ML20210F307
| ML20210F307 | |
| Person / Time | |
|---|---|
| Issue date: | 07/23/1999 |
| From: | Reed C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Schum S AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20210F310 | List: |
| References | |
| FOIA-99-272 NUDOCS 9907300011 | |
| Download: ML20210F307 (4) | |
Text
1 NRC FORM 464 Pirt i U.S. NUCLEAR REGULATORY COMMISSION t UIA/VA r.EsPoNSE NUMBER
.a 0199e) 4
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%M(99-272 1 i
RESPONSE TO FREEDOM OF 5
2 INFORMATION ACT(FOIA)/ PRIVACY RESPONSE k *ss *
/ ACT (PA) REQUEST TYPE REQUESTER DATE Scott W. Schum ? ? Iffe PART l. -INFORMATION RELEASED No additional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments section.
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- APPENDICES ~ Agency records suoject to the request that are identified in the listed appendices are already available for public inspection and copying at the NRC Public Document Room.
[ APPENDICES Agency records subject to the request that are identified in the listed app)ndices are being made available for A public inspection and copying at the NRC Public Document Room.
E 'EAcloseUsinformation on how you enay obtain access to and the charges for copying records located at the NRC Public
" Document Room,2120 L Street, NW, Washington, DC.
_. F ~APPENDICE S -
y A Agency records subject to the request are enclosed.
- 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 red ponse to you.
We are continuing to process your request.
See Comments.
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PART l.A - FEES AMOUNT
- You will be billed oy NRC for the amount listed. g None. Minimum fee threshold not met.
f___ ~ You will receive a refund for the amount listed. Fees waived.
Yo$i!N PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
] No agency records subject to the request have been located.
y- the reasons stated in Part 11.Certain information in the requested records is being withheld from disclorTe pursuant tu the exem y- Washington, DC 20555-0001.This determination Clearly state on the envelopemay and inbe theappealed letter that it within 30 days is a "FOIA/PA by writing to the F')lA/PA Officer, U.
Appeal."
PART 1.C COMMENTS (Use attached Comments continuation page if rege red)
We did not provide a copy of the Quotation / Proposal submitted by your company since we assa ; you already have a copy in your files.
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siaxivse esuovu os istusux1 ou a y^~onvacv Aci cetus Ctrol Ann Ree ,-f, j m g / fEr 9907300011 990723 PDR FOIA SCHUM99-272 PDR NRc FORM 464 Part 1 (6-1998) PRINTED oN RECYCLEo PAPER This form was designed using informs
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1 NRC FORM 464 Part in U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE
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' TSPONSEJD EREEDOM OF INFORMATION 99-272 M ? 3 7999 i
ACT (FOlA) / PRIVACY ACT (PA) REQUEST PART ILA - APPLICABLE EXEMPTIONS
. APPENoicts_ Records subject to the request that are described 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)).
] Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958 r
l R Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.
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Q 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.
i-. l 2161-2165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S C. 2167).
j 41 U S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an n 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)
L indicated.
E The information is considered to be confidential business (proprietary) information.
The information is considered to be proprietary because it concems a licensee's or applicant's physical protection or matenal control and accounting program for spec.al 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 litigation. Applicable pnvileges:
Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisional information. 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.
Attomey work-product privilege. (Documents prepared by an attorney it: contemplation of litigation)
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Attorney-client privilege. (Confidential communications between an attomey and his/her client)
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Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly
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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 allow 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 privacy.
(D) ' 3 information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal
- ii., entities 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)
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 denials that may be appealed to the Executive Director for Operations (EDO).
~DEE ING OEFiCIA TITLE / OFFICE RECORDS DENIED Y
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Appeal must'be 'made in writirig within 30 days of receipt of this response. Appeals should be' maiied to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should ct:arly state on the envelope and letter that it is a "FOIA/PA Appeal."
PRINTED ON RECYCLED PAPER This form was oesigned using informs NRC FORM 464 Part11 (6-1998)
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Re: FOIA-99-272 APPENDIX A RECORD (S) BEING RELEASED ;
I NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS
- 1. Undated Quotation for Small Purchases with attached NRC Document Disintegrator Requirements (2 pages) 1 I
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Re: FOIA-99-272 APPENDIX B RECORD BPNG WITHHELD IN ITS ENTIRETY NO. DATE DESCRIPTIONRPAGE COUNTVEXEMPTIONS
- 1. 05/21/99 Proposal from Security Engineered Machinery, subject:
Document Disintegrator Quotation. (8 pages) EX. 3 i
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