ML20147H782

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Fifteenth Partial Response to FOIA Request for Documents. Forwards Documents Listed in App Y Being Made Available in Pdr.Records in App Z Being Withheld in Part (Ref FOIA Exemption 5)
ML20147H782
Person / Time
Issue date: 04/03/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Lance English
NORTHEAST OHIO REGIONAL SEWER DISTRICT
Shared Package
ML20147H788 List:
References
FOIA-96-444 NUDOCS 9704090069
Download: ML20147H782 (4)


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} 96-444 RESPONSE TYPE

g, 1 N RESPONSE TO FREEDOM OF lrmat lx leARTiat (15th)

INFORMATION ACT (FOIA) REQUEST ^

(e_./ APR 0 31997 DOCKE T NUMBEFHSt (If apphcabtel

..E QUESTE R Lawrence English PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes /

No agency records subject to the request have been located.

N2 UJditional agency records subject to the request have been located.

Stequested ry;ords are avadable through another public distributior, program. See Comments section.

Agency records subject it, the request that are identified in Appendix (es) are already available for public inspection and copying at the NRC Public Documer t Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix (es) Y are being made available for public inspection and copying y

at the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a fo:cer under this FOIA number.

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 Pubhc 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 N RC Local Public Document Room identified in the Comments section.

Enclosed is information on' how you may obtain access tc and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.'.7, 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 N RC for fees totaling $

You will receive a refund from the NRC in the amount of $

I l In vi:w 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 PUB;.tC DISCLOSURE Cert:In information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated 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 avallable for public X inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number.

COMMEN TS 1

1 *Copics of the records identified on Appendix Y and the releasable portions of the record l identified on Appendix Z are viClosed.

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WMC FORM 464 (Part fl (1911

y.; RESPONSE TO FREEDOM OF -

FotA NUM6EMsl DMs INFORMATION ACT (FOIA) REQUEST FOIA 444 /M 0 3 27

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PART N 8- APPLICABLE EXEM?TIONS Z are bein9 withheld in their entirety or in part under the Records subject to the request that are described in the' enclosed Appendix (es)

Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. SS2(b) and 10 CF R 9.17(a) of N RC regulations.

1. The wethheld information is property classtfied pursuant to Executive Order,(Exemption 1)

W 'The wsthheid mformation relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2) 3 The withhead inforenauon w spacefically exempted from pubhc disclosure by statute indicated. (Exemption 3)

Sections 141 145 of the Atomac 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!.

4. The withheld mformation is a trade secret or commercial or fmancial enformation that is bemg withheld f(t the reason (s) indicated. (Emetription 4) .

The informaten es considered to be conhdential busmess (proprietaryl mformation The information is consedered so be proprietary mformation pursuant to 10 CFR 2.790tdH1).

The mformation was submstted and received m confidence pursuant to 10 CFR 2 790(d)l21.

{The withheid mformation conssets of mteragency or mtraagency records that are not ava.lable through discovery dunng htigation (Exe Deliberstnes Process: Disclosure of predecisional mformation would tend to mhibst the open and frank enchange of edees essential to the dehberative process Where records are withheid m thest enterety, the facts are mestricably entertwined woh the predecisionaf mformation. There also are no reasonably segregable f actual X portions because the release of the f acts would permst an indirect inquiry mto the predecisional process of the agency I

Attomey work product peiwilege IDocuments prepared t)v an attorney m contemptation of 1,tegation i Attorney chent privilege. (Confidential communications between en attorney and tus/her chent.)

(Exemption 6)

6. The adhheld mformation es enempted from publ6C disclosure because its disclosure would result m a Clearly unwarranted mvasion of personal pnvecy

> - 7. the wethheld enformation consists of records competed for law enforcement purposes and is being withheld for the reason (s) endicated (Exemptio~n 7) 0,sclosure could reasonably be expected to hterfere with an enforcement proceedmg because et could reveal the scope, derection, and focus of enforcement efforts, and thus could possibly allow raciovents to take acten to shield potential wrongdoing or a violation of NRC requirements from investigators. (E semption 7 ( A))

D4 closure would constitute an unwarranted invasie, of personal privacy. (Exemption 7(CD The mformation consists of names of individvaes and orner mformation ene disciosure of which couid reasonably be enpected to revealidentities of conhdential sources. (Exemption 7 (DH OTHkR PART 11. C-DENYING OFFICIALS l

Pursuant to 10 CFR 9 25(b) and or 9 25(cl of the U S. Nucies, Regu atory (bmm c *mlations it has been determmed that the information withheld rs exempt from pro.

- duction or d.sclosure, and that its production or d<sclosur e it contrary to the pubhc mterest. The persons responsible for the denial are those officials identified below as denying, officeis and the Director, D. vision of Freedom of lef armation and Pabbcat ons Sereces. Of fice of Administration, for any denials that may be appealed to the Executive Director for Operetions tEDOI.

TITLf /OF FICE RECORDS DENIED APPELLATE OFFICIAL l OENYING OFFICIAL EM $ECEN O Regional Administrator App Z X IABillBeach pIII

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1 l PART N. D- APPEAL RIGHTS ,

l The demal by ead's denying ot%cial identified in Part ti.C may be appealed to the Appellate Off.cial identified there. Any such appeal must be enade in writmg within 30 days of receipt

. of th% response. Appoets must be addressed as appropriate, to the E mecutive Director for Operatens. to the Secretary of the Commasion, or to the Inspector, General. U.S. Nuclear Regulatory Commissen. Washington, DC 20665 and should clearly state on the envelope and in the letter that it is ao " Appeal from an initial FOi A Decision.

. N,.C FORM 464 (Port 2) (191) - U.S. NUCLEAR REGtAATORY COMMISS8ON

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Re: F01A 96 444 APPENDIX Y RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)

1. Undated Docir.et No. 030-16055,

Subject:

Safety Evaluation Report: Advanced Medical Systems. Inc.. Application to Amend NRC License No. 34-19089-01 Dated July

1. 1996 (4 pages)
2. 12/8/94 E-Mail from John Grobe to W Axelson,

Subject:

NE0RSD Petition (1 page) b

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Re: F01A 96 444 APPENDIX Z RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGECOUNT)/ EXEMPTION

1. Undated Draft letter to David Cesar from Cynthia Pederson '

(2 pages) EX. 5 h

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Northeast Ohio Regional Sewer District 3826 Euclid Avenue Cleveland, Ohio 44115-2504 216 881 6600 FAX: 216

  • 881 9709 October 18,1996 g Date Rec'd: /*M'N-Action Off.

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 documents of any kind or description regarding your licensee, Advanced Medical Systems, Inc. in 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 Ill pursuant to FOln-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.

Very t ly yours,

/.

Lawrence K. English Assistant Oeneral Counsel Q 0 Q C 'h U U The mission of the Northeast Ohio Regional Sewer Districtis to enhance public health and welfare through the etficient, cost-etfective conveyance and treatment of wastewater, This is accomplished by an organization dedicated to professionalism, f:irness and consistency that anticipates and responds to the changing environmental needs of the community

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