ML20134H435

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First Partial Response to FOIA Request for Documents. Forwards Documents Listed in App a Being Made Available in Pdr.App B Records Being Withheld in Part (Ref Exemptions 4 & 5)
ML20134H435
Person / Time
Issue date: 02/06/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Hart K
MCGRAW-HILL PUBLICATIONS CO.
Shared Package
ML20134B619 List:
References
FOIA-96-493 SECY-96-097-C, SECY-96-97-C, NUDOCS 9702110294
Download: ML20134H435 (8)
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FOIA u_m l wt'

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' \[ RESPONSE TO FREEDOM OF l 'iN A L l x I PARTIAL M j INFORMATION ACT (FOIA) REQUEST o^"

(e.e.a FEB 0 61997 DOCKET NUMBER (Si(/tapphcablef REQUEST E R Kathleen Hart PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboaes)

No egency eecords 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) A

)( are being made available for public inspection and copying j tt tb3 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 Fot 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 Rcom identified in the Comments section.

Enclosed is mformation 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. l Agency records subject to the request are enclosed.

Arcords 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 $

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 Cartain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated

)( in Pzrt it, B, C, and D. Any released portions of the documents for which only part of the reccrd is being withheld are being made available for public ,

inspection and copying ir the NRC Public Document Room,2120 L Street, N.W,, Washington, DC in a folder under this FOl A number. l COMMENTS The search for and review of documents subject to your request is continuing. We will contact you upon completion of the search and review.

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94fAI R .DIRECTOH DIVtp EEDOM OflNFORMATION AND PUBLICATIONS SERVICES

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9702110294 970206 PDR FOIA HART 96-493 PDR .

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FotA NuMBERish DATE RESPONSE TO FREEDOM OF i INFORMATION ACT (FOlA) REQUEST FOIA 493 pg 06 W*

(CONTINUATION)

[ PART ll.B- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) b 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 NRC regulations.

1. The withheld mformation as properly classified pursuant to Executive Order. (Exemption 1)
2. The withheld mformation relates solely to the mtemal personnal rules and procedures of NRC. (Exemption 2) l l3. The withheld mformation is specifically enempted fecim public disclosure by statute indicated. (Exemption 3)

Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted 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 is a trade secret of Commercial or fmancial information that is being withheld for the reason (s) indicated. (Exemption 4)

The mformation es considered to be confidential business (propnetary) informaton ,

i The mformation is considered to be proprietary mformation pursuant to 10 CFR 2 790tdHIL f

XX Th' '"' '*'**" " '"b*d'*d "ad '*(***d '" caad'ac" p"'*"'a' 'o 10 CF R 2. 7 90 ldh 21.

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5. The withheld mformation consists of mteragency or mtrangency records that are not availabie through rSacovery during litigation (Exemption 5). Apphcable Privilege: j Deliberative Process. Disclosure of predecesional mformation would tend to inhibit the open and frank enchange of ideas essential to the deliberative process.

Where records are withheld in their entirety. the facts are mentricably entertwmed with the predecisional mformation. There also are no reasonably segregable f actual XX poriions because the feiease of the f acts wouid permei an mderect inquiry into the predecisionai process of the agencv Attorney worli product privilege (Documents prepared tiv an attorney in contemplation of letagation 6 Attorney. client privilege. (Confidential communications between an attorney and his/her client.)

6. The withheld mformation is enempted from public disclosure because its disclosure would result en a clearly unwarranted invasion of personal privacy (E memption 61
7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reason (s) mdicated. (Exemption 7)

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 wrongdomg or a violation of NRC requirements from investicators. lEmemotion 7 {AD I . Disclosure would constitute an unwartanted mvasion of personal privacy. (Exemption 7(C))

W The mformation conosts of names of individuais and other information the disclosure of which could reasonably be emoected to revealidentities of confidential sources. (Exemption 7 (0:)

OTHER l PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(b) and 'or 9 25tc) of the U.S. Nuclear Regtatory Commission regulations. it has been determined that the information withheld is exempt from pro-i ductton or disciosure. and that its production or d<sc:osure is contrary to the pubi,c mterest, The persons responsibie for the demas are those officiais identified below as denying i

officists and the Director. Desson of Freedom of information and Putricat.ons services. Off ce of Administration. for any denials that may be appealed to the E =ecutive Director i

for Operations (EDOL DENYING OFFICIAL TITLE:OF FICE RECORDS DENIED APPELLATE OFFICIAL l

EDo SECRETARY lo I Executive Assistant l Sandy Joosten offico nf tho Roerotarv AnnonrHv R Y l

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I l PART 11. D- APPEAL RIGHTS The dental by each denymg official identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writmg withm 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the E xecutive Director for Operetions. to the Secretary of the Commission. or to the inspector General, U.S. Nuclear R:gulatory Commission. Washmgton. 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) (1-91) U.S. NUCLEAR REGULATORY COMMISSION

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j Re: FOIA-96-493 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)

NO. DATE DESCRIPTION /(PAGE COUNT)

1. 7/7/95 Letter from Chairman Jackson to Dr. Tara O'Toole. (1 page)
2. 7/13/95 Letter from Chairman Jackson to Dr. A.

Gopalakrishnan. (1 page)

3. 7/26/95 Letter from Chairman Jackson to John Conway.

(1 page)

4. 7/27/95 Letter from Chairman Jackson to Secretary O' Leary. (1 page)
5. 8/7/95 Letter from Chairman Jackson to Prof. Dr. Dr.  !

-Ing. E. H. Adolf Birkhofer. (1 page)

6. 8/7/95 Note from Chairman's office to Distribution, attaching Chairman Jackson's Trip Report of the fifth Gore-Chernomyrdin Meeting. (6 pages) .
7. 8/9/95 Letter from Chairman Jackson to Ms. Alison Arnstein. (1 page)
8. 8/9/95 Letter from Chairman Jackson to The l President. (1 page)  !
9. 8/14/95 Memo from Chairman Jackson to Commissioner Rogers, subject: International Travel. (1 page) i
10. 8/14/95 Memo from Chairman Jackson to addressees, subject: International Travel. (1 page)
11. 8/15/95 Letter from Chairman Jackson to Dr. T.

O'Toole. (1 page)

12. 8/17/95 Memo from Chairman Jackson to J. Taylor,  :

subject: Radkowsky Thorium Power I Corporation. (1 page)

13. 8/18/95 Letter from Chairman Jackson to The President. (1 page)

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14. 8/23/95 Letter from Chairman Jackson to Miguel Medina Vaillard. (1 page) i
19, 9/28/99 Letter from Chairman Jackson to The

! President. (1 page) i j 16. 10/12/95 Letter from Chairman Jackson to Andre-Claude Lacoste. (1 page)

17. 10/12/95 Letter from Chairman Jackson to Oleksandr i Smyshlyayev. (1 page) i 18. 10/12/95 Letter from Chairman Jackson to Franticek j Pazdera. (1 page)
19. 10/12/95 Letter from Chairman Jackson to Ambassador l Jenonne Walker. (1 page) 1
20. 10/12/95 Letter from Chairman Jackson to Vladimir Udovechenko. (1 page)
21. 10/12/95 Letter from Chairman Jackson to Sergei Parashin. (1 page)
22. 10/12/95 Letter from Chairman Jackson to Nur Nigmatu111n. (1 page)
23. 10/12/95 Letter from Chairman Jackson to Michail Pavlovsky. (1 page)
24. 10/13/95 Letter from Chairman Jackson to Constantin Rudy. (1 page)
25. 10/13/95 Letter from Chairman Jackson to Dr. Yong Kyu Lim. (1 page)
26. 10/27/95 Letter from Chairman Jackson to Dr. Kyo-Sun Lee. (1 page)
27. 11/9/95 Letter from Chairman Jackson to Dr. Angela Merkel. (1 page)
2. 3. 11/15/95 Letter from Chairman Jackson to Claude Frantzen. (1 page)
29. 11/16/95 Letter from Chairman Jackson to Ambassador John Ritch, III. (1 page)
30. 11/22/95 Memo from Chairman Jackson to C. Stoiber, subject: International Travel. (1 page) l I

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31. 11/22/95 Letter from Chairman Jackson to Dr. Kyo-Sun i Lee. (1 page)
32. 11/29/95 Letter from Chairman Jackson to Dr. Frantizek

, Pazdera. (1 page) 4

33. 11/30/95 Letter from Chairman Jackson to Mr. James Covey, attaching 11/9/95 letter from S.

Jackson to A. Merkel. (2 pages)

34. 12/7/95 Letter from Chairman Jackson to Secretary O' Leary. (6 pages)
35. 12/20/95 Note from the Chairman's office to distribution, subject: Chairman's Trio Report on Visit to France, Austria, The Czech Republic, and Ukraine. (1 page)
36. 12/28/95 Letter from Chairman Jackson to Dr. Kyo-Sun Lee, w/ attachment. (3 pages)
37. 12/28/95 Letter from Chairman Jackson to Dr. Yong-Kyu Lim, with attachments. (3 pages)
38. 1/4/96 Letter from Chairman Jackson to Professor Takashi Mukaibo. (1 page)
39. 1/18/96 Letter from Chairman Jackson to The Honorable Joan Spero. (2 pages)
40. 1/30/96 Letter from Chairman Jackson to Dr. Kyo-Sun Lee. (1 page)
41. 2/1/96 Memo from Chairman Jackson to C. Stoiber, subject: SECY-96-002 - Continuation of the NRC-Funded Position at the U. S. Mission to the International Organizations, Vienna, Austria. (1 page)
42. 2/6/96 Memo from Chairman Jackson to Commissioner Rogers, subject: Report on GCC-6 Meetings, with attachment. (4 pages)
43. 2/7/96 Letter from Chairman Jackson to Dr. Juan Manuel Kindelan. (1 page)
44. 2/15/96 Memo from Chairman Jackson to C. Stoiber, subject: G-24 Nuclear Safety Coordination Committee and Nuclear Safety Account. (1 page)
45. 2/21/96 Letter from Chairman Jackson to Kozo Iida and Dr. Shunsuke Kondo. (1 page)

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46. 2/21/96 Letter from Chairman Jackson to Dr. Yih-Yun Hsu. (1 page)
47. 2/29/96 Letter from Chairman Jackson to Yuri Vishnevsky. (2 pages)
48. 3/4/96 Letter from Chairman Jackson to Dr. Tara O'Toole. (1 page)
49. 3/19/96 Letter from Chairmai Jackson to Daniel Lapres. (1 page)
50. 3/19/96 Letter fror Chairman Jackson to Hiroshi Ohishi. (1 page)
51. 3/27/96 Letter from Chairman Jackson to Samuel Thompson. (1 page)
52. 4/4/96 Letter from Chairman Jackson to Secretary O' Leary. (2 pages)
53. 5/7/96 Letter from Chairman Jackson to Secretary O' Leary. (2 pages) 1
54. 5/7/96 Letter from Chairman Jackson to The Honorable Lynn Davis. (2 pages)
55. 5/7/96 Letter from Chairman Jackson to The Honorable l Lawrence Scheinman. (2 pages) l
56. 5/15/96 Letter from Chairman Jackson to Dr.

Rajagopola Chidambaram. (1 page)

57. 5/23/96 Memo from Chairman Jackson to C. Stoiber, subject: Proposed Agreement for Cooperation Between the U.S. and Brazil, SECY-96-97. (1 page)
58. 5/24/96 Letter from Chairman Jackson to Dr. Masaji Yoshikawa. (1 page)
59. 5/24/96 Letter from Chairman Jackson to Naoyuki Sakurai. (1 page)
60. 5/24/96 Letter from Chairman Jackson to Dr. Tsutomu Inoue. (1 page) ,
61. 5/24/96 Letter from Chairman Jackson to Atsuo Kohsaka. (1 page)
62. 5/28/96 Letter from Chairman Jackson to Dr. Fabio Morales. (1 page)

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63. 5/24/96 Letter from Chairman Jackson to Dr. Gerry Whitman. (1 page) 2
64. 5/24/95 Letter from Chairman Jackson to Kyo-Sun Lee.

(1 page)

65. 7/8/96 Note to File from Joel Lubenau. (1 page)

) 66. 7/8/96 Note from Greta Joy Dicus regarding International Nuclear Regulators Forum. (1 page) '

67. 7/19/96 Memo from Commissioner Dicus to The Chairman

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and Commissioner Rogers, subject: Nuclear Safety Proposal. (8 pages)

68. 8/7/96 Memo from Chairman Jackson to Commissioners  !

4 Rogers and Dicus, subject: COMGD-96-001. (2 I j pages)

69. 9/4/96 Memo from Commissioner Discus to the Commission, subject U.S.-russian Joint Coordinating Committee for Radiation Effects i Research -Status Report and Plans. (18 pages)
70. 9/17/96 Chairman Jackson's Comments on COMGD-96-002.

(1 page)

71. 9/17/96 Memo from Chairman Jackson to J. Taylor, l subject: NRC FY 1997 Budget. (1 pace) 1
72. Undated Memo from Chairman Jackson to Commissioners

' Rogers and Dicus, subject: COMGD-96-001. (2 pages)

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l Re: FOIA-96-493  !

APPENDIX B l RECORDS BEING WITHHELD IN PART i

l NO. DATE DESCRIPTION /(PAGE COUNT)/EMENPTIONS l 1. 11/16/95 Memo from Chairman Jackson to J. Taylor and l C. Stoiber, subject: Proposal for l International Program for Nuclear Safety i

Research (IPNSR). (3 pages) Portions withheld, EX. 5

2. 12/20/95 Memo to distribution list, attaching 12/20/95 memo from Chairman Jackson to The File, subject: Trip Report on Visit to France, Austria, The Czech Republic, and Ukraine, with attached Summary of Meetings. (15 pages) Portions withheld, EX. 4 and 5
3. 1/18/96 Letter from Chairman Jackson to Secretary O' Leary. (2 pages) Portions withheld, EX. 5
4. 5/31/96 Memo to distribution list attaching 5/31/96 memo from Chairman Jackson to The File, subject: Trip Report on Visit to the Republic of Korea and Japan, (4 pages),

released, with attachments:

Attachment 1: Summary of Meetings and Site Visits. (13 pages) Portions withheld, EX. 4 and EX. 5 Attachment 2: Speech, " Nuclear Regulation in the U.S.: Policy Directions and Future Prospects." (10 pages) Released Attachment 5: Speech, " Nuclear Regulation:

The Challenges of Change. (11 pages)

Released l Attachment 6: Letter from Chairman Jackson l

to Dr. Rajegopola Chidambaram. (1 page)

Released

Attachment 3
Speech, "New Energy in the Pacific Rim." (8 pages) Released 1

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