ML20151K771

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Partially Withheld SECY-85-105 Recommending Commission Approve Encl Draft Ltr Denying FOIA Appeal Re NRC Contract Review for Court Reporters Svcs
ML20151K771
Person / Time
Issue date: 03/25/1985
From: Fitzgerald J
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Shared Package
ML20151K691 List:
References
FOIA-85-409, TASK-AINV, TASK-SE SECY-85-105, NUDOCS 8504050295
Download: ML20151K771 (14)
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ADJUDICATORY ISSUE March 25, 1985 (Notation \/ote) SECy-85-105 For: The Commissioners From: James A. Fitzgerald Assistant General Counsel

Subject:

FOIA APPEAL 85-A-9; ASLBP DOCUMENT 11ITHl! ELD CONCEREING NRC CONTRACT REVIEW FOR COURT REPORTER SERVICES (FOIA-84-734)

Furpose:

Discussion: On September 12, 1904, Ms. Ann Riley of Taylce Associates requested pursuant to the Freedcm of Information Act (FOIA), five categories of docu-ments relevant to NRC's process of selecting contract bids for court reporter services.

The NRC has issued three partial responses to this i request (11/15/84, 12/14/84 and 2/6/85). The staff is reviewing additional documents subject to this request and has informed Ms. Riley that shes will be notified upon completion of this review.

Ms. Riley appeals the withholding of one document under Exemption 5 in NRC's February 6 response to FOIA-84-734. The title of the withheld document g, dated February 9, 1984 is " Replies to Tayloe Questions Re IFB No. SECY-84-327." The Executive Secretary of the Atomic Safety and Licensing Board Panel prepared the document in response to a request from the Division of Contracts.

Contact:

Darlene Collins, OGC, 41493

  • Karla Smith, OGC, 41465

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f ames A. Fi zgerald Assistant General Counsel Attachments:

1. Proposed letter denying appeal

. 2. Withheld document 3.- NRC's final response to Tayloe Questions (released 2/6/85) .

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4. FOIA appeal letter, 85-A-9 dtd 3/7/85
5. Original denial - Partial Response dtd 2/6/85
6. Original FOIA request - FOIA-84-734 dtd 9/12/84 6

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3 Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Tuesday, April 9, 1985.

Commission Staff Office comments, if any, should b4edubmitted to the Commissioners NLT Tuesday, April 2, 1985, with an information copy to the Office of the Secretary. If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.

DISTRIBUTION:

Commissioners OGC OPE OI OIA EDO ELD SECY 4

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  • APPEAL OF INIT FOLA DECISION Mr. samuel J. Chilk 95- A - 24-M) b.

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U.S.NugcearRegulatoryCommission gy ac 3.,3.pS-

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Dear Sir:

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@' , This letter is an appeal from an initial FOIA decision.

rende, red by Judge B. Paul cotter, Jr. in connection with FOIA 734. Mr. Felton's letter of February 6,1985, which I received

_- on February 7, indicates that Judge Cotter withheld the document described in Appendix D to that letter under exemption 5. There-fore, in accordance with 10 C.F.R. 5 9.11, I request that the Commission' reverse Judge Cotter's decision and disclose the withheld document. -

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Sincerely, Ann Riley President AR/mg e

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Ms. Ann Riley -

l Tayloe Associates 1625 I Street, NW, Suite 1004 IN RESPONSE REFER l

Washington, DC 20006 TO FOIA-84-734

Dear Ms. Riley:

This is in further response to your letter of September 12, 1984, in which you requested, pursuant to the Freedom of Information Act (FOIA), documents related ;

to selected NRC contracts for court reporter services.

We previously made available documents identified in a letter to you dated November 15, 1984, and December 14, 1984.

The records identified on the enclosed Appendix C are now available for public inspection and copying at The NRC Public Document Room. -

Note that portions of ~ item i oUppendix"C' lave been withheld.from public disclosure, pursuant to Exemptions 4 a~nd 5 of the F0IA (5 U.S.C. 552(b)(4) and (5)) and 10 CFR 9.5(a)(4) and (5) of the Comission's regulations, as noted on the document. This document contains (1) financial cost and pricing 4- infomation related to perfomance of stenographic reporting services, the disclosure of which could cause competitive ham to the companies which provided the information; and (2) predecisional information containing advice, opinions, and recommendations, the disclosure of which would ' inhibit the candid ,

and frank comunication within the- NRC staff and thus would not be in the public interest. .

The one to pursuant document Exemptionidentified on Appendix 5 of the F0IA (5 U.S.C.D552(b is being (5)) and w)ithheld 10 CFRin 9.5(a)(5 its entirety ) L l

of the Comission's regulations. The document contains advice and recomendations of the Atomic Safety and Licensing Board Panel with regard to ,

the review of anticipated submissions by bidders under Invitation for Bids r

(IFB) No. SECY-84-327. The disclosure of this document would inhibit candid and frank comunication within the NRC staff and thus would not be in the public interest. -

l Pursuant to 10 CFR 9.9 and 9.15 of the Comission's regulations, it has been

' - detemined that the infomation withheld is exempt from production or

- disclosure, and th'at its production or disclosure is contrary to the public interest. The persons responsible for the denial of portions of item 7 on Appendix C are the undersigned and Mr. Edward L. Halman, Director, Division of Contracts. Office of Administration. The person responsible for the denial of the document on Appendix D is Mr. B. Paul Cotter, Jr., Chief Administrative Judge, Atomic Safety Licensing Board Panel. ,

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. 1 The denial by Mr. Halman and myself may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter. Any such appeal must'be in writing, addressed to the Executive Direct'or'for Operations.

U.S. Nuclear Regulatory Commission. Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision." The denial by Mr. B. Paul Cotter, Jr., may be appealed within 30 days to the Commission and should be addressed to the Secretary of the Commission.

The staff has also identified a bid and associated documents relating to a _

submission under IFR SECY-84-327 from a firm which subsequently withdrew its bid. Please let us know by February 15, 1985, if you wish to have these documents co'nsidered for release under your request. Otherwise, we will consider these documents to be outside the scope of F01A-84-734..

! We referred to the Small Business Administration (SBA) one document, which was originated by that agency, for a disclosure determination and direct _ response 3

to you by the SBA.

The staff is reviewing additional records subject to your request. We will notify you upon completion of this review. .

Since ly, l __

J 5 Felton, Director vision of Rules and Records Office of Administration ,

Enclosures:

As stated t

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APPENDIX C RECORDS IN PDR FOLDER FOIA-84-734 L ,e Contract No. 17-83-399

1. 03/18/83 Memorandum for Edward L. Halman, ADM:DC, from Patricia G. Norry, ADM, entitled " Stenographic Reporting Services" (1 page) with attached memorandum for William J. Dircks, i EDO, from Samuel J. Chilk, Secretary, dated 03/15/83 -

entitled " Stenographic Reporting Services" (2 pages).

Note that this attachment was already made publicly avail-able in FOIA-84-734, Appendix B item 4.

2. 09/20/83 Memorandum for file from Ann Tipton, SECY, entitled

" Reporting Contract" with attached list of Connission Meetings (3 pages). ,

3. 01/04/84 Memorandum for the record from Walter Magee, SECY, entitled

" Phone Call to Duane Kidd (ADM/005) on December 30, 1983" (1 page).

4. 02/17/84 Letter to Ann Riley,'Tayloe Associates, from Patricia A.

Sullivan SECY, regarding quality of bond paper for Comnission transcripts (3 pages).

IFB No. ASB-84-352 - Prior to Receipt of Bids S. 02/13/84 Letter to Kathryn A. Davis, ADM:DC, from Rose Ann Sharp, Alderson Reporting, requesting clarification of solicitation (3pages)

6. 02/15/84 List of questions regarding IFB No. ASB-84-352 (3 pages).

l IFB No. ASB-84-352 - Evaluation of Bid and Contract Award

7. 08/06/84 Sunnary of Procurement for NRC-21-84-352, signed by Kathryn

' A. Davis and Mary Jo Mattia. ADM:DC, (10 pages) with four attachments: Attachment 1, entitled " Report of the Source Evaluation Panel - ASB-84-352, dated 07/20/84 (10 pages);

  • Attachment Cost Comparison 2, Cost ChartComp (arison 1 page); and Attachment Chart (1 page); Attachment 3 4, entitled.

" Report of the Chairman Source Evaluation Panel - ASB-84-352" (2pages).

IFB No. SECY-84-327 l 8. 12/21/83 Memorandum for Mary Jo Mattia, ADM:DC, from John C. Noyle, l SECY, entitled " Statement of Work - Stenographic Reporting 1

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_ Re: F0!A-84-734 Services Contract (Washington Area)" (2 pages) with attached NRC Fom 187, " Security / Classification ,

Requirements" signed by John C. Hoyle dated- 12/20/83, i attached NRC Fom 400, " Request for Procurement Action  !

(RFPA)" signed by Jchn C. Hoyle dated 12/20/83,and draft Statement of Work for SECY-84-327 (31 pages).

9. 01/13/84 Memorandtsn for John C. Hoyle, SECY, John Cho. ASLAP, Charles Fitti, ASLBP, William M. Dorie, ADM, and Austin L. Newsom ' ACRS, from Samuel J. Chilk Secretary, entitled " Source Evaluation Panel (SEP) for Reporting -

Services Contract (Washington Area)" (2 pages).  :

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10. 01/20/84 Routing and Transmittal Slip to John C. Hoyle. SECY, from Kathryn A. Davis, ADM:DC, with attached milestone schedule (6 pages).
11. 01/25/84 Memorandum for Edward L. Halman, ADM:DC, from Raymond .

J. Brady, ADM:SEC, entitled " Approval of NRC 187 for Stenogyphic Reporting, Services" (2 pages).,

12. 01/26/84 Memorandia for John C. Hoyle SECY, from Mary Jo Mattia,

, ADM:DC, entitled " Milestone Schedule - SECY-84-327, Entitled ' Stenographic Reporting Services. Washington, D.C. Metropolitan Area'" (5 pages).

13. 02/22/84 Letter to Verl Zanders, SBA, from Mary Jo Mattia. ADM:DC, in response to SBA letter of 02/08/84 regarding SBA concerns regarding terms of IFB No. SECY-84-327 (3 pages).
14. 03/09/84 Memorandia for Samuel J. Chilk, Secretary, from Edward L. s Halman, ADM:DC, entitled " Requirement for Copies of l

Transcripts on Floppy Disk Media. IFB No. SECY-84-327"  :

. . (1 page).

! 15. 03/13/84 Memorandum for Edward L. Halman, ADM:DC, from John C. Hoyle, SECY, entitled " Requirement for copies of Transcripts on

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Floppy Disk Media, IFB No. SECY-84-327" (1 page).

16. 03/13/84 Schedule A - Competitive Procurement Milestone Schedule for RFPA No. SECY-84-327 (2 pages).
17. undated Questions Concerning IFB No. SECY-84-327 (7 pages).

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. APPENDIX 0 RECORD WITHHELD UNDER FOIA-84-734 Exemption 5

k. 02/09/84 " Replies to Tayloe Questions regarding IFB No. SECY-B4-327" by Charles J. Fitti, ASLBP (3 pages).

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September 12, 1984 5 ,.

A Mr. J. M. Felton, Director StEIDOM OF INFORMATION Division of Rules & Records M EQUESI Office of Administration U.S. Nuclear Regulatory Commission

[M/ -// 7 f Washington, D.C. 20555 N "" /8"8

Dear Mr. Felton:

" Pursuant to the Freedom of Information Act, we request the following documents:

1. A L L. do cument s, including drafts thereof- ,

and notes of meetings, concerning the evaluation and t he. negotiation o,f

- proposals submitted pursuant to Request t for Proposal No. R$-SECY-82-473 (t hi s request includes aLL proposals, including

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pricing information);

2. ALL documents, including drafts thereof and notes of meetings, concerning (1) the administration of Contract No.

17-83-399, and (ii) NRC's decisionmaking -

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process not to exercise the option under

l. NRC Con' tract No. 17-83-399;
3. AlL documents including drafts thereof and notes of meetings, concerning matters f related to IFB No. ASB-84-352 prior to

- . the receipt of bids;

4. ALL documents, including drafts thereof i and notes of meetings, concerning the evaluation of bids and contract award
  • unde r IFB No. ASB-84-352; and l

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5. ALL documents, including drafts thereof and notes of meetings, concernide'the issuance, evaluation and award under

Please call me at 293-3950 if you have any questions concerning t his request.

  • Sincerel Ann RiLey, Vice President , ,

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