ML20137X094
| ML20137X094 | |
| Person / Time | |
|---|---|
| Issue date: | 04/15/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Williams O JRA ASSOCIATES |
| References | |
| FOIA-96-466 NUDOCS 9704210159 | |
| Download: ML20137X094 (4) | |
Text
^
' U.S. NUCLEAR RE!ULATO'.Y COMMIS$10N NHC FOtA REQUEST N ERf )
FOIA - 6O Me ghg 4 9 I IPARTIAL
- o Ry30NSE 1 YPE 1-RESPONSE TO FREEDOM OF
- l rmAL
~*
'(
f INFORMATION ACT (FOIA) REQUEST-o^'t fAPR 151997
.eee.
DOCKET NUMBERtS)(if aophcable)
Y EOVE ST ER e
PAR T 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)
No agency records subject to the request have been located.
No cddstional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Cornments section.
Agency records subject to the request that are identified in Append;x(es) are alread y 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 thid are identified in Appendix (es) are being made available for public inspection and copying ct the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOl A number.
The nonproprietary version of the proposaltst *st you agreed to accept in a telephone conversation with a member of my staff is now being made available for pubhc inspection and r,opying at the N RC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOl A number.
Agency records subject to the request that are ideatife in Appendix (es) may be inspected and copied at the N RC Local Public Document Room identified in the Comments section.
Erziosed as mformation 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 W4thington.. DC.
Agency records subject to the request are enclosed.
Ricords subject to the request have been referred to another Federal agency (ies) for review and direct response to you.
Fees 4
You will be billed by the N RC for fees totaling 5 You will receive a refund from the N RC in the amount of $
A] -
In view of N R C's response to this request, no further action is being taken on appeal letter dated
, No.
j PART 11. A-tNFORMATION WITHHELD FROM PUBLIC DISCLOSURE C;rttin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Ptrt il, B, C, a ui D. Any released portions of the documents for which only part of the record is being withheld are being made available for public
!*y inspection and copying in the NRC Pubik Document Room,2 t20 L Street, N.W., Washington, DC in a folder under this FOI A number.
\\
i COMMENTS I
1 I
=*b k sf Dj /
i i
a
/
p LONA DIRECTO Di te N OF EEDO INFORMATION ANO PUBLICATIONS $ERVICES
\\
't
)
O y ; a x,
y ;;y } * %,
m f x Q h %, % & Q Q G g y p y % } jf j
id hih b UU U
- h y[ ' b i N [Q@g E R M a d C $ &$ N D $ $ S
- i, -
j ~;. gmP.g 1
9704210159 970415 M M.y.; SM 3
WILLI AM96-466, PDR, ;E m ~& q%9. f. mom p m y g m.,.m, g g,
.4-i jfjm-
,g 1
_M
+ 4ng 4s
~
ww e :
pc
~
w
- o
.m
Fot,4 NUhtS E Rist DATE RESPONSE TO FREEDOM OF INFIRMATION ACT (FOIA) REQUEST FOIA - 7g f/M 7PR 1 B W e
(CONTINUATION) l PART 11.5-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in *
.or 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 NRC regulations.
- 1. The withheld intormation to pror,erty classif ed pursuant to Executive Order,(Exemption 1)
- 2. The withh4d informetson relates solely to the intamal persormel rules and procedures of NRC. (Exemption 2) l l3. The withhe6d mformation la specifically exempted from put:lec drsclosure by statute trusicated. (Exemption 3)
Sections 141145 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, wh6ch prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
- 4. The withheld mformatson as a trade secret or commercial or fmancial mformat#on that es being withheld for the reasonts} indicated. (Exemption 4)
The inforrnetton is considered to be confidential busmess (propnetary) information.
The information se consedered to be proprietary mformation pursuant to 10 CFR 2.790(dN1L The information was submitted and received in confidence pursuant to 10 CFR 2.790tdH2)
)(
- 5. The withheld mformation consssts of eteragency or mtraagency records that are not available through discovery dunng heigation (Exemption 5). Applicable Privilege:
Denberative Process' Disclosure of predecisional m ormstron would tend to mhrbit the open and frenk exchange of ideas essential to the deliberative process.
s Where records are withheld m thest enterety, the facts are sneatncably etertwmed with the predecisional mformation There also are no reasonably segregable factual portions because the release of the facts would perm:t en mdirect enouiry mio the predecisional process of the agency.
j Attorney work product pnvilege ! Documents prepared by an rtorney in tuntempiation uf litigation i j Attorney client privilege. (Confiderttial m.ounications between an attomey and his/her client.)
1
- 6. The withheld eformatum is esempted from pubhc disclosure becausa its disclosure would result m a clearly unwarrerited mvasion of personal pnvecy. (Exemption 6) s F. The withheld mformation consists of records compded for law enforcement purposes and is bemg wethheld for the reasonist mdicated. (Exemption 7)
Disclosure couki reasonably be expected to interfere with an enforcement proceedmg because 6t could reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potent;al wrongomg or a violation of NRC requirements frorgtors. (E xemption 7 ( A))
Disc 60sure would constitute en unwarranted mvasion of personal pnvecy. (Exemption 7(C))
The information consests of names of endividuals and other mformation the disclosure of which Could reasonably be taoected to reveal identities of confidentist sources. (Ezemption 7 (D))
t-H l
PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.26tb) and/or 9.2Sk) of the U S. Nuclear Regulatory Commission regulations it has been determined that the informations withheld is exempt from pro.
duction or disclosure. and that its production or disclosure is contrary to the public mierest. The persons responsible for the denial are those officials identif.ed below as denying officWs ami the Director, D< vision of Freedom of Information and Publications Services. Office of Admmistration, for any denials that may be appealed to the Executive Director
,a Operateons (EDOL f
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL Pk r/
x roo scceETARY 10 U? s f f
-W s
a i
1 1]
l PART 11. D-APPEAL RfGHTS The dernal by each deny 6ng official identified in Part II.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writing within 30 days of receipt of this response, Appeals must be addressed, as appropriate, to the Euscutrve Director for Operations, to the Secretary of the Commission, or to the Inspector General, U.S. Nuclear Regulatory Oommission, Washington, DC 20665, and shou;d cleerty state on the erwetops and in the letter that it is an Appeal from an Imtial FOI A Decision."
- NRC FORM 464 (Port 2) (191)
U.S. NUCLEAR REGULATORY COMMISS80N
i
- d, I
i Search-2 hr,30 min. SES @ $61.18 per hr.
$152.95 12 hr,55 min. professional @ $33.30 per br.
430.40 i
' 1 hr.15 min. clerical @ $15.79 per hr.
19.69 4
' Review-15.30
' 15 min SES @ $61.18 per hr.
102.70 3 hr. 5 min. professional @ $33.30 per hr.
45 min. clerical @ $15.79 per br.
11.70 Reproduction--
r
' 385 pages at $.20 per page 77.00 T
Total
$809.74 i
. Advance Payment
-(813.30)
REFUND
$ 3.56 i
l J
1 4
i I
I l
l 4.
4 Re: FOIA-96-466 APPENDIX K RECORDS BEING WITHHELD IN THElR ENTIRETY t
NQi DATE DESCRIPTION #PAGE COUNTVEXEMPTIONS 1.
09/09/96 Memo to W. Russell from S. Burns,
Subject:
Questions Related to the Licensing Basis, Design Basis, and the Final Safety Analysis Report for Facilities Licensed Under Part 50 with attachment, annotated by J. Conran (8 pages) EX. 5 1
a J
l 1
3 l
p -
e J/R/A ASSOCIATES Regulatory Information & Support Systems P.O. Box 4604 CapitolIIeights, MD 20791-4604 (30I)249-9672 October 25,1996 OGW-96-193 FOIA/PA REQUEST Mr. Russell A. Powell, Chief MNo:
9/e> ~
L Freedom ofInformation/ Local Public Document Date Rec'd:
//-* %
Room Branch Actid dec/
M/S T6D8 Rehte'd Case-U.S. NUCLEAR REGULATORY COMMISSION Washington, DC 20555 SUllJECf: 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. The letter 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 paragraph, in whatever form, written or otherwise, including, but not limited to, imeroffice memoranda, records of reviews performed by the NRC Staff and the Conunission, staternents, notes, sununaries, drafts, correspondence, interview reports, files, records, and any other data compilation, regardless of originstion.
For each and any requested item, or portion thereof, that you withhold pursuant to a Freedom of Information Act exemption, please provide an index itemizing and describing the iterns withheld and individually disclosing the specific basis for the withholding. Whatever expenses may be associated with this request will be acceptable, up to a maximum of $500.00 and for any fees or expenses incurred pursuant to this request, please fonvard the charges, along with the requested records and information, to my attention at the address above.
Please callifyou have questions.
i M MICO8h"*" Apf.
p
.. ~. - -.- -
l4a -:
~,
. ~..
1 t
Mr. Powell j
i Page 2 ;
3
?
i j
Dank you for your services.
i Sin
- ely, R) i he in G.
illiams f
,+
I k
I l
i 1
i n
i I
i i
1 i
i i
1 i
L l
'e I
.i']