ML20134J301
| ML20134J301 | |
| Person / Time | |
|---|---|
| Issue date: | 02/06/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Chapman N BECHTEL POWER CORP. |
| Shared Package | |
| ML20134J305 | List: |
| References | |
| FOIA-97-15 NUDOCS 9702120081 | |
| Download: ML20134J301 (3) | |
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i RESPONSE TO FREEDOM OF x loNat l l PARTIAL (e...e/
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INFORMATION ACT (FOlA) REQUEST
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DOCKET NUMBERIS) fitapphcabiel LE WESTE R Ms. Nancy G. Chapman PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)
No agency records subject to the request have been located.
No additional agency recordt 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 thst 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 X
ct 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 copymg at the N RC Public Document Room 2120 L Street, N.W., Washington, DC, in a folder under this F OI 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 intormation 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.
X Agency records subject to the request are enclosed.
Appendix A Records subject to the request have been referred to another Federal agencylies) for review and direct response to you.
X rees X
You will be billed by the NRC for fees totaling $51. 30 Il0 mins.. Clerical search, I hr. prof. review, dud 14cetioj 77 You will receive a refund from the NRC in the amount of $
In view of NRC's response to this request, no further action is being taken on appeal letter dated
, N o.
1 PART II. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE l
Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated X
in PIrt 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 inspection and copying in the NRC Public Doct, ment Room,2120 L Street, N.W., Washington, DC in a folder under this FOl A number.
COMMENTS l
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NRC FORM 464 (Part il (191)
FotA NUMBtWs)
DATE RESPONSE TO FREEDOM OF lNFORMATION ACT (FOIA) REQUEST FOIA,L PA-97-0015 E O 6 1997 (CONTINUATION) l l
PART ILS-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) A are being withheld in theit 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 CF R 9.17(a) of N RC regulations.
- 1. The withheld mformation es properly classsfied pursuant to Executive Orde- (Exemption 1)
- 2. The wethheld mformaten relates solely to the mtemel personnel rules and procedures of NRC. (Ememption 2) l l 3. The withheid enformatson is specifecally esempted from pubhc disclosure by statute indicated. (Exemption 3) i Sections 141145 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 mformateon as a trade secret or commercial or fmancial anformaten that is benng withheld for the reasontal indicated. (Exemption 4)
The mformat#on is consadored to be confidential busmess lpropretary) mformation The mformation is considered to be proprietary enformation pursuant to 10 CFR 2.7904dH1L The mformaten was submitted and received en confidence pursuant to 10 CFR 2 790tdH2L
- 6. The withheld mformation consists of mteragency or intrangency records that are not available through discovery durmg litigaten (Exemption bl. Applicable Privilege:
Debberative Process. Disclosure of predecisional mformaten would tend to mhibit the open and frank enchange of ideas essential to the deliberative process X
Where records are withheld in their entsrety. the f acts are oneatricably mtertwined with the predecisional mformation There also are no reasonably seyegable f actual portions because the release of the f acts would permit an mderect inquiry into the predecisional process of the agency l
Attorney work product privilege (Documents prepared by an attorney in contemplareon of litigation I l
Attorney-chent privilege. (Confidantial communications between en attomey and his/her chent.)
l 6 The withheid mformaten is ens,mpted from public disclosure because its disclosure would result m a cleady unwarranted evasion of personal pnvecy (Ememption 6)
- 7. The withheld mformation consists of records compiled for law enforcement purposes and as being withheld for the reasonis) mdicated (Exemption 7)
Disclosure could reasonably be empacted to mterfere with an enforcement proceeding because it could reveal the scope, direchon, and focus of i
l enforcement efforts, and thus could possrbly allow recipients to take action to shield potential wronylomg or a violation of NRC requirements
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I from mvestiDators. Exemption 7 (All
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Dssclosure would constitute an unwarranted mvasen of personal pnvecy. (Ememption 7(C))
The information consists of names of mdiveduals and other informateon the disclosure ut which could reasonably be papected to revest identitees of confedential sources. (Ememption 7 (D))
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OTHER l
PART IL C-DENYING OFFICIALS Pursuant to 10 CFFI 9 25th) and 'or 9 25tc) of the U S Nuclear Regulatory Commiss.on regulations, it has been deteimined that the information withheld is esempt from pro-duction or disclosure, and that its product on or desclosure is contrary to the pubhc interest. The persons responsible for the den.al are those officials identifred below as denymg officials and the D rector D wis on of F reedom of information and Pubhcat,ons Serv,ces, Off,ce of Admin:stration. for any denials that may be appealed to the Executive Director for Operations (EDOL l
DENYING OFFICIAL TITLE OFFICE RECORDS DENIED APPELL ATE OFFICIAL i
Hugh L Thompson Jr.
$ tive Director for Appendix A
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ill PART IL D-APPEAL RIGHTS 4
The dimal by each denyme of-ficial identified m Pa-t ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made m writing withm 30 days of rece<pt of this response. Appeals must be addressed as appropriate. to the E mecutive D, rector for Operations. to the Secretary of the Commission, or to the bispector General U.S. Nuclear Regulatory Commessen. Washmgton. DC 20555 and should clearly state on the envelope and in the letter that rt is an
- Appeal from an initial FOI A Decision."
NRC FOZM 464 (Part 2) (191)
U S. NUCLEAR REGULATORY COMMISSION
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l Re: FOIA/PA-97-0015 APPENDIX A RECORDS BEING WITHHELD IN PART lEL DATE DESCRIPTION /(PAGF COUNTl/ EXEMPTIONS 1.
01/97 Senior Management Meeting Summary, January 14,15 and 17,1997 (77 pages) [ Exemption 5]
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