ML20151Y845

Fifth Partial Response to FOIA Request for Documents. Documents Listed in App H Being Withheld in Entirety (Ref Exemption 5)

ML20151Y845
Person / Time
Issue date:	09/15/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Temple R WINSTON & STRAWN
References
FOIA-98-108 NUDOCS 9809210055
Download: ML20151Y845 (3)

Text

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NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMI$SION PUIAWA CD O RESPONSE NuMIER m

[ *'%, M 98-108 5

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1. RESPONSE TO FREEDOM OF E

f INFORMATION ACT(FOIA)/ PRIVACY RESPONSE -

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ACT (PA) REQUEST TYPE k*es'e*f REQUESTER DA rh Mr. Robert K. Temple 15 W PART L -INFORMATION RELEASED

] No additional agency records subject to the request have been located.

7 Requested records are available through another public distribution program. See Comments section.

___ [ APPENDICES"~~i Agency records subject to the request that are identified in the listed appendices are already available for

[ ] public inspection and copying at the NRC Public Document Room.

r APPENDICES 7 Agency reccrds subject to the request that are identified in the listed appendices are being made available for tJ l public inspection and copying at the NRC Public Document Room.

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'-~ i Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public

'- Docunient Room,2120 L Street, NW, Washington, DC.

-~ APPENDICES t_, ' Agency records subject to the request are enclosed.

~ 'Reciorcis~su~b[ect to the request that contain information originated by or of interest to another Federal agency have been

- referred to that agency (see comments section) for a disclosure determination and direct response to you.

Q We are continuing to process your reouest.

~] See Comments.

PART 1.A - f EES

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"AuoVNT * ~ You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.

I' ~ You will receive a refund for the amount listed. Fees waived.

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. ts PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

}] No agency records subject to the request have been located.

y- the reasons stated in Part 11.Certain information in the requested records is being withheld from disclosure pursuant to This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, y- Washington, DC 20555-0001.

Clearly state on the envelope and in th6 letter that it is a "FO A/PA Appeal."

PART l.C COMMENTS (Use a ttached Comments continuation page if required) i O

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habhATUR . F RE LDOM DF ORMAllON AGI AND PRWACY ACf 0FFictR Russel A'FEveil 9809210055 900915 PDR FOIA TEMPLE 98-108 PDR NRC FORM 464 Part 1 (6-1998) PRINTEo ON R; CYCLED PAPER This form was desegned using informs

NRC FORM 464 Part in U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA NE l

• 7tESPONSE TO FREEDOM OF INFORMATION

" SEP1s u ACT (FOIA) / PRIVACY ACT (PA) REQUEST APPENoiCES _ _

PART ll.A- APPLICABLE EXEMPTIONS R1 cords subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under S _ _ the Exernption 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))

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l Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.

Exemption 2: The withheld information relate's solely to the intemal personnel rules and procedures of NRC.

] Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.

Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restricted Data (42 U S C.

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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 contractor proposals in the possession and coatrol of an

- executive agency to any person under section 552 of Title 5, U.S C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.

Exemption 4: The withheld information is a trade secret a commercial or financialinformation that is being withheld for the reason (s) indicated.

- The information is cons,dered to be confidential business (proprietary) information.

The information is considered to be propnetary because it concerns a licensee's or apphcant's physical protection or matenal control and accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).

The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790td)(2). i

7 Exemption 5

The withheld information consists of interagency or intraagency records that are not available through discovery during X litigation. Applicable privileges:

Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the 1 deliberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisional  !

information. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry l Into the predecisional process of the agency. 1 l

Attorney work-product prbilege. (Documents prepared by an attorney in contemplation of litigation) j Q Attomey-clierit privilege. (Confidential communicanons between an attnrney and his/her client)

Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly 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 pnvacy.

^ (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal identities of confidential sources.

(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expected to nsk circumvention of the law.

(F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual. 4 OTHER (Specify) l PART ll.B - DENYlNG OFFICIALS Pursuant to 10 CFR 9.25(g),9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public int rest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any d:nials that may be appealed to the Executive Director for Operations (EDO).

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' DENYlNG OFFICIAL ~ TITLE / OFFICE RECORDS DENIED jD$*S CY I

~ Director,0ffice of ins estigations' ~ Appendix G Guy Csouto

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4ppe~al'must be made in writing within'30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washirigton, DC 20555-0001, for action by the appropriate appellate official (s). You should cl:arly state on the envelope and letter that it is a "FOIA/PA Appeal."

NRC FORM 464 Part il (6-1w98) PRINTED ON RECYCLED PAPER TNs form was designed using informs

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Re: FOIA/PA-98-108 l

APPENDIX H RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNTl/ EXEMPTIONS

1. 03/29/82 Note to File from Steve Burns on Representation by Counsel and Attendance at Investigatory Interviews - Zion investigation (1 page) Exemption 5 Attorney-Client Privilege.

2. 08/82 Note to files from Margaret Cadigan on Right To Counsel and To e Attend Investigatory Interviews (27 pages) Exemption 5 Attorney-Client Privilege.

3. 01/21/98 Note to Fitz from Susan Fonner on Exclusion of Private Legal Representatives at Ol interviews (3 pages) Exemption 5 -

Attorney-Client Privilege.

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I 4-WINSTON & STRAWN' 200 PARK AVENUE 35 WEST WACKER DRIVE e. RUE DU CIRQUE NEW YORK. NY 1010s-4193 CHICAOo, ILUNOIS 60601-9703 me PARIS. FRANCE 1400 L STREET N.W. 43. RUE DU RHONE (312) 556-5600 WASH #MTON. D.C.20005 3602 1204 OENEVA. SWITZERLAND ' .

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Ack.' M: /fted 312/558-6346 DM CC -. . ..

March 9,1998 Director, Division of Freedom ofInformation and Publication Services Office of Administration U.S. Nuclear Regulatory Commission ,

Washington, D.C. 20555 0001 Re: Freedom ofInformation Act Request

Dear Sir:

Pursuant to the Freedom ofInformation Act (5 U.S.C. f 552(a)(3))(FOIA) and to the I Nuclear Regulatory Commission's (NRC) policies and regulations (10 C.F.R. Part 9, Subpart A), I i request a copy of:

any NRC policies, procedures, guidance documents, or Office of General Counsel Opinions related to the presence of counsel, an attorney, or representative during -

NRC investigations.

The NRC policies, procedures, guidance documents, or Office of General Counsel Opinions produced in response to this FOIA request should include, but should not be limited to,

- those that relate (1) to notification of counsel, an attorney, or representative when contacting witnesses or targets of an investigation, and (2) to presence of counsel, an attorney, or representative

during interviews conducted pursuant to investigations by the NRC's Office ofInvestigations or the NRC's Office ofInspector General.

If you have any questions, please contact me at (312) 558 6346.

Sincerely, Robert K. Temple 0 0 NNO WN -

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