ML20134M942
| ML20134M942 | |
| Person / Time | |
|---|---|
| Issue date: | 02/18/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Lance English NORTHEAST OHIO REGIONAL SEWER DISTRICT |
| Shared Package | |
| ML20134M945 | List: |
| References | |
| FOIA-96-444 NUDOCS 9702210112 | |
| Download: ML20134M942 (4) | |
Text
U.S. NUCLEAR REGULATORY COMMISSION NRC FOIA REQUEST NUMBEnlS)
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RESPONSE TYPE h} RESPONSE TO FREEDOM OF l FINAL l Xl PARTIAL (7th)
QD INFORMATION ACT (FOIA) REQUEST DATE F B 1 8 1997 e..ee DOCKE T NUMBE RIS) (If spp/wable/
RLOUESTE R Lawrence English PART l.--AGENCY RECORDS RELEASED OR NOT LOCATED /See checAedboxes/
Na agency records 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) M are being made available for public inspection and copying X si the NPC 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 accep* m 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 Roc n,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 Appendixies) may be inspected and copied at the NRC Local Public Document Room identified in the Comments section.
Enclosed is information on how you may obtam access to and r se charges for copying records located et the NRC Public Docurnent Room,2120 L Street, ,
N.W., Washir.gton, DC. 1 X Agency records subject to the request are enclosed, Appendix M l Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you. j Fees You will be billed by the NRC for fees totaling $ )
You will receive a refund from the NRC in the amount of $ l I
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I In view of NRC's response to this request, no further action is being taken on appeal letter dated , No.
l PART 11. A-INFORMATION 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 in P:rt 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 Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number, i l
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NRC FORM 464 (Part 11 (t-Oli i
L .m FOIA NUMBEdis) DATE a RESPONSE TO FREEDOM OF FOlA 444
'INFORMATION ACT (FOIA) REQUEST
. (CONTINUATION) % I 8 NN l PART N.B- APPUCABLE EXEMPTIONS N _are being withheld in their entirety or in part under the Records subject to the request that are described in the enclosed Appendix (es)
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 informaten is properly classsfied pursuant to Executive Order. (Exemption 1) 2, The witnhold information relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2) l l3. The withheld information is specifically esempted from public disclosure by statute indicated. (Exemption 3)
Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restneted Data or Formerly Restricted Data (42 U.S.C. 21612165).
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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 bemg withheld for the reason (s) indicated. (Exemption 4)
The mformation is considered to be confidential business (propnetary) mformation The mformation is considered to be propnetary mformation pursuant to 10 CFR 2.790tdHIL
- l The mformation was submitted and received in confidence pursuant to 10 CFR 2 790tdH21. I
- 5. The withheld mformation consists of mteragency or mtraagency records that are not available through discovery during litigation (Exemption 5). Apphcable Pnvilege:
Deliberative Process. Disclosure of pr'edecisional information"would tend to mhibit the open and frank enchange of ideas essential to the denberafi7e process.
g Where records are withheld m their entirety, the f acts are meatncably intertwmed with the predecisional mformation. There also are no reasonably segregable factual portions because the release of the f acts would permit an mdirect mouiry into the predecisional process of the agency.
Attomey work product privilege IDocuments prepared by an attorney in contemplation of htigation I
)( Attorney client privilege. (Confidential commumcations between an attomey and his/her chent.)
- 6. The withheld mformation is esempted from public disclosure because its disclosure would result m a clearly unwarranted invasion of personal pnvecy. (Exemption 6) j i
- 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 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 nemotion 7 ( A))
Disclosure would constitute on unwarranted mvasion of personal privacy. (Exemption 7(C))
l The information consists of names of individuais and other information the disclosure of whir:h could reasonably be emoected to reveal identities of confidentiat sources. (Exemption 7 (D)) j OTHER l PART ll. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25(b) and'or 9 25(c) of the U S. Nuclear Regu! story Comm;ss'on regulat ons it has been determined that the informat on withheld is exempt from pro-duction or disclosure. and that its product on or disclosure is contrary to the pubhc mterest. The persons responsible for the denial are those officials identified below as denymg officials and the Director, Division of Freedom of Information and Pubhcations Services, Office of Admmistration, for any denials that may be appealed to the Executive Director for Operations (EDOI.
DENYlNG OFFICIAL TITLE 'OF FICE RECORDS DENIED APPELLATE OFFICIAL l
Associate General Counsel for lStephenG* Burns Hearings. Enfnrenmont and Appendix N y Administration I
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l l PART 18. D- APPEAL RIGHTS Ths d:nial by each denymg official identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made m wntmg withm 30 days of receipt of this response. Appeals must be addressed, as appropnate, to the E mecutive Director for Operations, to the Secretary of the Commission, or to the Inspector General, U.S. Nuclear Oeguictory Commissen. Washmgton, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an initial FOI A Decis on."
fC.C FCRM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION