ML20137A658
| ML20137A658 | |
| Person / Time | |
|---|---|
| Issue date: | 03/14/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Lance English NORTHEAST OHIO REGIONAL SEWER DISTRICT |
| Shared Package | |
| ML20137A663 | List: |
| References | |
| FOIA-96-444 NUDOCS 9703210018 | |
| Download: ML20137A658 (3) | |
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h NhD U.S. NUCLEAR REGULATORY COMMISSION NHC FOIA HEQUEST NUMBEH(Si FOIA 96-444 RESPONSE TYPE RESPONSE TO FREEDOM OF l FINAL ly l PARTIAL (jpthi INFORMATION ACT (FOIA) REQUEST DATE g n 1.4 jgg7 DOCKET NUMBERISl ytappleable)
REQUESTE R Lawrence English PART l.--AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes/
l N a agency records subject to the request have been located.
Nm additional agency records subject to the request have been located.
l 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 j
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 i
Et 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 copying at the N RC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOIA number.
1 Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document Room identified in the Comments section.
l Enclosed is information on now 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.
Agency reco ds 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.
l Fees
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i 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.
l PART II. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE j
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 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 X
inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.
COMMENTS l
Copfes of the releasable portions of the records identified on Appendix U are enclosed.
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FotA NUaABEMts) oATE RESPONSE TO FREEDOM OF l
iNFORMATION ACT (FOlA) REQUEST FOIA 444 m 1 4 1987 (CONTINUATION) l PART 11.8-APPLICA81 E EXEMPTIONS
'f are being withheld in their entirety or in part under the Records subject to the request that are described in the enclosed Appendix (est Exernption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(a) of N RC regulations.
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- 1. The withheld mformation as properly class *fied pursuant to Eaecutive Ordes. (Exemption 1) l
- 2. The withheld information relates so6ely to the mternal personnel rules and procedures of NRC (Exemption 2}
l l3. The withheld information es specafcally enernpted from pubic disclosure by statute indicaWJ. (Exemption 3)
Sections 141 145 of the Atomac Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restricted Data (42 U.S.C. 21612165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassifico Safeguards information (42 U.S.C. 2167).
l )( l4. The withhsid mformation es a trade secret or commercsal or financialinformaten that is bemg withheld for the reascntsi indicated. (Ezemption 4)
X the mformaica 6. consider.d to be confidenisai business apronneia,yi etormation.
The information is considered to be proprietary mformanon pursuant to 10 CFR 2.790fdH1)
The informat on was submitted and received m confidence pursuant to 10 CFR 2.790fdif 2L j
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- 6. The withnend mformaten consists of mteragency of mtraagency records that are not available throvoh o scovery during htigation (Exemption 5) Applicable Privilege.
Deliberative Process Disclosure of predecisional information would tend to mhebet the open and frank enchange of ideas essentist to the deliberative process.
Where records are withheld m their enterety, the f acts are enestreably mtertwmed with the predecisenalinformation There also are no reasonably segregable factual portions because the release of the facts would permit an mdirect inquiry mto the predecisional process of the agency Attorney work product pnvilege (Documents prepared by an attorney m contemplation of htigation 1 Attorney client privilege. (Confidential commumcations between an attorney and his/her chent.)
- 6. The wethheld mformaten es esempted from pubhc disclosure because ets disclosure would result in a clearly unwarranted invasion of personal privacy. (Exemption 6)
- 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 1
enforcement efforts, and thus could possibly allow recipients to take action to shield potential wro.igdoing or a violation of NRC requirements from investigators. (Exemption 7 ( A))
Disclosure wou6d constitute an unwarranted mvasion of personal privacy. (Exemption 7(C))
The mformation consists of names of mdividuals and other information the desclosure of vi,hich could reasonabtv be espected to revealidentities of confidential sources. (Exemption 7 (D))
OTHER PART 11. C-DENYING OFFICIALS l
Pursuant to 10 CFR 9 25(b) and or 9 25(c) of the U.S. Nuclear Regulatory Commission regulations. it has been determined that the information withheld is exempt from pro.
duction or disclosure, and that its production or disclosure is contrary to the pubhc interest. The person s responsible for the denial are those officials identified below as denying efficials and the Director, Division of Freedom of informat.on and Publicat ons Services. Off,ce of Administration, for any denials that may be appeated to the Executive Director j r%esatsons (EDOL DENYlNG OfflCIAL TITLE /OF FICE RECORDS DENIED APPELLATE OFFICIAL EDO SDUW IG Regional Administrator A Bill Beach Appendix U X
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PART II. D-APPEAL RIGHTS i
The d3nial by each denymg official identified in Part II.C may be appealed to the Appellate Official identified there. Any such appeal must be made in wntmg withm 30 days of receipt I
of this response. Apposis must be addressad. as appropnate. to the E secutive Director for Operations. to the Secretary of the Commission, or to the inspector General. U.S. Nuclear l
Regulatory Commesson, Washmoton DC 20555 and r.hould clearly state on the envelope and in the letter that it is an " Appeal from an initial FOI A Decision."
l U.S. NUCLEAR REGULATORY COMMISSION l
NIC FORM 464 (Part 2) (191) l l
1 Re: FOIA 96 444 APPENDIX U-RECORDS BEING WITHHELD IN PART
.i E
DAIE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1,
3/28/95 Organizations Interested in AMS Issues (3 pages)
EX. 6 2.
6/10/96 Fax Transmission to C Pederson NRC from C.Berger, i
AMS (1 page); enclosing 6/10/96 Ltr to C Pederson from D Cesar.
(1 page): 6/10/96 Ltr to C Pederson from D Cesar (2 pages);
i 6/10/96 Building Recovery Project (27 pages) EX. 4 l
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