ML20134G690
| ML20134G690 | |
| Person / Time | |
|---|---|
| Issue date: | 02/06/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Hung Y AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20134G694 | List: |
| References | |
| FOIA-96-459 NUDOCS 9702110005 | |
| Download: ML20134G690 (3) | |
Text
__
\\DtL(9 U.S. NUCLEAR REGULATORY COMMisslON NRC FOIA REQUEST NUMBE RfS)
[,
FOIA 96-459 i
RESFONSE TYPE
- [
RESPONSE TO FREEDOM OF xl FINAL (6th} l l PARTIAL INFORMATION ACT (FOIA) REQUEST o^'E l
FEB 0 6 B97 DOCKET NUMBE R(S)(/f apphcab/e/
EEQUEST E R Y.1. Hung PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)
No agency records subject to the request have been located.
No additional agency records subject to the request have been located.
R quested records 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 at the NRC Public Document Room,2120 L street, N.W., Washington, DC.
1 Agency records subject to the request that are identified in Appendix (es) are being made available for public inspection and copying j
tt 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 NRC Public Document Room,2120 L street, N.W., Washington, DC, in a folder under this FOI A number.
l Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document i
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 Public Document Room,2120 L Street, j
ftW., Washirigton, DC.
Agency re.:ords subject to the request are enclosed.
l Rrcords subject to the request have been referred to another Federal agency (ies) for review and direct response to you, l
X Fees y
You will be billed by the N RC for fees totalang $
You will receive a refund from the NRC in the amount of $
j 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 Ccrtrin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Ptrt 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 public j
X inspectica and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number, COMMENTS A copy of the releasable portions of the record identified on Appendix J is enclosed.
The fees for processing your request are:
2 hrs. 45 minutes professional search (minus 2 free hrs.) 0 $33.30 per hr. = $25.20 1 hr. 25 minutes clerical search 0 $15.79 per hr.
= $22.29 TOTAL
= $47.49 0I
!~
f) A m
SIGNA UnE, DIRECTOR. IVISION F F REE M OF INFORMATION AND I'ULUCATIONS SERVICES N J_
8 or
- " g:
4; gR W,
sdyp s,
s y'
s 4702110005 970206
- M.?.
. s.m
.,. r mm...... i,. m
.m l
FOI A hiUMeEnW DATE RESPONSE TO FREEDOM OF
'INFORMATION ACT (FOIA) REQUEST FOlA 96-459 5 0 6E (CONTINUATION)
[
PART N.B-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es)
J
.re bein9 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.
- 1. The withhend mformation is properly classified pursuant to Executive Order,(Exemption 1)
- 2. The withheld information relates solely to the anternal personnel rules and procedures of NRC. (Exemption 2) l l3. The withheld information is specifically exempted from public disclosure by statute 6ndicated. (Exemption 3)
Sections 141145 of the Atomec Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.SA 2161-2165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
)(
- 4. The withheld enformation is a trade secret or commercial or fmancial mformation that is bemg withheld for the reasontsi indicated. (Exemption 4) 1 The mformation as considered to be confider..at bummess (propnetaryl mformation j
o The enformation is considered to be propnetary information pursuant to 10 CFR 2 790tdH11 The mformation was submitted and received in confidence pursuant to 10 CFR 2 790 ldh 2) or sists of enteragency or intraagenc[ records that are not available through discovery during letigation (Exemption 5). Apphcable Privilege:
- 5. The withhend mfort stoor Deliberative Process. Disclosure of predecisional mformation would tend to inhsbit the open and tranli enchange of ideas essentsal to the dehberative process.
Where records are withheld m their entirety. the f acts are sneatncably mtertwined with the predecisional enformation. There also are no reasonably segregable f actual portions because the release of the f acts would permet an mdirect inquiry mto the predecisional process of the agency Attorney work product pnvilege (Documents prepared by an attorney in contemplation of htigation 1 j
Attorney client pnvilege. (Oonfidential communications between an attomey and his/her chent.)
- 6. The withheld mfortnation is enempted from pubhC disclosure because its disclosure would result m a clearly unwarranted mvasion of personal pnvecy (Exemption 6)
- 7. The withheld enformation consists of records compiled for law enforcement purposes and es bemg withheld for the reasonist mdicated (Exemption 7)
Disclosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of enforcontent efforts, and thus could possibly allow recipients to take action to shield potential wronylomg or a violation of NRC requirements from investigators. (Ememption 7 ( AH Disclosure would constitute an unwarranted invasion of personal privacy. (Exemption 7(Cl)
The info,mation consists of names of indivirivais and other information the disclosure of which could reasonably be emoected to reveal identities of confidential sources. (Exemption 7 (OH I
OTHLH i
l PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(b) and or 9 25tc) of the U S Nuclear Regulatory Commission regulations, it has been determmed that the information withheld is exempt from pro.
duction or disclosure, and that its production or desciosure is contrat y to the pubhc mterest. The persons responsible for the denial a'e those officials identified below as denymg officiais and the Detector. Division of Freedom of Information and Publ cat ons Services. Office of Admmistration. for any deniais that may be appealed to the Emecutive Director for Operations (EDOl.
l DENYING OFFICIAL TITL E <OF FIC E RECORDS DENIED APPELLATE OFFICIAL l
Director Office of Em
- carwy io s
I Carl ton R _ Stnihne International Pro 9 rams Appendix J Y
l t
i I
I I
l PART 18. D-APPEAL RIGHTS l
The denial by each denymg official identified in Part ll.C may be appesied to the Appellate Official identified there. Any such appeal must be made m wntmg withm 30 days of receipt of this response. Appeals must be addressed, as appropnate, to the E necutive D, rector for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear itgulatory Commission. Washmoton, DC 20555. and should clearly state on the envelope and in the letter that it is an Appeal from an Imtial FOI A Decision."
NRC l'O'.M 464 (Part 2) (191)
U.S. NUCLEAR REGULATORY COMMISSION 4
Re: F01A-96-459 APPENDIX J RECORDS BEING WITHHELD IN PART i
N0.
DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.
9/25/96 Letter to Ronald Hauber from Mary Jo LaRue (2 pages) EX. 4 J
d i
I
u m.a r u i n u r e rs u n n..v..
G.
e Y. T. HUNG W3 add JL d.Aa a
33s10WCourthemseReed Sehe324 Vienna,VA 12182 083)$931800 Fax 083)8s3-1881 FOIA/PA REQUEST l
Case No:
9/o-467 Date Roo'd-
// 9/, -
October 31,1996 gg gg RelatedCase:
Mr.Russou Powell Chief ofFreedom ofInformation Act, NuclearRegulatory Conunission Two White Flint North Building T-6D4 Washington, DC 20555 Dear Mr. PoweuLcary d
This is a request pursuant to the Freedom ofInformation Act (FOIA), 5 U.S.C. Section 552, as
- amended, I hereby fegtrestin behalf @et al, American +=<, the following:
(1)
Any and all demante. agreements, notes, electrunic records, reports, communications and memorandum pertaining in whole or in part to the Lungmen Nuclear Power Project located in Taiwan, including, but not limited to i.
all dommente reinting to the entire lamgm a project, not just the components and work provided by the General Electric Company '(GE);
or GE's contractors, aHiliates in the U.S.A. and in Japan.
II.
all docua;at:, tinween or amo.g the NSC and otleer :gencies of the United States Govemment, including, but not limited to the Export-Import Bank, NRC, DOE, and the State DepeLucnt.
(2)
Any and all dommants, notes, electronic records, reports, communiewt ons and i
nwecn i.raam pertaining in whole or in part to efforts by the Taiwan government and/or Taiwan haai-concerns, such as the Taiwan Power Company, to obtain nuclear related information or techno16gy from U.S. companies.
Due to the substantial public and Congressionalinterest in ensuring that the health, safety and environmental impact currently surrounding the proposed sale of nuclear equipment, materials, and related services to Taiwan, request that the NSC expedite the process of making available the documante requested, and to not treat this request in a "first-in, first-out" manner.
pV,g <
4 a
Q,b
/
ptd<c,rtEn K,1, l.
~
~~
~
e t
ithout waiting Funhu request that you disclose these materials as they becom until all the documents have been assembled.
O!Aprovidesthat We are prepared to pay normal search fees and gopying fee i
h i formationcanbe you may waive fees ifit "is in the public interest because fumis i
considered as primarily benefiting the public," 5 U.S.C. Section 55 request that you waive all fees in connection wit We further i
request that you nots as ifyou expect fees to exceed $50.
/
'f ti i
We appreciate your hc4 in obtainingthis information. Sho b
hone at(703) 893-1880.
I concerning this request, we would appreciate yo Very trulyyours, An
.Y kg/ ~
,(\\
1 YTH:vh l
)
Y I
4
\\
i i
003)893-1880 Far 603)893-Telephone:
Law Op1or of T. T.Mangstar nu t%rresume Raad.%ette 320. Vienna. Virgini i