ML20211A944

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First Partial Response to FOIA Request for Documents. Documents Listed in App a Being Withheld in Entirety (Ref FOIA Exemption 7A)
ML20211A944
Person / Time
Site: Maine Yankee
Issue date: 09/22/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Capristo A
AFFILIATION NOT ASSIGNED
Shared Package
ML20211A949 List:
References
FOIA-97-355 NUDOCS 9709250027
Download: ML20211A944 (3)


Text

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YYL / YA ps Mk2 PART t,-AGENCY RECORDS RELE ASED OR NOT LOCATED ISee checAed tionest No - t w(ords subrect to the request have been located.

No aCdetiona! agency records subject to the request have been located Requested records are avadable through another pubhc distribution program See Comments section, Agency records subject to the request that are identified in Apperxf.n(es) are a' read y avadable for public irispectior' and copying at the NRC Public Document Room 2120 L Street, N W.. Washington. DC.

Agency records subject to the request that are identified in Appendinfes) are being made avadabte for pubhc inspection and copying at the NRC Pubhc Document Room,2120 L Street, N W , Washington, DC, in a folder under th s F OI A number.

The nonproprietary version of the proposal (s) that you ayeed to accept in a teiephone conversation with a member of rny staf f is now being made available for pubhc inspection and copying at the NRC Pubhc Document Roum,2120 L Street, N W., Washington, DC, in a folder under this FO! A number.

Atyncy records subject to the request that are identified in Append:m(es) may be inspected ar d copied at the NRC Local Pubhc Document Room identified in the Comments section.

Enclosed is information on how you may obta.n access to and the char'rs for copying reco,os located at the NRC Public Document Room,2120 L Street, N.W. Washington DC.

Agency ,ecords subject to the request are enclosed Records subject to the request have been referred to another Federal agencybe s! for review and direct response to you.

Fees You wdl be bdled by the NRC for fees totakng 5 You will receive a refund from the N RC in the amount of $

In view of NRC's response to this request, no further action is being taken on appea; letter dated . No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being w othheld from pubhc disclosure pursuant to the exemptions described in and for the reasons stated in Part II, B, C, and D. Any released oortions of the documents for which only part of the record is being withheld are being made avadable for public inspection and cooving in the NRC Pubhc Document Room,2120 L Street, N W , Washington, DC in a folder under this FOI A nurrber, COMME NT S

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,L k Is I . PART 11.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in part under the Exernption No.(s) 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 replations.

1. The withheld mformatKm is properly class #fied pufsuant to Esecutive Order. (Exemption 1)
2. The *heid information relates solely to the mternal personnel rules and procedures of NRC. (Ememption 2) l 3. T . withheld mformation is specifically esempted from pubhc disclosure by statute trut cated. {Enemption 31 Sections tal 145 of the Atomic Energy Act, which prohibits the disclosure of R st? te3 Data or Formerly Restncted Data (42 U.S.C. 2161-21651.

Section 147 of the Atom #c Energy Act. which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

4. The withheld enformation is a trade secret or commercial or financial mformation that is being withheld for the reasontal ndicated (Exemption 4 The mformation is Considered to be confidential busmess (propnetaryl nfoemation The mformation is considered to be propnetary mformation pursuant to 10 CFR 2 790tdll11 The mformation was submitted and received m confidence pursuant to 10 CFR 2 790idH21

[5. The withheld information consists of mteragency or miraegency records that are nol 4.adable through discoser, dunng htigation (E memption 5). Apphcable Privilege:

Deliberative Proc 9ss Disclosure of predecisional mformation wouid tend to inhibit the open and trank euchange of ideas essential to the dehberative process Where records are withhe6d in their entirety, the f acts are mentricably mitirt*med with the predecisionalinformation There also are no reasonatAv segregabte f actua; pcrtions because the re6eame of the f acts would permet an mdirect enouery into the predecisional process of the agency Attorney work product privnege (Documents preparec bi en attorney en cente rnplation t.f i*tisution i Attorney <tient privilege. (Confidential commumcations between an attorney and h.s'her chent.)

The withheld m'ormation is esempted from pubhc disclosur e tmause its discrosure would tesdt en a cleaMy u n warranted invasion of personal privacy (Exemption 6)

7. The withheid inf ormation consists of records compelo's for law enforcement pu r poses and is being withheld for the reasomsi mdicated (Exemption 7)

D sclosure could reasonably be expected to mterfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts, and thus could posubly show recipients to take action to shield potential wroryptoing or a violation of NRC requirements

/ from mvestigators IE nemperon 7 ( AH Disclosure wou4d constitute an unwarranted invwon of personal pnvecy (Exemption 7(CD This mlormation consists of n.smes of indmdoais and other information the dw tosure of which c oula seasonatd v be e spected to reveal identit es of confidentiai sources. (Exemption 7 (DH OTHLH l PART 11 C-DENYING OFFICIALS Pmsuant to 10 CF R 9 25(b) and or 9 25tti of the U $ Nuc.ea, Regulatos, Comr+ss!on regu at:ons. t has been determ neet that the informat:On withhe!d it esempt from pro.

duct <on or d sclosu>e aext that <ts product on or d sclosu e is cont,a y to the pubhc inte est The persom respons tue for the censai a<e those off. cia % aient'f.ed betow as denying o'f tcia s and the D rector. D v.s.on of F<eedom of informat on and Pub cet ons Serv ces. 08f ce of Adm nsstration, for any deus ther may be appeared to hi e E necutae 0, rector for Operat.ons IE 006 DENYING OFFICIAL TITLE OFFICE l RECORDS DENIED APPELLATE OFFICIAL l

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( PART IL O- APPEAL RIGHTS The deniai by each denymg oRcial ident.f ed in Part il C may be appealed to the Apoehore Off cial identif ed there. Any such appeal must be made in wntmg witnm 30 days of receipt of this rssponse. Appeaa must be addressed as appropnate. to the E necutive Director for Operations. to the Secreta <v of the Commission, or to the Inspector General. U S. Nuclear RQlitory Commiss.on. Washingron DC 20%5. and should clearly state on the enveiope and m the littier that it is an " Appeal from an Imtral FOI A Decision."

NRC FOnM 464 (Part 2) (191) U S. NUCLEAR REGULATORY COMMISSION

Re: FOIA 97 355 APPENDIX A RECORDS BEING WITHHELD IN THEIR ENTIRETY RQ, DATE DESCRIPTIONHPAGE COUNT)lEXEMPTIONS 1, Office of Investigations' Report, 1-96-025 (36 pages) EX. 7A 4