ML20137B174
| ML20137B174 | |
| Person / Time | |
|---|---|
| Issue date: | 03/17/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Savage J MORGAN, LEWIS & BOCKIUS |
| Shared Package | |
| ML20137B180 | List: |
| References | |
| FOIA-96-518 SECY-91-342-R, SECY-91-342A-R, NUDOCS 9703210202 | |
| Download: ML20137B174 (4) | |
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FOIA 518 i g['*(%
te .j fyh RESPONSE TO FREEDOM OF i FINAL RESPONSE TvPE l l PARTIAL INFORMATION ACT (FOIA) REQUEST DATE (e.ee f e DOCKET NUMBE R(S) (t/apptscable)
RE QUESTE R James Savage l PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked bons) .
- No agency rec'ords subject to the request have been located.
'I l Ho additional agency records subject to the request have been located, i Requested records are available through another public distribution program. See Comments section.
Agency records subject to the request that are identified in Appendix (es) b are already available for public inspection and copying at the
" X 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 (t the NRC Public Document Room,2120 L street, N.W., Washingtor', 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 staf f is now being made available for public inspection and copying at the N RC Pubhc 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 inspected and copied at the N RC Local Public Document Room identified in the Comments section.
Enclosed is information 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.
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 5
y 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.
- 4 PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE i Certain Information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Pcrt 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 e folder under this Fol A number, COMMENTS Copies of the releasable portions of the records identified on Appendix B are enclosed.
The fees for processing your request are:
3 hrs. SES review 0 $61.18 per hr. = $183.54 1 hr. professional search @ $33.30 per hr. = $33.30 N 1 hr. 45 min professional review 0 $33.30 per hr. = $58.50 1/2 hr. clerical review 0 $15.79 per hr. = $7.80 \
Duplication of 75 pages 0 $0.20 per page = $15.00 Q TOTAL = $298.14 In addition srecords subject to this F0IA request were previously addressed to you under FOIA-96-464
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FOlA fWUMBE Ats) DATE r RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 96-518 g y7,w (CONTINUATION) 1 - PART ll.B- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) O 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 N RC regulations.
- 1. The withheld mformation is property classified pursuant to Executive Order. (Exemption 1) 2, The withheld mformation relates solely to the internal personnel rules and procedures of NRC (Exemption 2) l l3. The withheld mformation is specifically 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 Restricted Date (42 U.S.C. 21612165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167). l
- 4. The withheld mformation is a trade secret or commercial or financial mformation that is bemg withheld for the reasonist indicated. (Exemption 4)
The mformation is considered to be confidential business (proprietary) mformation. j The Information as considered to be proprietary information pursuant to 10 CFR 2 790(dH11. )
i The mformation was submitted and received m confidence pursuant to 10 CFR 2 790 ldh 2) l X 5. The withheld mformation consists of mteragency or mtrangency records that are not available through discovery during titigation (Exemption 5). Applicable Privilege:
Deliberative Process: Disclosure of predecisional information would tend to inhibit the open ordt frank exchange of edeas essential to the deliberative process Where records are withheld m their entirety, the f acts are mentncably mtertwmed with the predecis.onal mformation There also are no reasoriably seJregable f actual portions because the release of the f acts would permit an mdirect inquiry into the predecisional process of the agency.
Attomey work-product privilege IDocuments prepared by an attornity in contemplation of litigation i A Attomey client privilege. (Confidential communications between an attorney and his/her client.)
- 6. The withheld mformation is exempted from public disclosure because its disclosure would result m a clearly unwarranted invasion of personal pnvecy (Exemption 6) j
- 7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reasonist mdicated (Exemption 7) i l
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. (E memption 7 (AH Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(C1)
The mformation consists of names of individuals and other information the disclosure of which could reasonably be espected to reveal identities of con'idential sources. (Exemption 7 (D))
OTHER PART 11. C-DENYING OFFICIALS Puisuant to to CF R 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 oisclosure, and that its production or d.sclosure is contrary to the pubhc mterest. The persons responsible for the denial are those officials identified below as denymg officiais and the Director, Division of Freedom of Information and Publications Services. Office of Admmestration, for any denials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLEeOFFICE RECORDS DENIED APPELLATE OFFICIAL E "'" '
Sandy Joosten Executive Assistanta Office of the Secretary nf the App R X Commission PART 11. D- APPEAL RIGHTS The denial by each denyme official identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writing withm 30 days of receipt i of thh response. Appeals must be addressed. as appropriate, to the Executive 'hrector for Operetions, to the Secretary of the Commission, or to the Inspector General. U.S. Nuclear
] Regulat ry Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOI A Decision."
N.'.C P4RM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION
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Re: F0IA 96 518 APPENDIX A RECORDS ALREADY AVAILABLE IN THE PDR NA DATE ACCESSION NUMBER DESCRIPTION /(PAGE COUNT)
- 1. 10/31/88 8811170014 SECY-88-308 (10 pages)
- 2. 12/08/89 8912140279 SECY-89-369 (10 pages)
- 3. 04/12/91 9104220148 SECY-91-096 (9 pages)
- 4. 05/29/92 9206120045 SECY-92-200 (14 pages) r
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<c Re: F01A 96-518 APPENDIX B RECORDS BEING WITHHELD IN PART N0. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS
- 1. 10/24/91 For the Commissioners from James Taylor,
Subject:
Action Plan to Ensure Timely Remediation of Sites Listed in the Site Decommissioning Management Plan SECY-91-342 (12 pages) EX. 5 ATTORNEY-CLIENT
- 2. 12/31/91 For the Commissioners from James Taylor
Subject:
Issues Associated with Ensuring Timely Remediation of Sites Listed in the Site Decommissioning Management Plan SECY-91-342A (63 pages) EX. 5 ATTORNEY CLIENT l
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