ML20134B981
| ML20134B981 | |
| Person / Time | |
|---|---|
| Issue date: | 01/23/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Omealia M AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20134B983 | List: |
| References | |
| FOIA-97-1 NUDOCS 9701310185 | |
| Download: ML20134B981 (3) | |
Text
- U.S. NUCLEAR REGULATORY COMMISSION NRc FOIA REOVEST NUMBERIS) f s
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k[ RESPONSE TO FREEDOM OF FOIA /-PA-97-0001 u I FINAL RESPONSE TYPE l l PARTIAL
....e f INFORMATION ACT (FOlA) REQUEST DATE DOCKET NUMBE RIS)(t/apptrahte)
REQUESTE R Mr. Michael O'Mealia PART 1.-AGENCY RECORDS RELE ASED oR NOT LOCATED (See checkedboxes/
No agency records subject to the request have been located.
No cdditional agency records subject to the request have been located.
Requested records are availabie through another pubhc distribution program. See l'.omments 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 it the NRC Public Docurnent Room,2120 L Street, N.W., Washington, DC. in a folder under this FOIA number.
Th2 nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversaticn 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 FOIA number.
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.
Rrcords 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 tota!ing $
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 letser dated , No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE CIrtlin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated
)( in Part it, B, C, and D Any relused portions of the documen.s for which only part of the record is being withheld are being made available for public inspection and copying in the NHC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number, COMMENTS in a telephone conversation on January 6,1997, Ms. Gigi Rammling, of my staff, provided you with information on how to obtain a copy of item 2 of your request from our Public Document Room in Washington, DC. Item 1 of your request, reflected on the enclosed Appendix A, is being withheld under Exemption 3 as explained on page 2 of this response.
D This comp!ctes NRC action on your request. hl /
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FOIA NUMBEMS) DATs RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOlA VPA-97-0001 JAN 2 31987 (CONTINUATION) l PART 11.B- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (os) A 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 N RC regulations.
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- 1. The withheld information is property chssified pursuant to Eascutive Order,(Exemption 1) 2, The withheld mnstion relates solely to the miemal personnel rules and pros,edures of NRC. (Exemption 2) l X l3. The withheld information is specifically enempted from pubhc disclosure by statute indicated. (Exemption 3)
Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restrbted Data or Formerly Restricted Data (42 U.S.C. 2161-2165).
Secti on 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
- 4. The withheld information is a trade secret or commercial or fmancial mformation that is bemg withheld for the reason (s) indicated. (Exemption 4)
The information is considered to be confidential business (propnetaryl mformation The mformation is conssdered to be propnetary mformation pursuant to 10 CFR 2 790 ldh 1L
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The mformation was submitted and received m confidence pursuant to 10 CFR 2.790tdH21
- 5. The withheld mformation consists of mteragency or mtraagency records that are not available through discovery dunng htegation (Exemption St. Apphcable Privilege:
Deliberative Process: Disclosure of predecisional information would tend to mhibit the open and frank exchange of ideas essential to the dehberative process.
Where records are withheld m their entirety, the f acts are mentricably intertwined with the predecisional mformatsort There also are no reasonably segregable factual portions because the release of the f acts would permit an indirect inquiry mto the predecisional process of the agency.
Attorney work-product privilege tDocuments prepared by an attorney in contemplation of litigation i Attorney client privilege. (Confidential communecations between an attorney and his/her client.)
- 6. The withhold mformation is exempted from pubhc disclosure because its desclosure would result in a clearly unwarranted invasion of personal pnvecy (Exemption 6)
- 7. The withheld mformation consists of records compiled for law enforcement purposes and is being wethheld for the reason (si indicated (Exemption 7)
Disclosure could reasonably be expected to inteilers with an enforcement proceeding because it could reveal the scope, de' ction, and focus of enforcement efforts, and thus could possibly ellow recipients to take action to shield potential wrongdomg or a violation of NRC requirements pm investigators. (Exemption 7 (All Disclosure would constitute an unwarranted mvasion of personal pnvecy. (Exemption 7(C))
The entormation consists of names of mdeviduals and other mformation the disclosure of which Could reasonably be emoected to revealidentities of confedential sources. (Exemption 7 (D))
OTHER 4 d,h.C.s beCtion 2bbb, subsection (m)(1).
,lanexec)utiveagencymaynotbemadeavailabletoanypersonundersection552 title 5,A proposal i l U.S.C. (the F0IA). PART il. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25(b) and,or 9 25(c) of the U.S. Nuciear Regulatory Commission regulations, it has been determmed that the information withheld is exempt from pro-I duction or disclosure, and that its production or disclosure is con officials and the Director, Division of Freedom of information and Publications Services, Office of Admitustration, for any demals that may be appealed to the Esecutive Director for Operations (EDO).
l DENYING C= TliLEiOFFICE RECORDS DENIED APPFLLATE OFFICIAL Acting Directors Division of Append 1'x A 1 mothy F. Hagan Contracts. Office of Administrat ion X l
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l PART 13. D- APPEAL RIGHTS The denial by each denymg official identified in Part II.C may be appeated to the Appellate official identified there. Any such appeal must be made m writmg withm 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the E secutive Director for operations, to the Secretary of the Commission. or to the inspector General, U.S. Nuclear Rcgulatory Commission, Washmgton, DC 20555, and should clearly state on the envelope and in the letter that it is en " Appeal from an initial FOI A Decision."
NRC FORM 464 (Part 2) (1-91) Uf NUCLEAR REGULATORY COMMISSION 4