ML20202B838
| ML20202B838 | |
| Person / Time | |
|---|---|
| Issue date: | 01/13/1999 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Chappie D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20202B843 | List: |
| References | |
| FOIA-99-69 NUDOCS 9901290210 | |
| Download: ML20202B838 (4) | |
Text
C'kEIPI;UriGlirs[
(6 1998)/*"'*%
/UMB6Lo 99-069 1
RESPONSE TO FREEDOM OF n
5 Il' INFORMATION ACT(FOIA)/ PRIVACY k*
- s e */
RESPONSE
ACT (PA) REQUEST TYPE YJ U^
REQUESTER DATE Mr. Damon Chappie JAN I 3 nhig PART l. -INFORMATION RELEASED
] No additional agency records subject to the request have been located.
]% iuested records are available through another public distribution program. See Comments section.
A' MicEs O
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 Documer,t Room.
'kPPENbidEs Agency records subject to the request that are identified hi the listed appendices are being made available for A,B public inspection and copying at the NRC Public Documerr Room.
Enclosed is information on how you may cbtain access to and the charges for copying records located at the NRC Pubiic Document Room,2120 L Street, NW, Washington, DC.
M 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 i
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 1.A - FEES
] You will be billed by NRC for the amount listed.
Q None. Minimum fee threshold not met.
WoiTNT' I
] You will receive a refund for the amount listed.] Fees waived.
- *s=
PART l.B -INFORMATION 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 II.
Q' - Washington, DC 20555-0001.This determination may be appealed within 30 days by writing to the FOIA/P Clearly state on the envelope and in the letter that it is a *FOIA/PA Appeal."
PART 1.C COMMENTS (Use attached Comments continuation page if required)
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9901290210 990113 d}
CHAPPIE99-69 PDR f
SQ$ Rt.FRE OF FORMAT ACl O 81VA ACT OFFICLR Ds e owell
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NRc FORM 464 Part 1 (6-1998)
PRINTED ON RECYCLED PAPER This form was designed using informs
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NRC FORM 464 Part la U.S. NUCLEAR REGULATORY COMEiSSION FOIA/PA DATE
"%SPONSE TO FREEDOM OF INFORMATIOli i
99469 ju n 3999 ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS
[ APPENDICES __}
Records subject to the request that are described in the enclosed Appendices are being withhold in their entirety or in part under l
0 _j 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 classifed pursuant to Executive Order 12958.
] Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.
] Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.
O Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U.S.C.
2161-2165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclase"#ed Safeguards information (42 U.S C. 2167).
O 41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an e escutive agency to any person under section 552 of Title 5, U.S.C. (the FOIA), except when incorporated into the contract between the age ncy and the submitter of the proposal.
O Exemptior4: The withheld information is a trade secret or commercial or financial information that it, being withheld for the reasna(s) indicated.
The information is considered to be con adential business (proprietary) information.
r O. The information is considered to be proprietary because it concems a licensee's or applicant's physical protection or material control and 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).
Exemptio.i 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation. Applicable privileges:
Daliberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the r*2fiberative process. Where records are withheld in their entirety, the facts are inextricably 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.
Attomey work-product privilege (Documents prepared by an attomey in contemplation of litigation)
] Attomey-client privilege. (Confidential communications between an altomey and his/her c!ient)
Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly r
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.
0 (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 sh: eld 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.
O (E) Disc'losure 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.
OTHER (Specify)
PART ll.B - DENYING OFFICIALS that the information withheld) is exempt from production or disclosure, and that its production or disclosure int; rest. The person responsible for the dental 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 T)TLE/ OFFICE RECORDS DENIED j [3[f3f[
Det.nis K, Rathbun DireHoriOffice of CongressionaFAffairs Appiiidis B l
7_
_ __L l
_ _. _ - _ - _ t l -.a -
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 cle:rly state on the envelope and letter that it is a "FOIA/PA Appeal."
N,iC FORM 464 Part ll (6-1998)
PRINTED ON RECYCLED PAPER TNs form was designed using inForrns~
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t FOIA-99-069 APPENDIX A RECORDS BEING RELEASE IN THEIR ENTIRETY fiQ.
DATE DESCRIPTION l
1.
5/20/94 Letter to Rep Henry J. Hyde from Chairman Ivan Selin (2 pages) 1 I
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l 1
4 1
4 4
A 4
FOIA-99-069 APPENDIX B RECORDS BEING WITHHELD IN PART HQ.
DAIE DESCRIPTION 1.
11/9/92 Letter to Rep Henry J. Hyde from HughT hompson (4 pages) EX 6 2.
11/27/92 Letter to Rep Henry JI Hyden from James M. Taylor (5 pages) EX 6 h
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