ML20199L931
| ML20199L931 | |
| Person / Time | |
|---|---|
| Issue date: | 01/11/1999 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Foster J AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20199L935 | List:
|
| References | |
| FOIA-98-361 NUDOCS 9901280202 | |
| Download: ML20199L931 (9) | |
Text
NRC FORE 464 P_rt i U.S. NUCLEAR REGULATORY COMMISSION 1-ULAWA (6-199e)
RESPONSE NUMBER gh0(
f "'98-361 1
~
i u RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY RE PONSE
- k*...*/ ACT (PA) REQUEST TYPE I REQUESTER DATE Mr. James E. Foster M I I 800 PART l. -INFORMATION RELEASED L==w No additional agency records subject to the request have been located.
~~ Requested records are available through another public distribution program. See Comments section.
Z 'APPrNDICEs~
Agency records subject to the request that are identified in the listed appendices are already available for puulic inspection and copying at the NRC Public Document Room. i APPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for ,
' ' [ ._$'b_ public inspection and copying at the NRC F 'blic Document Room. l y- Document Room,2120 L Street, NW, Washington, DC. Enclosed is information on how you may obtai i
)
-
- APPENDICES-
_ Agency records subject to the request are enclosed.
~
y- referred to that agency (see comments section) for a disclosure determination and direct y We are continuing to process your request.
~~ See Comments.
PART 1.A - FEES AuouNT " You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.
I You will receive a refund for the amount listed. Fees waived.
O copnts PART l.8 -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
] No agency records subject to the request have been located.
y~~ ~ the reasons stated in Part 11.Certain information in the requested records is being withheld from disclosure pursua y- ~ Washington, DC 20555-0001.This Clearly statedetermination may on the envelope and be letter in the appealed that it iswithin 30 days a "FOIA/PA Appeal."by wnting to the FOIA/P PART l.C COMMENTS (Use attached Comments continuation page it' required)
Records subject to your request have been referred to the Office of Personnel Management, United States Secret Service, and th; General Accounting Office.
The Office of Human Resources (OllR) has informed my staff of the following:
[I I
G:neralinformation w hich outlines the system for evaluation of positions in grades I through 15 is provided in Management i Direciive 10.37, formerly NRC Appendis 4130-C dated April 30,1980, and specific information regarding the apprm al by l the Office of Personnel Management to allow the establishment of positions in the 1811 series is no longer maintained by 1
/
bONAIUNE - F HL LOQM Of INF QHMAIION ALI AND PHlvALY /LI OF F NL H I ., . .. t 2 , ; , ' , .-
Russell A. Powell -
l NRr'""" "" spg'28MM 'P8PO111 (CLEo PAPER This form was designed using inf orms PDR FOIA FOSTER 98-361 PDR
3 NRC FORM 464 Part it U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE 7ESPONSE TO FREEDOM OF INFORMATION 8
ACT (FOIA) / PRIVACY ACT (PA) REQUEST
" MN 1 1 1939
. APPEND ES PART ll.A - APPLICABLE EXEMPTIONS Records subject to the request that are described 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))
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 Exemption 3: The withheld information is specifically exempted from pubhc disclosure by statute indicated Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restncted Drta (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).
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 $52 of Title 5. U S C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal.
Exemption 4: The withheld information is a trade secret or commercial or financial information that is Deing withheld for the reason (s) indicated.
The information is considered to be confidential business (propnetary) information.
The information is considered to be propnetary because it concerns a licensee's or apphcant's physical protection or matenal control and accounting program for special nuclear matenal pursuant to 10 CFR 2 790(d)(1)
The enformation was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2)
~-
Exemption 5: The withheld information consists of interagency or intraagency records that are not ava!lable through discovery dunng htigation. Apphcable pnvileges-Dekoerative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the dehberative process Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional information. There alt.o are no reasonably segregable factual portions because the release of the facts would permit an incirect inquiry into the predecisional process of the agency.
Attomey work-product pnvilege (Documents prepared by an attomey in contemplation of litigation)
Attomey-chent povilege. (Confidential communications between an attorney and his/her chent) y Exemption 6: The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy.
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 toe scopa 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 pnvacy.
(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 guidehnes 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
'OTHER (Specify)
PART 11.0 - 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 th11 the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public 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 Director, Office of Iluman Resources RECORDS DENIED Appendis il f[
Pal E. Bird N Appeal must be made in wnting within 30 days of receipt of this response. Appeals should be mailed to the FOIA/Pnvacy 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 ti (61998) PRINTED ON RECYcLLD PAPER Trus form was cesigned using ir4 orms
6 Re: FOlA/PA-98-361 APPENDlX A RECORDS BEING RELEASED IN THEIR ENTIRETY HQ, DATE DESCRIPTION /(PAGE COUNT)
- 1. Undated CSRS vs FERS: Positions covered by CSRS (2 pages)
- 2. Undated Memo to Chairman Zech from Victor Stello, Jr., EDO,
SUBJECT:
Approval for the Agency's investigator Positions to be Covered under the Special Retirement Provisions of the New Federal Employees Retirement system (FERS)(4 pages)
- 3. Undated Letter from Paul Bird, NRC, to Irving Shapiro, OPM (14 pages)
- 4. Undated Position
Description:
Senior Investigator, GG (1811)-14 (6 pages)
- 5. Undsted Position
Description:
Director Of Field Office, Supervisory Investigator, GG (1811)-14 (7 pages)
- 6. Undated Position
Description:
Investigator, Field Operations, GG-(1811)-12 (6 pages)
- 7. Undated Position
Description:
Investigator, Field Operations, GG-(1811)-13 (7 pages)
- 8. Undat Position
Description:
Asst. to Dir., (GG-1811-15) (4 pages)
- 9. Undated Position
Description:
Director,01 Field Office / Supervisory Investigator, GG (1811)-14 (6 pages)
- 10. Undated Position
Description:
Investigator, Office of Director, IE, RI, GS-(1811)-12 (5 pages) i-
- 11. Undated Position
Description:
Investigator, Office of Director, IE, Rll, GS-(1811)-12 (5 pages)
- 12. Undated Position
Description:
Investigator. Enforcement & Investigation Staff, IE, Riti, GS-12 (5 pages)
- 13. Undated Position
Description:
Investigator, Office of Director, IE, RIV, GS-(1811)-
12 (5 pages)
- 14. Undated Position
Description:
Investigator, Office of Director, IE, RV, GS-(1811)-12 (5 pages)
9 a
j
! Re: FOIAIPA-98-361 1 1 )
l APPENDIX A (continued)
RECORDS BEING RELEASED IN THEIR ENTIRETY N_Q2 DATE DESCRIPTION 4PAGE COUNT)
- 15. Undated Position
Description:
Investigator, Office of Director, IE, Rl, GS-(1811)-13 (5 pages)
- 16. Undated Position
Description:
Investigator, Office of Director, IE, Rll, GS-(1811)-13 (5 pages)
- 17. Undated Position
Description:
Investigator, Ol Field Office, Rlli, GG (1811)-13 (5 pages)
- 18. Undated Position
Description:
Investigator, Office of Director, IE, RIV, GS-(1811)-
]
l 13 (5 pages) l l 19. Undated Position
Description:
Investigator, Office of Director, IE, RV, GS-(1811)-13 (5 pages)
- 20. Undated Position
Description:
Investigator, Office of Director,lE, RV, GG-080-14 (4 l pages)
- 21. Undated._ Position
Description:
Investigator, GG-(1811)-11 (5 pages) l 22. Undated Position
Description:
Investigator, GG (1811)-12 (6 pages) l 23. Undated Position
Description:
Investigator, IE, GS-(1811)-14 (9 pages)
- 24. Undated Position Action & Evaluation - Grades- 1 Edward Gilbert (7 pages) l 25. Undated Position
Description:
hvestigator, Investigations Branch, Division of Fuel Facilities, Materials, & Safeguards, IE, GS-1811-14 (7 pages) i l 26. Undated Position Action & Evaluation - Grades 15, investigator, GG-1811-13 (7 l pages) l
- 27. Undated Position
Description:
Investigator, GS13, Enforcement & Investigation Staff, Ril (6 pages) >
- 28. Undated Position
Description:
Investigator, Office of Director, IE, Rll, GS-(1811)-12 ;
(5 pages) j l
l l
i Re: FOIA/PA-98-361 r
APPENDIX A ,
(continued) -
RECORDS BEING RELEASED IN THEIR ENTIRETY f fEL PATE DESCRIPTION #PAGE COUNT)
- 29. Undated Position Description Senior investigator, Office of Director, IE, RV, GS- l 1811-14 (6 pages)
- 30. Undated Position
Description:
Investigation Specialist, IE, RIV, GS-13 (4 pages) j
- 31. Undated Position
Description:
Investigator, Office of Director, IE, RIV GS-1811-13 !
(5 pages) l
- 32. Undated Position
Description:
Investigator, Office of Director, IE, RIV, GS-1811-12 (5 pages)
- 33. Undated Position Action & Evaluation., investigation Specialist, IE. RIV (6 pages)
- 34. Undated Position Action & Evaluation, investigation Specialist, IE, R1 (6 pages)
- 35. Undated Position Action & Evaluation, investigator, IE, Ril (6 pages) !
- 36. Undated Position
Description:
Investigator, IE, Ril, GS-1811-13 (5 pages) i
}
- 37. Undated- Position
Description:
Investigator, Executive Office for Operations ;
Support, IE, GS-1811-12 (9 pages)
- 38. Undated Position
Description:
Investigator, IE, RI, GS-1811-12 (5 pages) 39: Undated Position
Description:
Assistant to Director, OIA, GG-15 (5 pages)
- 40. ' Undated Position
Description:
Senior Staff Investigator, OIA, GG-15 (3 pages) i l
- 41. Undated Position Descriptions: Criminal Investigator, OIA, GG-12, GG-13, & Senior ]
Criminal investigator, OIA, GS-14 (9 pages)
- 42. Undated Position
Description:
Special Assistant for Policy and Special Project, OIA, GS-14 (4 pages) l
- 43. Undated Letter from James McDermott, NRC, to Margaret Winkle, OPM (1 page)
)
- 44. Undated Letter from Paul Bird, NRC, to Woody Klinger, OPM, with attached j 04/14/88 Letter from Paul Bird, NRC, to Woody Klinger, OPM (2 pages) i l
i !
I l
i l ?
Re: FOIA/PA-98-361 APPENDIX A i (continued) !
l RECORDS BEING RELEASED IN THEIR ENTIRETY !
I l
M DATE DESCRIPTION 4PAGE COUNT) l t
- 45. Undated Handwritten notes (2 pages) l '
, 46. 05/03 Position
Description:
Policy & Special Projects Assistant. - Senior ,
l Investigator, GG-(1811)-15 (4 pages)
l description, and worksheet for benchmark (7 pages) l 48. 09/09/75 Letter from Calvin Jones,' NRC to CSC with attached position descriptions !
and form 772A (9 pages) ,
l 49. 02/12/76 Note from Randy kne, NRC, to Mr. Hoisington/IMrs. Lohr, CSC (1 page) !
l j
- 50. 06/26/79 Memo from Dudley Thompson, NRC, to S. Gary Davidson, NRC (2 i pages) ,
- 51. 08/06/79 Letter from Paul Bird, NRC, to H. A. Doyle, Jr., OPM with attached l l
positions descriptions (7 pages)
- 52. 12/15/8h Memo from George Messenger, NRC, to Paul Bird, NRC,
Subject:
Coverage of OIA investigators and Supervisor for Purposes of Retirement i Under 5 USE 8336(c) with attached 12/29/83 memo from Susan . l Dickerson, NRC, to Eileen Kirwan, OPM (4 pages) .
1 f 53. 12/23/83 Memo from Ben Hayes, NRC, to Paul Bird, NRC (4 pages) l l
- 54. 12/29/83 Memo from Susan Dickerson, NRC, to Eileen Kirwin, OPM (2 pages)
- 55. 02/23/84 Letter from Paul Bird, NRC, to Eileen Kirwin, OPM, with attached position descriptions (8 pages)
! 56. 04/11/84 Letter from Paul Bird, NRC, to Roland Arrington, OPM with attached l additionalinformation (9 pages)
- 57. 05/03/84 Position
Description:
Investigata:, GG (1811)-13 (5 pages)
- 58. 05/03/84 Position
Description:
Supervisory investigator, Director, Field Operations, GG-1811-15 (9 pages)
l Re: FOIA/PA-98-361 l; APPENDlX A (continued)
RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTIONHPAGE COUNT)
- 59. 05/03/84 Position
Description:
Senior. Investigator, Operations Officer, GG-(1811)-
14 (7 pages)
- 60. 05/03/84 Position
Description:
Senior investigator - Task Leader, GG (1811)-14 (7 pages)
- 61. 06/08/84 Letter from Paul Bird, NRC, to David Baker, OPM (1 page)
- 62. 06/29/84 Letter from Paul Bird, NRC, to Employee Service and Records Center, OPM (2 pages)
- 63. 04/05/85 Letter from Paul Bird, NRC, to Leslie El-Almin, OPM (3 pages)
- 64. 04/08/85 Letter from Paul Bird, NRC, to Leslie El-Almin, OPM (1 page)
- 65. 04/25/85 Letter from Paul Bird. NRC, to Leslie El-Almin, OPM, with attached Position Descriptions: Director, Ol and Deputy Director,01 (13 pages)
- 66. 12/18/8k Letter from Nate Bentson, NRC, to Franklin Lattanzi, OPM (1 page)
- 67. 12/20/85 Letter from Nate Sentson, NRC, to Nancy Wolf, OPM (1 page)
- 68. 7/86 Letter from James McDermott, NRC, to Franklin Lattanzi (4 pages)
- 69. 07/21/86 Letter from James McDermott, NRC, to Nancy Wolf, OPM (1 page)
- 70. 08/11/86 Letter from James McDermott, NRC, to Franklin Lattanzi, OPM (4 pages)
- 71. 12/24/86 Letter from James McDermott, NRC, to Margaret Winkle, OPM (2 pages)
- 72. 01/12/87 Letter from James McDermott, NRC, to Woody Klinger, OPM (1 page)
- 73. 04/15/87 Letter from Barbara Williams, NRC, to Nancy Wolf, OPM (2 pages) i
- 74. 06/24/87 Memo from Michael Fox, NRC, to Donna Rowe, NRC (1 page)
- 75. 07/30/87 Letter from Barbara Williams, NRC, to Nancy Wolf, OPM (1 page)
- 76. 09/01/89 Letter from Paul Bird, NRC, to Irving Shapire, OPM (2 pages) l
- - - , ~
O l Re: FOIA/PA-98-361 APPENDIX A (continued) l RECORDS BEING RELEASED IN THEIR ENTIRETY !
NQ DATE DESCRIPTION /(PAGE COUNT)
- 77. 11/08/89 Letter from Robert Loach, NRC, to Irving Shapiro, OPM with' attached form 772A and position description (6 pages) )
- 78. 11/15/89 Letter from Paul Bird, NRC, to Irving Shapiro, OPM with attached position description (6 pages) ;
i
- 79. 11/17/89 Letter from Debbie Chan, NRC, to Elsa Kurtz, OPM with attached form 772A (3 pages)
- 80. 11/17/89 Handwritten note from Debbie Chan, NRC (1 page)
- 81. 11/30/89 Letter from Deborah Chan, NRC, to Associate Director for Retirement & l Insurance, OPM (2 pages) l 82.' 12/20/89 Letter from Paul Bird, NRC, to Woody Klinger, OPM (1 page)
- 83. 08/16/90 Letter from Robert Loach, NRC, to Irving Shapiro with attacned forms ,
772A and position descriptions (21 pages) {
.- l
- 84. 02/23/91* Letter from Paul Bird, NRC, to Carlton Williams, OPM (1 page) !
I
- 85. 03/12/91 Letter from Paul Bird, NRC, to Irving Shapiro, OPM with attached form l 772A and position description (6 pages)
]
- 86. 01/13/92 Letter from Paul Bird, NRC, to Irving Shapiro, OPM with attached position descriptions (12 pages)
- 87. 04/06/92 Letter from Debbie Chan, NRC, to Gloria Young, OPM (1 page) 1
- 88. 05/12/92 Letter from Debbie Chan, NRC, to Gloria Young, OPM with attached list (6 ;
pages)
- 89. 05/22/92 Letter from J. Taylor, EDO, to Curtis Smith, OPM with attached 6/21/88 letter from L. W. Zech, Jr., NRC, to J. Barber, OPM (4 pages)
- 90. 05/22/92 Letter from Lando Zech, NRC, to Curtis Smith, OPM (3 pages)
. . - . , ~ . ... - - .. .. ... . _ . - . . . . . . . . . . . - . . . . - . . _ - - . . _ . . - . . . .
I o
Re: FOIA/PA-98-361 APPENDIX B RECORDS BEING WITHHELD IN PART NO, DATE DESCRIPTION /fPAGE COUNT)/ EXEMPTIONS
- 1. 08/22/96 Letter from Robert Edwards, NRC, to Patricia Ivey, OPM (2 pages) EX. 6
- 2. 08/12/97 Letter from Robert Edwards, NRC, to CSRS (2 pages) EX. 6 l
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