ML20134Q108
| ML20134Q108 | |
| Person / Time | |
|---|---|
| Issue date: | 02/21/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Gourley J AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20134Q111 | List: |
| References | |
| FOIA-96-504 NUDOCS 9702260249 | |
| Download: ML20134Q108 (4) | |
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U.S. NUCLEAR REGULATORY CvMMISSION NRC FOIA REQUE '
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RESPONSE TO FREEDOM OF YI FINAL o7g [ l l PARTIAL j(o INFORMATION ACT (FOIA) REQUEST oATE FB 21 p eeee
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DOCKET NUMBER (5)(Itapphcable)
REQUESTE Rw%.Ar&
V / PART 1.-AGENCY RfDORDS RELEASED OR NOT LOCATED (See checkedboxes/
No agency records subject to the request have been located.
l No cdditional 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 (er)
Y are being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Wa hington, DC, in a folder under this FOI A number.
The nonproprietary version of the propcsal(s) that you agreed to accept in a telephone conversation with a merr ber 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, 1
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 obtam access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
Agency records.ubject to the request are enclosed.
Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.
Fees
.w 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-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 g
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 t
inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number, COMMENTS Bened on your recent telephone conversation with Ms. Carol Ann Reed, another search for recorde subject to your request was undertaken. The stuff loosted the addit,b al records which are identdied on Spendices B and C. The Appendix B record and the rp portion ol the record on Appendix C are enclosed.
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DAtE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA g Al E (CONTINUATION) l PART lt.8-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) 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 withhold informauon is property classified pursuant to Executive Order. (Exemption 1)
- 2. The withheld mformation relates solely to the oternal personnel rules and procedures of NRC. (Exemption 2) l l3. The crithheld mformation is specifically exempted from public disclosure by statute indicated. (Exemption 3)
Sectisse s 141145 of the Atomic Energy Act, which prohibits the discicsure of Restricted Data or Formerly Restncted Data (42 U.S.C. 21612165).
Sectie: n 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
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- 4. The withheld anformation is a trade secret or commercial or fmancial information that is being withheld for the reasonis) indicated. (Exemption 4) l The mformation was submstted and received in confidence pursuant to 10 CFR 2 790 ldh 2L The mformation is considered to be confidential busmass (proprietary) mformation The information is considered to be proprietary mformation pursuant to 10 CFR 2.790 ldh 11.
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- 5. The withheld mformation consists of mteragency or mtraagency records that arenot available through discovery durmg litigation. (Exemption 5). Applicable Privilege:
Deliberative Process: Disclosure of predecisional mformation would tend to mhebet the open and trank excharige of ideas essential to the deliberatsve process Where records are withheid in their entirety, the f acts are inestricably mtertwined with the predecisional mforms tion. There also are no reasonably segregable f actual portions because the release of the facts would permit ar' mdirect inquiry mto the predecisional process of tt e agency Attorney work-product privilege IDocuments prepared by an attorney in contemplation of litegation t 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 m a clearly unwarranted invasion of personal pnvecy. (Exemption 6)
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7.1he 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 wrongdomg or a violation of NRC requirements from investigators. (Exemption 7 (AD Disclosure would constitute an unwarranted invasion of personal privacv. (Exemption 7(C))
The mformation consists of names of indeveduals and other mformation the disclosure of which could reasonably be eucected to reveal sdentities of 1
confidential sources. (Exemption 7 (D))
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PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25(b) and/or 9.25(cl of the U.S. Nuclear Regulatory Commission regulations. at has been deterrnined that the information w4thheld is exempt from pro-duction or desclosure. and that its production of disclosure is contrary to the public interest. The persons responsible for the denial are those officiais identified below as denying officials and the Director. Division of Freedom of information end Publications Serv ces. Office of Admmistration, for any denials that may be appealed to the Executive D rector for Opershons (FDOI.
l DENYING OFFICIAL Tif LE /OF FICE RECORDS DENIED APPELLATE OFFICIAL e
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I PART ll. D-APPEAL RIGHIS The dWal by each denying official identified in brt ll.C may be appealed to the Appellate Off +cial identified there. Any such appeal must be made in writing withm 30 days of receipt of thh response. Appeals must be addressed, as appapriate, to the E xecutive Director for Operat6ons, to the Secre ary of the Commission. or to the inspector General. US. Nuclear f[egulatory Commisson, Washington, DC 20555, acid cuW %;, sie on the envelope and in the etter that it is an
- Appeal from en initial 50! A Decision."
s NRC FORM 464 (Part 2) (191)
U.S. NUCLEAR REGULATORY COMMISSION
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Re: FOIA-96-504 i
i APPENDIX B RECORDS BEING RELEASED IN THEIR ENTIRETY i
HQ, DATE DESCRIPTION /(PAGE COUNT) i
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08/31/94 LER, Event Number 2733 (2 pages) j J
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Re: FOlA-96-504 APPENDIX C RECORDS BEING WITHHELD IN PART HQ, DAIE DESCRIPTION /fPAGE COUNTi/ EXEMPTIONS 1.
Undated Notes re: occurrence in Clinton Townshipm Michigan (2 pages)
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FOiA/PA 4EQX$1 Natural Resources News Servicem>
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Wyne T. faqui'in l't.*;.ida:t floventmr 30, 1996 Aweph J. T.wo Mr. Pusseli Powell Bureau O!r,/
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Nuclear Ruquli tory Carcissiva.. G6DB i
Roger G. Charin
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Dear _Mr. Powell:
by G..u.* y coray orutisu This is a Freedom of Informaticn Act request for all agency documents (whe.ther or not gene rated by your agency) pertaining to any activities of Sw Cis e D SSf:.
Se address: W I
Hahn was a minor who conducted weekend science experiments based
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- n. me Macgaret A. Swage ments led to radioactive pollution at 2776 Pinto St., commerce Township, Syeten.s Afmuger Mich., where his mother lived. The pollution brought about an emergency response by Region Five of the Environmental Protection Agency. That response included the removal of a shed behind the Pinto St. horne in about July 1095.
Tha incident was brought to th'e go.rernment's attention when the Michigan Dcpt. o' Environmental Quality called the Envitonruental Protection Agency af ter DEQ was r;onsulted by local police. The resulting incident wculd have involved communication with local authorjtiea and witn other United States 4:geancies, and possibly with foreign wthorit1?s.
I have enclored threo 1ccuments to recuce the need tor Priva y Act redaction. They include waivers f rom etaho, who is re, longar a minor, an<2 from Mient.al Polaser, wh:. owned c.nd still cwns the Pinto Strtet pror.vity.
T 'iave aise enclosed a copy of the death cereUicate of Patricia Williams 11ah.2, David Mr.hn's mothar, who lived at the Pinto Street address a.id who died February 14, 1996.
This request is made in my capacity as a correspondent for Natural wnsources News Service foi no other purpose than public disseminaritn tne.t will fester understanding of your agency's work. Ar a result, I ask that you waive search and copying charges. Please proceed with the document search pending a decir. ion on that request. You may censider this letter as my promise to pay at least $50 should my request for a fee waiver be den.J od.
r,incerely l
J4 Gourley i
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