documents. Forwards Documents Listed in App a & B.Portions of App B Documents Withheld in Part (Ref FOIA Exemption 4)

ML20132A423
Person / Time
Issue date:	12/09/1996
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Hung Y AFFILIATION NOT ASSIGNED
Shared Package
ML20132A426	List: ML20132A423 ML20132A449 ML20132A460 ML20132A473
References
FOIA-96-459 NUDOCS 9612160072
Download: ML20132A423 (4)

Text

U.b. NUULcAH NthULAIUH Y CUMMihiUN NRC f oi ' REQUEST NvMBERIS)

FOIA 459

/ -e%4 RESPONSE TYPE y -

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g RESPONSE TO FREEDOM OF l FINAL p] PARTIAL U S t)

INFORMATION ACT (FOIA) REQUEST DATE

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s DOCKET NUMBER (Si(// app /, cable)

AEQUESTE R Y.T. Hung PART 1. AGENCY RECORDS RELEASED OR NOT LOCATED (Seecheckedboxes)

No agency records subject to the request have been located.

No cdditional agency records subject to the request have been located i

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.

X Agency records subject to the request that are identified in Appendix (es)

A are being made available for public inspection and copying 1

ct the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number, j

The 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 I

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.

Enclosed is infortnation on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, X

N.W., Washington, DC.

X 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.

J Fees You will be billed by the NRC for fees totaling 5 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 Carttin 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 Jre 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 FOI A number.

COMMENTS

• Copies of records A1, A3 and the releasable portions of record B1 are enclosed. Record A2 is copyrighted and is available for inspection ONLY at the NRC's Public Document Room.

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NRC F%M 464 (Part Ilif 91)

PORA NUldeERisi DAYE a

RESPONSE TO FREEDOM OF INFORMATION ACT(FOlA) REQUEST FOlA 459 09Im (CONTINUATION)

PART 11.5-APPLICA8tE EXEMPTIONS I

Records subject to the request that are described in the enclosed Appendix (es)

R 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 mformaten is properly classified pursuant to Executive Order. (Exemption 1)

2. The withheld mformation relates solely to the mtemal personnel rules and procedures of NRC. (Exemption 2)

3. The withheid mformation is specifically exempted 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).

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

)( 4. The withheld information is a trade secret or commercial or fmancial iriformation that is being wrthheld for the reasontsi indicated. (Exemption 4) l t

The mformation is considered to be confidential buseness lproprietary) mformaten.

The information is conssdered to be propnetary informaten pursuant to 10 CFR 2.790(dH1L The information was subm:tted and received m confidence pursuant to 10 CFR 2.790idH21 t

l5. The withheld mformaten Consists of interagency or miraegency records that are not availabae through discovery during litigsten. (Exemption 5). Apphcable Privilege:

Delsberative Process: Desclosure of predecisional information would tend to mhibit the open and frank enchange of ideas essential to the dehbersteve process.

l Where records are withheld m their entarety, the facts are inestricably er'tertwined with the predecisenalinformation. There also are no reasonably segregable f actual portens because the release of the facts would permit en indirect mquiry irito the predecisional process of the agency Attorney work psoduct privilege IDocuments prepared by an attorney in contemplation of litigation i Attorney-client privilege. (Confidential communications between an attorney and his/her chent.)

6. The withheld mformation is exempted from public disclosure because its disclosure would result m a clearly unwarranted invasion of personal pasvacy. (Exemption 61 I

7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reasonist mdicated. (Exemption 7)

Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could revea: ;he scope, direction, and focus of enforcement efforts, and thus could possibiy allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from investigators. (E memption 7 ( A))

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

t The mformation consists of names of endividuais and other itsformation the dtsclosure of whech could reasonably be espected to revealidentitses of conhdential sources. (Exemption 7 (D1)

OTHER l

PART 11. C-DENYING OFFICIALS I ductson or d.sclosure, and that its productiors or disclosure is co Pursuant to 10 CF R 9 25(b) and/or 9.254c) of the U.S. Nuclear Regulatory Commiss<on regulations. it has been determined that t e mformation withheld is exempt from pro.

h The persons responsible for the denial are those officiais identified below as denying officials and the Director. Division of Freedom of information and Publications Services. Office of Administration, for any den. sis that may be appesied to the Executive Director for Operations (EDOL l

DENYING OFFICIAL TITLE iDFFICE RECORDS DENIED APPELLATE OFFICIAL "o

I Executive Assistant, Office of

[ Sandy eloosten the Secretary nf thn OnrrH ssinn Ann. R X

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$l PART 11. D-APPEAL RIGHTS The dinial by each denymg official identified in Part it.C may be appealed to the Appellate Of0cial identified there. Any such appeal must be made in wnting within 30 days of receipt of this response. Appeals must be addressed, es appropriate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear i

R?gulatory Commissen, Washingtori, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an initial FOI A Decisen."

i NRC FORM 464 (Part 2) (1-91)

U.S. NUCLEAR REGULATORY COMMISSION

Re: F01A-96-459 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY I

(If copyrighted identify with *)

NO, QATE DESCRIPTION /(PAGE COUNT) 1.

11/28/95 Excerpt of Memorandum to files from Michael Tschlitz,

Subject:

Courtesy Visit-General Electric Nuclear Energy (1 page)

(PAGES 1 AND 3 OUTSIDE SCOPE OF REQUEST. ONLY PAGE 2 IS ENCLOSED) i 2.

11/95

• Article on Taiwan from Nuclear Engineering International '

(5 pages) 3.

6/10/96 Letter to Chairman Jackson from S.R. Specker, General Electric Company (1 page) l es fj p o

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l Re: FOIA-96-459 1

APPENDIX B i

7 RECORD BEING WITHHELD IN PART i

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DATI DESCRIPTION /(PAGE COUNT)/ EXEMPTION i

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12/19/95 Memorandum for The File from Janice Dunn Lee,

Subject:

Courtesy Meeting with Dr. Y.Y. Hsu, Chairman, Taiwan Atomic Energy Council (2 pages) EX. 4 e

a:

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