ML20154Q360
| ML20154Q360 | |
| Person / Time | |
|---|---|
| Issue date: | 10/21/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Williams O JRA ASSOCIATES |
| Shared Package | |
| ML20154Q365 | List: |
| References | |
| FOIA-98-256 NUDOCS 9810230218 | |
| Download: ML20154Q360 (3) | |
Text
NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSI N 1-UiA/VA RESP NsE NUMBER
, - x '
L /# "" % gJ 98-256 1 i # n' RESPONSE TO FREEDOM OF i E
h INFORMATION ACT(FOIA)/ PRIVACY RESPONSE -- "
ACT (PA) REQUEST TYPE k**s<*/ 1 REQUESTER DATE Ms. Ophelia G. Williams I 1 RB PART 1. -INFORMATION RELEASED l
t] No additional agency records subject to the request have been located. !
{ Requested records are availatna through another public distribution program. See Comments section.
p!iAPPENDICEs ' ~public Agency records subject to the request that are identified in the listed appendices are already available for inspection and copying at the NRC Public Document Room.
Q [ APPENDICES-- Agency records subject to the request that are identified in the listed appendices are being made available for !
l A public inspection and copying at the NRC Public Document Room. l C 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. -
F d APPENDICES < Agency records subject to the request are enclosed.
t A j P Wcoris~ sib [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 request.
] See Comments.
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PART l.A -- FEES AuoVNT " - ~ You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.
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I You will receive a refund for the amount listed. Fees waived.
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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 II.Certain information in the requested records is being withheld from disclosure pursuant to
- . y- Washington, DC 20555-0001.This determination Clearly state may on the envelope and be appealed in the letter that within 30 days it is a "FOIA/PA by writing Appeal " to the FOIA/PA
, PART l.C COMMENTS (Use attached Comments continuation page if required) 0)f PIA 1 9810230218 981021 PDR FOIA WILLIAM 98-256 PDR
,f fj?.Y Russell"A. Powell s
NRC FORM 464 Part i (61998) PRINTED oN RECYCLED PAPER This form was designed using informs TV/0280 2A
r NRC FORM 464 P. rt 18 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE 7ESPONSE TO FREEDOM OF INFORMATION .98-256 .007 21 Ege ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS
[APPENolcEs _. Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under y k.__ 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 properly 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 pubhc 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.
L. 2161 2165).
R Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S C. 2167).
R 41 U.S C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an
" axecutive 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 submiiter 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)
L 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 contruf and accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).
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The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
xemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during a 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 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.
Attomey work-product pnvilege. (Documents prepared by an attorney in contemplation of litigation)
Attorney-client pnvilege. (Confidential communications between an attorney 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.
y 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 viciation of NRC requirements from investigators).
g (C) Disclosure would constitute an unwarranted invasion of persona 1 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 risk circumvention of the law.
(F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
] IiTHER (Specify)
PART ll.B - DENYING OFFICIALS Pursuint 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 thit the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public int:r:st. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any deni:;ls that may be appealed to the Executive Director for Operations (EDO).
PL T OFFICML DEN IU5 OFFICIAL TITLE / OFFICE RECORDS DENIED [g
((J. Miller ~ ~ Regional Administrator, Region I A/l i _ _ _
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AhpeIl must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, l U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for acticn by the appropriate appellate official (s). You should cintly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 464 Part ll (6-1998) PRINTED ON RECYCLED PAPER This forrn was designed using informs
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Re: FOfAIPA-98-256 APPENDIX A RECORDS BEING WITHHELD IN PART l
NO. DATE DESCRIPTIONHPAGE COUNT)/ EXEMPTIONS l
- 1. Undated Printout of Nine Mile Point Closed Allegations Received Since 1/1/96 (25.pages) EX. 7C 1
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