ML20134H570

Final Response to FOIA Request for Documents.Forwards Documents Listed in App A.Partial Documents in App a Available in PDR & Partial Documents in App a Being Withheld (Ref FOIA Exemption 6)

ML20134H570
Person / Time
Site:	Crystal River
Issue date:	10/30/1996
From:	NRC OFFICE OF ADMINISTRATION (ADM)
To:	Calandra D WINSTON & STRAWN
Shared Package
ML20134H573	List: ML20134H570 ML20134H579 ML20134H582 ML20134H590
References
FOIA-96-357 NUDOCS 9611140163
Download: ML20134H570 (3)

Text

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' FOIA 357 l'ESPONSE TYPE RESPONSE TO FREEDOM OF X l FINAL l l PARTIAL

\, INFORMATION ACT (FOIA) REQUEST DATE 10CT 3 01996 DOCKET NUMBEH(S)(/f app / scad /e/

REQUESTE R Ms. Darlene Calandra PART 1.-AGENT,Y RECORDS RELEASED oR NoT LOCATED (See checked boxes)  ;

No agency rec'ords subject to the request have been located.

Na additional agency records subject to the request have been located.

Requested records are available through another public distribution program. See Comments section. l Agency records subject to the request that are identified in Appendix (es) are already available for public inspection and copying at the N RC Public Document Room,2120 L Street, N.W., Washington, DC.

y Agency records subject to the request that are identified in Appendix (es) A are being made available for public inspection and copying ,

et the NRC Public Document Room,2120 L Street. N.W., Washington, DC, in a folder under this FolA numt,er. j 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 andcopying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this Fol 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 l Room identified in the Comments section. I 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, Nri., Washington, DC.  !

y Agency records subject to the request are enclosed. Appendix A Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

y Fees 1 X You will be billed by the N RC for fees totaling $ 155,60 You will receive a refund from the N RC in the amount of $ j in view of NRC's response to this request, no further action is being taken on appeal letter dated , No.

PART 11. A-INFoRMATION WITHHELD FROM PUBLIC DISCLOSURE l Catnin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated X

in Part it, 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 FOIA number.

, COMMENTS The fees for processing your request are as follows SEARCH: $ 8.40 [15 mins. professional @ $33.30/hr.] I REVIEW: 133.20 [4 hrs, professional @ $33.30/hr] l DUPLICATION: 14.00 [70 pages @ 20C/page] l TOTAL: $155.60 3 l

in en October 7,1996 telephone conversation with Mrs. Gigi Rammling, of my staff, you egreed to accept the requested records without a " word index." Parts of the April 4,1996 conference were joint with all participants while others included only the individual and their council. Due to the manner in which the conferences with the four individuals was conducted end transcribed, you will note that blocks of pages have been omitted. The omitted pages are bhing withheld in accordance with Exemption 6 of the FOIA and cover the following: Page 4,

' lina 6 through Page 51, line 14; Page 69, line 11 through Page 97, line 13; Page 154, line 16 j through Page 214, line 23.

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NRC FOMM 464 (Part 11 (191)

RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 357 KT 3 0 G%

(CONTINUATION)

PART 11.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) A 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 inforfreton is properly classified pursuant to Executive Order. (Exemption 1)

2. The withheld information relates solely to the intemal personnel rules and procedures of NRC. (Exemption 2)

( 3. The withheld informat on is specifically exempted from pubhc disclosure by statute indicated. (Exemption 3)

Sections 141 145 of thc Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerfy Restricted Data (42 U.S.C. 21612165L Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).

4. The w1hheld mformation es a trade secret or commercial or fmancial mformatson that is being withheld for the reason (s) indicated. (Exemption 4)

The mformation is considered to be confidential business (propnetaryl information.

The information is conssdered to be propnetary mformation pursuant to 10 CFR 2.790(dH1).

The mformation was submitted and received in confidence pursuant to 10 CFR 2.790tdH21

5. The withheld mformation consests of interagency or mtraagency records that are not available through discovery during htigaton. (Exemption 6). Applicable Privilege:

Deliberative Process: Disclosure of predecisional mformation would tend to mhsbit the open and frank exchange of ideas essenttal to the deliberative process.

t Where records are withheld m their entirety. the f acts are meutncably mtertwined with the predeces onal mformation. There also are no reasonably segregable f actual portions because the release of the f acts would permst an indirect mquery into the predecesional process of the agency.

l I X Attorney work-product pnvilege lDocuments prepared by an attorney m contemplaten of htigation I Attorney-client privilege. (Confidential communications between an attomey and his/her client.)

6. The withheld mformaton is exempted from pubhc desclosure because its disclosure woulo + 'r m a clearly unwarranted mvasion of personal privacy. (Exemption 6)

7. The withheld mformation consists of records compiled for law enforcement purposes and is bemg withheld for the reason (s) mdicated. (Exemption 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 wron@oing or a violation of NRC requirements from investigators. (E nemption 7 ( A))

Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(C))

The mformatiop consists of names of mdividuals and other information the disclosure of which Could reasonably be exoected to reveal sdentities of confidential sources. (Enemption 7 (D))

O NER PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25(b) and/or 9.25(c) of the U.S. Nuclear Regulatory Commiss.on regulations, it has been determined that the informaton withheld is exempt from pro-duction or desciosure, and that its production or d.sclosure is contrary to the pubhc mterest. The persons responsible ier the denial are those officials identified below as denymg off.cials and the Director, Devson of Freedom of Information and Publications Services. Office of Administrat on. for any denials that may be appealed to the Executive Director for Operations (EDO).

DENylNG OFFICIAL Til'LE/ OFFICE RECORDS DENIED APPELLATE OFFICIAL I ional Administrator ReEegionII e Appendix A S""

l Stewart D. Ebneter X l

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PART 11. D- APPEAL RIGHTS l The denial by each denying official identified in Part ll.C niay be appealed 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 E xecutive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear f.egulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an initial FOf A Decision."

NRC FORM 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION t

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Re: FOIA-96-357 APPENDIX A DOCUMENTS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION

1. 3/28/96 Pre-Decisional Enforcement Conference Transcript --

Robert P. Weiss (24 pages) [ Exemption 61 l 2. 3/28/96 Pre-Decisional Enforcement Conference Transcript --

David A. Fields (23 pages) [ Exemption 6]

3. 4/4/96 Pre-Decisional Enforcement Conference Transcript --

! Jack D. Stewart (30 pages) [ Exemption 6]

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