ML20136A610

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Final Response to FOIA Request for Documents.Forwards App C Documents Available in Pdr.App D Records Being Withheld in Part (Ref FOIA Exemption 4).App E Completely Withheld (Ref FOIA Exemption 7)
ML20136A610
Person / Time
Site: Robinson Duke Energy icon.png
Issue date: 03/01/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Lamberth J
TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
Shared Package
ML20136A614 List:
References
FOIA-96-475 NUDOCS 9703100015
Download: ML20136A610 (2)
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  • %pd RESPONSE TO FREEDOM OF y yl FINAL RESPONSE T YPE l l PARTI AL 7g i s INFORMATION ACT (FOIA) REQUEST o^tE l N eeeee NAR 01 1997 DOCKE 1 NVMBE R(St It!apphcarde) 4,E QUE 51E R i James A. Lamberth PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboaes/

No agency records subject to the request have been located.

No additional agency records subject to the request have been located.

Hrquested records are available through another public distribution prograrn. See Comments section, Agency records subject to the request that are identified in Apperufs(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) C are being made available for public inspection and copying XX Ct the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this Fol A number, Tha nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff ts now being made available for public inspection and copying at the NRC Public Document Room,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 Appendix (es) may be mspected and copied at the NRC Local Public Document Room identified in the Comment section.

Enclosed es enformation 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.

yy Agency rocordssubject ro the request areenclosed. Appendix C, and the reledsable portions of Appendi x D documents D Nords subject to the requesf have been referred to another Federal agency (ies) for review and direct response to you. are encl osed .

yy Fees yg You will be billed by the N RC for fees totahng $ 2A1 20 You will receive a refund from the NRC in the amount of $

l In view of N R C's response to this request, no further action is being taken on appeal letter dated , No. 1 PART 18, A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE CIrtain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated yy in Pzrt II, D, 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 i inspection and copying in the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number. l I

COMMENTS j The actual fees for processing your request are as follows.

I 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> search: $ 33.30 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> review: 166.50 407 pgs duplication: 81.40

$T81.20

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This completes NRC action on your request.

I 0 1 K , VtSIOft F HE EDOMpF INFORMATION AND PUBLICATIONS SE HVICES SIGN ATURL. DlH E CTEOQ J/ V-new<

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LAMBERT 96-475 PDR '

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[ NIC FO;M 464 (Part 1) (1-91)

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FOIA siUM6 tris) Daft a RESPONSE TO FREEDOM OF e INFORMATION ACT (FOlA) REQUEST FOIA 96-475 $R 01 w l

(CONTINUATION) l PART 11.B- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Apper dixtes) n 1 E ere being withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below pursuant to 5 U.St 552(b) and 10 CFR 9.17(a) of NRC regulations.

1. The withheld mformation is properly classified pursuant to Executive Order. (Exemption 1) 2, The wethheld information relates so6ely to the miernal personnel rules and procedures of NRC (Exemption 2) l l3. The withheld mformation es spoofically esempted from public disclosure by statute indicated. (Exemption 3)

Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted 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 se a trade secret or commercial or fmancial information that is being withheld for the reasonis) irkhcoted. (Exemption 4) yy The mformation is cons dered to be confidential business lpronnetaryl mformation l

The information es considered to be proprietary mformation pursuant to 10 CFR 2 790tdH1)  ;

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~ -- 1 The mformation was submitted and received in con (sdence pursuant to 10 CFR 2 790tdit21 l ]

l l l 6. The withheld mformation consists of mteragency or mtraagency records that mit not aveelatlie through debcovery dunng litigahon (Exemption 61. Apphcable Privilege: )

Deliberative Process Disclosure of predecisional mformation would tend to inhibit the open and frank enchange of ideas essential to the deliberative process ,

Where records are wethheld m their entirety. the f acts are meatncably mtertwmed with the predecisionalinformation There also are no reasonably seyegable f actual i portions because the release of the f acts would permit an mdirect mouiry into the predecisional process of the agency Athorney work product prevalege (Documents prepared by an attorney in contemplation of litegatron i Attorney-chent privilege. (Confidential commumcations between an attorney and his/her client.)

6, The withheld enformation is esempted from pubiec disclosure because its drsclosure would result m a clearly unwarranted mvasion of personal privacv. (Exemption 6) l 7 (Exemption 7)

IXX l . The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reason (s) mdecated Disclosure could reasonably be espected to mterfere with an enforcemerit proceedmg because it could reveal the scope, dwaction, 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 mvestigators. (E memption 7 (Ah i

B XX Disclosure would constitute an unwarranted mvasion of peisonal privacy. (Exemption 7(C))

The mformation consests of names of individuals and other information the disclosure of which could reasonably be espected to reveal identities of confidenhal sources. (Ememption 7 (D))

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.l PART 61. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25tb) and 'or 9 25tcl of the U.S. Nuclear Regulatory Commission regulations. it has been determened that the information withheld is exempt from pro.

l duction or disclosure. and that its production or disclosure is contrary to the pubhc e terest. The persons responsible for the denial are those officia!s identified below as denying officials and the Director, Division of Freedom of Informat,on and Pubhcat.ons bervices. Of f,ce of Adm nistration. for any denials that may be appealed to the Executive Dieector j for Operations IE DO) l DENYING OFFICIAL TIT L E 'OF FIC E RECORDS DENIED APPELLATE OFFICIAL l

EDO SECRETARY 10 l

l Guy P. Caputo Director, Office of Investigations D/1, D/2, E/1 XX l I Associate General Counsel for PilliamJ.Olmstead Licensing and Regulations E/2 XX

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i PART 11. D- APPEAL RIGHTS i

The dinial by each denymg official identif ed in Part ll.C may be appealed to the Appellate Official identif,ed there. Any such appeal must be made in writmg within 30 days of receipt of tha response, Appeals must be addressed, as appropriate. to the E macutive Director for Operations. to the Secretary of the Commission, or to the inspector General, U.S. Nuclear R?gulatory Commission, Washington, DC 20555. and should clearly state on the envelope and in the letter that it is an " Appeal f rom en init.al FOI A Decision."

NRC FORM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION

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. Re: FOIA-96-475 APPENDIX C RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)

NO. DATE DESCRIPTION /(PAGE COUNT)

1. 6/13/90 Exhibit 1 to OI Report 2-90-014: Memo from E. William Brach to B. B. Hayes, subject:

Counterfeit Potter & Brumfield Relays. (1 page)

2. 6/21/90 . Memo from E. William Brach to Brian Grimes, subject: Preliminary Test Results for Counterfeit Potter & Brumfield Relays. (1 page)
3. 7/13/90 Exhibit 8 to OI Report 2-90-014: Letter from L. Yeryar to K. R. Haidu, with attached reports. (7 pages)
4. 8/16/90 Letter from Laurence Patterson to William Brach, subject: Suspect Counterfeit Electrical Relays, Potter-Brumfield Model
  1. MDR-134-1. (5 pages)
5. 9/27/90 Exhibit 5 to 01 Report 2-90-014: Memo from E. William Brach to J. Vorse, subject:

Reports of VID Visits to Spectronics, Stockley, Potter & Brumfield, and Nutherm to Review P&B Relays, with attachments. (10 pages)

6. 3/8/91 Memo from J. Fitzgerald to B. Hayes, subject:

Draft Referral Letters to Department of Justice Regarding Investigations at Western Stress, Inc. (3 pages)

7. 3/27/91 Memo from Stephen. Burns to B. Hayes, subject:

Report of Investigation, with attachment. (2 l pages)

8. 3/28/91 Memo from J. Lieberman to S. Ebneter, subject: 01 Report Q2-90-014, re: Stokley Enterprises /Spectronic. (1 page) l
9. 6/13/91 Memo from James Taylor to the Commission, subject: Press Release - Stokley Enterprises, Inc. (5 pages)

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APPENDIX C - continued foia-96-475

'10. 6/17/91 Draft memo from J. Taylor. (1 page) l

11. 7/8/91 Memo from J. Taylor to J. Vorse, subject:

Office of Investigations Investigation of Counterfeit Electronic Parts. (1 page)

12. 8/2/91 Memo from J. Taylor to the Commission, .

subject: Counterfeit Parts Guilty Plea. (5 pages) i I

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I Re: FOIA-96-475 APPENDIX D RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS -

1. 7/2/90 Exhibit 3 to 01 Report 2-90-014: Report of Interview with individual. (2 pages)

Portions withheld - EX. 7(C)

2. 7/6/90 Exhibit 29 to 01 Report 2-90-014: Report of I Interview with individual. (2 pages)

Portions withheld - EX. 7(C) 1 i

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APPENDIX E RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS I

l l 1. 7/3/90 Memorandum to Case File, record of conversation. (1 page) EX. 7(C)

2. 11/27/91 Letter from A. Mulford to N. Jensen. (2 pages) EX. 4 l

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