ML20149J038
| ML20149J038 | |
| Person / Time | |
|---|---|
| Issue date: | 07/21/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Kyte J AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20149J042 | List: |
| References | |
| FOIA-97-68 NUDOCS 9707280017 | |
| Download: ML20149J038 (4) | |
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U.S. NUCLEAR RE!ULATORY COMMISSION NHC FOlA HEQUEbT NUMBE H(S)
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FOIA 0068 RESPONSE TYPE
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j RESPONSE TO FREEDOM OF l FINAL d PARTIAL (7thI
/ INFORMATION ACT (FOIA) REQUEST DATE J)L 21 133; DOCKEI NUMBER (S)Ilf apphceD/e/
REQUESTE R John R. Kyte PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See enecked boxes) l 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 Appendix (es) are already available for public inmection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
Agency records subject to the request that are identified its Appendix (es) L are bemg made available for public inspection and copying X st the NRC Public Document Hoom,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 statf is now beirsg maue 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 it. the Comments section.
Enclosed is information on how you may obtain access to and the charges for copying records located at tne NRC Public Document Room,2120 L Street, N.W., Washington, DC, X A 9ency 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.
Fess You will be billed by the N RC for fees totaling S You will receive a refund from the N RC in the amount of $
in view of NRC's response to this request, no further action is being taken on appeal letter dated , No.
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PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE l Certain information in the requested records is being withheld from public disclosure pursuant to the exerr.ptions 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 !
X inspsction and copying in the NRC Public Document Room,2120 L Street, N W., Washington, DC in a folder under this FOI A number.
l COMME NTS The records identified on enclosed Appendices L and M are responsive to your request. A copy of the Appendix L record is enclosed. However, the appendix M records are being withheld in their entirety.
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l eoiAmuusamst oara j RESPONSE TO FREEDOM OF j 'INFORMATION ACT (FOIA) REQUEST FOIA -- 97-0068 g 23 g (CONTINUATION) l l PART ll.B- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) M are being withheld in their entirety or in part under the Exernption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(a) of NRC regulations.
- 1. The withheld information is properly classified pursuant to Executive Order. (Exemption 1)
- 2. The withheld mformation relates solely to the internal personnel rules and procedures of NRC. (Exemption 2)
-l l 3. The withheld information is specifically esempted from public 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).
l l4. The withheld mformation is a trade secret or commercial or financialinformation that es bemg withheld for the reason (s) indicated. (Exemption 4)
! I The mformation rs considered to be confidential busmens loroonetary) mformation.
The information is considered to be propriatary inforn ation pursuant to 10 CFR 2 790ld)ll). ,
The mformation was submitted and received in confidence pursuant to 10 CFR 2 790ldll2), 1 l
l l X l5. The withheid mformation consists of mteragency or mtraagency records that are not av6dable through discovery during litigation (Exemptiun 5). Applicable Privilege: j Deliberative Process: Disclosure of predecisional information would tend to mhibit the open and frank enchange of ideas essential to the dehberative process Where records are withheld in their entirety, the f acts are inextricably mtertwined with the predecisionalinformation. There also are no reasonably segregable f actual X portion, because in. ,eiease of the f acts wouid permai an indi,eci inoui,y mio tne o,edecisionai p,ocoss of ine agency.
I Attomey work-product pnvilege IDocuments prepared by an attorney in contemplation of litigation 1 Attorney. client privilege. (Confidential communications between an attorney and his/her client.)
- 6. The withheld information is enempted from pubhc disclosure because its disclosvee would result m a clearly unwarranted invasion of personal pnvecy (Exemption 6)
- 7. The witN"eed mformation consists of records compiled for law enforcement purposes and is being withheld for the reasontsi indicated, (Exernation 7)
Disclosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg of a violation of NC requirements from investigators. (Exemption 7 (A))
Oisclosure would constitute on unwarranted mvasion of personal privacy. (Exernption 7(C))
The mformation consists of names of edividuals and other mformation the disclosure of which could reasonabit be expected to revealidentities of 6.L confidential sour;es. (Exemption 7 (D))
OTHER PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25tb) and'or 9 25(c) of the U.S. Nuclear Regulatory Commrssion regulations, it has been determined that the information withheld is exempt from pro- i duction or d v .osure. and that its production or d.sclosure is contrary to the Di ,;c interest. The perses responsible for the denial are those of ficials identified beiow as denye officials and tne Director, Division of Freadom of Information and Publications bervices. Office of Administration, for any dentals that may be appealed to the Executive Directo.
for Operations (EDO).
DENYING OFFICIAL TITLE < OFFICE RECORDS DENIED APPELLATE OFFICIAL EDO SECRETARY lG Stephen G. Burns. Associate General Counsel Apo. M X for Hearings Enforcement s s and Administration r
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PART 11. D- APPEAL RIGHTS Ths dsnial by each denying official identified in Part ll.C may be appealed to the Appellate Officialidentified there. Any such appeal must be made in writing within 30 days of receipt of this response. Appeals must be addressed. as appropriate. to the Executive Director for Operations. to the Secrttary of the Commission, or to the inspector General, U.S. Nuclear Rigulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an initial FOl A Decision."
NRC FORM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION j
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t Re: FOIA-97-0068 APPENDIX L 1
RECORDS MAINTAINED IN THE PDR UNDER THE ArOVE REQUEST NUMBER ;
NUMBER DATE DESCRIPTION /PAGES
- 1. 8/26/96 Ncte to Commissioner Assistants from J. Blaha, subject: " Staff
- Responses to Chairman's Questions Concerning Envirocare," (3 pgs.).
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. APPENDIX M DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY ~
NUMBER DATE DESCRIPTION / EXEMPTION /PAGES j 1. 1/6/97 Allegation Review Board, Allegation j Number: NMSS-97-A-0001, (2 pgs.) -
WITHHELD, EX. 5.
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! 2. 1/14/97 Allegation Review Board,' Allegation I
Number: NMSS-97-A-0001, (2 pgs.) -
WITHHELD, EX. 5.
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EGAN & ASSOCIATES, P.C.
Counselors at Law 2300 N Street, N. W Washington, D.C. 20037 j
Telephone (202) 663-9200 l Fax (202) 663-9066 February 24,1996 Caeek VIA FACSIMILE ((301) 415-7010) gg _'LT g.yy_ {OG8 AND VIA FIRST CLASS MAIL Mr. Russell A. Powell, Chief ActionOff:
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FOIA/LPDR Branch Division of Freedom ofInformation and Publications Services Office of Administration U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 RE: Freedom ofInformation Act Request
Dear Mr. Powell:
Pursuant to the Freedom ofInformation Act (5 U.S.C. % 552) and the U.S. '
Nuclear Regulatory Commission (NRC) regulations (10 C.F.R. Part 9, Subpart A),
please provide me with a copy of the following documentation:
- 1. All documentation submitted to any office of NRC from or pertaining to Envirocare of Utah, Inc., since April 1,1996. I
- 2. All documentation sent by any office of NRC to or pertaining to Envirocare of Utah, Inc., since April 1,1996.
- 3. All documentation submitted to any office of NRC from or pertaining to Waste Control Specialists LLC (WCS) of Pasadena, Texas, since April 1,1996, 2 " Documents" means any written, recorded or graphic material of any kind, whether prepared by NRC or by any other person, that is in NRC's possession, custody or control. The I
term includes, but is not limited to: letters; telegrams; cables; interoffice communications; memoranda; reports; analyses; authorizations; notebooks; lists; outlines; schedules; charts; I applications; and minutes or notes of raeetings or conferences (in each case whether stored in electronic / computer form or hard copy).
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EGAN & ASSOCIATES, RC.
Counselors a.' la l Mr. Russell A. Powell February 24,1997 Page 2 including but not limited to documentation from members of the Texas Legislature and/or representatives of Texas state government or regulatory agencies.
- 4. All documentation sent by any office of NRC to or pertaining to Waste Control Specialists LLC (WCS) of Pasadena, Texas, since April 1,1996, including but not limited to documentation to members of the Texas Legislature and/or representatives of Texas state government or regulatory agencies.
If riy or all of this request is denied, please cite the specific exemption (s) relied upon by NRC for such denial, and inform me of any appeal procedures available under the law. I would greatly appreciate NRC handling this request as quickly as possible as responsive documents may have relevance to on-going legal proceedings. In any event, I look forward to hearing from you within 10 days as required by law.
If you need any further information to process this request, please do not hesitate to contact me during the day at (202) 663-9051.
Sincerely
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John R. Kyte