ML20155C788
| ML20155C788 | |
| Person / Time | |
|---|---|
| Issue date: | 10/27/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Carmeli M, Decarlo J AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20155C793 | List: |
| References | |
| FOIA-98-246 NUDOCS 9811030006 | |
| Download: ML20155C788 (3) | |
Text
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NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION P UIAWA RESPONSE NuM8ER i
Q1996)
M.DD I
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5# ""98-246 5
RESPONSE TO FREEDOM OF
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INFORMATION ACT(FOIA)/ PRIVACY 5
k+.~.e/
RESPONSE
ACT (PA) REQUEST TYPE N-L_
REQubSTER DATE l
. Jacqueline DeCarlo/ Margaret Carmell N 2 7 1998 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.
APPENO!CE s i
~ ~~i i L' J 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.
p IAPPENDICEs 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.
[l 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.
% (APPENOICEsAgency records subject to the request are enclosed.
yg Q " Rec 5ds Ebject 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 Corrments.
PART l.A - FEES AuoVN1 You will be billed by NRC for the amount listed.
] None. Minimum fee threshold not met.
- see comments _ _ _
Q You will receive a refund for the amount listed.
Fees waived.
for details PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
] No agency records subject to the request have been located.
Q 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.
Q-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)
The actual fees for processing your request are as follows:
Search:
$ 52.62 Review:
320.59 Duplication:
192.60 TOTAL:
$565.81 Since you've already submitted advance payment in the amount of $904.99, you will receive a refund from the ' RC Division of Accounting in the amount of $339.18.
This completes NRC action on your request.
g4 9811030006 981027 f
' SIGNA FURL - F Nt.LQoM OF 194 OHMAIlON AC,I AND PH!vACY AG1 UH IGkH.
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l2 Russell A. Powell i
NRC FORM 464 Part 1 (61998)
PRINTED ON RECYCLED PAPER This forrn was designed using inForrns 9f//DBcccre
NRC FORM 464 Part H U.S. NUCLEAR REGULATORY COMMISSION FOlA/PA OATE 7hSPONSE TO FREEDOM OF INFORMATION bl271996 I'
ACT (FOIA) / PRIVACY ACT (PA) REQUEST l
PART li.A - APPLICABLE EXEMPTIONS
. APPENDICES._.
Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under
_ _. the Exemption No (s) of the PA and/or the FOtA 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.
I' Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.
i 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).
l
. 41 U.S C, Section 253(b), subsection (m)(1), prohi8:ats the disclosure of contractor proposals in the possession and control of an executive agency to any person under section 59 of h3 5, U.S.C. (the FOIA), except when incorporated into the contract between the a
agency and the submitter of the proposal r; Exemption 4 The withheld information is a trade sacret or commercial or financial information that is being withheld for tha reason (s)
L indicated.
] The information is considered to b6 ccidantial business (proprietary) information.
l
- , The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and accounting program for special nuclear matenal 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 dunng litigation. Applicable privileges:
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Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the N.
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 releast 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 corcemplation 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 unwarranted invasion of personal privacy.
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 enfoccement 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 requiren,ents 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 risk circumvention of the law.
(F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual l
DTHER (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 person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any danials that may be appealed to the Executive Director for Operations (EDO).
-DEN ING OFFEIAL TITLE /OFFICd RECORDS DENIED
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g.'Ah0FFICIAL-AnnetteMtti-Cool
~~ ' Assistant Secretary of the Commission
~ Appendix if
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4ppeaimust'be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer,
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^
~
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U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You shou!d clearly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 484 Part11 (6-1998)
FRINTED ON RECYCLEo PAPER This form was designed using informs
1 Re: FOIA-98-246 APPENDIX H RECORD BEING WITHHELD IN PART NO, DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.
10/14/81 Memo from Samuel J. Chilk to Commissioner Bradford, subject: l&E Investigation of Stepan Chemical Company, (1 page), released, with attachments: 1) 10/14/81 memo from Samuel J. Chilk to W. Dircks, J. Cummings and L. Bickwith, subject: l&E Investigation of Stepan Chemical Company, (1 l
page), withheld in part, EX. 5; 2) 9/25/81 memo from Commissioner Bradford to the Commission, subject: I&E Investigation of Stepan Chemical Company, (2 pages),
withheld Iri entirety, EX. 5; 3) Synopsis with List of Documents, (4 pages), released; 4) Memo from John Ahearne to Commissioner Bradford, subject: lE Investigation of Stepan Chemical Company (COMPB-81-9), (1 page),
released.
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Natalie O.
Brown U.S.
Nuclear Regulatory Commission Washington, D.C.
20555-0001 FOIA Officer Branch Re:
FOIA-98-033
Dear Ms. Brown:
Pursuant to our telephone conversation yesterday afternoon, enclosed please find this firm's check for $904.99 in accordance with the enclosed Statemcnt of Estimated Fees.
Pursuant to the Freedom of Information Act, please provide this office with the complete file on Stepan Chemical Company.
Thank you for your attentio to Sis mt Lter, l
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Jacqueline eCarlo, Esq.
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Enclosures cc:
Christopher M.
Placitella, Esq.
Michael Gordon, Esq.
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GORDON AND GORDON A PROFES$10N AL CORPORATION 80 MAIN STREET WEST ORANGE, NEW JERSEY 07052 IIARRISON J. GORDON
- TELEPIIONE MICllAEL GORDON (973) 736 @ 94 FAX (973) 736-2675 AND ASSOCIATES January 22, 1998
. NJ. NY & DC BARS Russell Powell Chief FOIA Branch Nuclear Regulatory Commission Washington D.C. 20555 RE:
Stepan Chemical Company License No. STC-1333 Docket No. 40-8610 Our File No. 2152
Dear Mr. Powell:
Pursuant to the Freedom ofInformation Act please provide this office with the complete file on Stepan Chemical Company. Prior to copying the file, please contact this office and advise us of the cost.
Thank you for your anticipated cooperation.
Very Truly Yours, GORDON & GORDON,
.C.
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