ML20137J922
| ML20137J922 | |
| Person / Time | |
|---|---|
| Issue date: | 03/31/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Williams O JRA ASSOCIATES |
| Shared Package | |
| ML20137J929 | List: |
| References | |
| FOIA-96-466 SECY-96-189-C, NUDOCS 9704040189 | |
| Download: ML20137J922 (4) | |
Text
~~ ~ ~
~ ~ ~
UA NUCLEAR REGULATORY COMMISS NH ON
> e (, IA HEQUE51 NUMBEHl5 FOIA - /FY)
[ ;g RESPONSE TYPE _
![5 RESPONSE TO FREEDOM OF I FINAL {gl PARTIAL G7 i
W)s INFORMATION ACT (FOlA) REQUEST DATE g 31 g DOCKET NUMBE RISI fir oppiscable) i HE QUES 1 E R . . ,
{ Af f - -
/ PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes)
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.
J
, Agency records subject to the request that are identified in Append;x(es) are already available for pubhc inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
l Agency records subject to the request that are identified in Appendix (es) b are being made available for public inspection and copying l st the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA 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 NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number, l 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 copysng records located at the NRC Public Document Room,2120 L Street, N.W., Washington. DC.
4 Agency records subject to the request are enclosed, i'
Rtcords 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 totahng $
You will receive a refund from the NRC in the amount of $ i In view of N RC's response to this request, no further action is being taken on appeal letter dated , No. l PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE f )
Certsin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Pgrt II, B, C, and D, Any released portions of the documents for whlen 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 FOI A number.
COMMENTS WH P/
/
/
1, R DIR ECT .Div1SI FREEDOf F INFORMATION AND PUBLICAtlONS SE RVICES N "
7 l^
- ilGdyVdMWfe +Mg$*ghpq%ll n.;N&v%. A . FWhi c J WWy/n .h:W ' @.lW
% &My y' o '
j $Ds : '
GhiW QM%%:%&: "!l MT% i u g n 5 L& Q l . : ^ $.d &IOO MdnEx '
$W gg 452nMAMlt 9704040189 970331 Q Q i [M M,{b2$$k[k%n$(WM n 3hr -m% i:4 ppimpRNH! '-
Q.E.
PDR FOIA ADe . . - e r -m thun.v-.,.n WILLIAM 96-466 ._
PDR o 2, W , M M b N. .. N,[. %, N. 'M- d <" W F~P W Y N # -
FOIA BiUMBER(s) DATE RESPONSE TO FREEDOM OF a
INFORMATION ACT (FOIA) REQUEST (CONTINUATitN)
FOIA - 7 j gg37 m'#
l PART 11.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) 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.
i l
- 1. The withheld mformation is properly classified pursuant to Executive Order. (Exemptiun 1) i
- 2. The withheld information relates solely to the mtemal personnel rules and procedures of NRC. (Exemption 2) l l3. The wethheld mformation is specifically exempted from pubhc disclosure by statute indicated. (Exemption 3)
Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 21612165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167L
- 4. The withheld mformation is a trade secret or comrnercial or fmancial mformation that is being withheld foe the reasontal indicated. (Exemption 4)
The information is considered to be confidential busmess (propnetary) mformation, The mformation is considered to be proprietary information pursuant to 10 CFR 2.790ldil11.
The mformation was submitted and received m confidence pursuant *o 10 CFR 2.790tdH2L (Examption 5). Appbcable Privilege:
Dehberetive Process: Disclosure of predecisional information would tend to mhsbet the open and frank exchar.g of ideas essential to the dehberative process Where records are withheld m their entirety, the f acts are inextricably mtertwined with the predecisionalinfortnation. There also are no reasonably segregable f actual
- 15. The withheld mformaten consists of portions because the release of the facts would permit an mdirect mquery mto the predecisenal process of the agency.
Attomey work-product pnvilege (Documents prepared by an attorney in contemplation of letagation l Attorney-client privilege. (Confidential communications between an attorney and his/her client.)
- 6. The withheld mformation is exempted from pubhc desclosure because its disclosure would result m a clearly unwarranted mvasion of personal privacy. (Exemption 6)
- 7. The withheld mformation consists of records compiled for law enforcement purposes and es being withheid for the reasonis) indicated (Exemption 7)
Disclosure could reasonably be expected to interfere with en enforcement proceeding because et could reveal the scope, direction, and focus of enforcement efforts, and thus covild possibly allow recipeents to take action to shield potential wrong 1omg or a violation of NRC requirements from investigators. (Exemption 7 ( A))
Disclosure would constitute an unwarranted mvasion of personal privecy. (Exemption 7(C))
The mformation consists of names of mdeveduals and other mformat#on the disclosure of which could reasonably be expected to reveal idenSties of confidential sources. (Exemption 7 (D))
OTHER PART 11. C-DENYING OFFICIALS Pursusnt 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 mterest. The persons responsible for the denial are those officials identified below as denying officials and the Director, Division of Freedom of Information and Pubhcations Services. Off ce i of Administration for any denials that may be appealed to the Executive Director for Operations (EDOL DENylNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL xW M e EDo SECAETARy IG
- sd44 / N, ,/ X y ,
Of PART 11. D- APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be oppealed to the Appellate Official identif' A there. Any such appeal must be made in writing within 30 days of receipt of this response. Appos6s must be addressed, as appropriate, to the Executive Director for Operations, tr .he Secretary of the Commission, or to the inspector General, U.S. Nuclear Regulatory Comm4sion, Washington, DC 20555, and should clearly state on the envelope and in the lar s er that it is en Appeal from an Imtial FOI A Decision."
NIC FEM 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION
- e. ,
o Re: FOIA-96-466 1 l
APPENDIX G RECORDS BEING RELEASED IN THEIR ENTIRETY l NQ, DATE DESCRIPTION /(PAGE COUNT) i
- 1. 08/26/96 Handwritten note from Bill Dean to Maria Lopez-Otin (1 page)
- 2. 09/05/96 Note to Commissioner Assistants from James Blaha, Assistant for Operations, OEDO,
Subject:
Background information for SECY 97-189 (6 pages) t
- 3. 9/18/96 Availability and adequacy of design bases information need for ,
50.54 with annotations (7 pages) t
- 4. 9/18/96 Availability and adequacy of design bases information need for 50.54 with annotations different from above (7 pages) g.
i
. I i
l l
.. -. ._ . ~ . -. ... .. . . - - - . - -. ~ . . - . .
o Re: FOIA-96-466 APPENDIX H RECORDS BEING WITHHELD IN PART MCL DATE DESCRIPTION /(PAGE COUNTl/ EXEMPTIONS
- 1. 10/01/96 E-mail from Kenneth Hart to Various regarding SRM on SECY 96189 (4 pages) EX. 5 I
varmu r uin ur ur, onnsun n. u o v i .. a - a a v sw .a su ..a s r . w vo N
a
- 6 J/R/A ASSOCIATES Regulatory Informadan & Support Systems P.O. Box 4604 CapitolHeights, MD 20791-4604 (301) 249-9672 October 25,1996 OGW-96-193 Mr. RusscR A. Powell, Chief FOIA/PA6 94, - fle la gg Freedom ofInformation/ Local Public Doenmmt gg //./3 9L RoomBranch gg (L,g M/S T6D8 gg U.S. NUCLEAR REGULATORY COMMISSION '
W=eingran, DC 20555
SUBJECT:
FREEDOM OFINFORMATION ACT REQUEST Dear Mr. Powell-Pursuant to the Freedom ofInformatinn Act (5 USC Paragraph 552), I hereby request copies of any and all docnmante related to the ican ance of the October 9,1996 letter from Mr. James Taylor, NRC Fm*ive Director for Operations, to3 1 cm Chief Fv=*ive Officers. 'Ihe letter requested information ymmiant to 10 CFR 50.54(f) res idicg the adequacy and availability of Design Bases infar==tiaa in order to provide the NRC added canfMance and assurance that nuclear power plants are operated and maintained withm the Design Bases and that any deviatione are reconciled in a timely manner.
I herein request aH information referred to in the above paragraph, in whatever form, written or otherwise, in+ ding, but not limited to, interoffice memoranda, records ofreviews pd r=-i by the NRC Staff and the Cammiedan, Wemaate, notes, surnmaries, drafts, wus.p=daam interview reporta, files, records, and any other data compilation, regardless oforinia=+ian For each and any requested item, or portion thereo( that you withhnM pursuant to a Freedom of Tararm=tia= Act exemption, please provide an index itemining and d+ / .g the itemps withhcid and individually dietasing the speciSc basis for the withhalding Whatever expenses may be .
associated with this request will be acceptable, up to a mas == of $500.00 and for any fees or expenses incurred pursuant to this request, please forward the charges, along with the regneed g records and infarm=tian, to my attantian at the address above.
Please callifyou have questions.
9203.2/002& PP9
. . . , . , . ,..n....s .an..... . . . ... .. .. .. .. .. ., .. .. . .. .
.4 .
i
.. =
i i
1't i
Mr. Powdl
- Page 2 4
4 j
Thank you for your services, s
i o
l E , !
- }
}
4 /
1 I
d 9
}
1 1
4 l
3 e
4 i
e b
'i 4
l 5
4 4
e l
4 i
1 a
j e 4
e a
4 3
i 4
1 2
d i
1: