ML20134G228
| ML20134G228 | |
| Person / Time | |
|---|---|
| Issue date: | 02/06/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Lance English NORTHEAST OHIO REGIONAL SEWER DISTRICT |
| Shared Package | |
| ML20134G233 | List: |
| References | |
| FOIA-96-444 NUDOCS 9702100327 | |
| Download: ML20134G228 (4) | |
Text
r U.S. NUCLGAR USGEULAT@RY COMMISSION NRAIA RtOVEST NUMBER (S)
FOIA 444 th' INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE i
RESPONSE TO FREEDOM OF I FINAL
%)( l PARTIAL (6th) j DATE ese..
DOCK.ET NUMBER (S)(If apphcablef xEOUESTE R Lawrence EngliSh.
PART l.--AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes)
No agency records subject to the request have been located.
No 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 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)
I are being made available for public inspection and copying X
Ct the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI 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 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 Comrnents section.
Enclosed is information on how you may obta n 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.
RIcords 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 totaling $
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 bemg taken on appeal letter dated
, N o.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cartsin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Pcrt 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 pt,blic 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 Copies of the records identified on Appendix I are en~ Closed.
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FOtA NUMBEW81 DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOIA 444 M B C 6 1997 j 8 (CONTINUATION) l PART 11.8-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) J.
are being withheld in their entirety or in part under the 2
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 mformateon is properly classsfied pursuant to Executive Order. (Exemption 1) r
- 2. The withheld mformation relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2) l l3. The withheld mformation as specifically exempted from public disclosure by statute indscated. (Exemption 3)
Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 21612165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
'4. The withheld mformation es a trade sacret or commercial cr fmancial information that is being withheld for the reason (sl indicated. (Exemption 4)
The information es considered to be confidential busmess (proprietary) mformation I
The information as considered to be proprietary mformation pursuant to 10 CFR 2.790ldit1L 5
The information was submstted and received in confidence pursuant to 10 CFR 2.790(dH2L l5. The withheld snformation consists of mteragency or intraagency records that are not available through discovery during litigation (Exemption 5). Apphcable Privilege:
Dehberative Process. Disclosure of predecisional mformation would tend to mhibet the open and frank enchange of ideas essential to the deliberative process.
Where records are withheld m thew entwety, the f acts are enestricably mtertweed with the predecisional mformation There also are no reasonably segregable f actual porteons because the release of the f acts would permet an indirect mouiry into the predecessonal process of the agency.
Attorney work product prrvilege 4 Documents prepared by an attorne, m contemplation of l<tigation )
I, Attorney chent privilege. (Confidential commumcations between an attorney and his/her cisent,)
6 The withheld mformation is enempted from pubhc disclosure because its disclosure *ould result m a clearly unweeranted invasion of personal privacy (Exemption 6)
- 7. The withheld mformation consists of records compiled for law enforcement purposes and es being withheld for the reason (s) endicated (Exernption 7)
Disclosure could reasonably be espected to interfere with an enforcement proceedmg because it could reveal the scope. direction, and focus of l
enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from investigators. (E memption 7 ( AD Disclosure would constitute an unwarranted mvasion of personal privacy. (Ememption 7(C))
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2 The information conuts of names of ind+ duals and c.ther enformation the disclosure of wherb could reasonably be enDected to reveal identitees of conhdential sources. (Exemption 7 (D))
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l PART 11. C-DENYlNG OFFICIALS
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Pursuant to 10 CF R 9.25tb) and or 9 25(c) of the U.S Nuclear Regulatory Cornmas+on regulations. it has been determmed that ti e mformataon withheld is exempt from pro-duct;on or d:sclosure. and that its production or d,5ciosure is contrary to the pubhc interest. The persons responsible for the denial are those officials identif ed below as denymg officials and the Director. Dvuon of Freedom of Information and Pubhcat,ons Serv,ces. Of fice of Admin,$testion. for any deniats that may be appealed to the Executive Director for Operations (EDOL l
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL E
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1 Associate General Counsel for l Stephen G. Burns Hearings 4_ Enforcement and Appendix J X
Administration l
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PART 11. D-APPEAL RIGHTS The demal by each denying official identified in Part II.C may be appealed to the Appellate Officia! iMi<ed 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 mecutive Director for Operatioris 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 in the letter that it is an Appeal from an Initial FOI A Decision."
NRC FORM 464 (Part 2) (191)
U S. NUCLEAR REGULATORY COMMISSION
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Re: F01A-96 444 APPENDIX I RECORDS BEING RELEASED IN THEIR ENTIRETY NO.
DATE DESCRIFil0N/(PAGE COUNT) 1.
12/7/94 E-Mail from Bruce Berson to JGoldberg (1 page) 2.
03/13/96 E-Mail from Joseph DeCicco to S Lewis (1 page) 3.
Undated Memorandum to W.L. Axelson from Carl Paperiello
Subject:
Revised Report on Results of NRC Radiological Survey and Sample Analysis of Sewer Interceptor Under London Read. Cleveland. Ohio. Outside the AMS Facility and the AMS Manhole (32 pages) 4.
11/22/94 E-Mail from Michael Finkelstein to J Grobe and J Madera.
Subject:
Kurth AMS Report (1 page)
o Re: FOIA-96 444 APPENDIX J RECORDS BEING WITHHELD IN THEIR ENTIRETY N0.
DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.
12/07/94 E-Mail from Jack Goldberg. OGC to B Berson.
Subject:
AMS (1 page) EX. 5 ATTORNEY-CLIENT 2.
12/23/94 E-Mail from Jack Goldberg. OGC to C Jones.
Subject:
Meeting with AMS (1 page) EX. 5 ATTORNEY-CLIENT 3.
1/9/95 E-Mail from Steven Crockett. 0GC to Bruce Berson,
Subject:
Wednesday's Meeting (1 page) EX. 5 ATTORNEY-CLIENT 4.
3/13/96 E-Mail from Stephen Lewis. DGC to J DeCicco.
Subject:
AMS (1 page) EX. 5 ATTORNEY-CLIENT
. f Northeast Ohio Regional Sewer District 3826 Euclid Avenue Cleveland, Ohio 44115-2504 216 881 6600 FAX: 216 881 9709 October 18,1996
/
%g 96-MM',7 Date Rec'd:
/* *~ N Action 0ft:
Related Case:
Director, Division of Freedom ofInformation and Publications Services Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555 Re: FOlA 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 (NEORSD) visited the Lisle, Illinois, headquarters of the Nuclear Regulatory Commission's Region III pursuant to FOIA-94-494.
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) 881-6600, ext 826, if you have any questions about the foregoing.
Thank you in advance for your assistance.
Very truly yours, Lawrence K. English Assistant General Counsel ggeMS-lp, The mission of the Northeast Ohio Regional Sewer District is to enhancepublic 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 environmentalneeds of the community.
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