ML20147H297

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Fourteenth Partial Response to FOIA Request for Documents. Forwards Documents Listed in App W.Documents Will Be Placed in Pdr.App B Documents Being Withheld Completely (Ref FOIA Exemption 5.)
ML20147H297
Person / Time
Issue date: 03/27/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Lance English
ADVANCED MEDICAL SYSTEMS, INC.
Shared Package
ML20147H302 List:
References
FOIA-96-444 NUDOCS 9704020238
Download: ML20147H297 (6)
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u.a. fuvo,Lcars ricuvLx 4 Uri v t,vMMawavN NHC FOIA REQUEST NUMBERIS)

$ FOIA 444 p ., 3,

.T Mgl, V RESPONSE TO FREEDOM OF I FINAL RESPONSE TYPE h l PARTIAL (]QQ

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/ INFORMATION ACT (FOIA) REQUEST oATE W 77 y eeeee DOCKE T NUMBE RISi lit apptwable)

REQUESTER Lawrence Enalish _

PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked bomes)

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 the request that are identified in Append;xtes) are already available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

y Agency records subject to the request that are identified in Appendix (es) W 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 FOIA number.

l 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 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., Washington, DC.

X Agency 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 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 Certin information in the requested records is being withheld from public disclosure pursuant to the esemptions described in and for the reasons stated X

in P:rt it, 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 inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number, COMMENTS

  • Copies Of the records identified on Appendix W are enclosed.

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, RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 444 W 27 1997 (CONTINUATION) l PART 11.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (esi X are being withheld in their entirety or in part under the I Ezernption No.(s) and for the reason (s) given below pursuant to

1. The withheld mformation as properly classified pursuant to Esecutivo Order. (Exemption 1)
2. The withheld mformation relates solely to the mtemaf personnel rules and procedures of NRC. (Exemption 2)

-l l3. The withheld enformation is specifically exempted from public d4 closure by statute indicated. (Exemption 3) l Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of flestricted Data or Formerly Restricted Data 142 U.S.C. 2161-2165).

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( Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).

! '4. The withheld information is a trade secret or commercial or fmancial snformation that as being withheld for the reason (s) Indicated. (Exemption 4)

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i I The enformation es considered to be confidential business lpeoprietaryl mformatson.

The mformation es considered to be propnetary mformation pursuarit to 10 CFR 2 790(dHil.

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The mformation was submitted and received in confidence pursuant to 1D CFR 2.790 ldh 21

5. The withheld mformation consists of mteragency or mtraagency records that see not evadable through discovery during htigation. (Examption $), Apphcable Privilege:

Dehberative Process: Disclosure of predecisional mformation would tend to enhibit the open and frank exchange of ideas essential to the deliberative process

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X p"o"rtions because the release of'the f ac'ts'w' 'ould permit an indirect enouiry mto the predecisional process of the agency Attorney work product privilege IDocuments prepared by an attorney in contemplation of htigation i .

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Attorney. client privilege. (Confidential communications between an attorney and his/her client.)

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6. The withheld informstron is esempted from pubhc disclosure because its disclosure would resu't m a clearly unwananted evenion of personal pnvecy (Exemption 6)
7. The withheld mformation consists of records compiled for law enforcernent purposes and is being withheld for the reasonist mdicated. (Exemption 7)

Disclosure could reasonably be expected to interfere with an enforcement proceedmg because et could reveal the scope, direction, and focus of i enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdo ng or a violation of N RC requirements from investigators. fEmemption 7 ( A))

Disclosure would constitute an unwananted invasion of personal privacy. (Ememption 7(C))

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The mformation consists of names of individuals and other informatiun the disclosure of v6hich could reasonably be espected to reveer identities of confidential sources. (Enemption 7 (D))

OTHER PART 11. C-DENYING OFFICIALS Pur2uant to 10 CF R 9.25(b) and/or 9.25(c) of the U.S. Nuclear Regulatory Commission regulations it has been determined that the information withheld is enempt from pro.

i ductioF or disclosure, and that its production or disclosure is contrary to the pubhc interest The persons responsible for the denial are those officials identified below as denying i officials and the Director, Division of Freedom of information and Pubhcations Services. Office of Admmistration, for any denials that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL TITLE > OFFICE RECORDS DENIED APPELLATE OFFICIAL i Regional Administrator _ Im Sa m o A. Bill Beach R1 11 App Y X l

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PART 11. D- APPEAL RIGHTS The denial by each denying official identihad m Port II.C may be appealed to the Appellete Official identified there. Any such appeal must be made in wntmo within 3o days of receipt of th's response. Appeals must be addressed, as appropriate, to the E xecutive Director for Operations, to the Secretary of the Commission, or to the Inspector General, U.S. Nuclear Coeulatory Commission, Washington, DC 20655, and should clearly state on the envelope and m the letter that it is en Appeal from an initial FOI A Decision."

i l NiC FARM 464 (Part 2) (101) U.S. NUCLEAR REGULATORY COMMISSION  :

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Re: FOIA-96-444 APPENDIX W RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)

1. Undated Draft ltr K. Null to AMS re: concerns with conceptual decommissioning plan (3 pages)
2. Undated Demand Assurance history and Conceptual i Decomm. plan for the London Road faculty l (51 pages)  !
3. 03/30/95 Ltr, J. Grobe to AMS re: NRC review of decommissioning cost estimate (2 pages) i
4. 04/27/95 Ltr, AMS to NRC responding to 03/30/95 letter i (1 page each - two different receipt dates)
5. '05/04/95 Letter J. Madera to AMS granting extension to l response time (4 pages)  ;
6. 05/30/95 Letter D. Cessar to J. Madera re: response  :

to request for information on Decommissioning  ;

Plan (3 pages) li

7. 06/28/95 Memo L. Bykowski to K. Null re: HQ renewal ,

cost estimate response (4 pages) l

8. 06/28/95 Same as above with personal notes (3 pages)
9. 08/17/95 Ltr J. Madera to AMS re: decommissioning cost l estimate (2 pages)
10. 09/01/95 Ltr AMS to NRC re: Decommissioning Funding Plan (1 page)
11. Undated Worksheet for CN # 398507 (6 pages)
12. Undated Worksheet for CN # 398507 with 03/30/95 letter (3 pages)
13. 10/20/95 Ltr AMS to NRC re: conceptual decommissioning plan (35 pages)
14. 11/03/95 Misc. licensing documents re: AMS conceptual decommissioning plan (26 pages) l i

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Appondix W Re: F0IA-96-444

15. 04/12/96 Ltr AMS to NRC re: conceptual decommissioning plan with personal notes (14 pages)
16. 05/09/96 Regional Technical Assistance Request re: CN 398S07 (25 pages)
17. 08/16/96 Memo D. Cool to J. Madera re: TAR for AMS (28 pages)
18. 08/30/96 Ltr AMS to NRC re: Conceptual Decommissioning i Plan (36 pages) l
19. 13/30/94 Memorandum to The Chairman et al., from James Taylor,

Subject:

Status of Staff Activities Related to Sewer Reconcentration Issues (2 pages) 1 I

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i Re: FOIA-96-444 APPENDIX X 4 RECORDS BEING WITHHELD IN THEIR ENTIRETY i NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. Undated Personal Notes (1 page) EX. 5
2. Undated Draft ltr NRC to AMS re: Notice of Denial of l Request for SAFSTOR (5 pages) EX. 5
3. Undated Same as 2 above. (different notations) (6 pages) EX. 5
4. Undated Partial Draft of Deficiency letter to AMS by K. Null (2 pages) EX. 5
5. ~ Undated Fax transmittal w/HQ feedback on draft
deficiency letter (4 pages) EX. 5 j 6. Undated Draft ltr K. Null to AMS re
Conceptual 1

Decommissioning plan (3 . page s) EX. 5

7. Undated Same as 7 above. (different notations) (2 I pages) EX. 5 l 8. Undated Draft ltr NRC to AMS re: Conceptual Decommissioning plan (3 pages) EX. 5
9. Undated Draft ltr NRC to AMS re: Conceptual Decommissioning plan (3 pages) EX. 5
10. Undated Draft ltr NRC to AMS re: Conceptual Decommissioning plan (6 pages) EX. 5
11. Undated Partial draft page (1 page) EX. 5
12. 12/22/94 Notes re: Telephone conversation with Cindi Jones, author unidentified (2 pages) EX. 5
13. 04/28/95 Internal licensing milestone form with draft letter, NRC to AMS (10 pages) EX. 5
14. Undated Draft letter, NRC to AMS re: DFP (11 pages)

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e Appendix X 2 I FOIA 96-444 1

15. 10/25/96 Telecon summary, RIII and NMSS (2 pages) l EX. 5
16. 11/15/96 Telefax M. Zobler to M. Weber re: comments on AMS letter (4 pages) EX. 5  ;

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iM Northeast Ohio Regional Sewer District l

3826 Euclid Avenue Cleveland, Ohio 44115-2504 216 881 6600 FAX:216 881 9709 l October 18,1996 g.gg FOIA/PA REQUEN Date Rec'd: /* ~# N l Action 0ft: FO D/ -

i Related Case:

Director, Division of Freedom ofInformation and Publications Services Office of Administration U.S. Nuclear Regulatory Commission Washington,DC 20555 Re: FOIA Request for Documents

Dear Director:

The Northeast Ohio Regional Sewer District (NEORSD) hereby requests copies of all 9 documents of any kind or description regarding your licensee, Advanced Medical Systems, Inc. in h

any way whatsoever developed since representatives of the Northeast Ohio Regional Sewer District (NEORSD) visited the Lisle, Illinois, headquarters of the Nuclear Regulatory Commission's Region III pursuant to FOI A-94-494.

The above request is made pursuant to the Freedom ofInformation Act and 10 CFR Sec.

9.15. The NEORSD has no commercial interest in the requested documents and requests a waiver .

of all fees pursuant to 10 CFR Sec. 9.41.

Please call me at (216) 881-6600, ext 826, if you have any questions about the foregoing.

Thank you in advance for your assistance.

Vey ly yous, t;

~sns, Lawrence K. English Assistant General Counsel l

The mission of the Northeast Ohio RegionalSewer Districtis to enhance public health and welfare through the etficient, cost-cffective conveyance and treatment of wastewater. This is accomplished by an organization dedicated to professionalism.

faimess and consistency that anticipates and responds to the changing environmental needs of the community

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