ML20134F882
| ML20134F882 | |
| Person / Time | |
|---|---|
| Issue date: | 02/07/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Lance English AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20134F884 | List: |
| References | |
| FOIA-96-444 NUDOCS 9702100194 | |
| Download: ML20134F882 (4) | |
Text
\ U.S. NUCLEAR REGULATORY COMMISSION NHC f OIA HEOULSt NUMBEH(S)
. . U FOIA 444 RESPONSE TYPE l RESPONSE TO FREEDOM OF
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</ h\ INFORMATION ACT (FOIA) REQUEST o^n l FINAL MB 0 71997 M PARTIAL (6th} !
DOCKEi .4 UMBER (S)(//sppliceNe/
REQUESTE R Lawrence English PART 1.--AGENCY RECORDS RELEASED OR NOT LOCATED (See checAed boxes) <
l No agency records subject to the request have been located.
No additional agency records subject to the request have been located, l
Requested records are available through another public distribution program. See Comments section, Agency records subject to the request that are identified in Appendixfes) are already available for public inspection and copying at the i NRC Public Document Room,2120 L Street, N.W., Washington, DC.
Agency records subject to the request that are identified in Appendix (es) K 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 FOIA 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 FOI A number.
Agency records subject to the request that are identified in Appendix (esk ,_ may be inspected and copied at the NRC Local Public Document Rcom identified in the Comments section.
l 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.
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 totahng S You will receive a refund from the NRC in the amount of S in view of N RC's response to this request, no further action is being taken on appeal letter dated , No.
PART 11. A-lNFORMATION WITHHELD FROM PUBLIC DISCLOSURE I l
Certain information in the requested records is being withheld f rom public disclosure pursuant to the exemptions described in and for the reasons stated '
in Part li, 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. I i
COMMENTS l A Copy of the record identified on Appendix K and the releasable portions of the records identified on Appendix L is enclosed.
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SIGNAT , DIRECTOH, DIVI REED INFORMATION AND PUBLICATIONS SE RVICES ar ~
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l FOI A NUMBE R(si DATE <
i l RESPONSE TO FREEDOM OF I INFORMATION ACT (FOlA) REQUEST F QlA ,36-444 (CONTINUATION) 79 071997 l PART 11.B- APPLICA8LE 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 Exernption 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 mformation is property classified pursuant to Executive Order,(Exemption 1)
- 2. The withheld eformatson relates solely to the miemal personnel rules and procedures of NRC. (Exemption 2)
- 3. The withheld mformation sa specifically esempted from public disclosure by statute mdicated. (Ememption 3)
Sections 141145 of the Atomic Energy Act, which proNbits 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 Unclassified Sa% guards information (42 U.S.C. 2167).
- 4. The withneld mformation is a trade secret or commercial or financial mformation that is bemg withheld for the reasontal indicated. (Exemption 4)
X The mformation is considered to be confidential busmess loropnetary) mformation The mformation is considered to be propnetary mformation pursuant to 10 CFR 2.790tditti.
The mformation was submitted and received m confidence pursuant to 10 CFR 2 790(di(2) l X l5. The withheld mformauon consists of mteragency or miraagency records that are not avadable through discovery danno litmation (Exemption 5). Applicable Privilege:
+ Deliberative Process. Disclosure of predecisional mformation would tend to mhibit the open and f*ank enchange of ideas essential to the deliberative process Wher1 records are withheld m their entirety, the f acts are snentricably mtertwmed with the predecisional mformation There also are no rwasonably segregable f actual N portions because the release of the f acts would permit an indirect enouiry mto the predecessonal process of the agency Attorney work product privilege IDocuments prepared by an attorney in contempwtion of htigation i Attor,ey-ciient privilege. (Confidential communications between an attorney and his/her chent.)
X 6. The withheid mformation is enempted from public disclosure because its disclosure would result m a clearly unwarranted mvasion of personal privacy (Exemption 6)
- 7. The withheld mformation consists of records compiled for law enforcement puiposes and is bemg withheld for the reason (s) indicated (Exemption 7) g Disclosure could reasonably be expected to mterfere 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 wrongdome or a violation of NRC requirements from investigators. (E xemption 7 ( A))
Disclosure wou6d constitute en unwarranted invasion of personal pnvecy. (Exemption 7(C))
The information consists of names of mdividuais and other informate the disciotture of which could reasonabiv be emoectea to tevealidentities of confidential sources. (Enemption 7 (D))
OTHLH l PART II. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(b) and or 9 25(c) of the U S. Nuclear Regulatory Comm.ssron regulations, it has been determ,ned that the information withheld is exempt from pro-duction or disclosure, and that its production or d sclosure is conteary to the pubhc mterest, The persons responsible for the denial are those officials identified below as tienymg officials and the D. rector. Div.seon of Freedom of Informa' ion and Pubhcat ons Services. Office of Adm'nistratmn. for any den.als that may be appeated to the E xecutive Daector for Operations tEDO)
DENYING OFFICIAL TITL E 'OF FICE RECORDS DENIED APPELLATE OFFICIAL MW G Regional Administrator EDO A. Bill Beach RIII Appendix L X l
I i I
, l PART 11 D- APPEAL RIGHTS I
The darisal by each deny ng official identified in Part ll.C may be appealed to the Appellate Officist utenuf'ed there. Any such sopeal must be made m writmg within 30 days of receipt of this response. Appeals must be addressed, as appropnate, to the Executive Detector for Operations, to the Secretary of the Commission, or to the inspector General, U S. Nuclear s
Ragulatory Commission. Washmgton, DC 20555, and should clearly state on the envelope and m the letter that #1 is an Appeal from an initie FOl A Decision."
NRC FORM 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION l
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l Re: F01A 96 444 l
l APPENDIX K l RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)
- 1. 03/18/96 EDO Principal Correspondence Control enclosing 3/18/96 letter to James Taylor from William Schatz with enclosures (63 pages)
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f Re: F0IA 96 444 APPENDIX L RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS
- 1. 01/20/95 Memorandum to W.L. Axelson from JohnGrobe
Subject:
l Management Visit to Advanced Medical Systems, Inc. (AMS)
(4 pages) EX. 4
- 2. 12/20/95 Inspection Report No. 030-16055/95006 (16 pages)
Annotations in margins withheld EX. 5
- 3. 08/08/96 Letterto{ from Cynthia Pederson (2 pages)
EX. 6 Part enc'osing 7/11/96 E-Mail from Michael Weber to D Funk and J Madera,
Subject:
Possible Allegation (1 page) l EX. 6 Entirety i
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, 9mmM M Northeast Ohio Regional Sewer District 3826 Euclid Avenue Cleveland, Ohio 44115-2504 216 881 *6600 FAX:216 881 9709 October 18,1996 FOIA/PA ggg 6 Date Rec'd: /" * ~ N - -
ActionOft:
Related Case:
Director, Division of Freedom ofInformation and Publications Services Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555 Re: FOIA Request for Documents
Dear Director:
The Northeast Ohio Regional Sewer District (NEORSD) hereby requests copies of all documents of any kind or description regarding your licensee, Advanced Medical Systems, Inc. in ;
any way whatsoever developed since representatives of the Northeast Ohio Regional Sewer District j (NEORSD) visited the Lisle, Illinois, headquarters of the Nuclear Regulatory Commission's Region ;
111 pursuant to FOIA-94-494. I The above request is made pursuant to the Freedom ofInformation Act and 10 CFR Sec.
9.15. The NEORSD has no commercial interest in the requested documents and requests a waiver of all fees pursuant to 10 CFR Sec. 9.41.
Please call me at (216) S81-6600, ext 826, if you have any questions about the foregoing.
Thank you in advance for your assistance. '
Very truly yours, 4 Lawrence K. English Assistant General Counsel The mission of the Northeast Ohio RegionalSewer Districtis to enhance public health and welfare through the etficient, cost-etfective conveyance and treatment of wastewater. This is accomplished by an organization dedicated to professionalism, fairness and consistency that anticipates and responds to the changing environmental needs of the community.
((} D/ C [ [i &f i
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ACTION EDO Principal Correspondence Control FROM: DUE: 04/12/96 EDO CONTROL: GT96170 DOC DT: 03/18/96 '
FINAL REPLY:
William B. Schatz Northeast Ohio Regional Sewer District TO:
James Taylor FOR SIGNATURE OF : ** GRN **
CRC NO:
DESC:
ROUTING:
,2.206 PETITION FOR ACTION ON LICENSE #34-19089-01 Taylor
( D BY ADVANCED MEDICAL SYSTEMS, INC. Milhoan Thompson "
Blaha Paperiello,NMSS DATE: 03/22/96 Lieberman, OE Miller, RIII ASSIGNED TO: CONTACT:
OGC Cyr SPECIAL INSTRUCTIONS OR REMARKS:
Rof. EDO 9221 *
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4 0GC 001301