ML20205K774
| ML20205K774 | |
| Person / Time | |
|---|---|
| Issue date: | 04/09/1999 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Foster J AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20205K777 | List: |
| References | |
| FOIA-98-361 NUDOCS 9904140011 | |
| Download: ML20205K774 (4) | |
Text
FM U .S. NUCLEAR REGULATORY COMMISSION PULA/VA RESPONSE NUMBER 6 +RC -s FQRM 464 P rt i glA p O Cf g#,, % 98-361 2 RESPONSE TO FREEDOM OF f
INFORMATION ACT (FOIA) / PRIVACY RESPONSE - ^
ACT (PA) REQUEST TYPE d-k* , . .
- j REQUESTER DATE Mr. James Foster APIf 09 rggt; PART E-INFORMATION RELEASED
(( No additional agency records aubject to the request haver been located.
I- ~ Requested records are available throtah another public distribt. tion program. See Comments section.
p [ APPENDICES ~ Agency records subject to the request that are identified in the listed appendices are already available for i public inspection and copying at the NRC Public Document Room.
^
y" fPENOlcE Agency records subject to the request that are identified in the listed appendices are being made available for L c,n pubiic inspection and copying at the NRC Public Document Room.
r ~' Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public L_J Document Room 2120 L Street, NW, Washington, DC.
,~- APPENDICES ~~
! I i Agency records subject to the request are enclosed.
E ~ Records sdj~ect 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.
~
Q We are continuing to process your request.
' - ~ See Comments.
PAP.T l.A - FEES AMoVNT* ~ ' ~ ~ You will be billed by NRC for the amount listed. ~~ isone. Minimum fee threshold not met.
I You will receive a refund for the amount listed. Fees waived.
- see conwnents
'or cetans
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PART 1.B INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
-- No agency records su:;just 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 '
g- de 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, g- Washeigton, DC 20555-0001. Clearly state on the e: velope and in the letter that it is a "FOIA/PA Appeal."
PART 1.C COMMENTS (Use attached Comments continuation page if required)
O I
$K, NATURE . F REEDOM oF INFoRMAllON ACT D PRIV ACI DF FICE Russel belf \
r N RECYCLED PAPER This form wms designed using informs 9904140011 990409 PDR FOIA FOSTER 98-391 PDR ,
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NRC FORM 464 Put ll
, I l U.S. NUCLEAR REGULATORY COMMISSION FOlA/PA DATE I 7ESPONSE TO FREEDOM OF INFORMATION I 98-361 M M 499 ACT (FOIA) / PRIVACY ACT (PA) REQUEST l l
. APPEND ES __1 PART ll.A - APPLICABLE EXEMPTIONS 1 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))
--~ l Exe.npton 1: The withheld information is properly chssified pursuant to Executive Order 12958.
] Exemption 2: The withheld infemiation relates solely to the intemal personnel rules and procedures of NRC.
F~ Exemption 3: The withheld informahon is specsfically exampted 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
-- 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 proposal.
[ Exemption 4- The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated.
~ The information is considered to be confidential business (proprietary) information.
f 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 2.790M)(1).
] The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
m Exemption 5: The withheld inftrmation consists of interagency or intraagency records that are not available through discovery dunng litigation. Apphcable pnvileges.
- Deliberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the
- deliberative process. Where records are withheld in their entsrety, the facts are inextricably intertwined with the predecisional information. There also are no reasonably segregable factual portions trocause 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 htigation)
Attomey-chent pnvilege. (Confidential communications between an attorney and his/her cheht)
J ixemption 6: The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly 1 unwarranted invasion of personal privacy.
Exemption 7: The withheld information consists of records compiled for law enforcement purposes aM ng withheld for the reason (s) indicated.
Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g., it would reveal the scope, directior., and
~ (A) focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a viol NRC requirements from investigators).
- (C) Disclosure wouid constitute an unwarranted invasion of personal privacy.
- (D) The information msists of names of individuals and other information the disclosure of which could reasonably be expected to reveal identities of comidential sources.
~ (E) Disclosure would reveal techniques and procedures for law enforcement invesbgations or prosecutions, or guidelines that could reasonably be expect 3d to risk circumvention of the law.
. (F) Disclosure could reasonably be expected to endanger the hfe or physical safety of an individual.
] 3THER (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 thit the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denids that may be appealed to the Executive Direc+or for Operations (EDO).
DENYING OFFICIAL TITLE / OFFICE DirectR Office ofIndstigations ~- Appendix D-RECORDS DENIED 2[ ~~
$Q ~
GIy Caputo 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. Nucleer Regulatory Commission Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should cleIrly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 464 Part il (61998) PRINTED ON RECYCLED PAPER This form was 5esgned using informs
m %
l Re: FOIA/PA-98-361 ,
APPENDIX C RECORDS BEING RELEASED IN THElR ENTIRETY l NO. DATE DESCRIPTION #PAGE COUNT) l
- 1. Undated Draft letter to J. Barber, OPM, from P. Bird. OP, re: Listing of Agency Primary and Secondary Law Enforcement Officers (Att.-cover sheet (2 pages)
- 2. 01/21/88 Note to P. Schofield, 01, from S. Dickerson, OP, re: Final Regulations for Law Enforcement Personnel (2 pages)
- 3. 06/21/88 Letter to J. Barber, OPM, from Chairman Zech, re: Listing of Agency Primary and Secondary Law Enforcement Officers (2 pages)
- 4. 09/08/89 All Employee Announcement #144 from P. Bird, OP,
Subject:
Credit for Past Service as a Law Enforcement Officer and Firef!;hter (Att.-
Explanation of Policy)(3 pages) l i
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.w l Re: FOIA/PA-98-361 l
APPENDIX D RECORDS BEING WITHHELD IN PART llA DATE D2SCRIPTION/(PAGE COUNT)/ EXEMPTIONS
- 1. Undated Typewritten Note Regarding 6c Coverage for 1811's Prior to 7/19/82 (1 page) EX. 6
- 2. Undated Handwritten note to an Individual from R. Pine, OP, (Atts.-Position l
Descriptions for Investigators) (7 pages) EX. 6
- 3. 10/04/89 Letter to an Individual, from Director,01,
Subject:
Reconsideration of Past NRC Service (2 pages) EX. 6
- 4. 08/28/91 Memo for P. Bird, OP, from Director,01,
Subject:
Request for Waiver to Agency Policy of Maximum Entry Age for 1811 Series investigators ;
Regarding Special Law Enforcement Retirement Coverage (2 pages) EX. I 6
l 5. 11/21/91 Letter to W. Klinger, OPM, from Of empisyee,
Subject:
Reconsideration of l Past Service (1 page) EX. 6 l
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l FQlA - FOlA REQUEST FOR DOCUMENTS REl.ATiVE TO SEl31ES 18.11,CLASSlHCATION Page1j From:
Date: Tue, Sep 29,199811:36 AM
Subject:
FOIA REQUEST FOR DOCUMENTS RELATIVE TO SERIES 1811 CLASSIFICATION Russel A. Powell, or Freedom of Information Act personnel-FGi/PAREQUEST This is a FOIA request for agency documents as follows: . --
- 1. Agency documents related to the origional classification of 3,. . fr#/ --
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~~
individuals in the NRC Office of Investigations as series 1811
" Criminal Investigator". These documents would most likely be in the IYAMIL ---
Office of Human Resources files, dated during the years 1979-1981.
- 2. Agency documents relative to a grievance filed by (and possibly others) rotativa to his desire to change his senes classification to series 1811. These documents would most likely be in the Office of Human Resources files, dated 1979-1981.
- 3. Any agency documents relative to reviews of the classification (s) of individuals in the Office of Investigations by agencies other than the NRC (such as OPM, GAO, etc.). These files would most likely be in the files of the Office of Human Resources, dated 1979-1998.
Thank You, Mmes E. Foster
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[oa uc ,*'o UNITED STATES
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- NUCLEAR REGULATORY COMMISSION
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{ ; WASHINGTON. D. C. 20555 JUN 211988
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l I CHAIRM AN Ms. Jean Barber
! Associate Director for Retirement and Insurance , , .
Office of Personnel Management 1900 E Street, NW Room 4A10 Washington, D.C. 20415
Dear Ms. Barber:
Pursuant to FPM Bulletin 842-3, the Agency has officially determined that its law enforcement positions are covered under the special retirement provisions of the new Federal Employees Retirement System (FERS). ,
In support of this decision, the Agency has established a maximum entry age of 35 for initial appointment to a law enforcement position. In addition, every investigator is required to undergo a pre-employment medical examination and en annual examination thereafter.
As required, below is a list of the Agency's primary ano secondary law enforcement positions and the number of present incumbents.
POSITION TITLES NUMBER OF INCUMBENTS I. Office of Investications (01) Total (.3)
Director. 01, SES-1811 (1)
Deputy Director, 01, SES-1811 (1)
Assistant to the Director, GG-1811-15 (1) i Sr. Investigator (0 prs. Officer), GG-1811-14 (3)
Director, 01 Field Office, GG-1811-15 (5) i l Sr. Investigator (Task Leader), GG-1811-14 (6) '
Investigator, GG-1811-7 thru 13 (16)
II. Office of Inspector & Auditor (OIA) Total (8)
- Director, OIA, SES-1811 (1)
- Deputy Director, OIA, SES-1811 (1)
Assistant to the Director. 01A, GG-1811-15 (1)
Assistant Director for Investigations, 3G-1811-15 (1) l Sr. Criminal Investigator, GG-1811-14 (vacant) '
Criminal Investigator, GG-1811-7 thru 13 (4)
- These two positions are considered interdisciplinary in that individuals with a background in investigations or auditing meet the basic qualifications. We seek coverage when we have hired the individual because of a requirement for a criminal investigations background.
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l If you have questions pertaining to this matter please call Michael J. Fox, Chief, Recruitment, Staffing and Position Evaluation, Office of Personnel on 492-8260.
Sincerely, da<e tv. A.
Lando W. Zech, r, 1
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