ML20137G989
| ML20137G989 | |
| Person / Time | |
|---|---|
| Issue date: | 03/21/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Lance English NORTHEAST OHIO REGIONAL SEWER DISTRICT |
| References | |
| FOIA-96-444 NUDOCS 9704020024 | |
| Download: ML20137G989 (3) | |
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.j ( s a UpOCM U.S. NUCLEAR RE!ULATORY COMMISSION N..C FOIA REQUE ST NUMBE RIS) e FOIA 444 7
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- RESPONSE TYPE g RESPONSE TO FREEDOM OF l MAL l Xl PARTIAL (13th)
INFORMATION ACT (FOIA) REQUEST oATE cueo E2 1 1997 DOCKET NUMBER (S)(if apphcable)
R REQUEST' Lawrence EngliSh PART l.--AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes)
No agency records subject to the request have been located.
N o 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 Appendix {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 at the NRC Public Document Room,2120 L Street. N.W., Washington, DC, in a folder under this F OIA number.
The nonproprietary version of the oroposal(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 Pubhc Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.
Agency reconis 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 obtam access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N/7, 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 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 Cert in information in the requested records is being withheld f rom public disclosure pursuant to the exemptions described in and for the reasons stated in P rt 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 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
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, INFORMATION ACT (FOIA) REQUEST FOIA 96-444 W 2 1 )ggy (CONTINUATION) l PART N.8- APPUCABLE EXEMPTK)NS l Records subject to the request that are described in the enclosed Appendix (est V are being withheld in their entirety or in part under the Exemption No.(s) and for the reeson(s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(s) of NRC regulations.
- 1. The withheld information is properly classifed pursuant to Executive Order. (Exemption 1)
. The withheld mformation relates solely to the eternal personnel rules and procedures of NRC. (Exemption 2)
- 3. The withheld informaten is specifcally exempted from public disclosure by statute indicated. (Exemption 3) . .
Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Date or Formerly Restricted Data (42 U.S.C. 2161-21651.
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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 wethheld mformation is a trade secret or commercial or fmancial information that is bomg withheld for the reasontsi indicated. (Exemption 4)
The informaten is considered to be confidential busmess (proprotary) information.
The informaten is considered to be propnetary 6nformation pursuant to 10 CFR 2.790 ldh 1).
The mformation was submitted and received in confidence pursuant to 10 CFR 2.790 ldh 2L
- 5. The withheld informaten consists of mteragency or mirangency records that are not available through discovery during litigsten. (Exemption 5). Applicable Privilege:
Dehberative Process: Disclosure of predecisionalinformation would tend to mhebit the open and frank exchange of ideas essential to the delibersteve process.
Where recorde are withheld m their entrety, the f acts are mentrcably intertwined with the predecisional mformation. There also are no reasonably seJrogable f actual ,
portions because the release of the f acts would permit en mdirect mouiry into the predecisional process of the agency, 1 Attomey work product pnvilege (Documents prepared by an attorney m contemplation of litigation 1 Attorney. client privilege. (Confidential communications between an attomey and his/her chant.) _.
- 6. The withheld mformation is exempted from pubic disclosure because its disclosure would result m a c6eerly unwarranted mvasion of personal pnvecy. (Exemption 6) i 1
- 7. The withheld infoimaten consists of records compiled for law enforcement purposes and is being withheld for the reason (s) mdcated. (Exemption 7)
Disclosure could reasonably be expected to 6merfere with an enforcement proceeding becausa It could reveal *,,he scope, direction, and focus of )
enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a voletion of NRC requirements from investigators. (Exempton 7 (A)>
Disclosure would constitute en unwarranted mvasion of personal privacy. (Ememption 7(C))
The mformation consists of names of moividuals and other mformation the disclosure of which could reasonably be empacted to revealidentities of confidential sources. (Exemption 7 (D))
OTHER l PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R g]5(b) and/or 925(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 producten or disclosure is contrary to the public interest. The persons responsible for the demal are those officials identified below as der ying officials and the Director, Division of Freedon. of information and Pubhcations services. Office of Adm:nistration.for any demals that may be appealed to the Executive Director for Operatens (EDO).
TITLE / OFFICE RECORDS DENIE(' APPELLATE OFFICIAL l DENYING OFFICIAL IG Associate General Counsel for EDO SECRETARY IStephenG. Burns Hearings, Enforcement and App V X Administration 1
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l l PART 18. D- APPEAL RIGHTS l
The denial 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 wnting within 30 days of receipt of th:s response. Appeals muri be addressed. as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear regulatory Commission, Washington DC 20555, and should clearly state on the envelope and in the letter that it is an Appeal from en Imtial FOI A Decisen."
NRC F RM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION
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Re: F0IA 96 444 ;
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APPENDIX V '
RECORDS BEING WITHHELD IN THEIR ENTIRETY l
ML Q&TE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS I
- 1. Undated Draft Comission Paper on Advanced Medical Systems (13 pages) EX. 5 ATTORNEY-WORK PRODUCT
- 2. Undated Draft Comission Paper on Advanced Medical Systems 1 (13 pages) EX. 5 ATTORNEY WORK PRODUCT ;
3 Undated Draft Comission Paper on Advanced Medical Systems J (20 pages) EX. 5 ATTORNEY WORK PRODUCT
- 4. Undated Draft Comission Paper on Proposed Director's Decision on Advanced Medical Systems (18 pages) EX. 5 ATTORNEY-WORK PRODUCT I
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Northeast Ohio Regional Sewer-District 3826 Euckd Avenue . Cleveland, Ohio 44115-2504 216 881 6600 FAX: 216 881
- 9709 {
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October 18,1996 FOIA/PA g.gg N Date Rec'd: /*'AM AobonOft:
Related Case: -l Director, Division of Freedom ofInformation and Publications Services Office of Administration U.S. Nuclear Regulatory Commission Washington,DC 20555 Re: FOIA Request for Documents
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Dear Director:
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The Northeast Ohio Regional Sewer District (NEORSD) hereby requests copies of all !
documents of any kind or description regarding your licensee, Advanced Medical Systems, Inc. in !
any way whatsoever developed since representatives of the Northeast Ohio Regional Sewer District (NEORSD) visited the Lisle, Illinois, headquarters of the Nuclear Regulatory Commission's Region Ill pursuant to FOIA-94-494. I The above request is made pursuant to the Freedom ofInformation Act and 10 CFR Sec.
9.15. The NEORSD has no commercial interest in the requested documents and requests a waiver of all fees pursuant to 10 CFR Sec 9.41.
Please call me at (216) 881-6600, ext 826, if you have any questions about the foregoing. i Thank you in advance for your assistance.
Very ly yours, Lawrence K. English Assistant General Counsel Dab
-Nh 6 L o o "i 6 lh The mission of the Northeast Ohio RegionalSewer Districtis to enhancepublic health and welfare through the efficient, cost-etfective conveyance and treatment of wastewater. This is accomplished by an organization dedicated to professionalism, faimess and consistency that anticipates and responds to the changing environmentalneeds of the community.
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