ML20197H331
| ML20197H331 | |
| Person / Time | |
|---|---|
| Issue date: | 12/02/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Omealia M AFFILIATION NOT ASSIGNED |
| References | |
| FOIA-99-51 NUDOCS 9812140051 | |
| Download: ML20197H331 (3) | |
Text
._ ~ . ._. _ ___ _ _ _ . . _ . _. ._ _. _ _ _ _ ._
NRC FORM 464 P rt i .
U.S. NUCLEAR REGULATORY COMMISSION t'UIAIVA r.EsPoNsE NUMBER h (6-1998)
' [ #
/*"%g* Igpb 99-051 1
' RESPONSE TO FREEDOM OF I
h INFORMATION ACT(FOIA)/ PRIVACY RESPONSE k* . . . +/ ACT (PA) REQUEST TYPE I-REQutSlER DATE Michael K. O'Mealia DEC 01 lil98 PART 1. -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.
- 3 ' PPENDICES
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.
R [APPENotCEs~~ 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.
)
7 ' Document Room,2120 L Street. NW, Washington, DC.EnclosedTs information on how yo
}
~
APPENDICES
_ , Agency records subject to the request are enclosed.
~~ ~ Records 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.
i ] We are continuing to process your request.
~ See Comments.
PART 1.A - FEES
^AuouNT "~~ ~ ~ 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.
g_
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 ll.Certain information in the requested records is being withheld from disclosure pursuant tol e
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. Clearfy 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) l
% (
9812140051 981202 i PDR FOIA O'MEALIA99-51 PDR bH.,.NATURL . F HLLDOM OF INf QRMAIION ACT AND PHIVACY ACI Of fICLH
,,,[ Russell A. Powell ( f/ e-
- NRC FORM 464 Part 1 (6-1998) PRINTED oN RECYCLED PAPER This form was desgned using informs
M 8, NRC FORM 464 Ptrt 11 U.S. NUCLEAR REGULATORY COMMISSIONFOIA/PA 99-051 DEC 0 21998
} %SPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS
. APPENoict$__ Records subject to the request that are descnbed in the enclosed Appendices are being w d below (5 U.S C. 552a and/or 5 U.S C. 552(b)).
_ d_ the Exemption No.(s) of the PA and/or the FOIA as indicate 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.
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 Forme 2161-2165).
~
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Inform 41 U.S.C. Saction 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possess executive agency to any person under section 552 of Title 5. U S C. (the FOIA), except when incorpor agency and the submitter of the proposal.
- Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for th
" indicated.
The information is considered to be confidential business (proprietary) information.
The information is considered to be proprietary because it concems a licensee's or applicant's physical prote
- 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).
] The withheld information consists of interagency or intraagency records that are not available through discovery during y Exemption 5: litigation. Applicable pnvileges:
Deliberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas
- 7 de!iberative 1 process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecision information. There also are no reasonably segregable factual portions because the release of the facts would permit an indire into the predecisional process of the agency.
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Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)
_ Attomey-client pnvilege. (Confidential communications between an attcmey and his/her client)
~ Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwaaanted 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 enforcement proceeding (e g, it would reveal the scope 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 pnvacy.
~ (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expecte
- 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 life or physical safety of an individual
] 'OTHER (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 thit the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public intf, rest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any dsnials that may be appealed to the Executive Director for Operations (EDO).
DEUYING OFFICIAL TITLE / OFFICE RECORDS DESIED j[ [9[
^ Director. Office for Analysis and Evaluation of ' Appendix A~
Thomas T. Martin Operational Data
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Appeal must tie ma'de 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, 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 X (6-1998) PRINTED ON RECYCLED PAPE.R This form was oesigneo using informs
November 17,1998 l Mr. Russell A. Powell I l Information Services Branch Caselkt N' '
l- FOIA/PA Section OssilmRt / /- M 'l8 -
l U.S. Nuclear Regulatory Commission gg /5bo/
Washington, D.C. 20555
.g Re: Freedom ofInformation Act Reauest
Dear Mr. Powell:
Pursuant to the Freedom ofInformation Act (5 U.S.C. Q 552), as amended, and the U.S.
Nuclear Regulatory Commission's (NRC) regulations (10 C.F.R. Part 9, Subpart A),
please provide Performance Indicator data, on a per plant basis, for the first and second quarters of 1998.
I would appreciate your prompt response within ten (10) working days of the receipt of this request, as provided by 10 C.F.R. Part 9 and the NRC's solicies. If you require additional information, please contact me atM 5 S' ce ,
i .
F Michael K. O'Mealia O
1
o FOlA-99-051 APPENDIX A RECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION /f PAGE COUNT)/ EXEMPTION
- 1. Undated Draft, Performance Indicators for Operating Commercial Nuclear Power Reactors, Data Through September 1998 (455 pages) EX. 5 V
O
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