ML20207G156
| ML20207G156 | |
| Person / Time | |
|---|---|
| Issue date: | 06/10/1999 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Liaw J WINSTON & STRAWN |
| Shared Package | |
| ML20207G161 | List: |
| References | |
| FOIA-99-218 NUDOCS 9906110042 | |
| Download: ML20207G156 (3) | |
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NRC FORM 464 Part i Q
U.S. NUCLEAR REGULATORY COMMISSION P UIAIPA G,EsPoNsE NUMBER f " % a 1do O
99-218 1
RESPONSE TO FREEDOM OF h
INFORMATION ACT(FOIA)/ PRIVACY I
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ACT (PA) REQUEST TYPE d-
RESPONSE
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REQUESTER DATE Jean Liaw m 10 m PART l. -INFORMATION RELEASED r-No additional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments section.
{ APPENDICES i Agency records subject to the request that are identified in the listed appendices are already available for l
public inspection and copying at the NRC Public Document Room.
j-- TAPPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for
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public inspection and copying at the NRC Public Document Room.
R 'Enciosedis iriformation on how you may obtain access to and the charges for copying records located at the N'tC Public Document Room,2120 L Street, NW, Washington, DC.
-._ APPENDICES ~
Agency records subject to the request are enclosed.
~~ 'Ricoids sdbject to the request that contain informatson 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 l
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You will receive a refund for the amount listed.
~~ Fees waived.
. seeynts
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PART l.B -INFORMATION NOT LOCATED CR WITHHELD FROM DISCLOSURE I
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- No agency records subject to the request have been located.
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g~ - the reasons stated in Part II.Certain information in the requested records is being w thheld from disclosure pursua y-Washington, DC 20555-0001.This determination may be appealed within 30 days by writing to the FOIA/PA O Clearly Ftata on the envelope and in the letter that it is a "FOIA/PA Appeal."
PART 4.C CCMMENTS (ljse attached Comments continuation page if required) l SsGNATURE t REEDOM OF INF MAllON ACI A DP VAGf AGI M FIGtH
[p>-pf Wu: sell A. Powell v
9906110042 990610 PDR FOIA LIAW99-218 PDR NRC FORM 464 Part 1 (6-1**+8)
PRINTED ON RECYCLED PAPEN This form was desgined own Warm
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NRC FORM 464 Part ll U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA OME TSPONSE TO FREEDOM OF INFORMATION ACT (FOlA) / PRIVACY ACT (PA) REQUEST 99-218 MIOm 7 APPEND ES.__,
PART ll.A - APPLICABLE EXEMPTIONS i
the Exemption Nofs) of the PA and/or the FOIA as indicated below (5 U i
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] Exemption t The withheld information is property classifed pursuant to Executive Order 12958.
] 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.
p Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Res J
2161-2165).
] Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassifed Safeguards inform p-s 41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and executive agency to any person under section 552 of Title 5 U.S.C. (the FO!A), except when incorporated into the
. agency and the submitter of the proposal.
e p Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld fo indicated.
] The information is considered to be confidential business (proprietary) information.
The information is considered to be propnetary because it concems a licensee's or applicant's physical protect{
r' accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).
d The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
y; Exemption 5: The withheld information consists of interagency or intraagency records that are not availabl htigation. Applicable privileges:
dehberative process Where records are withheld in their entirety, the facts are in information. There also are no reasonably se I
into the predecisional process of the agency. gregable factual portions because the release of the facts would permit an indirect inquiry
[] Attomey work-product privilege. (Documents prepared by ar, attorney in contemplation of htigation) i
~~ g Attomey-client privilege. (Confidential communications between an attorney and his/her chent)
Exemption 6: The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.
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Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withhe L --
indicated.
(A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g., it would reveal the sc
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focus of enforcement efforts, and thus could possibly allow recipants to take action to shield potential wrongdoing or NRC requirements from investigators).
- (C) Disclos9re would constitute an unwarranted invasion of personal privacy.
- (D) The information consists of names of individuals and other information the disclosure of which could reasonably be exp identities of confidential sources.
~ ~ (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidehnes tha reasonably be expected to risk circumvention of the law,
~ (F) Disclosure covN reasonably be expected to endanger the hfe or physical safety of an individual.
[ OTHER (Specify) 3 PART ll.B - DENYING OFFICIALS Pursuant to if CFR 9.25(g),9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determi hLt the infarrr.ation withheld is exempt frorn production or disclosure, and that its production or disclosure is contr t
intMst. The person responsible for the denial are those officials identified below as denying efficials and the FOIA/
denills that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED
@Yefe Sudy M.Joosten
" Executive ~ Assistant, SECF "-~ ~ ~ ~ ~ ~ ~ ~ Appendix ~A'~ ~ ~ -
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1 ppeal must be made'iniriting wittiin 3d~ dais 5 rec'eipt of this respoAsEAppeafs'should be malledio th'e"FOi / Privac
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U.S. Nuclear Regulatory Commission, Washington, DC 20555-000t for action by the appropriate appellate official (s). You s clearly state on the envelope and letter that it is a "FOIA/PA Appeal?
l-NRC FORM 464 Part 11 (61998)
PRINTED ON HECYCLED PAPER I
This form was ces#gned using inF orrns
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FOIA-99-218 APPENDIX A RECORDS BEING WITHHELD IN THElR ENTIRETY NO.
DATE DESCRIPTION #PAGE COUNT)/ EXEMPTION k
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4/20/92 Memorandum for the Commission from William Parler on Criteria or Method for Reinterpretation of Existing NRC Regulations (6 pages) EX. 5 ATTORNEY-CLIENT PRIVILEGE l
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