ML20206S836
| ML20206S836 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 05/20/1999 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Savage J MORGAN, LEWIS & BOCKIUS |
| Shared Package | |
| ML20206S841 | List: |
| References | |
| FOIA-99-143 NUDOCS 9905240015 | |
| Download: ML20206S836 (3) | |
Text
NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION t-UIAIVA RESPONSE NUMBER (6 1990)/**'99-143 1
\\
i RESPONSE TO FREEDOM OF a
S INFORMATION ACT(FOIA)/ PRIVACY
RESPONSE
k h
ACT (PA) REQUEST TYPE
- ...+
REQutSTER DATE James Savage U20E PART 1. -lNFORMATION RELEASED i
^
No additional agency records subject to the request have been located.
]
Requested records are available through another public distribution program. See Comments section.
~]
, 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.
yJ ( APPENDICES " Agency records subject to the request that are identified in the listed appendices are being made available for A
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 rfecords located at the NRC Public Document Room,2120 L Street, NW, Washington. DC.
1 APPENDICES I
d~
Agency records subject to the request are enclosed.
A 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.
We are continuing to process your request.
See Comments.
PART 1.A - FEES AuoONT * ~
You will be billed by NRC for the amount listed.
None. Minimum fee threshold not met.
172.02 You will receive a refund for the amount listed.
Fees waived.
nis'
- sge 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 ll.
This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, g Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."
PART l.C COMMENTS (Use attached Comments continuation page if required)
The fees for processing your request are as follows:
Se:rch:
$ 9.30 Review:
147.72 Duplication:
15.00 Total:
$172.02 7
\\
h s
bl:N
. LLOC
- NFQHMAIlON AGI AND PHIVACY ACI OF F ILLH Russe b
9905240015 990520 PDR FOIA SAVAGE 99-143 PDR NIC FORM 464 Part 1 (6-1998)
PRINTED ON RECYCLED PAPER This form was designed using Informs
._..._)
r f
NRC FORM 464 Partil U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE 7ESPONSE TO FREEDOM OF INFORMATION N
M20m ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS
' APPENDICES] Records subject to the request that are desenbed in the enclosed Apperdices are being withheld in their entirety or in part under A
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)).
{ Exemption 1: The withheld information is property classified pursuant to Executive Order 12958.
{} Exereption 2: The withheld information relates solely to the internal personnet 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 -J 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. n Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) L indicated. ] The information is considered to be confidential business (propnetary) information. - The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and L 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). Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng l htigation. Applicable privileges: j u Dehberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the dehberative process. Where records are withheld in their entirety, ions because the release of the facts would permit an ind the facts are inextncably intertwined with the predecisional information. There also are no reasonably segregable factual port into the predecisional process of the agency. Attorney work-product pnvilege. (Documents prepared by an attorney in contemplation of litigation) Attomey-client privilege. (Confidential communications between an attorney and his/her client) ~~ ~ Exemption 6: The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy. Q 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 world 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 i NRC requirements from investigators). y (C) Disclosure would conshtute 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 l 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 (Specify) FART 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 th*t the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public intirest. The person responsible for the dental are those officials identified below as denying officials and the FOlA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO). [I'Ab?' DEINEING OEFICIAL ~ ~ ~ TITLE / OFFICE RECORDS DENIED s Czy P. Caputo Director,0ffice of insestigations ' ~ ~ Appendix ~ A' ' ~' - ~~ ~ ~. Adeal must b5 made'in writing within 30 days of' receipt of this response.' Appeals should 'be maile'd to the FOIA/ Privacy 'Act Officer, U.S. Nuclear Repiatory 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 11 (61998) PRINTED ON RECYCLED PAPER This form was desgned using informs 1
r~ l l Re: FOlA-99-143 l APPENDIX A RECORD BEING WITHHELD IN PART
- N_Q, DATE DESCRIPTION #PAGE COUNTVEXEMPTIONS 1.
04/18/95 Office of Investigations' Report of Investigation, Case No.1-93-047R, entitled, Millstone Unit 1: Alleged Harassment, l Intimidation and Discrimination. (75 pages) EX. 7(C) ) l 1 l l l}}