ML20134B649

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Final Response to FOIA Request for Documents.Records in App a Encl & Available in Pdr.App B Records Withheld in Part (Ref FOIA Exemption 6)
ML20134B649
Person / Time
Issue date: 01/24/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Rufo V
AFFILIATION NOT ASSIGNED
Shared Package
ML20134B651 List:
References
FOIA-96-494 NUDOCS 9701310003
Download: ML20134B649 (4)


Text

fl/Wf Oy FOIA - W-k U.S. NUCLEAR REGULATORY COMMISSION NRC FOIA REQUEST NUMBER 4

RESPONSE TYPE

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RESPONSE TO FREEDOM OF XI FINAL l l PARTIAL

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INFORMATION ACT (FOIA) REQUEST DATE DOCKE T NUMBE R(S) f// apphcable/

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PART 1.-AGENCY RECORD!IRELEASED OR NOT LOCATED (See checkedboxes) l No rgency records subject to the request have been located.

No cdditional 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 Append;x(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)

M are being made available for public inspection and copying X

tt the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FO! 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 forPL:5lic 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 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.

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Agency records subject to the request are enclosed.

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g Records subject to the request have been referred to anItdr 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 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 requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part 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 FOIA number, COMMENTS

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StGNAIU E, DIREC ktOM F F REED bF ORMATION AND PUBLICATIONS SERVICES x

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DQTE RESPONSE TO FREEDOM OF alNFORMATION ACT (FOlA) REQUEST FOIA -f y JAN 2 4 iss7.

(CONTINUATION) l PART 118-APPUCABLE 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 Enemption No.(s) and for the rocson(s) given below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(a) of N RC regulations.

1. The withheld information is property classified pursuant to Executive Order. (Exemption 1)
2. The withheld mformation relates solely to the mternal personnel rules and procedures of NRC (Exemption 2)
3. The withneld mformation is specifically exempted from public disclosure by statute indicated. (Exemption 3)

Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 21612165).

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

d. The withheld mformation is a trade secret or commercial or financial information that is bemg withheld for the reason (s) indicated. (Exemption 4) l The information is considered to be confidential business (propnetaryl mformation The kiformation is considered to be propnetary mformation pursuant to 10 CFR 2 79WdH1L The mformation was submitted and received m confidence pursuant to 10 CFR 2 790(dH2L
6. The withheld mformation consests of mterage9Cy or mtraagency records that are not available through discovery during littgatinn (Exemption 5). Apphcable Privilege:

Deliberative Process: Disclosure of pIedecIssonalInformationlo'uId ter'id to inhibit the open and frank exchange of ideas essential to tne deliberative process Where records are withheld m their entirety, the f acts are mentricably intertwined wit *i the predecisionalinformation. There also are no reassably segregable f actual I

portions because the release of the f acts would permit an mdirect mouery mto the predecisional process of the agency.

Attomey work product pnvilege IDocuments prepared by an attorney in contemplation of htigation #

1 Attorney chent privilege. (Confidential communications between an attorney and his/her client.)

6. The withheid mformation is esempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy (Exemption 6)
7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. (Exemption 7)

Disclosura could reasonably be expected to interfere with an enforcement proceedmg because at 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. (E xemption 7 { All Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(C))

The mformation consists of names of individuais and other information the disclosure of which could reasonably be exoected to revealidentities of confidential sources. (Exemption 7 (DH OTHER l

PART 11. C-DENYlNG OFFICIALS Pursuant to 10 CF R 9.25(b) and 'or 9.2Sici of the U S. Nuclear Regulatory 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 mterest. The persons responsible for the denial are those officiais identifred below as denymg officials and the D. rector. Division of Freedom of Information and Pubhcations Services. Ofrce of Admmistration, for any denials that may be appealed to the Executive Director for Operations lEDOL l

DENYING OFFICIAL TIT LE ' OFFICE RECORDS DENIED APPELLATE OFFICIAL l # gf W ~

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PART 11. D-APPEAL RIGHTS Tho donial by each denymg off cial identified in Part LLC may be appealed to the Appellate Official identified there. Any such appeal must bs made m writmg withm 30 days of receipt i

of this rcaponse. Appeals must be addressed, as appropriate, to the Executive Director for Operations. to the Secretary of the Commission, or to the inspector General. U.S. Nuclear Regulatory Commission. Washington. DC 20555 and should clearly state on the envelope and m the letter that it is en " Appeal from an initial FOIA Deciseon."

NRC FORM 464 (Part 2) (191)

U.S. NUCLEAR REGULATORY COMMISSION

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Re:

FOIA-96-494 I

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APPENDIX A

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RECORDS-BEING RELEASED IN THEIR ENTIRETY i

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DATE DESCRIPTION /(PAGE COUNT) i j

1.

02/11/93 Univ. Of Penna. Radiation Safety Office Incident Record (2 pages)

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2.

02/11/93 Office Memo from Mark Selikson to George j

MacDurmon (1 page) l j

3.

03/19/93 Memorandum from Mark Selikson to Tom Grace j

with attachments (5 pages)

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4.

04/14/93 Memorandum from Larry A.

Ranahan to Mark l

Selikson Re: Radiopharmaceutical Administrations with attached 03/26/93 Memo from Mark Selikson to Larry Ranahan and l

04/23/93 minutes of the Nuclear Medicine review of the dose administration

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investigation (4 pages)

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5.

04/14/93 Memorandum from Larry A.

Ranahan to Mark Selikson Re: Draft Memorandum-Public Relations (1 page) l 6.

04/23/93 Memorandum from Mark Selikson to Rebecca l

Harmon Re: Incident in Nuclear Medicine, 2/11/93 with attached 04/30/93 Memo to Abass Alavi from Mark Selikson Re: Log book for MDP procedures (2 pages)

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05/25/93 Memorandum from Mark Selikson to Abass Alavi i

Re: MCP administrations (1 page) i i

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i Ret FOIA-96-494 APPENDIX B RECORDS BEING WITHHELD IN PART i

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DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

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06/03/93 Univ. of Pe:'.a. Minutes for June 3, 1993 Meeting of the Radiation Safety Committee (4 pages) EX. 6 i

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