ML20134B656
| ML20134B656 | |
| Person / Time | |
|---|---|
| Issue date: | 01/28/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Wagner L TEXAS, UNIV. OF, HOUSTON, TX |
| Shared Package | |
| ML20134B246 | List: |
| References | |
| FOIA-96-516 NUDOCS 9701310006 | |
| Download: ML20134B656 (4) | |
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NHC F Ow REOutsi NvM8tHtSi i
7 .,**'* FOIA 516
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- h) RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE X l HNAL RESeoNsE TveE l l eARTIAL e...e ,JAN 2 8 %
DOCKET NUMBERIS)(tf sophcable)
RE QUESTE R Louis K. Wagner, Ph.D.
PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked bomes/
No tgency records subject to the request have been located.
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No additional agency records subject to the request have been located.
R: quested recorus 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 et the NRC Public Document Rocm,2120 L St eet, N.W., Washington, DC.
Agency records subject to the request that are identified in Appendix (es) A Sre being made available for public inspection and copying X st the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOI A number.
Th3 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 F Ol A number.
Agency records subject to the request that are identified in Appendix (es) may be inspected and . jed at the NRC Local Public Document ,
Hoom identified in the Comments section. '
Fnclosed is information on how you may obtain access to and the charges for copymg records locate;d at the NRC Public Document Room,2120 L Street, N W., Washington, DC.
Agency records subject to the request are enclosed.
Ricords sub,'ect to the request have been referred to another Federal agency (ies) for revW and direct response to you.
X Fees (NONE)
You will be billed by the NRC for fees totaling $
You will receive a refund from the N RC in the amount of $ l 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 Cirteln Information in the req;saJd records is peing withheld from public disclosure pursuant to the exemptions described in and for the reasons statted in Part fl, 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, COMMENTS The records identified on enclosed Appendices A and B are responsive to your request. Copies of Appendix A records and the i releasable portions of the Appendix B record are enclosed.
You are not being assessed fees for the processing of your request since the minimal fee limit has not been exceeded. This corapletes NRC's action on your request.
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sicN.RVR E, DlR ECT I 5SION V Dt 1NFORMAPON AND PUBUCATIONS SERVICES N 1~ NR - .REE/i
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J 9701310006 970128 1 PDR FOIA i WAGNER'76-516 PDR
- WIC FORM 464 (Part il (191)
Fot A NUMBERisl DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 516 g p g g7 #
(CONTINUATION) 1 PART 18.8- APPLICA8LE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) B are bein9 withheld in thek 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 information is properly classified nursuant to Fxecutive Order. (Ememption 1)
- 2. The withheld mformation relates solely to the internal personnel rules and procedures of NRC. (Exemption 2) l l 3. The withheld 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 Forrr.orly Restncted Data (42 U.S.C. 21412165).
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 commercial or fmancial mformation that is being withheld for the reasonisi indicated. (Ememption 4)
The mformation se considered to be confidential business lproprietaryl mformation The mformation is considered to be proprietary mformation pursuant to 10 CFR 2 790(dHIL The mformation was submitted and received m confidence pursuant to 10 CFR 2 790(dH2p
- 5. The withheld mformateon consists of mteragency or mtraagency records that are not available through descovery during litigation (Exemption 5). Apphcable Privilege:
Dehberative Process. Disclosure of predecisional mformation would tend to enhibit 'the open and frank enchange of ideas essential to the dehberative process Where records are withheld en their entirety. the f acts are mentricably mtenwined with the predecisional enfo#mation There also are no reasonably seJregable f actual pyess of the agency
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Attorney work product privilege IDocuments prepared by an attorney m contemplation of lit.gation f Attorney chent privilege (Confidential communications between an attorney and his/her client.)
- 6. The withheld mformation is enempted from pubhc disclosure because its disclosure would result m a clearly unwarranted mvas on of personal privacy (Exemption 6)
- 7. The withheld mformation consists of records comried for law enforcement purposes and is being wethheld for the reasontsi indicated (Exemption 7) g Disclosure could reasonably be expected to interfere with an enforcement proceedmg because et could reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from investigators. (E xemption 7 ( A))
pj Disclosure would constitute an unwarranted invaseon of personal pnvecy. (Exemption 7(C))
Y IW The mformation consats of names of individuals and other information the destiusure of which could reasonably be emoetted to reveal identities of L. confidential sources. (Exemption 7 (D))
OTHER l
l PART H. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25(b) and'or 9 25(c) of the U S Nuctear Regulatory Commission regulations. it has been determ,ned that the mformation withheld is exempt from pro-duction or disclosure, and that its production or d'aciosure is contrary to the pubhc interest The persons resocmseble for the denial are those of ficiais identified below as denymg officials and the Director, Devision of F reedom of Information and Pubi. cations Services. Off<ce of Admmistration, for any daniels that may be appealed to the Executive Director for Operations IEDOL l OENYING OFFICIAL TITLE EOF FICE RECORDS DENIED APPELLATE OFFICIAL
[ Eoo sefm o l Luis A. Reyes Regional Administrator, Rll App. B X 1
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l l PART N. D- APPEAL RIGHTS The danial by each denyme official identified m Part ll.C may be appealed to the Appellate Official ident6fied there. Any such appeal must be made m writing withm 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the E xecutive Director for Operations. io the Secretary of the Commission, of to the Inspector General, U.S. Nuclear R:gulatory Commission. Washmoton. DC 20555, and should clearly state on the envelope and in the letter that rt 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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Re: FOIA-96-516 APPENDIX A RECORDS NAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION /PAGES
- 1. 2/92 Handwritten Notes, (2 pgs.).
- 2. 9/2/92 Letter to NRC, RII, from Daniel Torres, with two enclosures, (3 pgs.).
- 3. 9/3/92 Letter to Donna-Beth Howe, from Evelyn Watson with enclosure, (6 pgs.).
- 4. 9/9/92 Additional Operational Events Paper, (1 pg.).
- 5. 11/2/92 Follow-Up Operational Events Paper, (2 pgs.).
- 6. 12/17/92 Letter to Evelyn Watson from Donna-Beth Howe, (2 pgs.).
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< Re: FOIA-96-516 4
APPENDIX B j DOCUMENTS BEING RELEASED IN PART '
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1 NUMBER DATE DESCRIPTION / EXEMPTION 1
- 1. 8/24/92 Letter to NRC from Centro Medico De
- Mayaguez, (2 pgs.) - EX. 6.
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