ML20137Q467
| ML20137Q467 | |
| Person / Time | |
|---|---|
| Issue date: | 04/08/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Hart K AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20137Q470 | List: |
| References | |
| FOIA-97-58 NUDOCS 9704100266 | |
| Download: ML20137Q467 (4) | |
Text
U2, NUCLEAR CE!ULATORY COMMISSION j
NHC FQlA HEQUEST NUMBER (Si
, w., FOIA - 97-0058
- g g RESPONSE TYPE j .
RESPONSE TO FREEDOM OF XM FINAL l l PARTIAL 5 INFORMATION ACT (FOIA) REQUEST DATE s,e ee.. .M 0 81957 DOCKET NUMBE H nSl ut appix:able)
RE QUEST E M Kathleen Hart PART 1,- AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboAeS/
No agency records subject to the request have been located.
No add;tional 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 tne NRC Public Document Room,2120 L Street, N.W., Washington, DC, Agency records subject to the request that are identified in Appendix (es) A -- are being made available for public inspe tiun and copying XX ct the NRC Pubhc Document Room,2120 L Street, N.W:, Washington, DC. in a folder under this FOl 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 FOI A numba
- Agency records subject to the reques. that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document Room identified in the Comments section.
Enclosed as information onhow 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.
XX Agency recordssubject to the request are enclosed. Appendix A, and the releasable portions of Appendix B documents Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you. a re enc l Osed .
Fees NONF You will be billed by the N RC for fees totaling 5 You will receive a refund from the NRC in the amount of 5 in view of NRC's response to this request, no further action is being taken on appeal letter dated , No.
PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE l
Csrt in 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 f or public insp;ction and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number,
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RESPONSE TO FREEDOM OF INFORMATION ACT (FOl A) REQUEST - .
-(CONTINUATION)
PART N.5- APPUCABLE EXEMPTIONS Ii l
3 Records subject to the request that are deucribed in the enclosed Appendix (es) are being withheld in their entirety or in part under the
. E ernption 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 information is properly classJfied pursuant to Executive Order. (Exemption 1)
- 2. The withheld mformation relates so6ely to the eternal personnel rules and procedures of NRC. (Exemption 2) 3 The withheld mformation is specifically esempted from publec disclosure by statute indicated. (Exemption 3)
Sections 141 146 of the Atomic Energy Act, which prohibits the' disclosure of Restricted Data or Fermerly 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. 2167).
- 4. The wrthheld mformation se a trade secret or commercial or fmancial mformatson that is bemg withheld for the reason (s) indicated. (Exemption 4)
The mformation is considered to be contsdentiel business (propnetary) mformation.
The information is cons >dered to be propnetary mformation pursuant to 10 CFR 2 790(dH1).
The mformaten we's submetted and received in confidence pursuant to 10 CFR 2.790(dH2). [
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yy l6. The withheld mformation consists of mteragency or mtraagency records that are not available through discovery dunng litegat on (Exemption 5). Applicable Privilege:
Debberative Process: Disclosure of predecisional mformation would tend to mhibit the open and frank exchange of ideas essential to the deliberative process.
Where records err withheld m their entirety the facts are meatncably etertwmed with the predecisional mformation There also are no reasonably searegable f actual yy portions because the release of the facts would permit an indirect mouiry mto the predecisional process of the agency Attorney work product pnvilege (Documents prepared by an attorney m contemplation of litigation i Attorney. client privilege. (Confidential communications between an attorney and his/her client.)
- 6. The withheid mformation is esempted from public disclosu e because its disclosure would result m a r clearly nu warranted evamon of personal pnvecy (Exemption 6)
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- 7. The withheld mformation consists of records compiled for law enforcement purposes and is bemg withheld for the reason (s) mdicated. (Exemption 7)
Disclosure could reasonably be espected to interfere with an enforcement proceeding because it couidle' vial the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to talte action to shield potential wrorigdoing or a violation of NRC requirements .
from 6nvesticators. (Ememption 7 4 A)) i Desciosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(C)) f the mformation consists of names of mdividuals and other mformation the disclosure of wh+ch could reasonant, be emoected to revealidentities of i confidential sources. (E nemption 7 (D))
Of hut
-l PART ll. C-DENYING OfflCIALS Pursuant to 10 CFR 9.25(b) and/or 9 ?5tc) of the U.S. Nuclear Regu!atory Commission regulations it has been detarmined that the information withheld is exempt from pfC+
duction of disclosure, and that its production or disclosure is contrary to the pubhc mterest. The persons responeble for the demai are those officials identified below as denymg officiair .nd the Director, Division of Freedom of Informat,on and Pubhcations Services. Office of Adm nistration, for any denials that may be appealed to the Executive Director 4 for Opertztions (EDO).
DENYING OFFICIAL l TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL
'l SECRETARY O
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- Sandra Joosten Executive Assistant " J OM4ee-of-the--Seeeetary Apcendh B e
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p l PART N. D- APPEAL RIGHTS r . The denial by acch denying officlal klentified 6n Port ll,C may be appealed to the Appettate Official identified there. Any such appeal must be made in wnting withm 30 days of recaipt
= of this response. Appeels must be addressed. as appropriate. to the Executive Director for Operations, to the Secretary of the Commassion, or to the inspector General, U.S. Nuclear I Regulatory Commission. Washington, DC 20fe55, and should clearly state on the envelope end in the letter that it 6s an " Appeal from en inrtial FOI A Decision?
NRC PIMM 464 (Port 2) (1-91) - U.S. NUCLEAR REGULATORY COMMISSION j
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Re 'FOIA-97-858 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)
NO. DATE DESCRIPTION /(PAGE COUNT) ,
f
- 1. 2/12/97 E-mail from Janice Dunn-Lee to Ken Hart subject, Draft SRM on COMSAJ 97-001 -
, International Reg Group-reply. 1 page
- 2. 2/14/97 Memorandum from John Hoyle to Chairman Sh1rley Jackson subject, COMSAJ 97-001 -
Working group meeting on International Nuclear Regulator coordination. 1 page l
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e Re: FOIA-97-058 APPENDIX B RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS
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- 1. 1/29/97. Memorandum from Chairman Shirley Jackson to the Commission.regarding COMSAJ 97-001 *
. Working Group meeting on International Huc.'. ear Regulator Coordination, (2 pages),
released in part - EX. 5, with attachments:
l Attachment it Slides: Working Group on InternationalNuclearRegulatorCoordination.
(24 pages) EX. 5, entirety Attachment 2: Discussion Draft - Terms of !
Reference for en International Nuclear Regulators Association. (4 pages) EX. 5, entirety Attachment 3: Agreed Topice of Discussion.
(1 page) EX. 5, entirety i i
Attachment 4: Draft letter to Thomam McNamara from Chairman Jackson. (2 pages)
EX. 5, entirety l i
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