ML20151Y417
| ML20151Y417 | |
| Person / Time | |
|---|---|
| Issue date: | 09/10/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Chandler J TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA |
| Shared Package | |
| ML20151Y421 | List: |
| References | |
| FOIA-98-331 NUDOCS 9809180231 | |
| Download: ML20151Y417 (3) | |
Text
NtdV)ocS NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMM 3SION t-UIA/PA
- .EsPoNsE NUMBEJ (6-1998) *["%
98-331 1
P RESPONSE TO FREEDOM OF
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INFORMATION ACT(FOIA)/ PRIVACY
RESPONSE
/
ACT (PA) REQUEST TYPE kj FINAL
-t PARTIAL Ms. Joan D. Chandler PART l. -INFORMATION RELEASED
] No additional agency records subject to the request have been located.
{ Requested records are available through another put'lic distribution program. See Comments section.
{! (NPPENDiCES Agency records subject to the request that are identified in the listed appendices are already available for
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public inspection and copying at the NRC Public Document Room.
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~l Agency records subject to the request that are identified in the listed appendices are being made availab'e for f APPENDICES A ] public inspection and copying at the NRC Public Document Room.
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Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public L
Document Room,2120 L Street, NW, Washington, DC.
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Agency records subject to the request are enclosed.
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' Necordslu~bject to the request that contain information originated by or of interest to another Federal agency have been j
L referred to that agency (see comments section) for a disclosure determination and direct response to you.
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- We are continuing to process your request.
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7 See Comments.
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PART l.A - FEES
{ You will be billed by NRC for the amount listed.
Q None. Minimum fee threshold not met.
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'AiuouNT
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] '/cu will receive a refund for the amount listed. [^ 'l Fees waived.
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- (eegents PART 1.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
] No agency records subject to the request have been located.
Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for r
the reasons stated in Part II.
r-This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulator / Commission, Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."
PART 1.C COMMENTS (Use attached Comments continuation page if required)
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Russe. Powel 9009180231 980910 PDR FOIA CHANDLE98-331 PDR NRC FORM 464 Part 1 (6-1998)
PRINTED oN RECYCLED PAPER This form was designed using informs
NRC FORM 444 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOlAIPA DATE 7ESPONSE TO FREEDOM OF INFORMATION 98 331 SEP 10 898 j
ACT(FOlA)/ PRIVACY ACT(PA) REQUES..
PART ll.A - APPLICABLE EXEMPTIONS
%NI A Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under the Exemption No.(s) of the PA and/or the FOIA as indicated below (5 U S.C. 552a and/or 5 U.S.C. 552(b)).
Exemption 1: The withheld information is property classified pursuant to Executive Order 12958.
Exemption 2: The withheld information relates sol'ely to the intemal personnel rules and procedures of NRC.
] Exemption 3: The withheld information is specifically exempted from public disdosure by statute indicated.
O Sedions 141 145 of the Atomic Energy Ad, whi:h prohibits the disclosure ef Restricted Data or Formerty Restricted 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).
41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contrador proposals in the possession and control of an executive agency to any person under section 552 of Title 5, U.S.C. (the FOlA), except when incorporated into the contract between the agency and the submitter of the proposal.
Exemption 4: The withheld information is a trade secret or commarcial or financial information that is being withheld for the reason (s) indicated.
The information is considered to be confidential business (proprietary) information.
The information is considered to be proprietary because it concems a licensee's or applicant's physical protection or material control i
and accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).
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The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation. Applicable privileges:
Deliberative process: Disdosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the deliberatue process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisional information. There also are no reasonably segregable factualportions because the release of the facts would permit an indirect inquiry j
into the predecisional process of the egency.
i Attomey work-prodet privilege. (Documents prepared by an attomey in contemplation of litigation)
Attorney-client privilege. (Confidential communications between an attomey and his/her client)
Q Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearty unwarranted invasion of personal privacy.
Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated.
(A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g.,it would reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators).
(C) Disclosure would constitute an unwarranted invasion of personal privacy.
l (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal identities of confldential sources.
(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expected to risk circumvention of the law.
(F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
l OTHER (Specify)
PART ll.B - DENYING OFFICIALS Pursuant to 10 CFR 0.25 g thit the information v.hh(eld) is exempt from prod (uction or disclosure, and that its production or disclosure is contrary interest. The person responsible for the dental are those officials identified below as denying officials and the FOIA/PA Officer for any denials that rnay be appealed to the Executive Director for Operations (EDO).
APPCEATEVFTICIAF DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED l
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mwA umccr, umce ci the ChicTTsTormanon AjrpTA
?ssell A. Powell Officer l
App:al must be made in wnting within 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropnate appellate official (s). You should cintly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 454 Part 11 (61998)
PRINTED ON RECYCLED PAPER The form ms designed using inForma
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,e Re: FOIA-98-331 APPENDIX A DOCUMENTS BEING RELEASED IN PART NUMBER DATE DESCRIPTION / EXEMPTION 1.
8/3/98 Letter to R. Powell from Individual regarding FOIA Request, (1 pg.)
- EX. 6.
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