ML20154D992
| ML20154D992 | |
| Person / Time | |
|---|---|
| Issue date: | 09/30/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Temple R WINSTON & STRAWN |
| Shared Package | |
| ML20154D995 | List: |
| References | |
| FOIA-98-108 NUDOCS 9810080011 | |
| Download: ML20154D992 (3) | |
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NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION P UIAWA RESPONSE NuM1ER
- % N 98-108 6
RESPONSE TO FREEDOM OF 6
N INFORMATION ACT(FOlA)/ PRIVACY k
ACT (PA) REQUEST TYPE E-
RESPONSE
- s.<*
REQUESTER DATE Mr. Robert K. Temple
. 3 0 ma PART l. -INFORMATION RELEASED
[ No additional agency records subject to the request have been located.
] Requested records are available through another public distribution program. See Comments section.
APPENDICES l Agency records subject to the request that are identified in the listed appendices are already available for J public inspection and copying at the NRC Public Document Room.
[^PPENoiCEs7 Agency records subject to the request that are identified in the listed appendices are being made available for
[
public inspection and copying at the NRC Public Document Room.
{J1 Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, NW, Washington, DC.
rd j^PPENDidEs~
I g
Agency records subject to the request are enclosed.
i P Records subj ct to the request that contain informaron 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 request.
][ See Comments.
PART l.A - FEES AuoVNT " ~ ~
~ You will be billed by NRC for the amount listed.
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None. Minimurn fee threshold not met.
I You will receive a refund for the amount listed.
Fees waived.
4 for details 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 y This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory 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)
)
SIGNATURE. F RkkpQM OF IM OHMAll N ACI AND PHIVACY AC T OFFICth RseA.o I W
9810000011 980930 PDR FOIA TEMPLE 98-100 PDR NRC FORM 464 Part 1 (6-1998)
PRINTED ON RECYCLED PAPER The form was designed using informs
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NRC FORM 464 P.rt li U.S NUCLEAR REGULATORY COMMISSION FOIA/PA oME 7ESPONSE TO FREEDOM OF INFORMATION REP 8 0 L ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS l APPENDICES _..
Records subject to the request that are dasenbed in the enclosed Appendices are being withheld in their entirety or in part under L___
_ 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.
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Exemption 2: The withheld information relates solely to the internal 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 Restricted Data or Formerly Restncted 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).
U 41 U.S C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an L
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.
p Exemption 4: The withheld information is a trade secret or commercial or financialinformation that is being withheld fo" the reason (s) indicated.
{} The information is considered to be confidential business (proprietary) information.
The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and r'
"J accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).
] The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
g Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation. Applicable privileges:
v J Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisicnal v-information. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.
Attorney work-product privilege. (Documents prepared by an attomey in contemplation of litigation)
Attorney-client pnvilege. (Confidential communications between an attorney and his/her client)
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Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwranted invasion of personal privacy.
Exemption 7: < e v hheld information consist? of records compded for law enforcement purposes and is being withheld for the reason (s) o d.
(A) D ul m tvi reasonably be expected to interfere with an enforcement proceeding (e g, it would reveal the scope, dirt?ction, and focus of enfoiwment 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.
~~ (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.
] OTHER (Specify)
PART 11.8 - DENYING 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 thtt the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public inttrett. The person responsible for the lenial are those officials identified below as denying officials and the FOIA/PA Officer for any dInials that may be appealed to the Executive Director for Operations (EDO).
DENIl G OFF'ICiAL TITLE / OFFICE RECORDS DENIED
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fif Guy Caputo
~ ' Direttor,0ffice ofinvestigations~ ~
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"Appendis I
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AppeaI'must is ma'de in wnting within 30' days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer,
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U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should clrarly state on the envelope and letter that it is a "FOIA/PA Appeal "
NRC FORM 464 Part 11 (6-1998)
PRINhiD ON RECYCLEo PAPER This form was designed using informs
Re: FOlA/PA-98-108 APPENDlX l RECORDS BEING WITHHELD IN PART NO.
DATE QE_SCRIPTION/(PAGE COUNT)/ EXEMPTIONS 1.
03/24/87 Memorandum to B. B. Hayes from L. W. Zech, Jr.,
Subject:
01 investigative Procedures Manual (3 pages) Release 1.
Annotated page chenges to 01 Manual (16 pages) EX. 5 -
Preriscisional, Attorney-Client Privileges 2.
08/31/82 Note to S. Burns from J. A. Fitzgerald (1 page) Release 1.
Annotated Investigative Procedure Memorandum No.82-015 (2 pages) EX. 5 - Predenisional, Attorney-Client Privileges
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~f WINSTON'& STRAWN i
200 PARK AVENUE 35 WEST WACKER DRIVE
- 6. RUE DU CIROUE N 'W YORK. NY 1016& 4193 CHICAGO, ILLINOIS 60601-97')3 75006 PARIS, FRANCE 1400 L STREET. N W.
(31M $58m.
- 43. F:UE DU RHONE
. WASHINGTON, D C. 20005 3502 1204 GENEVA, SWITZERLAND FACSIMILE (312) 558-5700 b.',
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WRITER, oiREcf oi AL NuusER M r T:
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312/558-6346 gr r-c.
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March 9,1998 Director, Division of Freedom ofInformation and Publication Services Office of Administration U.S. Nuclear Regulatory Commission i
Washingen, D.C. 20555-0001 Re:
Freedom ofInformation Act Reauest i
Dear Sir:
1 Pursuant to the Freedom ofInformatran Act (5 U.S.C.
552(a)(3))(FOIA) and to the Nuclear Regulatory Commission's (NRC) policies and regulations (10 C.F.R. Part 9, Subpart A), I request a copy of:
any NRC policies, procedures, guidance documents, or Office of General Counsel Opinioia related to the presence of counsel, an attorney, or representative during
- NRC investigations.
The NRC policies, procedures, guidance documents, or Office c. General Counsel j
Opinions yuduced 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.
L Sincerely, p
Robert K. Temple
'9E^4&?:=C3 Af
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