ML20202D952

Final Response to FOIA Request for Records.App a Records Partially Withheld (Ref Exemptions 7A & 7C)

ML20202D952
Person / Time
Site:	Saint Lucie
Issue date:	02/12/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Barton E AFFILIATION NOT ASSIGNED
Shared Package
ML20202D956	List: IA-97-461, Forwards FOIA Request Received Direct in Region II from E Barton on 971125.Encl Partially Deleted ML20202D952 ML20202D982 ML20202D999 ML20202E014
References
FOIA-97-461 NUDOCS 9802180035
Download: ML20202D952 (3)

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4t RESPONSE TO FREEDOM OF x l risat

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INFORMATON ACT (FOlA) REQUEST gg [J g DA" esee i

DOLAL 1 NUMBL Rt&l (if eMwstsNel QiQUt STE R Eric Daf ton l

PART 1.-AGENCY RECORDS RELE ASE D OR NOT LOCATED (See chededtcaes/

l No agency records subject to the request have been located, No additional agency records subject to the s..sest have been located.

Requested records are available through another public distribution program. See Corr *ments section.

Aperty records subject to the request that are identif 6ed in Appendim(es) are already available for publ6c inspect 8on and copyin, at the NRC Public Document Room. 2120 L Stract, N.W., Washington, DC.

Agerzy records subject to the request that are identif 6ed in Appendin(es) are tseing made avanable for puMic inspection and copying ct the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder oder this F OI A number.

The nonproprietary version of the proposal (s) that you agread to accept in a telephone conversation with a member of my staf f is now being made available f or public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this F OI A number.

Atr.,ncy records rubject to the request that are identified N Appendim(es) may be inspMted and copied at the NRC Local Public Document Room identified in the Comment sect 6on.

Enclosed to information on how you may otstein access to and the charges for copying records located at trvi NRC Public Document Room,2120 L 6treet, N.W., Washington, DC.

Agency records subject to the request are enclosed.

flecords sub}ect to the request have been referred to another Federal agency (ies) for review and direct ressonse to you.

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NONE You will be billed by the NRC for fees totaling 5 You will receive a refored from the NRC in the amount of $

In view of NRC's response to this request, no further action is being talten on appeal letter dated

, No.

PART 11. A-INFORMATION WITHHELD F ROM PUBLIC DISCLOSURE Certsin Infortnation in the requested records i being withheld from public disclosure pursuant to the exemptions described in and for the,darans stated t

z in Pset 11, B, C, and D. Any reinsed port 6ons of the documents for which only part of the record is being withheld are beine made eveilable for public Irepectka and copying in the NRC Public Document Room,2120 L Street, N W., Washington, DC in a folder under this FOI A number, COMMENTS

• A Copy of the releasable portions of the record identified on Appendix A is enclosed.

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,oie met mi baie RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REOUEST FOIA - 97.461 idB121998 e

(CONTINUATION) l PART e B-APPLICADLE ExtMPMONS b

Records Subject to the toquest that are described in the orglosed Appendis(es) ere being withheld in their sntirety or in part under the Esernption No.(s) and for the reasontal given below pursuant to 6 U.SA b52(b) and 10 CF R 9.17(e) of NRC regWe:6ons.

1. The withhold mformation es property classited pursuant to tsecut6ve Order. (Exempt 6un 1)

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$scr6one 141 146 of the Atomic Inergy Act, which prohstute the disclosure of Restr6cted Dets or Formerly Restreeted Dna (42 UIC. 21612166L Loc 16cn 147 of the Atome Energy Act, which prohibits the disclosure of Unclassif ed $ategierde information (42 UAC. 2167),

i 47 The withheld enformaten is a trade escret or commercial or fmancial enformaten that is bemg withheld for the ressantal indsosted. (taemption 4)

The enformeten as cons +dered to to cor.fidentie' buemoso tproprotoryl information The enformetson is considered to tg proprietary information pursuant to 10 Cf R 2 790tdHil The mformaten was oubmnted and re.eived en confidence pursuant to 10 Cf R 2 790 ldh 21 l the methheld mfurmaten consists of mterogency n mtrengency records that are not eveilab6e through d4tovery durmg hbgaien (E nemption bl, Apphcable Prtvilege:

~'Deliberat*ve Process Dist.nosure of predecisionet enformaten would tend to mhrbit the open and frank eschange of edeas essentiel to the dobberative prot oss Where recorde are withheld m thew entirety, the lects are enestrec at ly intertwmed with the predeptional enformatitm There sist,. are no reasonably segregable lectual portsune because the re6 ease of the f acts would permit en mdirect mouiry mte the predecisenet process of the agency Attorney work product privdege (Documents peepared by an ettorney m contemptation of litigatmn i Attorneythent privilege. (Confidenbat commumcatrons between an ettomey and his/her chertt.)

6. The withheld informaten se enempted from public disclosure because its disclotusa would result m a clearly unwortsraed mvasion of gersonal pnvecy (E memption 6)

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7. The withheld enformaten consists of records compded for law enfortement purposes and is being withhold for the reasontal indicated (E sempthn 71 Disclosure could reasonably be expected to int.erfste with an enforcement proceedmg because 11 could reveal the scope. direction. and focus of enforcement ettorts. and thus could possibiv e low recipients to tahe action to shield potential weonytnmg or a ecolation of NRC requirements X

from mves[igatort (E semption 7 (All Distlosure would constitute en unwarranted mvesion of personal provocy. (Enemption 7lCs)

The mformation consists of names of p@viduals and other mformateon the disclosure of whsth could reasonably be espec:ed to revealidentities of confidential sources. (E nemption 7 (Dil OT HL F4

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l PART N. C-DENYING OFFICIALS I duction or declosure, and that its production or d eclosure is conteary t Pursuant to 10 CF R 9 7t (b) end'or 9 25(cl of the U S Nuclear Reguletory Comm ision regulat.ons, it has beer tetermined that the mformat on withheld is esempt from pro off.cials and the Director, Div&on of F reedom of informaten and Pubhcatens Services. Of f ce of Adm nisteation, for any denials that may be appesied to the f secutive Director for Operatens (I DO) l OtNVING OFFICi%L Tiiti rOF FICE RECORDS DENIED APPELLATE Of FICIAL I

Regional Admihlstrator Tm smaar o

Luis A. Reyes RII Appendix A X

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l PAR 7 N. D-APPEAL RIGHTS

' the d.n..i by.ach eenym. oeficiai.d.ni.f ed m P.ri ii.C may to.poea<ed io in. Appensie Ott,c,si ideni.f.en i,.,e. Any sucn appesi mu i b. made in wr.iing withm ao day, o, ecee r

of this response. Apposts must be addressed. as appropriate, to the E mecutive D> rector for Operations. to the Secretary of the Commission, or to the inspector Generai U.S. Nucier neguistory Commissen, weshmeton. DC 70566. and should cieeriv state on the eavoinoe end m the letter that it is an " Appesi from en inrtial FOI A Decis.on."

NRC FORM 484 (Part 2)(1911 U.S. NUCLEAR REGULATORY COMMISSION

FOIA 97 461 APPENDIX A RECORD BEING WITHHELD IN PART tKL DAIE DESCRIPTIONI(PAGE8VEXEMPTIONS 1.

02/07/98 St. Lucie 1 By Allegation,1/1/92 Through 11/25/97 (31 pages)

EXEMPTIONS 7A and 7C 1

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