ML20133F930

Fifth Partial Response to FOIA Request for Documents. Forwards Documents Listed in App I Being Withheld in Part (Ref FOIA Exemption 4)

ML20133F930
Person / Time
Issue date:	01/03/1997
From:	Pool M NRC OFFICE OF ADMINISTRATION (ADM)
To:	Hung Y AFFILIATION NOT ASSIGNED
Shared Package
ML20133F933	List: ML20133F930
References
FOIA-96-459 NUDOCS 9701150070
Download: ML20133F930 (3)

Text

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U.S. NUCLEAR REGULATORY COMMISSION NRC FOIA REQUEST NUMBER (S) l M 000 p q'\

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• FOIA 96-459 RESeONSE TveE g RESPONSE TO FREEDOM OF l FINAL l)( l PARTIAL (5th)

INFORMATION ACT (FOIA) REQUEST oATE

(...e. JAN 0 31997 DOCKE T NUMBER (S) U/ app /, cable /

REQUESTER Y.T. Huna PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes /

No agency records subject to the request have been located.

No additional 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 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 at the NRC Public Docurnent Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

Th2 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 FOI A nurnber.

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 information on how you may obtain access to and the charges for copymg records located at the NRC Public Document Room,2120 L Street, 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 You will be billed by the NRC for fees totaling $

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

In vi1w 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 Cert:in information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in P rt 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 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, COMME NTS A Copy of the releasable portions of the record identified on Appendix I iS enclosed.

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SIGNATURE, DIRECTOR, DIVISION Of F REEDOM OF I ORMATION PUBLI TIONS SE R VICES

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a FotA NUedleEMS) DATf r , RESPONSE TO FREEDOM OF INFORMATION ACT(FOIA) REQUEST FOlA 459 (CONTINUATION) 'JAN 0 2199 l PART II.8-APPUCA8tE 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 I Exernption No.(s) and for the reeson(s) given below pursuant to 5 1, The withheld information is property classafed pursuant to Executive Order. (Exemption 1)

2. The withheld information relates solely to the internal personnel rules and procedures of NRC. (Ememption 2)

3. The withheld informaten es specafcaey esempted from pubhc disclosure by statute indcated. (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. 21612165).

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

4. The withheld oformation se a trade secret or commercial or fmancial eformation that is bemg wethheld for tre reason (s) indicated. (Exemption 4)

The mformaten is considered to be conhdential busmess loropnetaryl mformation.

The informatson es considered to be propnetary enformation pursuant to 10 CFR 2.790(dHIL The informaten was submstted and received in confidence pursuant to 10 CFR 2 790tdH2L

5. The withheld mformaten consista of enteragency or mtraagency records that are not avsetable through discovery dunng litigsten (Exemption 5), Applicable Privilege:

Dehberative Process Disclosure of predecisional mformation would tend to mhsbet the open and frank enchange of edeas essential to the deleberative process.

Where records are withheld m ther enteety, the f acts are sneutrecably entertweed with the predeCassonal enformatson. There also are no reasonably segregable factual portione because the release of the facts would permit en enderect mquiry ento the predecisional process of the agency.

Attorney work product pr velege fDocuments prepared by an attorney m contemplation of htigation i Attorney client privilege. (Confidential communications between an attorney and his/her client.)

6. The withheld mformation is enempted from pubhc disclosure because ets disclosure would resut m a clearly unwarranted mvasen of personal pnvecy. (Exemption 6)

7. The wethheld mformation consists of records compeled for law enforcement purposes and is being wethheld for the reason (si andscated (Exemption 7)

Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wronpoing or a violation of NRC requirements from investigators. (Exemption 7 ( A))

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

The mformatsop consists of names of mdeviduals and other mformation the dejclosure of which could reasonably be enoected to reveal identaties of confidential sources. (Exemption 7 (D))

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l PART 11. C-DENYlNG OFFICIALS Pursuant to 10 CF R 9.25(b) and/or 9.25(c) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is enempt from pro-duction or daciosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial are those offecials identified below as denying officials and the Director, Division of Freedom of Information and Pubhcations Services. Office of Administration, for any denials that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE Of flCIAL l

EDO SECRETARY IG D rector, Office of International arlton R. Stoner ppgp, Anoendix I y I

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l l PART 11. D- APPEAL RIGHTS The danial by asch denying othcial identified in Part li.C may be appealed to the Appellate Official identified there. Any such appeal must be made m writmg within 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the Executive Director for Operations to the Secretary of the Commession, or to the inspector General, U.S Nuclear Regulatory Commission. Washingtor; DC 20555, and should clearly state on the envelope and in the letter that at is an " Appeal from an Initial FOI A Decision."

NRC FORM 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION

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1 Re: FOIA-96-459 APPENDIX I RECORD BEING WITHHELD IN PART j

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$3J L- JL.,/ }ja 8381OldCourthemseReed Sehe320 Vleman,VA 22182 0 03)893 1880 Fax 003)3931881 FOLA/PA REQUEST Case No: 9lo- 46 9 -

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Mr.RussellPowell ChiefofFreedom ofInfonnation Act, Nuclear Regulatory Commission Two White Flint North Building T-6D4 ,

Washington, DC 20555 i l

Dear Mr. Powellteary This is a request pursuant to the Freedom ofInformation Act (FOIA), 5 U.S.C. Section 552, a

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et al,'American citizens, the following:

Ihlereby'igestinBehalf (1) Any and all doelmmts, agreements, notes, electronic records, reports, communications and memorandum pertaining in whole or in part to the Lungmen Nuclear Power Project located in Taiwan, 'mcluding, but not limited to:

i. all documents relating to the entire Lungmen project, not just the components and work provided by the General Elcetric Company '(GE);

or GEs contractors, affiliates in the U.S.A. and in Japan.

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all docwaent> t,ciween or amwg the NSC and ot!c e.gc::cies of the United States Government, including, but not limited to the Export-Import Bank, NRC, DOE, and the State Department.

(2) Any and all documents, notes, electronic records, reports, communications an memorandum pertaining in whole or in part to efforts by the Taiwan govemment and/or Taiwan business concems, such as the Taiwan Power Company, to obtain nuclear related information or technol6gy from U.S. companies.

Due to the substantial public and Congressional interest in ensuring that the health, safety environmmtal impact cdtrently surrounding the proposed sale of nuclear equipment, mate and related services to Taiwan, request that the NSC expedite the process of making a documents requested, and to not treat this request in a "first-in, first-out" manner. .

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l l u withoutvaiting Further request that you dsclose these materials as they bec until all the dowments have been assembled. h FOIAprovidesthat We are prepared to pay normal rearch fees and copying fees.

ihi theinformationcanbe you may waive fees ifit 'is in t!:e public interest because furn s n considered as primarily benefiting the public," i 5 U.S.C.

We further SectionWel request that you waive all fees in connection w .

request that you notify us if you expect fees toifexceed tion $50. I l

We appreciate your help in obtaining il this information. Sh '

concerning this request, we would appreciate yo ,

Verytruly youn, f s

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\ Virginia 22182. Telephone: 003)893-1880 Fac P03)893-1 ImOfweof Y. T.RangRteI DM (%redusuo Rmut .%ite 320 Vienna.