ML20154Q044
| ML20154Q044 | |
| Person / Time | |
|---|---|
| Issue date: | 10/21/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Temple R WINSTON & STRAWN |
| Shared Package | |
| ML20154Q048 | List: |
| References | |
| FOIA-98-108 NUDOCS 9810230126 | |
| Download: ML20154Q044 (4) | |
Text
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l NRC FORM 464 Put i U.S. NUCLEAR REGULATORY COMMISSION F* UIAIPA RESPONSE NUMBER m ,
,y j ## "'" /\M 98-108 l 7 RESPONSE TO FREEDOM OF l', I h INFORMATION ACT(FOIA)/ PRIVACY RESPONSE --
l k+ , , s/ ACT (PA) REQUEST TYPE __ d- ^
REQUESTER DATE
! Mr. Robert K. Temple OCT 21 BE i
PART 1. -INFORMATION RELEASED I
[ No additional agency records subject to the request have been located.
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] Requested records are available through another public distribution program. See Comments section.
R IAPPENDICEs ! Agency records subject to the request that are identified in the listed appendices are already available for L- J ! public inspection and copying at the NRC Public Document Room.
_. a
} Agency records subject to the request that are identified in the listed appendices are being made available for
{ ' (( APPENDICES 3* { public inspection and copying at the NRC Public Document Room.
i-]
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.
r-d 'hPPEN0lCES y Agency records subject to the request are enclosed.
- R
~ Records subject to the request that contain information originated by or of interest to anot ,cr Federal agency have been
- referred to that agency (see comments section) for a disclosure determination and direct response to you.
y We are continuing to process your request.
] See Comments.
PART 1.A - FEES
-AucuNT *~ -- ~ You will be billed by NRC for the amount listed. ~ None. Minimum fee threshold not met.
~ You will receive a refund for the amount listed.
~ Fees waived.
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 y- the reasons stated in Part II.
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 the letter that it is a "FOIA/PA Appeal."
l PART l.C COMMENTS (Use attached Comments continuation page if required) d
/
E]Aj
! 9810230126 981021 1
PDR FDIA TEMPLE 98-108 PDR sioNAlvHe upwpuce wpHumpON AGf AND PRIVACY AGI OWGER
. . ~ A.y - pt- .
RusseIIA. Powell PRINTED oN RECYCLED PAPER This form was dessgned using informs NRC FORM 464 Part 1 (6-1998)
I NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE 7ESPONSE.TO FREEDOM OF INFORMATION 9848 M 2 1 198 ACT IFOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS
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Records subject to the request that are oesenbed 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)).
T Exemption 1: The withheld information is property classified pursuant to Executive Order 12958.
T 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.
7 Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S C.
2161-2165).
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Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
F 41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an i 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.
m Exemption 4: The withheld information is a trade secret or commercial 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 and
" accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).
] The information was submitted by a foreign source and roceived in confidence pursuant to 10 CFR 2.790(d)(2).
- 7 Exemption 5 The withheld information consists of interagency or intraagency records that are not ava!!able through discovery during 1 litigation. Applicable privileges
3V- Deliberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the dehberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional 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 attorney in contemplation of litigation)
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Attomey-client pnvilege. (Confidential cornmunications between an attorney and his/her client)
Exemption 6. The withheld information is exe vted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy.
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 expecteu 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 conshtute 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 risk circumvention of the law.
- (F) Disclosure could reasonably be expected to endanger the life or physical safety of an in&vidual.
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OTHER (Specify)
PART ll.B - 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 that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary _to the public interest. The r arson responsible for the denial 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). '
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DENEING OF'FldlAL~ TITLE / OFFICE RECORDS DENIED fS CY l
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L.Josep dallan~ Executi e Director for Operations ~ ~ Appendices J and K ~
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Appeal mu's't be made in writing within 30 days of receipt of this response. Appeals should te mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should citarly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 464 Part 11 (6-1998) PRINTED oN RECYCLED PAPER This form was designed using inf orms
l0 l, .
, Re: FOIA/PA-98-108 APPENDIX J RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS
- 1. 12/22/82 Memo to J. A. Fitzgerald from V. Stello, Jr.,
Subject:
NRC Staff Comments on 01 Policy Proposals (1 pages) Release (a) Comments on 01 Policy Proposals (7 pages) EX. 5 Predecisional
- 2. 01/14/83 Memo to the Commission from W. J. Dircks,
Subject:
Policies of the Office of Investigations (1 page) Release EDO Comments on 01 Policies & IPMS (6 pages) EX. 5 (a)
Predecisional i
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l
a v
i Re: FOIA/PA-98-108
- APPENDIX K RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTIONHPAGE COUNT)/ EXEMPTIONS
- 1. Undated EDO Comments on 01 Policies & IPMS (7 pages) EX. 5 Predecisional i
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WINSTON & STRAWN l
- l. . 200 PARK AVENUE 35 WEST WACKER DRIVE 6. RUE DU CIRQUE l NEW YORK NY 10166~4 693 CHICAGO. ILUNotS 606019703 75000 PAHIS. FRANCE l 1400 L STREET. N W 43 RUE DU RHONE (312) 558 5600 I WOSHINGTON. D C. 20005-3502 1204 OENEVA SWsTZERLAND FACSIMILE (312) 558 5700 $ * 'd f h W3tTER'S DlHECT DIAL NUMBER On *n f(-Iof _
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312/558-6346 y"w ., - ---
March 9,1998 Director, Division of Freedom ofInformation and Publication Services Oflice of Administration U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Re: Freedom ofinformation Act Reauest
Dear Sir:
Pursuant to the Freedoni ofInformation 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 Opinions related to the presene: 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.
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Sincerely, i
Robert K. Temple h{}hN W Y
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