ML20205N685
| ML20205N685 | |
| Person / Time | |
|---|---|
| Issue date: | 04/15/1999 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Foster J AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20205N689 | List: |
| References | |
| FOIA-98-361 NUDOCS 9904190080 | |
| Download: ML20205N685 (4) | |
Text
NRC FORM 444 Part i
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U.S. NUCLEAR REGULA TORY COMMISSION t UIAWA RESPONSE NuMBE.1 tus98) f * ' '* % g g D 98-361 3
y RESPONSE TO FREEDOM OF ag INFORMATION ACT (FOlA) / PRIVACY
RESPONSE
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ACT (PA) REQUEST TYPE RtuutSTLR DATE Wh 15 nu Mr. James Foster PART 1. -INFORMATION RELEASED No additional agency recolds subject to the request have been located.
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Requested records are available through another public distribution program. See Comments section.
_. IAPPENDICEs j--
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.
Q1 ( APPENDICES R Agency records subject to the request that are identified in the listed appendices are being made avail l _E, F ] 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.
' APPENDICES "
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, Agency records subject to the request are enclosed.
Reco'r'ds subjbet to the request that contain information originated by or of interest to another Federal agency have been
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referred to that agency (see comments section) for a disclosure determination and direct response to you.
We are continuing to process your request.
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See Comments.
PART 1.A - FEES Amount * ~
You will be billed by NRC for the. T>ount listed.
Q None. Minimum fee thre. hold not met.
4 You will receive a refund for the amount listed.
Fees waived.
g-PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.
g Certain information in the requested records is being withheld from disclosure pursuant to the exemptions desenbed in and for the reasons stated iri Part ll.
g This determination may be appealed within 30 days by wnting 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 "
PART 1.C COMMENTS (Use attached Comments continuation page if required) l
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l>4.,NATU4L -IkELDOM OF ;NFOHMAIsON AC1 AND P4ivACY AC1 Of fic _k e
r (ussell A. Powell a
M 9904190000 990415 PDR FOIA FOSTER 98-361 PDR NRC FORM 464 Part 1 (61998)
PRINTED ON RECYCLED PAPER
. This form was desgned usmg informs ff$Wf$0
NRC FORM 464 Part H U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE I
7ESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS
, APPEND ES_
Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under
! _._.__ _ _ 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)).
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Exemption'1: The withheld information is properly classified pursuant to Executive Order 12958.
Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.
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Exemption 3: The withheld information is specifically exempted from pubhc disclosure by statute indicated.
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).
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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 contC f an executive agency to any person under section 552 of Title 5, U.S.C. (the FOIA), except when incorporated into the contrr4 etween 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) andicated.
The information is considered to be confidential business (propnetary) information.
The infortnation is considered to be propnetary because it concems a heensee's or apphcant'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).
Exemption 5. The withheld information consists of interagency or intraagency records that are not available through discovery during htigation. Apphcable pnvileges.
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Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the dehberative process. Where records are withheld in their entirety. the facts are inextncably intertwined with the predecisional 6nformanun 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.
Attorney work-product pnvilege (Documents prepared by an attorney in contemplaition of htigation)
Attomey-chent pnvilege (Confidential communications between an attomey and his/her chent) y Exc mption 6-The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearty 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 (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 a!Iow 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 adentities of confidential sources.
(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidehnes that could reasonably be expected to nsk circumvention of the law.
(F) Disclosure could reasonably be expected to endanger the hfe or physical safety of an individual.
OTHER (Specify)
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 that the information withheld is exempt from production cr disciosure, and that its production or disclosure is contrary to the public intsrest. The person responsible for the dental are those officials identified below as denying officials and the FOIA/PA Officer for any d$nds. that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLEiOFFICE R5dORDS DUNIED h077
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pj flird Director.OfUce oHIuman Resourses
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ppeal must be made in wnbng vnthin 30 days of ' receipt of this response. ' dp~ peals sho'uld Eoinaiied to the FOIA/PrEMyXct Offder,
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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 *FOLA/PA Appeal."
NRC FORM 464 Part H (6-1998)
PRIN RED ON RECYctED PAPER This form was designed using inf orms
l Y
Re: FOlA/PA-98-361 APPENDIX E RECORDS BEING RELEASED IN THElR ENTIRETY NO.
DATE DESCRIPTION 4PAGE COUNT) 1.
03/06/84 Draft Letter to Mr. Arrington, OPM, from P. Bird, OP, re: Coverage for 1811 Investigators, (Att.-Fax Cover Sheet to P. Schofield,' 01 from S.
Dickerson, OP)(4 pages) 2.
12/20/85 Letter to N. Wolf, OPM, from N. Bentson, OP, re: Three Position Descriptions, (Attached) (14 pages)
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Re: FOIA/PA-98-361 APPENDIX F RECORDS BEING WITHHELD IN PART NO.
DATE DESCRIPTION #PAGE COUNT)/ EXEMPTIONS 1.
11/08/83 Memorandum for B. Hayes,01, from S. Dickerson, OP, re: Special Provisions for Retirement of Law Enforcement Officers, (Att.-Federal Personnel Manual 831-1 Subchapters 8 and 16) (4 pages) EX. 6 2.
08/15/91 Memorandum for W. Hutchison, 01, from M. Fox; OP,
Subject:
Request for Waiver to Agency Policy of Maximum Entry Age for 1811 Series Investigators Regarding Special Law Enforcement Retirement Coverage (Encl.-Draft memo for P Bird, OP, from Director,01) (5 pages) EX. 6
7QlA - FOIA REQUESi FOR UULUMqrgid escLM iuc j v gG. ce io, pe ~~ ~w r
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From:
To:
FN DO.t
_po(FOIA)
Date:
Tue, Sep 29,199811:36 AM
Subject:
FOIA REQUES1 FOR DOCUMENTS RELATIVE TO SERIES 1811 CLASSIFICATION Russel A. Powell, or Freedom of Information Act personnel.
FMPAREQUEST This is a FOIA request for agency documents as follows:
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- 1. Agency documents related to the origional classification of
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3 Individuals in the NRC Office of Investigations as series 1811,
' Criminal Investigator". These documents would most likely be in the EGl'MtC'dC Office of Human Resources files, dated during the years 1979-1981.
- 2. Agency documents relative to a grievance filed by (and possibly others) relative to his desire to chan0e 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 j
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