ML20134G898
| ML20134G898 | |
| Person / Time | |
|---|---|
| Issue date: | 11/05/1996 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Killoren R PENNSYLVANIA STATE UNIV., UNIVERSITY PARK, PA |
| Shared Package | |
| ML20134G901 | List: |
| References | |
| FOIA-96-418 NUDOCS 9611130427 | |
| Download: ML20134G898 (3) | |
Text
/lSA O US. NUCLEAR HEUULATOH y COMM1SSIUN NHC FOIA REQUEST NUMBEH(5)
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FOIA - M6-f/f RESPONSE TYPE RESPONSE TO FREEDOM OF XI FINAL l l PARTIAL 5
INFORMATION ACT (FOIA) REQUEST DATE
\\,.e.e NOV 0 51995 e
DOCKET NUMBER (S)(//apphcablef A.
PART I.-AGENCY RECORDS RELEASED OR NOT LOCATED fSee checked boxes)
No agency records subject to the request have been located.
No tdditional agency records subject to the request have been located.
Requeste.J 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 regi est that are identified in Appendix (es) are being made available for public inspection and copying c.t 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 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 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 copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
Agency records subject to the request are enclosed.
R cords 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 $
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I You will receive a refund from the NRC in the amount of $
In vi:w of N RC's response to this request, no further action is be ng taken on appeal letter dated
, No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE CIrtain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part II, 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 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 P/
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AnhiATUR E, DIR ECT, IVI N OF f EEDOM B
RMAIlON AND PUBLICATIONS SERVICES
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FOIA NUMeEMsl DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA -g @
M05E (CINTINUATitN) l PART 11.8-APPUCABLE EXEMPTIONS l
Records subject to the request that are described in the enclosed Appendix (es) 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.
- 1. The withheld mformation is property classified pursuant to Executive Order. (Exemption 1)
- 2. The withheld mformation relates so6ely to 'he internal personnel rules and procedures of NRC. (Exernption 2) l l 3 The withneld mformation is specificady exempted from public desclosure by statute indicated. (Exemption 3)
Sectione 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 information is a trade secret or commercial or financial information that is berg withheld for the reasonis) indicated. (Exemption 4)
The mformatson is consedered to be confidential busmess (proprietary) information.
5 mformation is considered to be propnetary mformation pursuant to 10 CFR 2.790(dit1).
The mformation was submitted and received in confidence pursuant to 10 CFR 2.790(dH2).
I 5. The withheid mformation consists o (Exemption 5). Applicable Privilege:
Dehberative Process: Disclosure of predecisional mformation would tend to mhibit the open end frank enchange of ideas essential to the deliberative process.
Where records are withheld m their entirety, the f acts are inentncably mtertwmed with the predecisional mformation. There also are no reasonably segregable factual portsons because the release of the f acts would permit an indirect inquiry into the predeciseonal process of the agency.
Attorney work product pnvilege (Documents prepared by an attorney m conte nplation of litigation i Attorney client privilage. (Confidential communications between an attorney and his/her client.)
6, The withheld mformation is enempted from public disclosu e because its disclosure would result m a clearly unwarranted mvasion of personal pnvecy. (Exemption 6)
- 7. The withheld mforenation consists of records compiled for law enforcement purposes and 6s bemg withheld for the reasonis) indicated. (Exemotion 7)
Disclosure could reasonably be expected to interfere 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 wrongdoing or a violation of NRC requirements -
from investigators. (E nemption 7 ( A))
Disclosure would constitute an unwarranted invaseon of personal privacy. (Exemption 7(C))
The ir; formation consists of names of individuals and other information the disclosure of which could reasonably be emoected to reveal identities of confidential sources. (Exemption 7 (D))
'OTHER l
PART li. C-DENYING OFFICIALS i
Pursuant to 10 CF R 9.25tb) and/or 9.25(c) of the U.S. Nuclear Regulatory Comm<ssion regulations, it has been determmed that the information withheld is exempt from pro.
duction or disclosure, and that its production or disclosure is contrary to the public mterest. The persons responsible for the deneal are those officials identified below as denymg of ficials and the 04 rector, Division of Freedom of Information and Pubhcations Services, Otfice of Administration, for any dentals that may be appealed to the Executive D. rector for Operations (EDO).
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DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL l /.V b+ee 0W, /
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l PART 11. D-APPEAL RIGHTS i
The denial by each denying officia! identified in Part Ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writing within 30 days of receipt l
of this response. Appeals must be addressed as appropriate, to the Executive Director for Operations, to the Secretary of the Commissior or to the inspector General, U.S. Nuclear Re:ptattry Comminion, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an Appeal from en initial FOl A Decision."
l NRC FOLM 464 (Part 2) (1911 U.S. NUCLEAR REGULATORY COMMISSION I
1 Re:
FOIA-96-418 I
APPENDIX A RECORDS BEING WITHHELD IN THEIR ENTIRETY i
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DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.
08/19/96 Evaluation by the Source Evaluation Panel for Maintenance of TRAC-BWR Thermal-Hydraulic Simulation Computer Code for Reactor Transients (9 pages) EX. 5 d
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