ML20202J238

Second Partial Response to FOIA Request for Documents. Forwards Documents Listed in App B Being Released in Part (Ref FOIA Exemption 4)

ML20202J238
Person / Time
Issue date:	02/03/1999
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Roberts G INTERSTATE NUCLEAR SERVICES CORP. DBA INS CORP.
Shared Package
ML20202J242	List: ML20202J238
References
FOIA-99-2 NUDOCS 9902090075
Download: ML20202J238 (3)

Text

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!O NRC FORM 464 Part \/ U.S. NUCLEAR REGULATORY COMMISSION P UIAIVA RESPONSE NUMBER

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<emo f"'% QO 99-002 2 l # , RESPONSE TO FREEDOM OF 5

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' h INFORMATION ACT(FOlA)/ PRIVACY RESPONSE AL g--

ACT (PA) REQUEST TYPE k*es<*/

REQuEsIER oATE Mr. Glenn Roberts @ I 3 9!lli PART l. -INFORMATION RELEASED l

~~ No additional agency records subject to the request have been located.

Requested records are available through another public distribution program. See Comments section.  ;

l ' * ~ APPENDICES

' 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 Document Room.

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l 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 Public Document Room.

Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public

- Document Room,2120 L Street, NW, Washington, DC.

d 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 g We are continuing to process your request.

] See Comments.

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PART l.A - FEES m oONT'* ~ ~ ~ ~ ~ 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.

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PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.

~ 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.

~~~~ 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." l PART l.C COMMENTS (Use attached Comments continuation page if required)

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54NAtust .f RELOOM OF INFORMAIlON AGr AND PRIVACY AGI OFF4tR Russell A'. PYw[Il /

9902090075 990203 PDR FOIA ll _

ROBERTS 99-2 PDR

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NRC FORM 464 Part 1 (61998) PRINTED ON RECYCLED PAPER This form was designed using informs 0 0h S 4 i

C NRC FORM 464 Part il U.S. NUCLEAR REGULATORY COMMISSION FOlA/PA DATE l

I 7ESPONSE TO FREEDOM OF INFORMATION FEB 0 3 m l ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS APPENolcES~ ~ Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under 11 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-

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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 public disclosure by statute indicated.

Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (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 L 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 propsal.

g Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s)

L indicated Q The information is considered to be confidential business (proprietary) information.

The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control ar.r;

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accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).

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The information 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 available through discovery during litigation. Applicable privileges:

Deliberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the

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I deliberative 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 attorney in contemplation of litigation)

Attomey-chent pnvilege. (Confidential communications between an attomey and his/her client)

Exemption 6: The withheld information as exempted from pubine 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, Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g., it would reveal the scope, direction, and

- (A) focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violatl NRC requirements from investigators).

(C) Disclosure would constitute an unwarranted invasion of personal privacy. l

• (D) The information consists of names ofindividuals and other information the d:Sciosure of which could reasonably be expected to reveal identities of confidential sources.

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- (E) Disclosure would reveal techniques and pro;edures 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.

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THER (Specify)

PART ll.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 that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public intrest. The person resporuible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any dmials that may be appea?ed to the Executive Director for Operations (EDO).

DENEING OEFICIAL - TI'TLE/ OFFICE RECORDS DE'NIED ((.EyECY l

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liuberi1Uiiler ' Regional Administrator RI' ' App,B

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Appeaf rnudbe'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 clarly state on the envelope and letter that it is a "FOIA/PA Appeal."

NRC FORM 464 Part il (6-1998) PRINTED ON RECYCLED PAPER This form was designed using inf orms

l Re: FOIA-99-002 APPENDIX B DOCUMENTS BEING RELEASED IN PART NUMBER DATE DESCRIPTION

1. '10/17/96 ETI-NRC296. DOC, Rev. 0 - Operation and Calibration Eberline Model RM-20 Radiation Monitor for Use with GM Probe, (9 pgs.). - P O R T I O N S E X . 4 2.' 10/17/96 ETI-NRC396. DOC, Rev. 0 - Operation and Calibration of the Eberline Model RM-14S for Use with GM Probe, (13 pgs.).- PORTIONS E X. 4

' 3. 11/21/97 ETI-NRC1205. Doc, Rev. 0 - Operation and Calibration of the Eberline Model RM-14SA (with External Background Subtraction Switch) for Use with GM Probe, (21 pgs.) - E X. 4

4. . 11/21/97 ETI-NRC1204. DOC, Rev 0 - Operation and Calibration Eberline Model RM-20 Radiation Monitor for Use in ARLM, (9 pgs.).- PORTIONS EX. 4

5. 11/21/97 ETI-NRC1203. DOC, Rev 0 - Operation and Calibration of the Automated Radioactive Laundry Monitor Single and Dual Size Detector Design,(9 pgs.).- PORTIONS EX. 4

6. 11/21/97 ETI-NRC1200. DOC, Rev 0 - Operation of the Automated Radioactive Laundry Monitor Single and Dual Size

- Detector Design, (9 pgs.).- PORTIONS E X. 4 7 11/21/97 ETI-NRCCP12. DOC, Rev. 0 - Operation and Calibration of the Eberline Model RM-14S for Use in ARLM, (12 pgs.). - E X. 4

8. - 11/21/97 ETI-NRC1296. DOC, Rev. 0 - Operation and Calibration of the Eberline Model RM-14SA (with External Background Subtractico Switch) for Use in AP.LM, (21 pgs.). - PO RT I O N S E X . 4

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11/21/97 ETI Decommission Funding Plan - Cost Estimate, (8 pgs.).

PORTIONS EX. 4 i

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