ML20212D329
| ML20212D329 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/1999 |
| From: | Reed C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Liaw J WINSTON & STRAWN |
| Shared Package | |
| ML20212D337 | List: |
| References | |
| FOIA-99-345 NUDOCS 9909230070 | |
| Download: ML20212D329 (3) | |
Text
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NRC FORM 464 PLrt I ( U.S. NUCLEAR REGULATORY COMMISSION l'UIAWA r.EsPoNsE NUMBER (e tass)
I, p5# "" ,hDD 99-345 1 1 # RESPONSE TO FREEDOM OF
$ INFORMATION ACT (FOIA) / PRIVACY RESPONSE
\ *es+* ACT (PA) REQUEST TYPE Y REQUESTER DATE Jean Liaw I I 1998 PART l. -INFORMATION RELEASED
] No additional agency records subject to the reque51 have been located.
~ Requested records are available through another public distribution program. See Comments section.
~ 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 public inspection and copying at the NRC Public Document Room.
~
'Encio~sidislformation on how you may obtain access to and the charges for copying records located at the NRC Public j Document Room,2120 L Street, NW, Washington, DC.
l
-- 'APPENDICE S~ l Agency records subject to the request are enclosed. 4
~ ~ Record's subject to the request that contab 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 AuoVNT * ~ ~ You will be billed by NRC for the amount listed. g None. Minimum fee threshold not met. -
I You will receive a refund for the amount listed. Fees waived.
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nts PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
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No agency records subject to the request have been located.
y the reasons stated in Part II.Certain information in the requested records is being withheld from disclosure pursuant t y- Washington, DC 20555-0001.This determination Clearly state on the envelopemay and inbetheappealed letter that it within 30 days is a "FOIA/PA by writing to the FOIA/PA Appeal."
PART l C COMMENTS (Use attached Comments continuation page if required) l o
I I
{jbI blGNATURL -t HELDOM OF INFORMAllON A ANpHIVALY ACI Of fILLk Carol Ann Reed O' 7P/
, LIAW99-345 PDR NRC FORM 464 Part 1 (6-1998) PRINTED oN RECYCLED PAPER This form was designed using informs Vf 692 bW70
,t'f NRC FORM 464 Part it m
U.S, NUCLEAR REGULATORY COMMISSION FOIA/PA DATE
'FSPONSE TO' FREEDOM OF INFORMATION g
99-345 HP2W i ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS
. APPENDICES _ _
Records subject to the request that are descnbed in the enctnsed Appendices are being withheld in their entirety or in part under A _ the Exemption No.(s) of the PA and/or the FOIA as indicato below (5 U.S C. 552a and/or 5 U.S.C. 552(b)).
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- Exemption 1: The withheld information is property classified pursuant to Executive Order 12358.
]
Exen.ption 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 agency and the submitter of the proposal.
R Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated.
The information is considered to be confidential business (proprietary) information.
R_
- The information is considered to be proprietary because it concems a heensee'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 purwt to 10 CFR 2.790(d)(2),
y Exemption 5. The withheld information consists of interagency or intraa' ency records that are not available through discovery dunng litigation. Apphcable pnvileges:
- Deliberative process: Disclosure of predecssional information would tend to inhibit the open and frank exchange of ideas essential to the the facts are inextncably intertwined with the predecisional deliberative information. There process.
also are Where recordssegregable no reasonably are withheld factualinport their entirety, ions because the release of the facts would permit an indirect inqu into the predecisional process of the agency.
Attomey work-product privilegs. (Documen's prepared by an attorney in contemplation of htigation)
Attomey-chent pnvilege. (Confidential communications between an attorney and his/her chent)
~ Exemption 6: The withheld information is exempted from pubhc 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.
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 rectpients to take action to shield potential wrongdoing or a violatio NRC requirements from investigators).
] (C) Disclosure would constitute an unwarranted invasion of personal pnvacy.
(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.
~ (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 hfe 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 that 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 denials that may be appealed to the Executive Director for Operations (EDO).
3EUMdMCN~
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FICML TITLE / OFFICE
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RECORDS DENIED $"3[E h bisty ~~ ~ ' Executive Assistant, SECY
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' Appendix A
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Ap'piairnus~t be made in wnting within 30' days of receipt of this response [ Appeals should be mailed 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 cierrly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRc FORM 464 Part H (61998) PRINTED ON RECYCLED PAPER This form was designed using informs 1
l L_
'4 FOlA-99-345 APPENDIX A RECORDS BEING WITHHELD IN THElR ENTIRETY NA DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS
- 1. 4/20/92 Memorandum for the Commission from William Parler on Criteria or Method for Reinterpretation of Existing NRC Regulations (6 pages) EX. 5 ATTORNEY-CLIENT PRIVILEGE O