ML20141L908
| ML20141L908 | |
| Person / Time | |
|---|---|
| Issue date: | 05/23/1997 |
| From: | Pool M NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Weimer D AFFILIATION NOT ASSIGNED |
| References | |
| FOIA-97-2 NUDOCS 9706030150 | |
| Download: ML20141L908 (3) | |
Text
hydOC6- U.S. NUCLEAR REGULATORY COMMISSION NRC FOIA REQUESf NUMBERIS)
FOlA 97-2 4
'g RESPONSE TYPE l l s RESPONSE TO FREEDOM OF 1 FINAL l )(l PARTIAL (6 th)
INFORMATION ACT (FOIA) REQUEST o^re
..eee NY 2 31997 DOCKET NUMBER \Si(if applicable)
REQUESTER I De' Ann W6imer l PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedbo res/
No agency records subject to the request have been located.
l No additional agency records subject to the request have been located. '
4 Requested records are 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 Room,2120 L Street, N.W., Washington, DC.
Agency records subject to the request that are identified in Appendix (es) 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 FOI A number, i 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 number.
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 copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
Atency records subject to the request are enclosed.
Records 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 totaling $
You will receive a refund from the NRC in the amount of $
In view of NRC's response to this request, no further action is being taken on appeal letter dated , No.
PART 18. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disciosure pursuant to the exemptions described in and for the reasons stated l In Part II, 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 i y inspection and copylng in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOf A number.
COMMENTS
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Fol A NUMBENsl oATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 97-2 I
(CONTINUATION) 23 E
( l PART 18.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) f are being withheld in their entirety or in part under the Exanption 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 property classified pursuant to Executive Order. (Exemption 1)
- 2. The withheld information relates solely to the intemal personnel rules end procedures of NRC. (Exemption 2) t l l3. The withheld information 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. 2167).
i-4.. The withheld inform.: ton is a trade secret or commercial or fmancial information that is being withheld for the reason (s) Indicated. (Exemption 4)
The information is considered to be confidential business (propnetary) information.
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The information is considered to be propnetary mformation pursuant to 10 CFR 2.790(dH11.
The mformation was submitted and receeved in confidence pursuant to 10 CFR 2.790tdH2).
- 6. The withheld information consists of interagency or mtraagency records that are not evadable through discovery durmg htigation (Exemption 5). Applicable Privilege:
Dehberative Process: Disclosure of predecisional mformation would tend to mhibet the open and frank exchange of ideas essantial to the teld arstsU process.
Where records are witnhold m their entirety, the f acts are meutncably intertwmed with the predecisional mformation. There also are no reasonably segregable f actual portions because the release of the facts would permit an indirect inquiry mto the predeasional process of the agency.
Attorney work-product pnvilege. IOocuments prepared by an attorney m contemplaton of htigation i Attorney client privilege. (Confidential communications between an attomey and his/her client.)
- 3. The withheld information is exempted from public disclosure because its disclosure would result m a c'Jarly unwarranted invasion of personal pnvecy. (Exemption 6)
- 7. The withheld information consists of records compiled for law enforcement purposes and is bemg withheld for the reason (s) mdicated. (Exemption 7)
Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements I from investigators. (Exemption 7 ( A))
Disclosure would constitute an unwarranted mvasson of personal privacy. (Exemption 7(C))
The information consists of names of individuals and other mformation the disclosure of which could reasonably be enoected to revealidentities of confidential sources. (Exemption 7 (OH OTHER PART l(. C-DENYING OFFICIALS Pursuant 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 w:thheld is exempt from pro.
duction or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial are those officials identified below as denying officials and the Director, Division of Freedom of Information and Publications Services Office of Administration, for any denials that may be appealed to the Exeutive Director for Operations (EDO).
DENYlNG OFFICIAL TITL EiOFFICE '
RECORDS DFNIED APPELLATE OFFICIAL Regional Administrator EDo SECRETARY IG Luis A. Reven RII Appendix F X PART 18. D- APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writing withm 30 days of receipt c f this response. Appeals must be addressed. as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, of to the inspector General, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an Appeal from an Instial FOI A Decision."
NRC FORM 464 (Part 21 (1-91) U.S. NUCLEAR REGULATORY COMMISSION
FOIA-97-2 APPENDIX F RECORD BEING WITHHELD IN ITS ENTIRETY
& DATE pjf;LpRIPTION/(PAGE COUNT)/ EXEMPTION
- 1. 11/15/96 E-Mail from M Miller, RII to C Tate, OI et al.,
Subject:
New Info on the St. Lucie Confidential Informant Case (1 page) EX. 7A l
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Jan. 3, 1997 F0lAIPAREQUEST f
Russell Powell FOIA Officer caseNo:
Date Rec'd:
N #[ff~' '
, Nuclear Regulatory Connission gg _M 0 OFFICE OF THE General Counsel Rdated om.
, Washington, D.C. 20555
Dear Mr. Powellt ,
Under 5 U.S.U., Section 552 of the Freed.C:ti of Information Act, I am requesting the following department documentation for the :<
i period starting on April 21, 1996 and ending on Dec. 21, 1996 for these Nuclear Regulatory Commission members or engloyees:
NRC Chairman Shirley Ann Jackson l NRC Regional Director Stewart Ebneter in Atlanta !
NRC branch chief for reactor projects Kerry Landis in Atlanta I NRC Deputy Regional Administrator Luis Reyes l j
NRC Branch Chief for Radiation Safety Kenneth P. Barr NRC Director of Reactor Safety Al Gibson in Atlanta
.NRC Director of Reactor Projects Ellis Merschoff in Atlanta ;
NRC St. Lucie resident inspector Mark Miller NRC Acting Branch Chief St. Lucie and Turkey Point Caudie Julian
- copies of all records related to travels to, from, or within the state of Florida. This request covers, but is not limited to, 4 any and all requests for travels and all receipts for airlines, hotels, meals and miscellaneous expenses incurred in the performance of their official duties for this period. ,
- copies of each page fram their official calamar and/or ,
appointment books kept in their official capacities either by them personally or an employee for the aforementioned period.
- copies of phone logs and/or phone billings from each "
individual's direct phone line and that of their administrative
. assistants and/or secretary receptionist for the same period.
- copies of e-mail from each individual or their assistant where the subject matter involves Florida Power & Light, one of its plants (Turkey Point and St. Lucie are the nuclear facilities), .
or FPL employees for this period.
- copies of correspondence or documents relied on in preparation :
of the most recent Annual Report of NRC's Allegation Advisor in which the St. Lucie Nuclear Power Plant and Florida Power & Light _
are discussed. .
Since I'm an enployee of a daily newspaper of general i circulation, I respectfully request that any and all reasonable g
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processing, copying and research costs related to this request be
! waived.
l l Also, I am requesting a reply in writing within 10 workdays or l receipt. Such reply can be sent to the letterhead address or i faxed to (561) 820-4578. I would appreciate inclusion of an estimated time to respond.to my request, noting I've tried to .
keep the scope as narrow as possible.
Your pronet attention to this matter is appreciated. ,
! Sincerely, , ,
L 'W YW l m. inn .e m r .
- Business reporter t
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