ML20133F754
| ML20133F754 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 01/08/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Weiser C AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20133F757 | List: |
| References | |
| FOIA-96-514 NUDOCS 9701140345 | |
| Download: ML20133F754 (4) | |
Text
U.S. NUCLEAR REGULATORY COMMISSION NHC FOIA REQUEST NUMBErilS)
FOlA 514
! a
.,e b
h O
RESPONSE TYPE r~
M RESPONSE TO FREEDOM OF xx I FINAL l l PARTI AL
")
INFORMATION ACT (FOIA) REQUEST OATE 0 8 W.
oosee DOCKE T NUMBE P(S) (/t apphcablef REQUESTJR Carl Weiser PART l.-AGENCY RECORDS RELE ASED OR NOT LOCATED (See checAed boses)
N; agency records subjoet to the request have been located.
N; additional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments section, X
Agency records subject to the request that are identified in Appendix (es)
A are already available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
Agency records subject 'o the request that are identified in Appendix (es) are 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.
The nor, proprietary 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 FOl A number.
Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Loc 91 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 itreet, N.W., Washington, 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 NONE You will be billed by the NRC for fees totaling $
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 DISCLOSU'AE i
Certain infrfmation in the req Jested records is being withheld from public disclosure pursuant to the exemp'. ions described in and for the reasons stated N
in Part if, B, C, and D. Any released portions of the documents for which only part of the record is being weithheld are being made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N.W.,Washingtori, DC in a fo' der under this FOI A number.
COMMENTS 6/
-..m SIGN ATURE, OIR E CTO V SION O EED F INFORMATION AND PUBJCATIONS SERVICES b
' q sy h., Oh. i[5.j k h,,,
0 E^^
4 T" ; Q3::
,c am
._,,aAhuw.:a.
9701140345 970108 s
NRC FORM 464 (Part 1) (1-91)
FOI A NUMBE RIS)
DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOlA 514 JAN 0 8 W7 (CONTINUATION) l PART li.B-APPLICABLE EXEMPTIONS b
Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in part under the Excrnption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. SS2(b) and 10 CFR 9.17(a) of NRC regulations.
- 1. The withheld information is properly classified pursuant to Executive Order. (Exemption 1)
- 2. The withheld mformation relates solely to the mtemal personnel rules and procedures of NRC. (Ememption 2) l l3. The withheld information is specifically esempted from public disclosure by statute mdicated. (Exemption 3)
Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Date or Formerly Restricted Data (42 U.S C. 2f 61-2165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
- 4. The withheld mformation is a trade secret or commercsal or financial mformatron that is being withheld for the reason (s) indicated. (Exemption 4)
The mformation is considered to be confidential buseness (propnetary) mformation The mformation is considered to be proprietary information pursuant to 10 CFR 2 790(dH11 The mformation was submitted and received m confidence pursuant to 10 CFR 2 790lcH2)
- 5. The withheld mformation consists of mieregency or mtraagency records that are not avadable through discovery dormg litigation (Enemption 5). Applicable Privilege:
Dehberative Process. Disclosure of predecisional information would tend to inhibst the open and fra-k enchange of ideas essential to the debberative process Where records are withheld m their entirety, the f acts are inextricably intertwined with the predecisional information There also are no reasonably segregable f actual portions t>ecause the release of the f acts would permit an indirect inquiry into the predecisional process of the agency Attorney work product pnvilege (Documents prepared by an attorney in contemplation of let.gation i Attorney. client privilege. (Confidential commumcations between an attorney and his/her client.)
1XYt
- 6. The withheld mformation is esempted from public disclosure because its d'sclosure would resuit m a clearly unwarranted invasion of personal pnvecy. (Exemption 6)
- 7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reasonis) indicated (Exemption 7)
Disolosure could reasonably be expected to interfere with an enforcement proceedino becau=* 4 e6M ed ths scw, hison. eno focus of v-i -
enforcament affvtl. anu itius suuki possioiy aitow rec pients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. (E nemption 7 ( A))
Disclosure would constitute en unwarranted mvasion of personal pnvoey. {Emamption 7(C))
yA The information consists of names of individuais and other information the disclosure of which could feehonably be emDetted to reveal ederilities of confidential sources. (Enemption 7 (D))
OTHER l
PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(b) and'or 9 254c) of the U.S. Nuclear Regulator y Commission regulations, it has been d termmed that the informat,an w thrield is exempt from pro.
duction or disclosure. and that its production or daciosure is contrary to the pubhc mterest. The persons responsible for the den.a) are those of ficia($ ident.hed below as derying officials and the D. rector, D.wis.on of Freedom of information and Pubhcations Services. Of f ce of Adm nistration, for any den.als that may be appealed to the Executive Director for Operations IEDO).
l DENYING OFFICIAL Tif LE OF81CE RECORDS DENIED APPELLATE OFFICIAL U1 rector, Uttice of coo secarT m o
l Dennis K. Rathbun Congressional Affairs Appendix B XX I
l l
I l
l PART 11. D-APPEAL RIGHTS The amal by each denymg official identified m Part ll C may be appealed to the Appeflate Official identified there. Any such appeal must be made m writmg w: thin 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the E mecutive Director for Oper** to the Secretary of the Commission, or to the inspector General, U S. Nuclear Rchtory Comemsnion. Washington, DC 20555 and should clearly state on the envelope and m the letter that it is an " Appeal from 6n initial FOI A Decision."
NRC FORM 464 (Pert 2) (1-91)
U S. NUCLEAR REGULATORY COf/ MISSION
1 1
i j
Re:
FOIA-96-514 APPENDIX A RECORDS ALREADY AVAILABLE IN THE PDR ACCESSION NO.
DATE
__ NUMBER DESCRIPTION /(PAGE COUNT)
)
1.
4/4/95 9504140210 Letter from James Taylor to j
Rep. Boehlert, with enclosures.
(18 pages) 2.
7/27/95 9508030085 Letter from James M.
Taylor to Rep. Kelly, with enclosures.
(11 pages) 3.
7/27/95 9508030057 Letter from James M.
Taylor to Rep. Gilman, with enclosures.
(32 pages) 4.
2/15/96 9602280239 Letter from Chairman Jackson to Rep. Engel, with enclosures.
(72 pages) 5.
2/15/96 9602289239 Letter from Chairman Jackson to Rep. Lowey, with l
enclosures, same as above. (4 pages) 6.
7/3/96 9607180115 Letter from Dennis Rathbun to Rep. Gilman.
(2 pages) i
l f
1
]
Re:
FOIA-96-514 APPENDIX B i
RECORDS BEING WITHHELD IN PART 1
NO.
DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.
9/26/95 Letter from the NRC Executive Director for Operations to the Congressman, regarding constituent's concerns about security of nuclear power plants, (1 page), released, j
with attachments: :
10 CFR Part 73, (32 pages),
released. :
8/17/95 letter from the Congressman to the Director, Office of Congressional Affairs, (2 pages), portions withheld, EX. 6 :
9/12/95 letter from the i
Director, Office of Congressional Affairs, to the Congressman, (1 page), portions withheld, EX.
6.
i v