ML20210T306

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Final Response to FOIA Request for Documents.Forwards Documents Listed in Apps B & C.Portions of App C Documents Being Withheld in Part (Ref FOIA Exemption 5).Records Listed in App D Being Withheld in Entirety (Ref FOIA Exemption 5)
ML20210T306
Person / Time
Issue date: 08/17/1999
From: Reed C
NRC OFFICE OF ADMINISTRATION (ADM)
To: Stellfox D
MCGRAW-HILL PUBLICATIONS CO.
Shared Package
ML20210T312 List:
References
FOIA-98-275 NUDOCS 9908190050
Download: ML20210T306 (7)
v • d • e


Text

i e NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMIS$10N PUIAWA RESPONSE NUMBER I (6 1996)

? ["*% b0 98-275 2

  1. RESPONSE TO FREEDOM OF i INFORMATION ACT (FOIA) / PRIVACY' RESPONSE ACT (PA) REQUEST TYPE g- AL NM k*. #.

REQUESTER DATE David Stellfox N PART 1. -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.

Z ' APPENDICES ~~ Agency records subject 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 appendices are being made available for B public inspection and copying at the NRC Public Document Room.

~ ~ '

~ ' Enclosed is iriformation on how you may obtain access to and the charges for copying records located at the NRC Public

- Document Room,2120 L Street, NW, Washington, DC.

d 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 response to you.

We are continuing to process your request.

See Comments.

PART 1.A - FEES AuouNT

  • You will be billed by NRC for the amount listed. g None. Minimum fec threshold not met.

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

nts' PART 1.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.

/ 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.

/ 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 that it is a "FOIA/PA Appeal."

PART 1.C COMMENTS (Use attached Comments continuation page if required)

((M bibNAT URL + iHt LDOM OF INF OKMAllON ACi AND PHIVAGY AGI OF F ILLH 9 Ctrol Ann Reed L 7J/ 4 -r i s /

9908190050 990817 PDR FOIA STELLF098-275 PDR NRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This form was designed using informs

f NRC FORM 464 P rt 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DATE J 7ESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST

" M l

APPENoicfs PART lt.A - APPLICABLE EXEMPTIONS I Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under  !

C&Il _ 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.

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. l Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restricted Data (42 U S.C. i 2161-2165). I 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 agency and the submitter of the proposal.

Exemption 4: The withheld information is a trade secret or comr9ercial or financial information that is being withheld for the reason (s) indicated.

The information is considered to be confidential business (proprietary) information.

The information is considered to be proprietary because it concerns a licenses's or applicant's physical protection or material control and accounting program for special nuclear matenal 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)

J Exemption 5, The withheld information consists of interagency or intraagency records that are not available through discovery during v litigation. Applicable privileges:

J Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the I y deliberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional i 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. l Attomey work-product privilege. (Documents prepared by an attomey in contemplation of litigation) g Attomey-client privilege (Confidential communications between an attomey and his/her client)

Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly 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 l focus of en!orcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requ;,ements from investigators).

(C) Disclosure would constitute an unwarranted invasion of personal pnvacy. I (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 j (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 11.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 ,

int: rest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any  !

d:nials that may be appealed to the Executive Director for Operations (EDO).

DENYlNG OFFICIAL TITLE / OFFICE RECORDS DENIED Ygy"jy S:ndy M. Joosten Executive Assistant, Omce of the Secretary App. C&D Appeal must be made in wnting within 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, f U.S. Nuclear Regulatory Commission, Washington. DC 20555-0001, for action by the appropriate appellate official (s). You should cinrly state on the envelope and letter that it is a "FOIA/PA Appeal."

l l

! NRC FORM 464 Part it (6-1998) PRINTED ON RECYCLED PAPER This form was oesigned using Inf orms i

L

  • l t i e  !

Re: FOlA-98-275  ;

l APPENDIX B i

RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION /PAGES i i

1. 3/26/88 Federal Register Notice, (1 pg.).
2. 9/19/97 Memo to J. Hoyle from Chairman Jackson, subject: COMNJD 006-Commission Procedures: Further issues, (2 pgs.).

10/1/97 Note to Chairman Jackson from K. Smith, subject: Commissioner Diaz' COMNJD-97-006-Commission Procedures: Further issues, i (1 pg.).

4. 10/2/97 Memo to the Commission from J. Hoyle, subject: Letters from the Public Concerning the Louisiana Energy Services Proceeding, (2 pgs.). l
5. 10/23/97 Memo to K. Cyr from J. Hoyle, subject: Staff Requirements -

COMNJD-97-006-Commission Procedures: Further issues, (1 i P9.).

6. 10/23/97 Memo to Commissioner Diaz from J. Hoyle, subject: COMNJD 006-Commission Procedures: Further issues, (1 pg.).
7. 10/23/97 Memo to the File from J. Hoyle, subject: Staff Requirements - I COMNJD-97-006 - Commission Procedures: Further issues, (2 pgs.).

8, 12/24/97 E-Mail from K. Hart to Multiple Addressee, subject: Public Release of COMNJD-97-006, (1 pg.).

9. 1/30/98 Letter to the Honorable J. Lachance from Chairman Jackson, re:

List of Names for Presidential. Rank Awards Program, (1 pg.).

10. 5/29/98 Memo to Commissioner McGaffigan from J. Hoyle, subject: i COMSECY-98-005 - Systematic Review of the Commission's .

Internal Procedures, (1 pg.). I

11. 6/2/98 Memo to J. Hoyle from S. Crockett, subject: COMSECY-98-005 -

Systematic Review of the Commission's Internal Procedures, (1 99.).

m

, e i ,

FOIA-98-275 1

12. 6/12/98 Memo to J. Hoyle from S. Crockett, subject: COMSECY-98-005 - Systematic Review of the Commission's internal Procedures, (1 pg.).
13. 6/30/98 E-Mail from J. Lubenau to S. Joosten, subject: COMSECY-98-005, (1 pg.).
14. 6/30/98 E-Mail from J. Lubenau to K. Smith, M. Otin, and S.

Joosten, subject: COMSECY-98-005, (1 pg.).

15. 6/30/98 E-Mail from M. Otin to J. L ubenau, K. Smith and S.

Joosten, subject: COMSECY-98-005, (1 pg.). l

16. 7/8/98 Memo to the Commission from J. Hoyle, subject: Internal Commission Procedures, (110 pgs.).

l i

rE i

Re: FOIA-98 275 i

j APPENDIX C l

DOCUMENTS BEING RELEASED IN PART l

~

NUMBER DATE DESCRIPTION / EXEMPTION

1. 12/17/97 E-Mail from J. Ledbetter to Multiple Addressees, subject: Public Release of COMNJD-97-006, (1 pg.) - EX. 5.  !
2. 7/14/98 Memo to J. Hoyle from S. Jackson, subject: Response to 7/10/98, Memo on COMSECY- 98-005 and COMSECY-98-005A; i Systematic Review of the Commission's Internal Procedures, (5 pgs.) - EX. 5.
3. 7/17/98 Memo to J. Hoyle from S. Jackson, subject: Response to 7/10/98 l Memo on COMSECY-98-005 and COMSECY-98-005A; Systematic Review of the Commission's Intemal Procedures, (6 pgs.) - EX. 5.
4. 9/18/97 Note to: Chairman Jackson from K. Smith, subject: Commission l Procedures: Further issues, (3 pgs.) - EX. 5.

, 5. 10/15/97 Note to: Chairman Jackson from K. Smith, subject: 3-Day Version B SRM on COMNJD-97-006 - Commission Procedures: Further issues, (2 pgs.) - EX. 5.

6. 4/28/98 Note to: Chairman Jackson from K. Smith, subject: COMSECY 005 and 4/30/98 Closed Commission Meeting, (2 pgs.) - EX. 5.

l l

I l e l Re: FOIA-98-275 APPENDlX D DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION / EXEMPTION /PAGES

1. Undtd E-Mail from K. Hart, subject: SRM on COMNJD-97-006 Internal Commission Procedures, (6 pgs.) - EX. 5.
2. Undtd E-Mail from K. Hart, subject: SRM on COMNJD-97-006 Internal Commission Procedures, with handwritten comments and attachments, (10 pgs.) - EX. 5. ,

l

3. 10/15/97 E-Mail from B. Jones, subject: SRM on COMNJD 97-006 Internal Commission Procedures, (1 pg.)- EX. 5. )

l 4, 10/15/97 E-Mail from M. Otin, subject: SRM on COMNJD 97-006 Internal Commission Procedures, (1 pg.) - EX. 5. )

5. Undtd Memo from Hoyle to Cyr, subject: SRM on COMNJD 97-006 Internal Commission Procedures, (1 pg.) - EX. 5.  !
6. 10/9/97 E-Mail from K. Hart, subject: SRM on COMNJD 97-006 Internal l Commission Procedures, (5 pgs.) - EX. 5. )

i 7.. 10/6/97 Memo from A. Cook to the Commission, subject: Staff i Requirements Memo with Handwritten Votes, (9 pgs.)- EX. 5. l

8. 9/30/97- E-Mail from K. Hart, subject: DRAFT SRM on COMNJD-97-006 Internal Commission Procedures, (2 pgs.) - EX. 5. i
9. Undtd Memo from J. Hoyle to K. Cyr, subject: Staff Requirements COMNJD-97-006 Internal Commission Procedures: Further issues, (7 pgs.)- EX. 5.

l . i

10. Undtd Memo from J. Hoyle to File, subject: Staff Requirements COMNJD-97-006 Internal Commission Procedures: Further issues, (1 pg.) - EX. 5. 1

e-Re: FOlA-98-275 APPENDIX D DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY (Continued)

NUMBER DATE DESCRIPTION / EXEMPTION /PAGES

11. 2/27/98 Memo from J. Hoyle to the Commission, subject: Staff Requirements-COMNJD-97-006 Internal Commission Procedures, (125 pgs.)- EX. 5.
12. 6/25/98 Memo from A. Cook to the Commission, subject: Staff Requirements Memo with attachments, (113 pgs.)- EX. 5.
13. 4/23/98 Memo to J. Hoyle from J. Blaha, subject: Systematic Review of the Commission's internal Procedures, (2 pgs.) - EX. 5.

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