ML20141C177
| ML20141C177 | |
| Person / Time | |
|---|---|
| Issue date: | 06/20/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Boryc N AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20141C180 | List: |
| References | |
| FOIA-97-201 NUDOCS 9706250036 | |
| Download: ML20141C177 (3) | |
Text
gggg u.s, NUCLEAR REIULATORY COMMISSION NRC FOlA HEQUEST NUM8ERtS) q\ w FOIA 2a/ r:ESPONSE TYPE
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0 RESPONSE TO FREEDOM OF Jrf FINAL l l PARTI AL s INFORMATION ACT (FOIA) REQUEST b^N E s,e..ee/ JUN P. 01997 OOCKET NUMBERtSIIt! applicable)
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$U PART l.--AGENCY RECORDSJ(LEASED OR NOT LOCATED /See checked boxes)
No agency records subject to the request have been located.
No additional agency records subject to the request have been located.
Requested records ara 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 Rnom,2120 L Street, N.W., Washington, DC.
Agency records subject to the requesi 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 OI A number.
Thi 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 ava;lable for public inspection and copying at the N RC Putfc Document Room,2120 L Street, N.W., Washington, DC, in a folder ender tHs FOI A number, Agency records 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 infctmation on how you may obtain access to and the charges for copying records located at tl.a NRC Public Document Room,2120 L Street, N.W., Wahington, DC.
Agency records subject to the request are enc losed.
Rtcords subject to the request have been referred to another Federal agcncy(ies, ;or review and direct response to you.
Fees You will be billed by the NRC for fees totaling $
, ou 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 l 0:rtain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons statej in Part II, B, C, and D. Any released portions of the documer:ts for which only part of the record is being withheld are being made availat le 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 nurr.ber, COMME NTS A
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FOIA NUMaEMS) OME f , RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA cy;L w/ .J~UN 20 1 (CONTINUATION) l PART 11.B-- APPLICABLE EXEMPTIONS Records subject te the request that are described ist 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
- 1. The withheid anforrra tion is properly class #fied pursuant to Executive Order. (Exemption 1)
- 2. The wethheld informate relates soiely to the internal personnel rules and procedures of NRC. (5xemption 2) l l 3. The withheld information is specifically exempted from publ+c disclosure t,y statute indicated. (Exemption 3)
Sections 141145 of the A.omic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Dats (42 U.S.C. 21612165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassifiei Safeguards information (42 U.S.C. 2167).
l l $. The withhold inintmation is a trods secret or commerc al or financial information that is bemg withheld f ar the reason (s) indicated. (Exemption 4)
The information 6s conaedered to be confidential business (propnetary) micemation.
The information is conssired to be propnetary information pursuant to 10 CFR 2.790td)(1).
The informate was submitted and #eceived in confidence pursuant to 10 CFR 2.790(dH21.
- 5. The withhe6d mformation consists of mteragency or mtraagaricy recoeds that are not available through discovery dunng litigation. (Exemption 5). Applicable Privilege:
Daltberative Process: Disclosure of p'edecisional mformation would tend to mhebit the open and f#ank exchange of adeas essential to the dehberative process.
Where records are withheld in ther entrety, the f acts are mentreably mtertwood with the predecisional mfortnation. There also are no reasonably segregable factual portione because the rebase of the iacts would permat an indrect enquiry mto the predecisional process of the agency. j Attorney work product pnvilege. (Documents prepared by an attorney m conternplation of litsgation 1
-E Attorney client privliege, (Confidential communications between an attorney and his/her client.)
- 6. The withheld information is enempted from public disclosure because its disclosure would result m a clearly unwarranted invasion of pevsonal pnvacy. (Exemption 6)
- 7. The withheld information consists of records compstad for law enforcement purposes and is bemg withheid for the reason (s) mdicated. (Exemption 7)
Disclosure could reasonably be expecteo to interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of V enforcement efforts, and thus could possibly allow recipients to take actio9 to shield potential wrongdoing or a violation of NRC requirements i from investigators. (E xemption 7 ( A))
Desclosure would constitute an unwarranted invasson of personal privacy. (Exemption 7(C))
The informate conssts of names of individuals and other info'mation the disclosure of which could reasonably be enoected to revealidentities of conNentsa sources. (Exemr: ion 7 (D))
OTHER l PART 11. C-DENYlNG OFFICIALS Pursu:nt to to CF R 9.25(b) and/or 9.25(c) of the U.S. Nuclear Regulatory Commission re plations, it has been determined that the information withheld is exempt from pro- !
duction or disclosure, and that its production cr disclosure is contrary to the public interest The persons reponsible for the denial are those officials identified below as denying Efficicis and the Director, Divi. ion of Freedom of Information and Publications Serv.ces. Office of Administration, for any denials that may be appealed to the Executive Director ,
for Operations (EDO). !
DFNYING OFFICIAL TITLE / OFFICE RECOROS DENIED APPELLATE OFFICIAL l
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I l PART IL D- APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Officialidentified there. Any such appeal must be made in writing within 30 days of receipt of th's response. Appos;s must be addressed, as appropriate, to the Executive Diructor for Operations. to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Ragutatory Comrmssion, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an initial FOI A Decision."
NRC FORM 464 (Part 2) (1-91) U.S. NUCLEAR REGULATORY COMMISSION
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Re: FOIA-97-201 i
APPENDlX A RECORDS BEING WITHHELD IN THEIR ENTIRETY tL1 DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS
- 1. Various Allegation File Rlll-92-A-0129 (approximately 1 inch) EX. 7A i
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