ML20207L202
| ML20207L202 | |
| Person / Time | |
|---|---|
| Issue date: | 03/10/1999 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Ghasemian S UNITED STATES ENRICHMENT CORP. (USEC) |
| Shared Package | |
| ML20207L203 | List: |
| References | |
| FOIA-99-31, REF-10CFR9.7 SECY-98-034-R, SECY-98-34-R, SECY-99-034-C, SECY-99-34-C, NUDOCS 9903180031 | |
| Download: ML20207L202 (3) | |
Text
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NRC FORM 464 Pert i I
U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NUMBER
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h 99-031 4
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RESPONSE TO FREEDOM OF m
INFORMATION ACT(FOIA)/ PRIVACY RESPONSE o c-ACT (PA) REQUEST TYPE b
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REQUESTER DATE MAR 1012 Shahram Ghasemian PART 1.-INFORMATION RELEASED No additional egency records subject to the request have been located.
Requested records are available through another public distribution program. S ee Comments section.
^""END'cEs Agency records subject to the request that are identified in the listed appendi ces are already available for public inspection and copying at the NRC Public Document Room.
i QJ Agency records subject to the recuest that are identified in the listed appendi ces are being made available for APPENDICES 11 public inspection end copying at the NRC Public Document Room.
Enclosed is information on how you may obtain access to and the charges for cop ying records located at the NRC Public Document Room,2120 L Street, NW, Washington, DC.
r~F APPENDICES NJ Agency records subject to the request are erclosed.
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[-] Records subject to the request that contain information originated by or of int erest to another Federal agency have been referred to that agency (see comments section) for a disclosure determination a nd direct response to you.
Q We are continuing to process your request.
] See Comments.
PART l.A - FEES FOUNT You will be billed by NRC for the amount listed.
[ None. Minimum fee threshold not met.
I
[ You will receive a refund for the amount listed.[ Fees waived.
g.g.eis PART I.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.
Q Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part 11.
Q' 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 tha t it is a "FOIA/PA Appeal?
PARTl.C COMI/ENTS (Use atr *Id Comments continuation page if reautred) j o
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9903180031 990310 PDR FDIA OHASEMIA99-31 PDR
'slGNATuRE. FREEDOM OF INFoHMATiON AcT AND PRIVACY AcT OFFICER Kdssell A. Powell
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NRC FORM 464 Part 1 (6-1998)
PRINTED ON RECYCLED PAPER This form was oesigned using informs
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NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE
[ ~NESPONSE TO FREEDOM OF INFORMATION WR 101999 N
ACT (FOlA)/ PRIVACY ACT (PA) REQUEST PART ll.A-APPLICABLE EXEMPTIONS
]
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H Records subject to the request that are descnbed in the anciosed 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 property classified 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 is specifically exempted from public disclosure by statute indicated.
O 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 he 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 (proprictary) Informa tion.
The information is considered to be proprietary 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 1 foreign source and received in confidence pu rsuant to 10 CFR 2.790(d)(2).
Q Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation.
Applicable privileges:
Q Deliberative process: Disclosure of predecisionalinformation would tend to in hibit the open and frank exchange of ideas essential to the 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 tne release of the facts would permit an indirect inquiry into the predecisional process of the agency.
[ Attomey work-product privilege. (Documents prepared by an attomey in contemplation of Ictigation)
] Attomey-client privilege. (Confidential communications between an attorney and his/her client)
] Exemption 6: The withheld information is exempted from public disclosure because its disclos ure would result in a clearty unwarranted invasion of personal privacy.
Exemption 7: The withheld information consists of records compiled for law enforcement purpo ses and is being withheld for the reason (s) indicated.
Disclosure could reasonably be expected to interfere with an snforcement proceeding (e.g.,it would reveal the scope, direction, and (A) focus of enforcement efforts, and thus could possibly allow recipier'ts to take action to shield potential wrongdoing or a requirements from investigators).
(C) Disclosure would constitute an unwarranted invasion of personal privacy.
0 (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 investiga tions or prosecutions, or guidelines that could reasonaDiy be expected to nsk circumvention of the law.
(F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
U OTHER (Specify)
PART 11.8 - DENYING OFFICIALS that the information withheld) is exempt from production or disclosure, and thc1 its production or disciosure is contrary t intsr:st. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE / OFFICE l
RECORDS DENIED
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Sindra M. Joosten Executive Assistant / Office of the Secretary l Appendix il Ig d
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Appeal must be made in writing within 30 days of receipt of this response. App eats should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by th e appropriate appellate official (s). You should clurly state on the envelope and letter that it is a *FOIA/PA Appeal."
f4RC FORM 464 Part 11 (6-1998)
PRINTED ON RECYCLED PAPER This form was designed usmg Informs
l Re: FOIA-99-031 l
APPENDIX H l
RECDRDS BEING WITHHELD IN PART N_0 DATE DESCRIPTION /(PAGE COUNTVEXEMPTIONS 2
1.
2/27/98 SECY-98-034,"FY 1998 Proposed Fee Rule. (17 pages)
EX.5 2.
3/23/98 Memo from J, Hoyle to J. Funches, subject: Staff Requirements - SECY-98-034 - FY 1998 Proposed Fee Rule. (2 pages) EX. 5 (NOTE: The withheld portion is outside the scope of the request.)
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n-w A Global Energy Company gg 7 o. g o '/ g Jg;cn(W thyn October 26,1998 O
Russell A.Powell Freedom ofInformation Act/
Local Public Document Room Branch U.S. Nuclear Regulatory Commission Office of Administration Mail Stop T-6 D8 Washington, D.C. 20555 Re:
Freedom ofInformation Act Reauest
Dear Mr. Powell:
Pursuant to 5 U.S.C. Q552(a)(3) and 10 C.F.R. #9.23(b), we request (a) all documents (including those in electronic format), analyses and calculations and any other information that identifies or discusses the criteria or procedures used by the NRC to determine or set the annual fees assessed to United States Enrichment Corporation (USEC) pursuant to 10 C.F.R. Part 171 as promulgated in the Commission's Revised Fee Schedule dated June 10,1998 and (b) in the event a document (s) or portion (s) thereofis withheld from public disclosure, a description of such document (s) and the basis upon which such document (s) is withheld from public disclosure.
The purpose of this request is to obtain any and all infonnation that served as the basis for, or was used in the process of, setting USEC's annual fees at $2,604,000 for each certificate of compliance for operation of a gaseous diffusion uranium enrichment facility under 10 C.F.R. {
171.16(d). To the extent that the rationale for the 1998 fees is based upon fee determinations made in prior fiscal years, or upon the application of the methodology used for determining annual fees for major fuel facilities set forth in the June 20,1995 Federal Register (60 Ecd. Reg. 32235), this request seeks any and all such prior documentation as well.
We agree in advance to pay any fees associated with this request up to $250.00. If costs are expected to exceed this amount, please notify me at (301) 564-3256.
Sin erely, hV
^f Shahram Ghasemian 91 :'l Wd 0C130 86 l
Associate Counsel l
8SI 03Al3338 l
6903 Rockledge Drive, Bethesda, MD 20817-1818 Telephone 301-564-3200 Fax 301-564-3201 http://nw.usec.com OMces in Livermore, CA Paducah. KY Portsmouth. OH Washington DC
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