ML20134H089

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Final Response to FOIA Request for Documents.Records in App a Encl & Available in Pdr.App B Records Withheld in Part (Ref FOIA Exemptions 3 & 4)
ML20134H089
Person / Time
Issue date: 10/30/1996
From:
NRC OFFICE OF ADMINISTRATION (ADM)
To:
AFFILIATION NOT ASSIGNED
Shared Package
ML20134H092 List:
References
FOIA-96-400 NUDOCS 9611130523
Download: ML20134H089 (4)
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RESPONSE TYPE

! RESPONSE TO FREEDOM OF

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INFORMATION ACT (FOlA) REQUEST oATE ,

- \.e..e 100T 3 01995 DOCKET NUMBER (S)(/f apphcablel REQUESTE R Michael Richardson PART 1.-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.

l 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) A are being made available for public inspection and copying D

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 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.

p Agencyrocordssubjecttotherequestareenclosed. Appendix A and releasable portions of App. B documents are Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you. 03Cl OS9d .

Fees T)NE You will be billed by the NRC for fees totaling 5 I 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-lNFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cert in information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated yy in P rt 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 i

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. NRC FIRM 464 (Part 1) (191)

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t FotA hlUMBER(s) oATE RESPONSE TO FREEDOM OF

, INFORMATION ACT (FOIA) REQUEST FOIA 400 iET 3 (e m (CONTINUATION) l PARI 18.8- APPUCABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) O 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 CFR 9.17(a) of NRC regulations. {

i l l1. The withheld eformation is properly classified pursuant to Executive Order. (Exemption 1) l

2. The wethheld information relates solely to the intamal personnel rules and procedures of NRC. (Exemption 2) j i
3. The withheld mformation is specifically exempted from public disclosure by statute indicated. (Exemption 3)
  • j Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U.S.C. 2161-2165).

Section 147 of the Atomic Energy Act, which prohinits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).

1 l 4. The withheld information es a trade secret or commercial or financial mformation that is bemg withheld for the reason (s) indicated (Exemption 4) l The enformation is considered to be confidential busmess (propnetary) mformation I

1 The mformation is conssdered to be propnetary eformation pursuant to 10 CFR 2.790 ldh 11.

The mformation was submitted and received m confidence pursuant to 10 CFR 2 790tdH21,

5. The withheld mformation consists of mteragency or mtraagency records that are not availaole enrough discovery durmg litigation (Exemption 5). Applicable Privilege:

Deliberative Process. Disclosure of predecisional mformation would tend to mhebst the open and frank exchange of ideas essential to the deliberative process-Where records are wethheld m their entirety, the facts are inextricably intertwined with the predecisional mformation There also are no reasonably segregable f actual portions because the release of the f acts would permit an mdirect mouiry into the predecisional process of the agency Attorney work product privilege. IDocuments prepared by an attorney en contemplation of htigation 3 Attorney chent privilege. (Confidential corrniun5tions between an attorney and his/her client.)

6. The withheld mformation es esempted from pubhc disclosure because its disclosure wovid tv.. in a clearly unaarranted mvasion of personal pnvacy (Exemption 6) j
7. The withheld information consists of records compsied for law enforcement purposes and is being withheld for the reason (s) mdicated (Exemption 7}

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Disclosure could reasonably be expected to interfere with an enforcement proceedmg because et could reveal the scope, direc' ion, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shie6d potential wrongdoing or a violation of NRC requirements from investigators. (Exemption 7 (A))

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l Desclosure would constitute an unwarranted mvasion of personal pnvecy. (Exemption 7(C))

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The mformat.on consists of names of indrviduals and other mformation the desciosur e of which could reasonably be expected to reveal identities of i gg confidential sources. (Exemption 7 (DH l

A proposai iii Uit pusstess ioii ofid control l l hOuEs *41 U.S.C.

l of an executive agency, Sectionmay not ZNB, be made subsectTOTF1m7(1) available to any person . under section 552 r.ofn , title .s 5, l is e r  % a PART 11. C-DENYING OFFICIALS "*"* '" '"#*

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Pursuant to 10 CF R 975(b) and 'or 9 25(c) of the U S. Nuciear Regulatory Comm,ssion regulations. it has been determmed that the information withheld is exempt from pro.

ductson or disclosure. and that ets prrJuctrort or d sclosure is contrary to the pubhc interest. The persons respons!ble for the demal are those officials identified below as denying officials and the Director, Drvision of Freedom of informat on and Pubhcetions Services. Of fice of Administration. for any denials that may be appeated to the Executive Director

! for Operations (EDO) l DENYING OFFICIAL Ti tLE <OF FICE RECORDS DENIED APPELLATE OFFICIAL EDo SECRETARY 10 I Edward Halman Director, Division of Contracts Appendix B ~ XX l

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l PART 11. D- APPEAL RIGHTS The daniel by each denying off.cial identified in Part II.C may be appeated to the Appellate Official identified there. Any such appeal must be made in writing within 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 moulatory Commission. Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an ** Appeal from an imtial FOI A Decision."

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- NRC FORM 464 (Part 2) 4191) U.S. NUCLEAR REGULATORY COMMISSION

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r Re: FOIA-96-400 l

APPENDIX A DOCUMENT BEING RELEASED IN ITS ENTIRETY NUMBER DATE DESCRIPTION

1. 9/25/96 Purchase / Delivery Order, No. DR-96-0599. (4 pages) l l

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s l 's Re: FOIA-96-499 i

APPENDIX B DOCUMENTS BEING RELEASED IN PART NUMBER DATE DESCRIPTION l

1. 7/2/96 Quotation for Small Purchases. (1 page)

Portion withheld, EX. 4

2. various 7/19/96 Fax cover sheet from C. Hunter to M.
Mills, (1 page), released, with attachments
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a) 7/18/96 letter from C. Hunter to M.

l Mills, (1 page), released, b) 7/29/96 fax cover sheet from C. Hunter to M. Mills, (1  ;

page), released, c) 7/29/96 letter from C.

Hunter to M. Mills, (1 page), released, d) fax cover sheet from C. Hunter to M. Mills, j page detailing lowest technically acceptable l offer, and machine specification sheet, (3 1 pages), released, attaching technical proposal, (3 pages), withheld in entirety pursuant to EX. 3.

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