ML20134E350
| ML20134E350 | |
| Person / Time | |
|---|---|
| Issue date: | 01/30/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Voth M PENNSYLVANIA STATE UNIV., UNIVERSITY PARK, PA |
| Shared Package | |
| ML20134E353 | List: |
| References | |
| CON-NRC-04-97-038, CON-NRC-4-97-38, FOIA-96-513 NUDOCS 9702060175 | |
| Download: ML20134E350 (4) | |
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hhk RESPONSE TO FREEDOM OF XtriNAL I I PARTIAL RESPONSE TYPE INFORMATION ACT (FOIA) REQUEST DATE o.e.
JAN 3 01997 o
DOCKET NUMBE A(S) U/spphcable)
REQUESTER N
PART l.-AGl#JCY RECORDS RELEASED OR NOT LOCnTED (See checked boxes /
N 3 agericy records subject to the request have been located.
N D 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 thst are identified in Appendix (es)
M are already available for public inspection and copying at the
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NRC Public Cocument Room,2120 L Street. N.W., Washington, DC.
Agency records subject to the request that are identi'ied in Appendix (es) are 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 FOI A number.
I Tb nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staf f 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 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 Pubile Document Room,2120 L Street, ND., Washington, DC.
y Agency records subject to the request are enclosed. [j Records subject to the request have been referred to anoNFederal agencybes) for review and direct response to you.
j 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 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 Certain 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 * ! "ing withheld are being made available for public inspection and copying in the N9C Public Document Room,2120 L Street, N.W., Washington, DC i folder under this FOI A number, COMME NTS A&cA w:LM
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-ya-6 9702060175 970130 PDR FOIA VOTH96-517 PDR NRC FORM 464 (Part 1) (1-91)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA -7/#8 JAN 3 0 597 (CONTINUATION)
! l PART II.B-APPUCABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or iri part under the Exernption Nods) 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.
l1. The withheld enformetson is property classified pursuant to Executive Order,(Emmption 1) l
- 2. The withheld mformation relates solely to the mtemal personnet rulein and procedures of NRC. (Ezemption 2)
Q l3. The wtthheld information is specifically enempted from public disclosure by statute indicated. (Exemption 3) p Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 2161-2165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclass;fied Safeguards information (42 U.S.C. 2167).
- 4. The withheid mformation es a trade secret or commercial or financial enformation that is being withheld for the reason (s) indicated. (Ememption 4)
The mformation is considered to be confidential busmess tpropnetaryl information The mfoi. nation is considered to be propnetary mformation pursuant to 10 CFR 2 790tdH1)
The information was submitted and recensed an confidence pursuant to 10 CFR 2 790tdH2)
- 3. The withheld mformation consists of interagency or intradgency records that are not availab6e through descovery dunng litigation (Examption 5). Applicable Privilege:
Denberative Process: Disclosure of predecisional information would tend to inhibit the open and frank enchange of sdeas essential to the deliberative process Where records are withheld m their entirety, the f acts are enemtricably intertwmed with the predecisionalinformation There also are no reasonably segregable f actual g,ortions because the release of the f acts would permit an sndirect inqusty mio the predecisional process of tne agency Attomey work product privilege iOocuments prepared by an attornev in contemplat.on of litigation i Attorney. client privilege. (Confidential communications between an attorney and his/her client.)
- 6. The withheld mformation is enempted from public disclosure because its disclosure would result m a clearly unwarranted invasion of personal pnvecy (Exemption 6)
- 7. The withheld snformation consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated (Exemption 7)
Disclosure could reasonably be expected to mterfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts, a id thus could possibly allow tecipients to take action to shield potential wrongdomg or a violation of NRC requirements from mvestigators. (Euemption 7 (All Disclosure would constitute an unwarranted mvasion of personal privacy. (Ememption 7(C))
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The information consists of naiNs of individuals and other information the disc losure of whn h could reasonaldv be espected to reveal identities of v.-
confidential sources. (Exemption 7 (CF lOTHERWg C.
Myr.+.aGC-7 %)O PART'll. C-DENYlNG OFFICIALS Pursuant to 10 CF R 9 25(b) and or 9.25(c) of the U S. Nuclear Regulatory Comm4ss,on regulations, it has been determined that the mformation w<thheld is exempt from pro-duction or d4 closure, and that its production or d sciosure is contrary to the pubhc interest The persons responsible for the den,a! are those of f,c.als ident.fied below as denying officials and tne Director, D. vision of Freedom of Information and Puubcations Se vices. Off ce of Administrat.on. for any den,als that may be appealed to the E xecutive D. rector for Operations (EDOL l
DENYING OFFICIAL TI FLOOF FICE RECORDS DENIED APPELLATE OFFICIAL EDO SECRETARY iG
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l PART 11. D-APPEAL RIGHTS The dsnial by each denymg official ident.iiod in Part ILC may be appealed to the Appellate Official identified ti ere. Any such appeal must be made m writing withm 30 days of receipt of this response. 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 kgulatory Commission, Washmgton. DC 20555, and should clearly state on the envelope and m the letter that it is an " Appeal from an Imtial FOI A Decision."
NRC FORM 464 (Part 2) (191)
U.S. NUCLEAR REGULATORY COMMISSION
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Re:
FOIA-96-513 1
APPENDIX A RECORDS ALREADY AVAILABLE IN THE PDR l
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j ACCESSION i
NO.
DATE ITUMBER DESCRIPTION /(PAGE COUNT)
.l 1.
11/04/96 9611050136 Award / Contract, NRC-04-07-038 j
(31 pages) 4 1
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i APPENDIX B RECORDS BEING WITHHELD IN THEIR ENTIRETY l
l NO.
DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.
8/28/96 NDE for Materials Properties Cost Proposal prepared August 15, 1996 in Response to Request for Proposal No. RS-RES-96-076 (8 pages) EX. j '.3 e
2.
8/15/96 NDE for Materials Properties Technical and Management Proposal prepared August 15, 1996 in Response to Request for Proposal No. RS-RES-96-076 (9 pages) EX.jf3 l
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