ML20210N316
| ML20210N316 | |
| Person / Time | |
|---|---|
| Issue date: | 08/20/1997 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Savage J MORGAN, LEWIS & BOCKIUS |
| Shared Package | |
| ML20210N320 | List: |
| References | |
| FOIA-97-229 SECY-96-270-R, NUDOCS 9708250182 | |
| Download: ML20210N316 (4) | |
Text
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..g FOIA -f P A 97-229 g
RE SPONM TYPE f
0 RESPONSE TO FREEDOM OF xInsat I le^ati*t
- gh9 INFORMATION ACT (FOIA) REQUEST c'A ' t e.eee DOCF f f NUMBL HIS) lif eDphatye)
REQULSTLH Mr. James Savage PART 1 -AGENCY RECORDS RELEASED OR NOT LOCATED (See checlect ticaest No agency records subject to the request have been located.
No additional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments section.
Agency records subject to the request that are identified in Append.x(es) are already available for pubhc inspection and copying at the NRC Pubhc Document Room,2120 L Street, N.W., Washington. DC.
g Agency records subject to the request that are klentified in Appendix (es)
A are being made available for pubhc inspection and copying at the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC,in a fold r under this FOI A number, Ths nonproprietary version of the proposa!(s) that you agreed to accept in a telephone conversation with a member of rny statf is now being made av6 table for pubhc inspection and copying at the NRC Pubhc Document Room. 2120 L Street, N.W., Washington, DC, in a folder under this FOI A number, Agency records subject to the request that are identified in Appendix (es) may be inspected and copmf at the NRC Local Pubhc Document f
Room identified in the Comments section.
Enclosed is mformation on how you may obtam access to and the charges for copying records located at the NRC Public Document Hoom,2120 L Street, N.W, Washington, DC.
Agency reco<ds subject io the request ore enciosad, Annnndix A and reinasable nortinns of Annandix R documents y
Records subject to the request have been referred to another Federal agencyhes) for review and direct response to you.
are enclosed.
X reen y
You willbe billed Ly ttie NRC for feet totahng $ 80.94 f 2 hrs rnveiw, 68 pgs dup)ication]
You will receive a refund from the N RC m the amount of $
in view of NRC's response to this request, no further action is being taken on appeal letter dated
, No.
PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Csrtain information in the requested records is being withheld from public disclosure pursuant tu the exemptions described in and for the reasores stated XX in Part 11, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder urrJer this FOI A number, COMMENTS 9I( fag JA \\
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RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REOUEST FOIA 229 (CONTI%UATION) l PART R 8-APPLICABLE EXEMPTIONS R
are being withheld in their entirety or in part under the Records subject to the request that are described in the enclosed Appendix (es) hemption Nols) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.
- 1. The withrioid information as properly classefed pursuerit to E=ecutive Order. (Enemption 1)
- 2. The wrthswid eformeien relates solety to the eternal personnel rules and procedures of NRC. (Enemption 2) i r T- _._f_._
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6ecuone 141,145 of the Atomic Erwegy Act,Wch prohibits the disclosure of Restricted Data of Formerly Restricted Data 142 U.S.C. 2161-2165L
~9 Section 147 of the Atomec Energy Act,which prohibits the disclosure of Unclassified Safeguards informaten (42 U.S C. 2167).
4, The withhead mformation is a trede secret or commercias or fmancial information that is being withheid toe the reasontal indicated. (Enempt on 4)
The enformation is considered to be confident +al business lpropnetaryl mformat on.
The mformaten is considered to be proprietary otormation pursuant to 10 CFR 2 790tdH1)
The mformation was submetted snd received m confidence pursuant to 10 CFR 2 790td421 bha withhold mformation consists of mteragency or etraagency records that are not aweilab*e through discovery cunng htigation (Enemption bl. Applicable Privnege:
Deliberative Process Disclosure of predecisional information would tend to inhitait the open and frank eachange of edeas essential to the deliberative process Where records are withheld m their entirety the f acts are inestricath mtertwined with the predecisional mformation There also are no reasonably seJreeable f actual portions because the release of the f acts would permet an inderect enquiry into the predecesional process of the egency Attorney work product privilege (Documents prepared by an e'torney en contemplaterin of htigation 4 Attorney chent priv6lege. (Confidential communications REtween an attorney and his/her thent.)
- 6. The withheid mformation is esempted from pubhc disclosure because its disclosure would result in a clearly unwananted mvasion of personal pnwacy (Enemption 6)
XX 7 The withhekt mformation consists of records comoded for law enforcement purposes and is being withheid for the reasontal mdicated (Exemption 7)
Disclosure could reasonabtv be expected to mterfore with an enforcement proceedmg because it could reveal the scope, direction, and focus of XX enforcemeat etforts. ami thus couid possibiv aiio* recipients to take action to stueld potential wrongdomg or a violation of N AC requirements from mvestigators. (E nempiton 7 ( All Disclosure would constitute an unwarranted mvasion of personal pnvecy. (Exemption 7(CD The mformation consists of names of indiveduais and other m4rmation the dactosure of which could reasonably tie esoected to rtweal edenteties of confidentidi sources. Raernption 7 (DH OTHER l
PART 11. C-DENYING OFFICIALS Pursusnt to 10 CFR 9 25tbl and/or 9 25tc) of the U.S. Nuclear Reguietory Commission requiat+ons. it has been determined that the information withheld is enempt from pro-duction or disclosure, and that 61s production or d sciosure is coetra*y to the pubhc mterest The persons respons@e for the denial are those off,c als identified twiow as denying off cuts and the Director, D> vision of Freedom of Informat,on and Pubhcations Serv.ces. Off ce of Admmistration, for any deniais that may be appealed to the E secutive Director for Operat,ons (EDOt.
l DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL EDO SECR UARY 10
'yD 4puto Directorv0f fice OE Investigations-Appe-E U
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PART 11. D-APPEAL RIGHTS The densat by each denymg official hientified in Part (LC may be appeated to the Appellate Official identified there. Any such apoeal must be made m writmg witnm 30 days of receipt t;f this response Appeals must be addressed as appropriate, to the Executive Director for Operations, to the Secretary of the Commmion, or to the inspector General, O S. Nuclear Hegulatory Commtssion, mihmaton. DC 20555, and should clearly state on the envelope and m the letter that it is an " Appeal from an initial FOI A Decision."
N;C FORM 464 (Part 2) (191)
U.S. NUCLEAR REGULATORY COMMISSION
Re ~ FOIA-97-229 APPENDIX-A DOCUMENT BEING RELEASED IN ITS ENTIRETY NUMBER
-DATE DESCRIPTION 1.
4/30/97 Errata sheet prepared by William Hutchison regarding Office of Investigations Annual Report, Fiscal Year 1996 (SECY-96-270).
(1 page) l
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Res-FOIA-97-229 APPENDIX DOCUMENT BEING RELEASED IN PART NUMBER
- DATE DESCRIPTION 1.
12/31/96 SECY-96-270 - Office of Investigations. Annual Report, Fiscal Year =1996.
(67 pages)
EX.
7(A)
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