ML20137G964

Third Partial Response to FOIA Request for Documents.Records in App F Being Withheld in Entirety (Ref FOIA Exemption 5)

ML20137G964
Person / Time
Issue date:	03/28/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Williams O JRA ASSOCIATES
References
FOIA-96-466 NUDOCS 9704020016
Download: ML20137G964 (3)

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RESPONSE TO FREEDOM OF I mA' LAf PARTIAL j@

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AZ PART 1,--AGENCY RECORDS RELEASED OR NOT LOCATED (See checAea doses /

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 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 nuw 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 inspected and copied at the NRC 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 You will be billed by the NRC for fees totaling $

You wih receive a refund from the NRC in the amount of $

In virw of N RC's response to this request, no further action is being taken on appeal letter dated

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PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cert:In information in the requested records is being withheld from public disclosure pursuant to the enernptions 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 inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FO!A number.

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PART 18.8-APPLICA8LE EXEMPTIONS I

Records subject to the request that are described in the enclosed Appendixtes) ere being withheld in their entirety or in part under the

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Exemption No.(s) and for the reeson(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 properly classified pursuant to Emooutive Order. (Exemption il

2. The withheld enformation relateis solely to the enternal personnel rules and procedures of NRC. (Ememption 2) l-j 3. The withheld mformation is specifically enempted from public d.sclosure by statute indicated. (Exemption 3) i Se.Nns 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 2161-2165).

Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Informaton (42 U.S.C,2167).

4, The withheld information is a trade socist or commercial or fmancial informapon that is bemg withheid for the reasontsi Indicated. (Exemption 4)

The mformation is considered to be confidential business (proprietaryn mformation.

The informaten is considered to be propnetary mformation pursuant to 10 CFR 2 790tdH1).

1 The mformation was submitted and received m confidence pursuant to 10 CFR 2.790tdH2)

5. The withheld mformation consists of mteragency or mtraegency records that are not available shrough discovery during litigation (Exemption 6). Applicable Privilege.

Del 6berative Process. Disclosure of predecissonal mformation would tend to mhibit the open and frank enchange of ideas essential to the deliberative process Where records are withheld m their entirety, the f acts are mentricably mtertwined with the predecisionalinformation. There also are no reasonably sefiregable f actual l

portions because the release of the f acts would permit an inderect inquiry mto the predecisional process of the agency 1

Attorney work product privilege IDocuments prepared by an attornew m contemplation of letegation 1 Attorney-client privilege. (Confidential commumcetsons between an attorney and his/her client.)

6. The withheld information is enempted from public disclosure because its disclosure would result m a clearly unwarranted mvasion of personal privacy (Exemption 6)

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7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reasonis) mdicated (Exemption 7) i Disclosure could reasonably be expected to mterfere with an enforcement proceeding 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 ( A))

1 Disclosure would constitute an unwarrented mvasion of personal privacy. (Ememption 7(C))

nation consists of names of mdividuals and other information the disclosure of which could reasonabiv be emoected to revealidentities of The re-co *

• 1 sources. (Exemption 7 (DH EE R l

PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(b) and or 9.25(c) of the U.S. Nuclear Regulatory Commiss on regulations, it has been determined that the information withheld is exempt frorn pro.

duction or disclosure, and that its production or disclosu e is contrary to the public mterest. The persons responsible for the denial are those officials identified below as denymg r

officials and the Director, Division of Freedom of Informstrai and Publications Services, Office of Admmistration, for any denials that may be appiia;ed to the Executive Director for Operations (EDO).

l DENYING OFFICIAL TliLErOFFICE RECORDS DENIED APPELLATE OFFICIAL l

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PART ll. D-APPEAL RIGHTS The d:nial by each denymg official identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writing within 30 days of receipt sf this response. Appeals must be addressed, as appropnate, to the E xecutive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Regulctory Commissen, Washington, DC 20555, and should clearly state On the envelope and in the letter that it is an " Appeal from an imtial F OI A Decision."

1 NRC FCRM 464 (Part 2) (1911 U.S. NUCLEAR REGULATORY COMMISSION I

e Re: FOIA-96-466 APPENDIX F RECORDS BEING WITHHELD IN THEIR ENTIRETY DESCRIPTIONNPAGE COUNT)/ EXEMPTIONS RQ.

DATE Memorandum from Hoyle to James Taylor, EDO, regarding SRM 1.

Undated on SECY 96-189 (7 pages) EX. 5 Memorandum from Hoyle to Taylor regarding SRM on SECY 96-2.

Undated 189 (12 pages) EX. 5

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Memorand'um from Hoyle to Taylor regarding SRM with 3.

Undated attachments (2 pages) EX. 5 Notes taken by Joe Gray at staff briefing for Commissioner 4.

09/18/96 Assistants on SECY-96-189 (1 page) EX. 5 Memo to Commissioner Rogers from J.N. Sorensen, regarding 5.

09/24/96 SECY-96-189 (1 pages) EX. 5 Memorandum from John Hoyle to the Chairman and Commissioners,

Subject:

Staff requirements memo with draft 6.

09/27/96 attachment (16 pages) EX. 5 l

E-mail with attachments from Ken Hart to Various,

Subject:

S 7.

10/02/96 on SECY 96-189 (8 pages) EX. 5

6.

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w J/R/A ASSOCIATES Regulatory Information & Support Systems P.O. Box 4604 Capitol Heights, MD 20791-4604 (301) 249-9672 October 25,1996 OGW-96-193 FGA/PA M 9/ -4b b Mr. Russell A. Powell, Chief CaseNo:

Freedom ofInformation/ Local Nblic Document

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M/S T6D8 Related Case:

U.S. NUCLEAR REGULATORY COMMISSION Washington, DC 20555

SUBJECT:

FREEDOM OF INFORMATION ACT REQUEST

Dear Mr. Powell:

Pursuant to the Freedom ofInformation Act (5 USC Paragraph 552), I hereby request copies of any and all documents related to the issuance of the October 9,1996 letter from Mr. James Taylor, NRC Executive Director for Operations, to licensee Chief Executive Officers. 'Ihe lett:r i

requested information pursuant to 10 CFR 50.54(f) regarding the adequacy and availability of Design Bases information in order to provide the NRC added confidence and assurance that nuclear power plants are operated and maintained within the Design Bases and that any deviations are reconciled in a timely manner.

I herein request all information referred to in the above 1,aragraph, in whatever form, written or otherwise, including, but not limited to, interoffice memoranda, records of reviews performed by the NRC Staff and the Commindon, statements, notes, mmmaries, drafts, correspondence, interview reports, files, records, and any other data compilation, regardless of origination.

For each and any requested item, or portion thereof, that you withhold pursuant to a Freedom of i

Information Act exemption, please provide an index itemizing and describing the iterps withheld and individually disclosing the specific basis for the withholding. Whatever expenses may be associated with this request will be acceptable, up to a maxinum of $500.00 and for any fees or expenses incurred pursuant to this request, please forward the charges, along with the requested records and information, to my attention at the address above.

Please callifyou have questions.

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