ML20133F964
| ML20133F964 | |
| Person / Time | |
|---|---|
| Issue date: | 01/03/1997 |
| From: | Pool M NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Strobel H AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20133F967 | List: |
| References | |
| FOIA-96-398 SECY-87-120-C, NUDOCS 9701150078 | |
| Download: ML20133F964 (4) | |
Text
. U.S. NUCLEAR REGULATORY COMMISSION NRC FOIA REQUEST NUMBER (S)
.' FOIA 398 1
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/gM(INFORMATION RESPONSE TO FREEDOM OF ACT (FOIA) REQUEST DATE l FINAL RESPONSE TYPE l X l PARTlAL ()st)
..ae. 'JAN 0 3199/
DOCKE T NUMBER (S) f// app / cable)
,sEOUESTE R Ms. Heidi Strobel PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes/
N3 agency records subject to the request have been located.
Na 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) A are being made available for public inspection and copying X at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A 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 NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA 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.
W y 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 N RC in the amount of $
in view 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 Certiin information in the reques..d records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part 11,8, 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 FOIA number.
COMMENTS eThe records identified on enclosed Appendices A and B are responsive to your request. Copies of Appendix A records are enclosed. Appendix B records are being withheld in their entirety.
The staff is continuing to review additional records which may be subject to your request. You will be notified once this review is complete. /
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SIGNATURE. DIRECTOR. DIVISION OF REEDOM F INFORMATION AND PUBLICATIONS SERVICES
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- STROBEL96-398 PDR
a FotA NUMeE (5) DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 398 3 0 3 WW (CONTINUATION)
PART 11.5- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (esi 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 NRC regulations.
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- 1. The withheld information is property classifed pursuant to Executive Order. (Exemption 1)
X 2, The withheld information relates solely to the internal personnel rules and procedures of NRC. (Exemption 2)
- 3. The wrthheld mformaten is specifically exempted from pubhc disclosure by statute indicated. (Exemption 3) i Sections 141 145 of the Atomic Energy Act, which prohibits ttw disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C,21612165).
- i Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
- 4. The withheld informaten is a trade secret or commercial or fma9Cial information that is bemg withheld for the reason (s) indicateo. (Exemption 4) l i
The information is considered to be confidential busmess (proprietary) information. l
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The information es considered to be proprietary information pursuant to 10 CFR 2.790(d)(1L l- The mformation was submitted and recewed in confidence pursuant to 10 CFR 2.790(dH2L
- 5. The withheld mformation consists of interagency or intraegency records that are not available through discovery dunng htigation (Ememption 5). Apphceble Privilege-Deleberstrve Process: Disclosure of predecassonal mformation would tend to inhibit the open and frank enchange of ideas essential to the dehberative process.
Where records are withheld m their enterety, the f acts are mestricably etertwined with the predecisional mf ormation. There also are no reasonably segregable f actual i
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portions because the release of the f acts would permst an indirect mouery mto the predecisional process of the agency. 1 Attorney work product pnvilege (Documents prepared by an attomey m contemplation of htigation i j Attorney. client privilege. (Confidential communications between an attorney and his/her chent.) '
- 6. The withheld informatran is esempted from public desclodure because its disclosure would result m a clearly unwarranted invasion of personal pnvecy (Exemption 6) j 7, The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) andicated (Exemption 7) I Disclosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope. direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. (Exemption 7 ( A))
Disclosure would constitute an unwarranted invasion of personal privacy. (Exemption 7(C))
1 I OTHER The information consists of names of individuals and other information the disclosure of wh*ch could reasonably be enoected to reveal identities of confidential sources. (Emempt on 7 (D))
PART 11. C-DENYING OFFICIALS Pursuent to 10 CFR 9.25(b) and/or 9.25(c) of the U.S. Naclear Regul6 tory Commission regulations. It has been determined that the mformation withheld is exempt from pro-duction or disclosure, and that its production or disclosure is contrary to the pubhc interest. The persons responsible for the denial are those officials identified below as denymg officials and the Director. Division of Freedom of information and Pubhcations Services Office of Administration, for any den als that may be appealed to the Executive Director for Operations (EDO).
DENylNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL EDO SECRETARY IG CarltOn R. StOiber Director, OIP App. B X PART 11. D- APPEAL RIGHTS The denial by each danymg official identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writmg within 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the Executive D. rector for Operations to the Secretary of the Commission, ur to the Inspector General, U.S. Nuclear R:gul: tory Commissen, 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 4G4 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION
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l Re FOIA-96-398 APPENDIX A
! RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER l NUMBER DATE DESCRIPTION /PAGES j p 1. 8/28/85 Letter to Carl Thorne from James l Shea, (1 pg.).
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- 2. 9/18/86 Letter to A. Bryan Siebert from James Shea, (1 pg.).
- 3. 6/5/87 Letter to John Rooney from Marvin l Peterson, (1 pg.).
- 4. 6/23/87 Memorandum for Samuel Chilk from Harold Denton, subject: SECY 120 - Proposed Technology Transfers to the People's Republic of China, (1 pg.).
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Re FOIA-96-398 APPENDIX B DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION / EXEMPTION /PAGES
- 1. 12/12/83 Letter to Dr. Julio Torres from James R. Shea, (2 pgs.) with attachment: List of Cases, (2 pgs. ), CONFIDENTIAL, EX. 1.
- 2. 5/25/84 Letter to Carlton Thorne from J.
Zimmerman, (1 pg.) - SECRET /NSI, EX. 1.
- 3. 6/01/84 Letter to Carlton Thorne from J.
Zimmerman, (1 pg.) - CONFIDENTIAL, EX. 1.
- 4. 2/6/86 Letter to Carlton Thorne from M.
Peterson, (1 pg. ) - CONFIDENTIAL, EX. 1.
- 5. 4/15/86 Letter to J. Devine from J. Shea, i (1 pg.) - CONFIDENTIAL, EX. 1.
- 6. Paper entitled, Proposed Part 810 Transfers to the PrC, (2 pgs.) - ,
CONFIDENTIAL, EX. 1. l 1