ML20203G582

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Second Final Response to FOIA Request for Documents. Documents Listed in App C Being Released in Entirety. Documents Listed in App D Being Withheld in Part (Ref FOIA Exemption 5)
ML20203G582
Person / Time
Site: Susquehanna  Talen Energy icon.png
Issue date: 02/17/1999
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Sorensen J
AFFILIATION NOT ASSIGNED
Shared Package
ML20203G588 List:
References
FOIA-99-36 NUDOCS 9902190374
Download: ML20203G582 (4)
v • d • e


Text

NRC FORM 464 Pirt i U.S. NUCLEAR REGULATORY COMMISSION 1- UI All'A t.EsPoNsE NuCER m

/*"' 4 99-036 2

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s a  %, RESPONSE TO FREEDOM OF

=

J INFORMATION ACT(FOIA)/ PRIVACY RESPONSE k*e,<*/ ACT (PA) R.EQUEST TYPE d REQUESTER DATE Mr. John Sorensen b Ii iS88 PART 4. -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.

-- ' APPENDICE S- 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.

IAPPENolCEs~ ~ ~ Agency records subject to the request that are identified in the listed appendices are being made available for C,D ' public inspection and copying at the NRC Public Document Room. ,

R nclosed 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.

s APPENDICES

d- p Agency records subject to the request are enclosed.

~ ' Records subject to the ry.4uest that contain information originated by or of interest to another Federal agency have been

] - referred to that agerr, (see comments section) for a discloi.n. e determination and direct response to you.

i ~ We are coni ,uing to process your request.

u y See Comments.

PART l.A - FEES ~'

, ~AuouNT * ~ ~ ~ you will be billed by NRC for the amount listed. done. Minimum fee threshold not met.

I You will receive a refun' 5e amount listed. ~~ Fees waived.

-~ ~

  • see comments for details PART l.B -INFORMATION NOT LOCATED OR WITHHRD 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 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. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."

l PART 1.C COMMENTS (Use attached Comments continuation page if required) lF EES:

Ripro - 284 pages less 100 free pages = 184 pages @ S.20 per page = S36.80 Advance Payment = $36.80 77Al"/,

b4 i ,k.IF 1DOMOF4NFOH . ACI AND PRIVACY ACI QF > "ET<

R sell A. P mell 9902190374 990217

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PDR FOIA I SuRENSEN99-36 PDR NRC FORM 464 Part 1 (61996) PRINTED oN RECYCLED PAPER This form was designed using informs O)b O l

t NRC FORM 464 Pat u U.S. NUCLEAR REGULATORY COMM!SSION FOIA/PA DATE

= 7ESPONSE TO FREEDOM OF INFORMATION gg j y g l* ACT (FOIA) / PRIVACY ACT (PA) REQUEST l

.APMND ES _ PART ll.A - APPLICABLE EXEMPTIONS Records subject to the request that are desenbed 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 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 ts specifically exempted from public disclosure by statute indicated.

- Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restricted Data (42 U S C.

2161-2165).

Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclass;fied 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 submstter of the proposal.

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

~ The information is considered to be confidential business (proprietary) information.

Z The information is considered to be propnetary because it concems a licensee's or applicant's physical protection or material control and accounting program for special nuclear material 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).

3 Exemption 5 The withheld information consists of interagency or intraagency records that are not available through discovery during L litigation. Applicable privileges:

y Deliberative process
Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas escentia! to the 1 deliberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional information. There also are no reasonably segregable factual portions because the release of the facts would perrnit an indirect inquiry into the predecisional process of the agency.

~~

Attomey work-product pnvilege. (Documents prepared by an attorney in contemplation of litigation)

Attomey-client pnvilege. (Confidential communications between an attorney and his/her clent)

Exemption 6: The withheld information is exemptad from public disclosure because its disclosure would result in a clearly unwarranted 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, 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 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 (Spec.fy)

PART 11.8 - 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 int:rrst. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any deniils that may be appealed to the Executive Director for Operations (EDO).

[ [cyoFricmL

~ ~

- DU55U - ~ ^ ~ - ~ ~ TITLE / OFFICE RECORDS DENIED

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UubeitUliller Regional Administration, Region l ~~ ~ - ~ ~

1 . - _ _ . - - . - - . - _ . - - - _ - - . .. .-. .- . _ _ _

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~ ~ ~ ~ ~ ~

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Ap0eAl must be made iniriting within 30 days of receipt'of'this response. App'eals'shouidI)e mailed to the FOl5 Privacy ct' Officer, U.S. Nuclear Regulatory Commission Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should clurly state on the envelope and letter that it is a "FOIA/PA Appeal?

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

7 i b

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Re: FOlA/PA-99-036 t APPENDIX C RECORDS BEING RELEASED IN THEIR ENTIRETY M DATE DESCRIPTIONHPAGE COUNT)

1. 12/01/97 Letter to K. Logan from M. F. Urban (1 page)
2. 12/04/97 Letter to K. Logan from R. G. Byram with attached affidavit (3 pages) <
3. 01/26/98 Letter to K. Logan from R. G. Byram with attached affidavit (3 -

pages)'

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. _ _- .-. _. . -... . . . ~ . . . . . . . . . . . - . - . . - _ . . - . ._

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Re: FOlA/PA-99-036 APPENDlX D RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 03/31/98 EA Request & Enforcement Strategy Form (7 pages withheld; 1 page released) EX. 5

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, f6Is - Request for documents Page1j o C836 b 3b Date: Wed, Nov 4,1998 7:43 AM gg jf f fg

Subject:

Request for documents gg pg ,j)

Good moming, WM 0%.W _ , . ,_79 cR //. 7 j I

l would like to request the following information:

the same documents as stated in FOIAfPA 98-247, including appendix A, Ex. 7 and Ex. 7A. l l was told this investigation was complete and the documents are now available Thank you.

Phone:

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& S 54 lb T l \ ('

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