ML20195J233
| ML20195J233 | |
| Person / Time | |
|---|---|
| Issue date: | 06/16/1999 |
| From: | Reed C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Stellfox D MCGRAW-HILL PUBLICATIONS CO. |
| Shared Package | |
| ML20195J237 | List: |
| References | |
| FOIA-99-225 NUDOCS 9906180150 | |
| Download: ML20195J233 (3) | |
Text
I NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION PUIAWA :.EsPotisE NUMBER 6
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/#"'% p M 7 RESPONSE TO FREEDOM OF 99-225 1 5
f INFORMATION ACT(FOIA)/ PRIVACY RESPONSE -
ACT (PA) REQUEST TYPE
\* . . . */ #
..m REQUESTER DmTE l Mr. David Stellfox .
M I61999 PART l. -INFORMATION RELEASED f] No additional agency records subject to the regost have been located.
] Requested records are available through another public distribution program. See Comments section.
i R [ APPEN' DICES Agency records subject to the request that cre identified in the listed appendices are already available for
'>l public inspection and copying at the NRC Public Document Room.
[~] l APPENDICES i Agency records subject to the request that are identified in the listed appendices are being made available for
-' I j public inspection ano copying at the NRC Public Document Room.
R Enclosed is information on how you may ootain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, NW, Washington, DC.
r- APPENDICES
._ , Agency records subject to the request are enclosed.
P Wco'r'ddubject to the request that contain information originated by or of interest to another Federal agency have teeen 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.
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PART 1.A - FEES AuoVNT " You will be billed by NRC for the amount listed. g Nele. Minimum fee threshold not met.
I
~ You will receive a refund for the amount listed. Fees waived.
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for details PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE [
~ No agency records subjec'. ?o the request have been located. /
g- the reasons stated in Part 11.Certain information in the requested records is being withheld from disclosure pursuant -
t 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 1.C COMMENTS (Use attached Comraents continuation page if required)
[l The NRC staff has informed my office that although the draft SECY papers were mentioned at an open ACRS meeting, they were not discussed in detail.
For your information,, the final versions of SECY-99-140," Recommendations for Reactor Fire Protection Inspections," was issued on May 20,1999, and SECY-99-IS2," Status of Reactor Fire Protection Projects," was issued on June 7,1999.
M.sNATURr. MtLDOM Of INFOHMAl'UN AL AND Pl4tVALT ALI OF I ell' Ctrol Ann Reed [ 4 j 4W/
i 9906180150 990616 PDR FOIA STELLF099-225 PDR N.iC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This form was do. ed ustry inF orms 730036 t
NRC FORM 464 Part li U.S. NUCLEAR REGULATORY COMWilSSION FOlA/PA DATE I
9%SPONSE.TO FREEDOM OF INFORMATION 99-225 dr IO E i ACT'(FOIA) / PRIVACY ACT (PA) REQUEST PART li.A - APPLICABLE EXEMPTIONS
. APPENDicE8-. Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under m_
j l 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 .s properly classified pursuant to Executive Order 12958.
[)) Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.
E Exemption 3. The withheld information is specifically exempted from public disclosure by statute indicated. l Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerty Restricted Data (42 U.S C.
L 2161 2165).
j
' Section 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 proposals in the possession and control of an LJ 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.
p Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s)
Lu indicated.
] The information is considered to be confidential business (proprietary) information.
m The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and LJ accounting program for special nuclear matenal purtuant 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).
J Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng V htigation. Applicable privileges:
J Deliberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the y deliberative procesh. Where records are withheld in their entirety, the facts are inextncably intertwined with th( predecisional information. There also are no raasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.
Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)
Attomey-client privilege. (Confidential communications between an attorney and his/her client) ixemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.
= Exerr'otion 7: The withheld information consists of records compitec for law enforcement purposes and is being withheld for the reason (s) indicated. l
- (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 violation of NRC requirements from investigators).
] (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 j 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 nsk circumvention of the law.
~ (F) Disclosure could reasonably be expected to endanger the hfe or physical safety of an indvidual
] DTHER (Specify) ]
PART 11.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 l th1t the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public l intIrest. The person responsible for the denial at t those officials identified below as denying officials and the FO;A/PA Officer for any '
d:nials that may be eppealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED
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S:muel J. do'IIins Director, Office of Nuclear Reactor Regulation ' ~ ' Appendix A' I
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A3peafUiUst be mad 6 ; a wiiiinMithin 30' days of receipt of t'his response. 'Appealsihou'd It5e mailed to the FOIA/ Privacy ^ct Offic'er~
U.S. Nuclear Regulatory Commission, Washington, DC 20555-000t hr action by the appropriate appellate official (c). You should clearly s' ate on the envelope and letter that it is a "FOIA/PA AppcC NRC FORM 464 Partil t6-1998) PRINTED ON RECYCLED PAPER This form was designed using inF orms
Re: FOIA/PA-99-225 APPENDIX A ,
RECORDS BEING WITHHELD IN THEIR ENTIRETY !
NO. DATE DESCRIPTION #PAGE COUNTl/ EXEMPTIONS
- 1. Undated Draft Commission Paper Re: Status of Reactor Fire Protection Projects (7 pages) EX. 5
- 2. Undated Draft Commission Paper Re: Status of Reactor Fire Protection Projects (6 pages) EX. 5
- 3. Undated Draft Commission Paper Re: Recommendation for Reactor Fire Protection inspections (47 pages) EX. 5
- 4. Undated Draft Commission Paper Re: Status of Reactor Fire Protection Projects and Recommendations for Reactor Fire Protection Inspections (66 pages) EX. 5 i
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