ML20154Q296

Eighth Final Response to FOIA Request for Documents. Documents Listed in App L Being Withheld in Part & Documents Listed in App M Being Withheld in Their Entirety (Ref FOIA Exemption 5)

ML20154Q296
Person / Time
Issue date:	10/21/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Temple R WINSTON & STRAWN
Shared Package
ML20154Q299	List: ML20154Q296 ML20154Q350
References
FOIA-98-108 NUDOCS 9810230201
Download: ML20154Q296 (4)

Text

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NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION P UIAIVA RESPONSE NUMBER , 1 (e-1:. 1 J #"%

gDO C 98-108 8 )

~k e RESPONSE TO FREEDOM OF j 5

INFORMATION ACT(FOIA)/ PRIVACY RESPONSE -

.k * . . . + ACT (PA) REQUEST TYPE Y Mr. Robert K. Temple *I -

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.

m APPENOCEs Agency records subject to the request that are identified in the listed appendices are already available for j

"! public inspection and copying at tne NRC Public Document Room.  !

E" ? PEN 0lCES~ ~ ~ Agency records subject to the request that are identified in the listed appendices are being made availabl!

!  ! public inspection and copying at the NRC Public Document Room. )

E ~5nclosed 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. j 1

~r IAPPENDICES~ ,

i g Agency records subject to the request are enclosed. j

~~- 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. I

~-~ We are continuing to process your request.

See Comments. l I

PART l.A - FEES  ;

AmoVNf " ~ ~ ~ ~ You will be billed by NRC for the amount listed.

] None. Minimum fee threshold not met.

$ 29.07 You will receive a refund for the amount listed.

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Fees waived. I for detads 1 PART l.0 -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

- No agency records subject to the request have been located. j I

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.

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) l FEES:

Search - I hr. SES at $67.09 per hr.; 91/2 hr. professional at $35.67 per hr.; I hr. clerical at 517.39 per hr. = S423.21 "

Review - I hr. SES at $67.09 per hr.; 7 3/4 hr. professional at $35.67 per hr.; 1 1/2 hr. clerical at $17.39 per hr. = $369.42 Repro - 212 pages at $.20 per page S42.40 TOTAL = $835.03 [ [ ,

Advance Payment = 5805.96 l TOTAL DUE = 529.07 I h'

9810230201 981021 ,

PDR FOIA PDR TEMPLE 98-108 se ust .e ate.,vouve iNeusylluN AG1 AND PHIVACY ALI O&esttM Russell A.'Poweil #' ~

PRINTEo ON RECYCLED PAPER Thts form was designad using Inf orms NRC FORM 464 Part 1 (6-1998)

J

g NRC FOftM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE

( "EtESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST "8 D1 E PART ll.A - APPLICABLE EXEMPTIONS

,"{C] _ Records subject to the request that are described in the enclosed Appendices are being withheld in their enbrety or in part under 2.__ 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 solely to the internal personnel rules and procedures of NRC.

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

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

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2161 2165).

Sect.on 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 proposa!s in the possession and control of an a 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.

O 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

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The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or matenal 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 received in confidence pursuant to 10 CFR 2.790(d)(2).

JV Exemption 5: The withhold information consists of interagency or intraagency records that are not available through discovery dunng litigation. Applicable privileges: l J~ v 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. I Attomey work-product privilege. (Documents prepared by an attomey in contemplation of litigation) l 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 privacy.

~~

l 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 int *rfere 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).

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(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 reasoaably be expected to reveal identities of confidential sources.

- (E) Disclosure would reveal techniquas 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.

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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 th1t the inPmation 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 denials that may be appealed to the Executive Director for Operations (EDO).

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DENYING OFFICIAL TITLE /OhFICE r4ECORDS DENIED #hO{FICIAL 3

Arb etthletti Cook Assistant Secretary to the Commission Appendices L and M

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^Meafrnust 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, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should cizrfy state on the envelope and letter that it is a FOIA/PA Appeal."

NRC FORM 464 Part 11 (6-1998) PRINTED ON RECYCt.ED PAPER This form was designed using informs

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Y c i

Re: FOlA/PA-98-108 l

APPENDIX L i RECORDS BEING WITHHELD IN PART I i

NO. DATE DESCRIPTION /(PAGE COUNT)lEXEMPTIONS

1. 6/9 Cover sheet from J. Lieberman with enclosed Of Policies on Rights of Employees Under investigation (2 pages) Release (a) 5/21/85 Memo to W. J. Dircks and B. B. Hayes from S. J.

Chilk,

Subject:

Staff Requirements-SECY-85-80 (2 pages)

ANO 8605190067 (b) Comments of Commissioner Roberts on SECY-85-080 (1

, page) EX. 5 Predecisional (c) Commissioner Bernthal's comments on SECY 85-80 (1 page) EX. 5 Predecisional I

(d) 3/6/85 SECY-85-80 without enclosures (13 pages) EX 5 Predecisional i.

W ,

4 l Re: FOlA/PA-98-108 '

j APPENDIX M  ;

RECORDS BEING WITHHELD IN THEIR ENTIRETY l NO. DATE DESCRIPTION 4PAGE COUNT)/ EXEMPTIONS

1. 03/06/85 SECY-85-80 with enclosures (67 pages) EX. 5 Predecisional

2. 07/22/85 SECY-85-255 with enclosures (96 pages) EX. 5 Predecisional

3. Undated Memo to the Commission from J. A. Fitzgerald,

Subject:

j Commission Action on 01 Policy Proposals (3 pages) EX. 5 Predecisional j (a) Draft 01 Policy Statements (4 pages) EX. 5 Predecisional (b) Draft Investigative Procedure Memoranda (7 pages) EX. 5 Predecisional 1

d

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l WINSTON & STRAWN I l

200 PARK AVENUE 35 WEST WACKER ORIVE 6, RUE DU CIRQUE NEW YORK. NY 10166-4191 CHICAGO, ILUNOIS 60601-9703 75008 PARIS. FRANCE 1400 L STREET, N w (312) 558-5600 43 RUE DU RHONE WASHINGTON. O C 20005 3502 1204 GENEVA. SWITZERLAND i FACSIM6LE (312) $$8 5700 $ $ITh  %

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312/558-6346 * --

March 9,1998 l

Director, Division of Freedom of Information and Publication Sersices Omce of Administration U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 1

Re: Freedom ofInformation Act Reouest l

Dear Sir:

Pursuant to the Freedom ofInformation Act (5 U.S.C. Q 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 Omce of General Counsel Opinions related to the presence of counsel, an attorney, or representative during NRC hivestigations.

The NRC policies, procedures, guidance documents, or Omce 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 Omce ofInvestigations or the NRC's Omce ofInspector General.

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

l Sincerely, M

Robert K. Temple i

5D b S00.2