ML20149J000
| ML20149J000 | |
| Person / Time | |
|---|---|
| Issue date: | 03/30/1994 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Rheingold D MICHIGAN DAILY, ANN ARBOR, MI |
| References | |
| FOIA-94-93 NUDOCS 9501040208 | |
| Download: ML20149J000 (4) | |
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( FOIA 93 I
[b g 1 fyy RESPONSE TO FREEDOM OF niri"^'
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\e.oe j s h INFORMATION ACT (FOIA) REQUEST orte MAR 3 0 1994 -
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DOCKET NUMOERIS)(/f appiceedel RE QUESTE R l David Rheincold PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedbones/ ]
No agency records subject to the request have been located. l N3 additional agency records subject to the request have been located. l Requested records are available th' rough 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 Appandia(es) are being m&fs ava;lable 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.
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 l for public inspection and copying at the N RC Public Document Room. 2120 L Street, N.W., Washington, DC,in a folder under this FOlA number, j Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the N RC Local Public Document l Room identified in the Comments section. l Enclosed is inf ormation on how you may obtain access to and the charges for copying records located at the NRC Public Document Roorn,2120 L Street, l N.W., Washington, DC. l XX Agency records subject to the request are enclosed. ILi st on ADDendix A i s being released.1 !
Records subject to the request have been referred to another F ederal 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 N RC in the amount of $
In view of N R C's response to this request, no furtner action is being taken on appeal letter dated , No.
PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE _ ___]
Cartain information in the requested records is bein0 withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Port 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 XX 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 l
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SIGNATURE DIRECTOR FREEDO F ORMATION AND PUBLICATIONS $ERvtCES 9501040208 940330 PDR FOIA
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RHEINGOL94-93 PDR
.A ssus.me, om RESPONSE TO FREEDOM CF
. ilNFORMATION ACT (FOIA) REQUEST FOIA 94_93 g j994 (CONTINUATION) l . .
PART 3.0- APP'X* 8 EXERFTIONS Recorde wbject to the request that are described in the enclosed Appendix (esi E are being withheld in tholt entirety or in part under the ExemptWm No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 562(b) and 10 CF R 9.17(e) of NRC regulations,
- 1. The wahheld informaten se property closerfed pursuant to Emecuthre Order,(Enemption il 2 The withheld information relates soiety to the eters al personnel rules and procedures of NRC. (Ememption 2) l l3. The withheld informaten a specificeny exempted from pubhc discloeure by statuteindicated,(Ememption3)
Sections 141146 of the Atomic Energy Act, which prohibits the disclosure of Restricted Deta or Formerty Restricted Dete 442 U.S.C. 21612166L Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safsp.sards informaten (42 U.S.C. 2157).
l l4. The withheld mformaton is a trade secret or commercial or fmancial eformation that is bemg withheld for the reasontal indicated. (Ememption di The mformaten is considered to be confidential busmess (propnetaryl mformaten I
The mformation as considered to be proprietary mformation pursuant to 10 CFR 2 790tdH1b The enformation was submetted end received m confidence pursuant to 10 CFR 2 790 ldh 2).
- 5. The wethheld eformaten conessts of interagency or miraegency records that are not available through Cbscovery dunng htigaten (Exemption $). Appicable Privilege:
i Dehberative Process. Disclosure of predecisional information would tend to mhetat the open and frank enchange of eseas essentel to the dehberative process Where records are withheld m ther entirety, the f acts are enestricably entertweed with the predeces.onal mformation There also are no reasonstdy segregable f actual portions because the release of the f acts would perrmt an mdwect mouiry mto the predecisional process of the agency Attorney work product privilege tDocuments peepared by an attorney in contemplaten of hicaten i Attorney-client prtvilege. (Confidential communications between an attomey and his/her chent.)
- 6. The withheld mformaten is enempted from pubhc disclosure because its disclosure would result m a clearly unaseranted evasen of personal pnvecy. (Enemption 6)
- 7. The withheki mformaten consists of records compiled for law enforcement purposes and is being withheld for the reason (s) mdicated (Exemption 7) i Disclosure covid reasonably be espected to mterfere with an enforcement proceedmg because et could revul the scope, direction, and focus of I y enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a velation of NRC requirements A from investigators. (E nemption 7 ( A))
Disclosure wou6d constitute an unwenanted invasion of personal privacy. (Exempton 7(C))
N*D The mformation consists of names of individuais and other information the disc 60suee of which could eeasonab8, be esoected to reveat idee.tities of confidential sources. (Emempton 7 (Oli i WM OT Hf.R PART 18. C-DENYING OFFICIALS l
Pursuant to 10 CFR 9.25(b) and/or 9 25(c) of the U S. Nuclear Regulatory Commission regulations it has been dwteemmedhthat t e informaten withheld e enempt from pro-ducten or disclosure, and that its product.on or desciosure is contrary to the public mterest. The persons respons ble for the denial are those officiais identified belcur as l officials and the Director, Dais.on of Freedom of informaten and Pubhcations Services, Of fice of Administration, for any denials that may be appealed to the Executive D for Operatens IEDOL TITLE / OFFICE RECORDS DENTED APPELLATE Of flCIAL DENYtNG OFFICIAL l T6o Sa = a Director, Office of 1 IBenB. Hayes Investigations Appendix B XX i l
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I PART 11. D- APPEAL RIGHTS l l l The demat by each denying official identified 6n Part it.C may be appuled to the Appellate Official identified there. Any such appeal must be made in writing et this response. Appests erwst be addressed. es appropriate, to the E necutive Director for Operatens, to the Secretary of the Commessen, or to the inspe j Repitatory Commission, washington, DC 20565 and should clarly state on the envelope and m the krtter that it is an " Appeal from an inrtial FOI A Decisi U.S. NUCLEAR REGULATORY COMMIS$10N l NRC FORM 464 (Pert 2) (191)
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. APPENDIX A F01A 94 093 01 CASES REGARDING AGENCIES WITHIN THE STATE OF MICHIGAN ISSUED FROM JANUARY 1, 1993 TO PRESENT 3 93 002 University of Michigan / Ford Reactor 3 93 008 Fermi 3 93 009R Michigan State University 3 93 018 St. Marys Medical Center /Saginaw, Michigan 3 93 019 Saratoga Hospital / Detroit. Michigan 3 93 040 Cardiology Care. Inc./Kalamazoo l
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Re FOIA-94-93 APPENDIX B NUMBER DATE DESCRIPTION Various Some OI cases regarding agencies within the state of Michigan are either still ongoing, or relate to a pending enforcement action. A listing of these cases is being withheld pursuant to Exemption 7(A).
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