ML20155J719
| ML20155J719 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 11/05/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Ryan M MCGRAW-HILL PUBLICATIONS CO. |
| Shared Package | |
| ML20155J722 | List: |
| References | |
| FOIA-98-121 NUDOCS 9811120281 | |
| Download: ML20155J719 (5) | |
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NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION. P' UIAlt'A QESPoNSE NuMOEW
% fYh bM 98 131 4
RESPONSE TO FREEDOM OF I
INFORMATION ACT (FOIA) / PRIVACY k*ss**
RESPONSE --
ACT (PA) REQUEST TYPE YJ U
Margaret L. Ryan 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.
~MPENDiCIS Agency records subject to the request that are identified in the listed appendices are already available for public inspection and copying at the NRC Public Document Room, r
~MPiNOiCis Agency records subject to the request that are identified in the listed appendices are being made available for G,H public inspection and copying at the NRC Public Document Room.
C 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.
M Agency records subject to the request are enclosed.
O Recurds 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 LA - FEES MifN'T
- You will be billed by NRC for the amount listed.
Q None. Minimum fee threshold not met.
I
] You will receive a refund for the amount listed.] Fees waived.
Tar->
PART LB -lNFORMATION 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 11.
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)
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PRNACY ACT OFFK;ER Russell A. Powell 9811120281 981105 PDR FOIA RYAN98-121 PDR NRC FORM 464 Part 1 (6-1998)
PRINTED ON RECYCLED PAPER lhe form was designed using informs Y llldQ)b/
NRC FORM 464 rt 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA oA1E 7ESPONpE TO FREEDOM OF INFORMATION m 21 MMM ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS l APPENoicES__. Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under i
I 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 intemal personnel rules and procedures of NRC.
4
[ 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).
1 41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an 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.
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 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).
U Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during NJ litigation. Applicable privileges:
rv Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the 3fJ deliberative process. Where records are withheld in tneir entirety, ions because the release of the facts would the facts are inextncably intertwined with the predecisional information. There also are no reasonably segregable factual port into the predecisional process of the agency.
] Attomey work-product privilege. (Documents prepared by an attcmey in contemplation of litigation)
] Attomey<lient 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 unwcrranted invasion of personal privacy.
~
f~]
Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s)
LJ indicated.
(A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e 9., it would reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipents to take action to shield potential wrongdoing or a violation of NRC requirements 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) Disc losure could reasonably be expected to endanger the life or physical safety of an individual.
OTHER (Specify)
PART ll.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g)d is exempt from production or disclosure, and that its production or disclosure is co that the information withhel 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).
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED l'o E
Anette Vietti-Cook Als ifht Sedelary of thTCoisiis~ilon
-Appendlillil I
i
- g_L1_
l Appeal must 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 clearly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRc FORM 464 Part 11 (e-1998)
PRINTED ON RECYCLED PAPER This form was desgned using informs
FOIA-98-121 APPENDlX G RECORDS BEING RELEASED IN THEIR ENTIRETY
- N_Q, DATE DESCRIPTION /(PAGE COUNT) 1.
3/10/98 Memorandum to TMartin from Commissioner Diaz,
Subject:
Salem Emergency Exercise (1 page)
I
FOlA-98121 APPENDIX H RECORDS BEING WITHHELD IN PART
- N_Q, DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1,
2/24/98 Memorandum to Commissioner Diaz from S Jackson,
Subject:
COMNJD-98-002 - Reduction of Vulnerabilities in Emergency Preparedness (2 pages) EX. 5 2.
2/26/98 Memorandum to Commissioners Dieus, Diaz and McGaffigan from S Jackson,
Subject:
Further Resposne to COMNJD-98-002 - Reduction of Vulnerabilities in Emergency Preparedness and the February 25,1998, SRM (2 pages) EX. 5 3.
Undated Draft memorandum to L Callan from J Hoyle,
Subject:
Staff Requirements:
COMNJD-98-002 - Reduction of Vulnerabilities in Emergency Preparedness (3 pages) EX. 5 4.
Undated Draft memorandum to Commissioner Diaz from S Jackson,
Subject:
COMNJD-98-002 - Reduction of Vulnerabilities in Emergency Preparedness (2 pages) EX. 5 5.
Undated Draft memorandum to Commissioners Discus, Diaz and McGaffigan from S Jackson,
Subject:
Further Response to COMNJD-98-002 - Reduction of Vulnerabilities in Emergency Preparedness and the February 25,1998, SRM (3 pages) EX. 5 6.
Undated Draft memorandum to Commissioners Dicus, Diaz and McGaffigan,
Subject:
Further Response to COMNJD-98-002 -Reduction of Vulnerabilities in Emergency Preparedness and the February 25,1998, SRM (2 pages) EX. 5 7,
2/26/98 E-Mail from S Crockett to A Vietti Cook et al.,
Subject:
SRM on COMNJD 98-2 (1 page) RELEASE attaching Commissioner McGaffigan's comments / edits on draft of SRM for COMNJD-98-002 (2 pages) EX. 5 8.
Undated Recommended text for SRM on COMNJD-98-002 signed by Commissioners Diaz, Dieus & MGaffigan (1 page) EX. 5 l
y l
FOIA-98121 APPENDIX 1 RECORDS BEING WITHHELD IN THEIR ENTIRETY N_4 DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1,
2/24/98 Memorandum from Commissioner Dieus to Commissioner Diaz,
Subject:
COMNJD-98-002 - Reduction of Vulnerabilities in Emergency Preparedness (1 page) EX,5 2.
2/24/98 Memorandum to Commissioner Diaz from Commissioner McGaffigan,
Subject:
COMNJD-98-002 - Reduction of Vulnerabilities in Emergency Preparedness (1 page) EX. 5
l I200 ti Strhet. NW Suite II00 l
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March 16, 1998 b,.
GA, PA_C Donnie H. Grimsley, Director OpW
',7 Division of Freedom of Information & Publications Services U.S. Nuclear Regulatory Commission Washington DC 20555
Dear Mr. Grimsley:
Under the U.S.
Freedom of Information Act, I request that you release all materials connected with COMNJD 98-002, entitled Reduction of i
Vulnerabilities in Emergency Preparedness, including the document COMNJD 98-002 itself, written memoranda and electronic mail memoranda related to this document among commissioners and/or the staff to the commissioners and/or the
- I staff to the agency, legal memoranda related to issues raised by COMNJD 98-002, any documents indicating commission votes en COMNJD 98-002, and the resulting Staff Requirements Memo and documents pertaining to it.
If any part.of this request is denied, please send me a detailed statement of the reasons for this denial, an index or statement of the nature of the documents withheld, and your procedures for appeal.
As a working journalist, I request the standard waiver of fees accorded the press.
Thank you for your consideration. I look forward to hearing from you in the next 10 days. I may be contacted by telephone at (202) 383-2160 and by fax at j
(202)' 383-2125.
)
Yours truly, 1
f argaret L.
Ryan, Chief Editor Nucleonics Week O
l d DI2 9 0031
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