ML20155J776
| ML20155J776 | |
| Person / Time | |
|---|---|
| Issue date: | 11/06/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Williams O JRA ASSOCIATES |
| References | |
| FOIA-97-488 NUDOCS 9811120296 | |
| Download: ML20155J776 (5) | |
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NRC f 0RM 464 Part l U.S. NUCLEAR REGULATORY COMMISSION PUIAIVA RESPONSE NUMBER m
/V[(WS97-488 5 l
N*["' S RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY RESPONSE --
k + . . . +/s ACT (PA) REQUEST TYPE __ d REQUESTER DArE Ophelia Williams N O O 3%
PART 1. -INFORMATION RELEASED t
[t No additional agency records subject to the request have been located.
] Requested records are available through another public distribution program. See Comments section.
i7 Agency records subject to the request that are identified in the listed appendices are already available for
" [ APPENDICES i public inspection and copying at the NRC Public Document Room.
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[APNNOCEsR Agency records subject to the request that are identified in the listed appendices are being made available forl public inspection and copying at the NRC Public Document Room. l
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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.
l m : APPENDICES Ct Agency records subject to the request are enclosed.
R ~~RecordsWbject 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. ,
PART 1.A - FEES l ~ AMOUNT " -~ You will be billed by NRC for the amount listed. ~ None. Minimum fee threshold not met. I I ~ You will receive a refund for the amount listed. Fees waived.
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 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 record identified on Appendix G is copyrighted. This record is available for inspection ONLY at the NRC's PDR O/
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l 9811120296 981106 i~
PDR FOIA WILLIAM 97-488 PDR sionA7pae - Faur MONPADON y1 ANO mvAcy ACI 0%EH x h. b '_/pm .s '~
Russell' I Aoviell L
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! PRINTED oN RECYCLED PAPER This fonn was cesigned using informs NRC FORM 484 Part 1 (6-1998)
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l j NRC FORM 464 Part in U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA cm l 7ESPONSE TO FREEDOM OF INFORMATION l 97-488 ROY 0 61998 ACT (FOIA) / PRIVACY ACT (PA) REQUEST
,APPEN Cs_1 PART ll.A - APPLICABLE EXEMPTIONS 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 FOIA as indicated below (5 U.S.C. 552a and/or 5 U.S.C. 552(b)).
l ] Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.
R Exemption 2- The withheld information relates solely to the internal personnel rules and procedures of NRC.
5 Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.
l C Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C.
{~] Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C,2167).
j - 41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an w
- 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.
rya Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) l indicated.
I- The information is considered to be confidential business (propnetary) information.
I R The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or matenal control and l LJ accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).
Q The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
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yu Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation. Applicable privileges:
j
- 7 Deliberative process
- Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the
- x 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.
l ~ Attorney work-product privilege. (Documents prepared by an attomey in contemplation of litigation) i r:
Attomey-client privilege. (Confidential communications between an attorney and his/her client)
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hxemption 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 er:forcement purposes and is being withheld for the reason (s) indicated.
l - (A) focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrong l
NRC requirements from investigators).
l ~~ (C) Disclosure would constitute an unwarranted invasion of personal privacy.
l
- (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.
l ~ (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.
~ WTHER (Specify)
PART ll.B - DENYING OFFICIALS l 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 thit the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public intirest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any d:nials tnat may be appealed to the Executive Director for Operations (EDO).
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I)ENYING OFFICIAL TITLE / OFFICE RECORDS DENIED T
~ ~ ~~ ~ ~
y[FIC L{
_.- _. ~ ~ ~ " Director, Office ofIniestigations
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~ Appendix H '
Tlio~ MAT, Mirt'in -
' ~ ~
DirectoriOffice for Analysis and Evaluation'of -
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Appendix I ~
Operational Data Appeal must be made in wnting within 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, OC 20555-0001, for action by the appropriate appellate official (s). You should
! clurly state on the envelope and letter that it is a "FOIA/PA Appeal."
l NRC FORM 464 Pan il (6-1998) PRIN ON RECYCLED PAPER This form was designed using informs l
.. i s
V FOIA-97-488
. APPENDIX G RECORDS BEING RELEASED IN THEIR ENTIRETY '
(if copyrighted identify with *)
NO. DATE DESCRIPTIONNPAGE COUNT)
' 1. 5/92
- Nuclear Engineering International articles (8 pages) l 2
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i FOIA-97-488 APPENDlX H RECORDS BEING WITHHELD IN THEIR ENTIRETY N_Q DATE DESCRIPTION /IPAGE COUNT)/ EXEMPTION l 1. 9/18/91 Memorandum for J Taylor from B Hayes,
Subject:
Request for investigation Regarding the Westinghouse Steam Generator Tube l
Degradation ((2 pages) EX. 5 l
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FOIA-97-488 APPENDlX l RECORDS BEING WITHHELD IN THEIR ENTIRETY NQ DATE DESCRIPTION /fPAGE COUNT)/ EXEMPTION
- 1. -
Advanced incident Reporting System (AIRS) Database which relates to intemational plants Ex. 4 1
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l FO!NPA REQUEST l CaseNo: 37-vee J/R/A ASSOCIATES DateRec'd:
RegulatoryInformation & SupportSystemsb.CUon()fi: }]q .2z-L- 79 P.O. Bar 4604 RelatedCrx: i CapitolHeighis, MD 20791-4604 -
(301) 249-9672 .
December 17,1997 OGW-97-190 Mr. Russell A. Powell, Chief Freedom ofInformation/ Local Public Document Room Branch M/S T6D8_ ,
U.S. NUCLEAR REGULATORY COMMISSION Washington, DC 20555
SUBJECT:
FREEDOM OFINFORMATIONACTREQUEST
Dear Mr. Powell:
Pursuant to the Freedom ofinformation Act , 5 USC Paragraph 552, and to the Nuclear Regulatory Commission 's regulations, I hereby request copies of any data the NRC documents orpossesses em steam generator degradation in internationalplants.
I would appreciateyourprompt response within ten working days of the receipt of this request, asprovided by the Code andNRC's policies. Iagree topay suchfees as required under 10CFR Paragraph 9.33 et sea, withoutfurther authorization, however, please callif thefees exceed $50.00. In addition, pleasepend the response to me only, rather than to the NRC's Public Document Room. Please callifyou have questions. Thankyouforyour services.
S' cerely, a444C 1 Ophelia G. 'illiams
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