ML20210Q842

First Final Response to FOIA Request for Documents.Records Listed in App a Being Released in Entirety & Records Listed in App B Being Withheld in Part (Ref FOIA Exempt 5)

ML20210Q842
Person / Time
Site:	Perry
Issue date:	08/13/1999
From:	Reed C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Jaffe S AFFILIATION NOT ASSIGNED
Shared Package
ML20210Q845	List: ML20210Q842 ML20210Q929
References
FOIA-99-248 NUDOCS 9908160133
Download: ML20210Q842 (4)

Text

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- .hHnLrC NRC FOR6t'464 Part 1 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA RESPONSE NuMIER cs.i m [ ' % g 99 248 1 y g RESPONSE TO FREEDOM OF

% INFORMATION ACT(FOlA)/ PRIVACY RESPONSE

% ^

%.O ACT (PA) REQUEST TYPE i REQUESTER DATE ms. Susan Jaffe A00 I 3 III PART l. - INFORM ATION RELEASED C No additional agency records subject to the request have been located.

C Requested records are available through ariother public distribution program. S ee Comments section.

APPENolCEs 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.

APPENDicCs Agency records subject to the request that are identified in the listed appendi ces are being made available for A, U public inspection and 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.

APPENDICES N.

f~F] A, H Agency records subject to the request are enclosed.

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.

[ We are continuing to process your request.

[ See Comments.

PART l.A - FEES MOUNT *

] You will be billed by NRC for the amount listed. [ None. Minimum fee threshold not met.

] You will receive a refund for the amount listed.Q Fees waived.

Tiew-*

PART l.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 II.

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."

a PART 1.C COMMENTS (Use attached Comments continuation pace if reautred) l l

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SIGNATURE . FREEDOM of INFORMATION ACT.AND PyVACY ACT OFFICER ,

Csrol Ann Reed (. d P> 9 IM 9908160133 990813 PDR FOIA

< JAFFE99-248 PDR NRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This form was riesigned usmg informs 1

l NRC F4 RM 464 Part 11 U.S. NUCl EAR REGULATORY COMMISSION FOIA/PA DATE vhmESPONSE TO FREEDOM OF INFORMATION  !

99 248 AUG 13 999  !

ACT(FOIA)/ PRIVACY ACT(PA) REQUEST

""" PART ll.A- APPLICABLE EXEMPTIONS U Records subject to the request that are desenbed 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 property classified pursuant to Executive Order 12958.

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] 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.

] 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 executive agency to any person under section 552 of Title 5, U.S.C. (the FOIA), except when incorporated into the contract between the j 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) indicate 1 ,

The information is considered to be confidential business (proprietary) informa tion. I 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 a 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 pnvileges:

Deliberative process: Disclosure of predecisional information would tend to in habit 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 predecisionalinformation.

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 in contemplation of litigation)

Q Attomey-client privilege. (Confidential communications between an attomey and his/her client)

] Exemption 6: The withheld information is exempted from public disclosure because its disclos ure would result in a clearly unwarranted invasion of personal pnvacy, Q Exemption 7: The withheld information consists of records compiled for law enforcer;.gnt purpo ses and is being withheld for the reason (s) indicated.

l Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g., it would reveal the scope, direction, and (A) focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongd requirements from investigators).

Q (C) Disclosure would constitute an unwarranted invasion of personal privacy.

C (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal

1. dentities of confidential sources.

] (E) Disclosure would reveal techniques and procedures for law enforcement investiga tions or prosecutions, or guidelines that could reasonably be expected to risk 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.B - DENYING OFFICIALS that the information withheld) is ex(empt from production or disclosure, and that its production or disclosure is c interest. The person responsible for the denial 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).

DENYING OFFICIAL l TITLE / OFFICE RECORDS DENIED L hy h Guy Caputo Director, Office of Ins estigation 11/ 1 j l l 1 i ,

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Appeal must be made in wnting within 30 days of receipt of this response. App eals 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 i ci arly state on the envelope and letter that it is a FOIA/PA Appeal." l NRC FORM 464 Pad H (6-1998) PRINTED ON RECYCLED PAPER This form was designed using informs

Re: FOIA/PA-99-248 APPENDlX A RECORDS BEING RELEASED IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)

1. 12/08/98 01 Case 3-1998-007 Case Chronology (1 page) (Portions outside scope of request)

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Re: FOlA/PA-APPENDlX B RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 12/10/98 Report of investigation 3-1998-007 (25 pages) EX. 5 & 7C I

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