ML20149J004
| ML20149J004 | |
| Person / Time | |
|---|---|
| Issue date: | 03/04/1994 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20149J006 | List: |
| References | |
| FOIA-93-514 NUDOCS 9501040215 | |
| Download: ML20149J004 (5) | |
Text
f/U M 6 FOIA 514 l
a f.ESPONSE TYPE
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RESPONSE TO FREEDOM CF X l n~^L l l PA-TiAL i
INFORMATION ACT (FOIA) REQUEST o^TE W
41994
%, e DOCKET NUMBE R(5) ttf apphcable)
..E OUE ST E R Patricia Tummons PART l.-AGENCY RECORDS HELEASED OR NOT LOCATED (See checkedboses)
N) agency records subject to the request have been located.
Ni additional agency records subject to the request have been located Raquested records are available through another public distributiori program. See Comments section, E
are aiready available for public inspection and copying et the Agency records subject to the request that are identified in Append;x(es)
X NRC Public Document Room,2120 L Street, N.W., Washington, DC, O
are being made available for public inspection and copying Agency records subject to the request that are identified in Appendix (es) s' the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOI A number.
X 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 ava:lable for pubhc 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 NRC Local Public Document Room identified in the Comments section.
Enclosed is information on how you may obtain access to and the char 75 f or copying records located at the NRC Public Document Room,2120 s N W., Washington. DC y
Agency records subject to the request are enclo ed.
Ricords subject to the request have been referred to ane,ther Federal agency (ies) for review and direct response to you.
F***
(Waiyed)
X You will be billed oy the NRC for fees totakng $
You win receive a refund from the NRC in the amount of $
In view of NRC's response to this request, no furtner action is being taken on appeal letter dated
, No.
PART 11. A-lNFORMATION WITHHELD FROM PUBLIC DISCLOSURE Ccrtain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated 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 inspection and copying in the NRC Pubhc Document Room,2120 L Street, N W., Washington, DC in a folder under this FOf A number, X
COMME NTS
- The records identified on enclosed Appendices D, E,
and F, are the remaining records subject to your request.
Copies of Appendix D and E records and the releasable portions of Appendix F records are enclosed.
Your request for a waiver of fees has been granted.
This completes NRC's action on your FOIA request.
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TUMMONS93-514 PDR TUi OIRECTOR,0 V '
.u RE E DOM P JRMATION AND PUBLICATIONS 5ERVICES v
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RESPONSE TO FREEDOM CF INFORMATION ACT (FOlA) REQUEST FOlA 93-514 NAR - 41994 (CONTINUATION)
.1' 37 PART 11.8-APPUCABLE EXEldPTIONS I Exemption No.(s) and for the reason (s) given below pursuant t Records subject to the request that are dancribed in the enclosed Appendix (es)
I are being withheld in their entirety or in part under the
- 1. The withheld enformaten is property claserfied pursuar.: to Executive Order. (Exemption 1)
- 2. The withheld mformaton relates solety to the mtemal personnel rules -and procedures of NRC. (Exemption 2)
-l l3. The withheld mformation se specifically exempted from public disclosure by statute indicated. (Exemption 3)
Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restracted Data (42 U.S.C. 2161-2165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
l l4. The wethheld mforenation es a trade secret or corUnetcial or financial information that is being withheld for the reasontal indicated. (Examption 4)
The mformation is considered to be conf 4ential business (propnetaryt informaten The mformaten es cons *dered to be proprietary mformation pursuant to 10 CFR 2 790tdH11 The information was submitted and received in confidence pursuant to 10 CFR 2190 ldh 2) l l5. The w thheld informaten consists of eteragency os mtraagen y records that are not avaiatae through discovery during htigaten (Enemption 5). Appiscable Privilege:
Deleberateve Process: Disclosure of predecisional m'ormation would tend to mhetrel the open and franh enchange of edeas essential to the dehberative process Where records are wethheld in their entirety, the f acts are enestricably etertwined with the predeces.onal mformation There also are ho reasonably segregable f actual porteons because the release of the f acts would permit an endnect inouiry erno the predecisenal process of the, agency Attomey work product previlege IDocuments prepared by an attorney e contemptation of lo gaten i EM Attorney-client privilege. (Confidential communicat ons between an attorney and his/her cisent.)
- 6. The withheld informaten is enempted from public disclosure because its disclosure moved resutt m a clearly unwarranted mvasion of personal pnvecy. (Enemption 6)
- 7. The withheld information consests of records compiled for ta* enforcement purposes and es bemg withheld for the reasontsi ed cated (Exemption 7)
Disclosure could reasonably be supected to anterfere with an enforcement proceeding because et could reveal the scope, direction, and focus of f,[
enforcement efforts, and thus could possibly allow recipients to take acten to shield potential wrongtioeng or a violation of NRC requirements y#
from investigators. (Enempton 7 (AH Disclosure would constitute an unwarranted mvasen of personal privacy. (Ememption 7(C))
T-The information consests of names of moividuals and other enformaton the dm hau<e rif which s ould reasor,atur be ennected to reveal ident ties of ffh i
confidential sources. (Enemption 7 (D1)
OTHER l
PART 11. C-UENYING OFFICIALS Pursuant to to CF R 9 25(b) and/or 9 25(c) of the U.S. Nuclear Regulatory Commissen reguimens, it has been determined that the mformaten withheld is eueenpt from pro-duction or disclosure, and that its production or disclosure as contrary to the public interest. The persons responshie for the denial are those officials sdentified below as denying officials and the Director, Diersion of Freedom of Information and Pubhcat ons Services. Off,ce of Administration, for any den <als that may be appealed to the E accutrve Detector i
for Operations tE00) 1 l
DENYING OFFICIAL TITLE / OFFICE RECDRDS DENIED APPELLATE OFFICIAL
_g oo secate o
IKennethE. Perkins, Jr.
Acting Regional App. F X
Administrator RV j
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PART 11. D-APPEAL RIGHTS The dsnial by each denying official identified in Part il.C may be appealed to the Appettate Official edentified there. Any such appeat must be made in writing wsthin 30 days of receipt sf this resporue. Appeals must be addressed, as appropriate, to the E mecutive Director for Operations to the Secretary of the Commission, or to the inspector General. U.S. Nuclear Rgulatory Commession. Washmaton, DC 20555. and should clearly state on the envelope and in the letter that it is an ** Appeal from an initial FOt A Decisen."
NRC F ORM 464 (Part 21 (191)
U S NUCLEAR REGULAT/ RY COMMIS$10N
J FOIA 93-514 t
APPENDIX D Documents to be released to requester & PDR i
Qgli Sub.iect Memorandum for J. Lieberman, OE from J. Martin, RV, re:
1.
12/7/90 NOV and proposed Civil Penalty for Fewell Geotechnical Engineering (4 pages) 2.
2/24/92 Memo to C. Cain, RIV from R. Pate, RV re: Assist Inspections of Diamond H Testing and Quest Associates, j
Inc. (28 pages) 3.
3/2/93 Memo to C. Cain, RIV from G. Yuhas, RV re: Assist Inspection of Diamond H Testing Co.
(20 pages) 4.
4/1/93 Letter to Dian.ond Testing Company from L. J. Callan, subject:
"NRC Inspection Report 030-32202/93-01 (Notice of Violation),"
with enclosure, (4 pgs.).
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R2:
FOIA-93-514 l
APPENDIX E DOCUMENTS MAINTAINED AT THE PDR NUMBER DATE DESCRIPTION 1.
11/1/90 Investigative Interview of Individual, r
Acc. No. 9103130167.
2.
2/12/91 Official Transcript of Proceedings, "Fewell Geotechnical Engineering, Ltd.,
Acc. No. 9102220253.
3.
7/8/91 Letter to Diamond Testing from Robert J.
Pate attaching copy of letter dated 2/15/91, Acc. No. 9107170126.
t...
1 Re FOIA-93-514 APPENDIX F DOCUMENTS BEING RELEASED IN PART T
NUMBER DATE DESCRIPTION 1.
3/4/91 Radiography Licensee Inspection Notes, (21 pgs.), - EXEMPTION S.
2, 5/9/91 Industrial Radiography Inspection Field Notes, (17 pgs.) - EXEMPTION 6.
3.
11/12/92 Industrial Radiography Inspection Field Notes, (17 pgs.) - EXEMPTION 6.
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