ML20151K677
| ML20151K677 | |
| Person / Time | |
|---|---|
| Issue date: | 08/04/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Kyte J AFFILIATION NOT ASSIGNED |
| References | |
| FOIA-97-68 NUDOCS 9708060142 | |
| Download: ML20151K677 (3) | |
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. INFORMATION ACT (FOIA) REQUEST DATE DOCKE T NUMBE R(S) I/f apphcab4)
R E QUESTE R JOho Kyte PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedbomes/
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 pubhc 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 Appendix (es) are being made available for pubhc inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washing +on, 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 for public inspection and copying at the N RC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOl A number.
Agency records subject to the request that are identified in Appendix (es) may be inspected and copieu at the NRC Local Public Document Room identified in the Comments section.
Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Pubik Document Roc. # 20 L Street, N W. Washington, DC.
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.
X Fees You will be billed by the NRC for fees totaling S 246.95 You will receive a refund from the N RC in the amount of S 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 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 O. AredeasMaparti6nt uf >trMr Mch*Mtx eta 5 hick enTy pErrdf 3he MM9is%3ingMtKh41d Er5 lYeks Ma0#aMMlabTe4dt 5dbMcX y
X InkCdtis.ted(o%ing N 1h4 K R G INbilt DEch 64 NFoerM A *2C L St4e40,(IM W)J WdtKrMK, D6 k & FoMErM#rMir.9044 rutieE COMMENTS The record identified on enclosed Appendix 0 is the remaining record responsive to your request.
However, this record is being withheld in its entirety. The fees for the processing of your request are:
SES Search -
2 hrs.
$123.74 h 'hlD SES Review -
38 mins.
39.14
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Professional Search - 4 hrs.
134.68 g
Professional Review - 3 hrs.
101.01 Clerical Search - 2 hrs.
31.92 Clerical Review - 45 mins.
12.15 Total
$562.84 Less
-315.89 (Received)
Balance Due
$246.95
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I' N OM REE OF NFORMATION AND PUBLICATIONS SERVICES s_
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FOI A NUMBf Wis)
DATE RESPONSE TO FREEDOM OF s
INFORMATION ACT (FOlA) REQUEST FOIA 0068 s
'AUG 0 4 ym7 (CONTINUATION) l PART 11.0- APPUCABLE EXEMPTIONS i
Records subject to the request that are described in the enclosed Appendix (es) 0 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 CF R 9.17(a) of N RC regulations.
- 1. The withheld information as 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 l3. Th3 withheld information is specifically exempted from pubhc disclosure by statute indicated. (Exemption 3) l 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).
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l4. The withheld information es a trade secret or commercial or financial enformation that is being withheld for the reasontsl indicated. (Exemption 4)
The information is considered to be confidential businoss (propnetary) mformation.
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The mformation is considered to be propnetary mformation pursuant to 10 CFR 2.790tdH11.
I The enformation was subnutted and received m confidence pursuant to 10 CFR 2.790idH2L
- 6. The withheld mformatson consists of mteragency or intraagency records that are not available ehtough discovery durmg htegation (Exemption 5). Applicable Pnvilege:
Deliberative Process: Disclosure of predecisional enformat#on wo' ld tend to inhibit the open and frank enchange r
- edeas essential to the dehberative process u
Where records are withheld m thx entirety. the f acts are inextricably mtertwined with the predeces.onal mformation. There also are no reasonably segregable f actual X portions because the release of the f acts would permst an mdirect inquiry mio the predecisional process of the agency Attorney worli product pnvilege (Documents prepared by an attorney m contemplation of htigation i Attorney-client privilege. (Confidential communications between an attorney and his/her cleent.)
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- 6. The withheld mformation is esempted from pubhc disclosure because its disclosure would result in a clearly unwarranted mvasion of pertest pnvecy (Exemption 6) l
- 7. The withheld mformation consists of records compiled for law enforcement purposes and es being withhend for the reason (s) mdicated (Exemption 7) l Di. closure could reasonably be expected to interfere with an enforr:ement proceadmg because et could reveal the scope. direction, and focus of enforcement efiorts. and thus could possibly allow feespients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. (Ekemption 7 (AH Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(C))
The mformation consists of names of endividuals and other information the disclosure of whech could reasonably be expected to revealidentities of confidential sources. (Exemption 7 (G))
OTHLFI l
PART lt. C-DENYING OFFICIALS l
Pursuant to 10 CF R 9 25(b) and or 9.25Ic) of the U.S. Nuclear Regulatory Commission regulations. it has been determmed that the informatio w thivid is exempt from pro-duction or disc'osure, and that its product.on or disclosure is contrary to the pubhc snte est. The persons responsible for the denial are those officials ide
'l below as denying officials and the Director, Division of Freedom of information and Pubbcat ons Services. Off.ce of Admmestration. for any denials that may be appeated to Executive Directoi I
for Operations (EDOI.
l DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL EDo SECRETARY IG ll l Annette Vietti-COOK Assistant Secretary App. 0 X
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l PART 11. D-APPEAL RIGHTS I of this resporue. Appeals must be addressed. es appropriate, to th The dinial by each denying official identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writing within 30 days of receipt fkgulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an Appeal from an imtial FOI A Decis.on."
NRC FORM 464 (Part 2) (191)
U.S. NUCLEAR REGULATORY COMMISSION
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FOIA-97-9968 l
APPENDIX 0 RECORDS BEING WITHHELD IN THEIR ENTIRETY NO.
DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS I
1.
2/7/96 Memo to J.
Taylor from Chairman regarding, Envirocare, (2 pga.)
EX.
5.
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EGAN & ASSOCIATES, P.C.
Counselors at inw 2300 N Street. N.W.
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Washington, D.C. 20037 Telephone (202) 663-9200 I
Fax (202) 663-9066
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February 24,1996 gg@f/7-M o CaseNo:
VIA FACSIMILE ((301) 415-7010) gg
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Mr. Russell A. Powell, Chief ww caea FOIA/LPDR Branch Division of Freedom ofInformation and Publications Services Office of Administration l
U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 RE:
Freedom ofInformation Act Reguest 1
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Dear Mr. Powell:
Pursuant to the Freedom ofInformation Act (5 U.S.C. Q 552) and the U.S.
Nuclear Regulatory Conunission (NRC) regulations'(10 C.F.R. Part 9, Subpart A),
l please provide me with a copy of the following documentation:'
1.
All documentation submitted to any office of NRC from or pertaining to l
Envirocare of Utah, Inc., since April 1,1996.
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, I
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" Documents" means any written, recorded or graphic material of any kind, whether 2
l prepared by NRC or by any other person, that is in NRC's possession, custody or control. The term includes, but is not limited to: letters; telegrams; cables; interoffice communications; memoranda; reports; analyses; authorizations; notebook.s; lists; outlines; schedules; charts; applications; and minutes or notes of meetings or conferences (in each case whether stored in electronic / computer form or hard copy).
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EGAN & ASSOCIATES, P.C.
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Counselors at Law Mr. Russell A. Powell February 24,1997 Page 2 l
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 j
not limited to documentation to members of the Texas Legislature and/or representatives of Texas state government or regulatory agencies.
If any 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.
r' 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 John R. Kyte l
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