ML20135C021
| ML20135C021 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek  |
| Issue date: | 02/26/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Solomon D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20135C024 | List: |
| References | |
| FOIA-96-492 NUDOCS 9703030310 | |
| Download: ML20135C021 (4) | |
Text
j U.S. NUCLEAR REGULATOHY COMMISMON NHC FOiA HEcuEST N( BE Ip FOIA /P RESPONSE TYPE
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PART 1.-AGENCY AECORDS RELEASED OR NOT LOCATED (See checked boxes /
No 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 Append x(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) are being made available for public inspection and copying b
at the NRC Public Document Roorn,2120 L Street, N.W., Washington, DC, in a folder under this FOlA 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 Rocm. 2120 L Street, N.W., Washington DC, in a folder under this FO! 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.
Encioned is information on how you may obtain access to and the charges for copying records located et the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
g Agency records subject 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 You will be biiled by the N RC for fees totaling S 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 Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part II, 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 i
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(CONTINUATION) l PART 11 S-APPUCASLE EXEMPTONS I Exemption No.(s) and for the reason (s) given below pursuant to Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in part under the f1. The withheld mformaten is properly classifed pursuant to Executive Order. (Exemption 1)
- 2. The withheld mformation relates solely to the internal personnel rules and procedures of NRC. (Exemption 2)
- 3. The withheld mformation se specifically exempted from pubiec disclosure by statute indicated. (Exemption 3)
Sections 141145 of the Atomic Energy Act, which prohibits the declosure of Restncted 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.2157).
- 4. The withheld information is a trade secret or commercial or fmancial information that is being withheld for the reasonist indicated. (Exemption 4)
The information is considered to be confidential business (proprietary) mformation.
mumm The information is considered to be propnetary information pursuant to 10 CFR 2.790 ldh 11.
The eformaten was submitted and received m confidence pursuant to 10 CFH 2.790fdH21 l )(l5. The withheld mformaten consists of mteragency or mtraagency records that are not available through discovery dunng litigsten (Examption 5). Applicable Privilege:
Deliberative Process: Disclosure of sedecisional information would tend to mhebit the open and frank exchange of ideas essential to the deliberative process Where records are withheld m their entirety. the facts are enertricably intertwined with the predecisional mformation. There also are no reasonably segregable f actual portione because the release of the facts would permit an indirect mausry into the predecisional process of the agency.
Attorney worloproduct privilege IDocuments piepared by an attorney in contemptation of litegation i Attorney client privilege. (Confidential commumcations between an attorney and his/her client.)
- 6. The withheld mformation is esempted from public disclosure because its disclosure would result in a clearly unwarranted mvasion of personal pnvecy (Exemption 6) 1
- 7. The withheld information 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. (Ememption 7 (A))
1 Desclosure would to statute an unwarranted mvasion of personal privacy. (Exemption 7(C))
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l h4 The mformation consists of names of individuals and other mformation the d sclosure of which could reasonably be emoected to reveal identities of N
confidential sources. (Exemption 710))
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PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b) and'or 9 25tc) of the U.S Nuctear Hegulatory Commission regulations, it has been determined that the information withheld is exempt from pro.
i duction or disclosure, and that its production or d sclosure is contrary to the pubhc interest. The persons responsible for the demal are those officials identified below as denymg officials and the Director, Division of Freedom of informat.on and Pubhcations Services, Off.ce of Admmistrattori, for any denials that may be appealed to the Executive Director for Operations (EDO)
DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE OFFICIAL 4
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i PART 11. D-APPEAL RIGHTS The d3 mal by each denying Oficial identified in Part ll.C may be appealed to the Appellate Otficial ident fred there. Any such appeal must be made in wntmg withm 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 Re~atatory Commission, Washington, DC 20555, and should clearly state on the envelope and m the letter that it is an Appeal from an initial FOt A Decision."
N2C FORM 464 (Part 2) (1-91)
U.S. NUCLEAR REGULATORY COMMISSION
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Re: FOIA-96-492 l
l APPENDIX A l
RECORDS BEING RELEASED IN THEIR ENTIRETY lEL DAIE DESCRIPTION /(PAGE COUNT) 1.
08/19/96 Event Notification (2 pages) 2.
09/30/96 Letter to L. Eliason from J. Wiggins,
Subject:
Inspection Report Nos. 50-272/96-14,50-311/96-14 and 50-354/96-08 with attached inspection report and licensee handouts (28 pages) 3.
11/14/96 PSE&G Enforcement Conference Nuclear Security handouts (16 I
pages) 4.
12/11/96 Letter to L. Eliason from H. Miller,
Subject:
Notice of Violation with attached NOV (9 pages) i 5.
01/10/97 Letter to NRC from L. Storz,
Subject:
Response to Notice of Violation with attachment (19 pages) l 1
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l Re: FOlA-96-492 APPENDIX B RECORDS BEING WITHHELD IN THEIR ENTIRETY i
tKL DATE DESCRIPTION #PAGE COUNT)/ EXEMPTIONS 1.
09/03/96 Enforcement Panel Briefing Form (2 pages) EX. 5 2.
11/26/96 Draft NRC Proposes Fines (3 pages) EX. 5 i
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