ML20138J257
| ML20138J257 | |
| Person / Time | |
|---|---|
| Issue date: | 01/30/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Chapman N BECHTEL CORP. |
| Shared Package | |
| ML20138J260 | List: |
| References | |
| FOIA-96-471 NUDOCS 9702060203 | |
| Download: ML20138J257 (3) | |
Text
U.v. tvut,Lt Art H LO ULA l OH Y COMMISb4VN NHC FoiA Mout tsi FOlA W;s1 NsY7/
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RESPONSE TO FREEDOM OF yl FINAL l l PARTIAL g
INFORMATION ACT (FOlA) REQUEST oME
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JAN 3 01997 DOCKET NUMBERtSi(t/apphcable)
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Alme6f f4RT l.-AGENCY READRDS RELEAtED 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, Agency records subject to thr 41 that are identified in Appendix (es) are already available for pubhc intpection and copying at the NRC Public Document Room,
,s L Street, N.W., Washington, DC.
Agency records subject to the request that are identified in Apperidix(es) are being made available for public inspection and copying tt 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 staf f is now being made available for public inspection and copying at the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.
Age' icy records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document Roc n identified in the Comments section.
Enclosed is information on how ycu 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.
Ricordt subject to the request have been referred to ano ner 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 $
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 Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for th9 reasons stated j'
In Pcrt !!, 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
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insp ction and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number, COMMENTS ff.,. A c.,d.
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CHAPMAN 96-471 PDR CC FZRM 464 (Part il (1-91)
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DATk RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FC;A -jy( q /
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(CONTINUATION)
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.
- 1. The withheld information is properiv classified pursaant to Ems 9tive Order. (Exemption 1)
- 2. The withheld mformation relates solely to the mtemal personnel rules and grocedures of NRC. (Exemption 2) l l3. The withheld informat on is specifically esempted from public disclosure by statute indicated. (Exemption 3)
Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U.S.C. 21612165L Section 147 of the Atomi. Enr gy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167),
'4. The withheld mformation es a trade secret or corrwasercial or financial information that is bemg withheld for the reasontsi indicated. (Examption 4)
The mformaten is considered to be confidential business (propnetary) mformaten.
The mformation is considered to be propnetary information pursuant to 10 CFR 2.790ld'(1L The mformat on was submitted and received m confidence pursuant to 10 CFR 2 790 ldh 2O
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K 5. The withheld mtormation consists of mteragency or mtraagency records that are not available through discovery during htigaten (Ememption 6). Applicable Privilege:
Deliberative Process: Disclosure of predecisional mformation would tend to mhsbit the open and frank enchange of ideas essential v3 the dehberatsve process Where records are withheld in their enterety, the f acts are mentricably intertwined with tha predecisionalinformation. There also are na reasonably segregable f actual portions because the release of the f acts would permet an indirect snquiry into the predeCisional process of the agency Attorney work product pnvilege IDocuments prepared by an attorney m contemplateon of litigation i Attorney chent privilege. (Confidential communica %s between an attorney and his/her client.)
- 6. The withheld information is esempted from pubhc disclosure because its disclosure would result m a clearly unwarranted invasion of personal pnvecy (Exemption 6)
- 7. The withheld mformation consists of records compiled for law enforcement purposes and is being withheld for the reasonisi indicated (Exemption 7)
Disclos'ure could reasonably be expected to interfere with an enforcement procettng 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. [ Exemption 7 (A))
Disclosure would constitute en unwarranted mvas.on of personal pnvecy. (Ememption 7(Cl)
The inforraation consists of names of mdividuals at d other mformaison the disclosure of which could reasonably be eaDected to reveal identities of confidential sources. (Evempton 7 (DH OTHER l
PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(b) and'or 9 25(cl of the U.S. Nuclear Regulatory Commission regulat,ons. it has been determined that the mformation withheid is exempt from pro.
duction or disclosure, and that its peoducten or disclosure is contrary to the pubhc mterest. The persons responsible for the denia! ;re those offic6als identified below an denymg officials and the Director, Division of Freedom of Information and Publications Services. Office of Adminestration for any deniais that may be appealed ta the Executive Daector 1
for Operations (EDOL l
l DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE OFFICIAL l
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PART 11. D-APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Official irientified there. Any such appeal must be made m wntmg within 30 days o* receipt of this response. Appeals must be addressed as appropriate. to the E ascutive Director for Operatens. to the Secretary of the Comfnession, or to the inspector General, U S. Nuclear R gulatory Commissen, Washmgton, DC 205L5, and should clearly state on the envevpe and in the letter that it is an " Appeal from an initial F OI A Decmon,"
NRC FORM 464 (Part 2) (1-91)
U S. NUCLEAR REGULATORY COMMIS$40N
Re:
FOIA-96-471 i
APPENDIX A RECORDS BEING WITHHELD IN PART N__Q.,.
DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.
1/17-18/96 NRC Senior Management (SMM) Summary (16 pages) EX. 5 1
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