ML20154Q176
| ML20154Q176 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/21/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Pinzon J NUS CORP. |
| Shared Package | |
| ML20154Q178 | List: |
| References | |
| FOIA-98-261 NUDOCS 9810230161 | |
| Download: ML20154Q176 (3) | |
Text
,.,,
NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION P UIAWA REstoNsE NUMBER m
/,1
["*
DM 98-261 2
RESPONSE TO FREEDOM OF n
l E
l INFORMATION ACT (FOlA)/ PRIVACY.
RESPONSE
l k**s<*/
ACT (PA) REQUEST TYPE d-l l
REQUESTER oAIE l
Jairo M. Pinzon
@j1 h 1
i 1
PART t,-INFORMATION RELEASED l
[ No additional agency records subject to the request have been located.
l 7 Requested records are available through another public distribution program. See Comments section.
I
_._.J l
p [APPENDi&ESR Agency records subject to the request that are identified in the listed appendices are already available for U
j j public inspection and copying at the NRC Public Document Room.
{APPENOICEs l Agency records subject to the request tiiat are identified in the listed appendices are being made available for j
r L
C j public inspection and copying at the NRC Public Document Room.
i R 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.
I I [ APPENDICESAgency records subject to the request are enclosed.
rn C
r--
-Records subject 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.
_,. We are continuing to process your request.
~ See Comments.
PART 1.A - FEES wouNT '
You will be billed by NRC for the amount listed.
None. Minimum fee threshold not met.
,s 185.21
- You will receive a refund for the ' amount listed.
- Fees waived.
g-PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE i-' 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
~- the reasons stated in Part II.
l 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 l.C COMMENTS (Use attached Comments continuation page if required) i The actual fees for processing your request are as fullows:
h j
Seareh:
$ 97.89 R: view:
5632
]h M. j Duplication:
31.00 TOTAL:
$18121 You will be billed by the NRC Division of Accounting in the amount noted above.
9810230161 981021 I
l w
N",' MUD 7 ^**"** ***
l Russell A. Powell t
NRc FORM 464 Part 1 (6-1998)
PRINTEo ON RECYCLED PAPER This form was designed using informs
64RC FORM 464 P rt in U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DAM (g
7ESPONSE TO FREEDOM OF INFORMATION 1
M 31 g 98-261 ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS
[ APPENDICES _' Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under u
_ 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)).
E Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.
w R
Exemption 2: The withheld information relates solely to the intemal personne! 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 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).
N 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.
r' Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s)
U indicated.
['
The information is considered to be confidential business (propnetary) informatiun.
9 The information is considered to be proprietary because it concems a licensee's or applicant's physical protection or material control and 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).
r~
Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation. Applicable privileges:
- 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 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 into the predecisional process of the agency.
Attomey work-product pnvi'ege. (Documents prepared by an attorney in contemplation of litigation)
Attomey-client privilege. (Confidential communications between an attomey 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 pnvacy.
- f Exemption 7
- The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated.
v (A) focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wr NRC requirements from investigators).
Q (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 c <uld reasonal;ly be expected to reveal identities of confidential sources.
~ (E) Disclosure would reveal techniques and procedures for law enforcement investigations or pros. cutions, 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.
] ~OTHER (Specify)
PART 11 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 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).
D'ENhlNG OFFICIAL
~
~
("go PELLA OFFICIAL TITLE / OFFICE RECORDS DENIED Guy I. Caputo Director. Omce or ins estigations
' Appendis C dppeafmust t5e made in writing within 30 days of receipt of this response. Appeals sh9uld be 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 clearly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 464 Part il (6-1998)
PRINTED ON RECYCLED PAPER This forrn was designed using %Forrq
Re: FOlA-98-261 APPENDIX C RECORD BEING WITHHELD IN PART NO.
DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.
01/22/98 Office of Investigations' Report Case No. 1-97-038:
Falsification of Surveillance Test Records By a Nuclear Production Technician. (25 pages) EX. 7C j