ML20212K025

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Final Response to FOIA Request for Documents.Forwards Documents Listed in App a Being Released in Entirety & App B Records Being Withheld in Part (Ref FOIA Exemption 6)
ML20212K025
Person / Time
Issue date: 09/28/1999
From: Reed C
NRC OFFICE OF ADMINISTRATION (ADM)
To: Rosina E
AFFILIATION NOT ASSIGNED
Shared Package
ML20212K030 List:
References
FOIA-99-318 NUDOCS 9910060090
Download: ML20212K025 (6)
v • d • e


Text

NRC FORM 464 Part i T

U.S. NUCLEAR REGULATORY COMMISSION l' UIAll'A RESPONSE NUMBER (6-1998) j./

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RESPONSE TO FREEDOM OF

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INFORMATION ACT(FOIA)/ PRIVACY

RESPONSE

ACT (PA) REQUEST TYPE gN AL RLuuES1ER LATE Eric Rosina 2 0 1983 PART l. -INFORMATION RELEASED

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No additional agency records subject to the request have been located.

Requested records are available through another public distribution program. See Comments section.

APPE NDICEs' '

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 A,B publicinspection and copying at the NRC Public Document Room.

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^ Enclosed is information 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.

M 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 l.A - FEES AMOUNT

  • You will be billed by NRC for the amount listed.

None. Minimum fee threshold not met.

108.10 You will receive a refund for the amount listed.

Fees waived.

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  • see comments for details PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.

y Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part 11.

y This deterrnination may be appealed within 30 days by writing to the FOlA/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 l.C COMMENTS Gise attached Comments contirdation page af required)

The actual fees for processing your request are:

1/2 hr. clerical search 6f $18.00 per hr. = 59.00 1.5 hrs. clerical resicw @ S18.00 per hr. = S27.00 25m inutes professional resicw @ S36.93 per hr. = $15.50 Duplication of 283 pages @ S0.20 per page = S56.60 Total = 5108.10 9

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NRc FORM 464 Part 1 (6-1998)

PRINTED ON RECYCLED PAPER This form was designed using Informs

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1 NRC FORM 464 P;rt in U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DA4 1

NSPONSE TO FREEDOM OF INFORMATION W2 4

ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART li.A - APPLICABLE EXEMPTIONS I

APPEND Es _

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 properly clar,sified pursuant to Executive Order 12958, Exemption O The withheld information relates solely to the internal personnel rules and procedures of NRC. ] - Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data Exemptiori 3: The withheld information is specifically exempted from public disclosure by statute indicated. 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 Tstle 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 commercial 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 propnetary because it concems a licensee'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). Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigatinn. Applicable privileges: Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the i deliberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional l 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. ~~ Attorney work-product privilege. (Documents prepared by an attomey in contemplation of litigation) Attomey client privilege. (Confidential communications between an attomey and his/her client) y Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in 5 clearly unwarranted invasion of personal privacy. ) Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. (A) Discloswfi could reasonably be expected to interfere with an enforcement proceeding (e g, it would reveal the scope, direction, and 1 focus of enforcement efforts, and thus could possibly allow recipie7ts to take action to shield potential wrongdoing or a violation of f NRC requirements from investigators). (C) Disclosure would constitute an unwarranted invasion of personal privacy. l (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal l identites of confidential sources. (E) Disclosure would reveal techniques and procedutec for law enforcement investigations or prosecutions, or guidalines that could reasonably be expected to nsk circumvention of the law. I ~ (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual, + OTHER (Specify) l l PART 11.8 - DENYING OFFICIALS j l 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 cietermined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary tu the public j interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any i l denials that may be appealed to the Executive Director for Operations (EDO). j DEN' ING OFFICIAL TITLE / OFFICE ' RECORDS DENIED $[P Y SEC I l Ilubert J. Miller ' Regional Administrator, RI ~ Appendis B '~ l Appeafmust be made in writing 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 clearly state on the envelope and letter that it is a "FOIA/PA Appeal." NRc FORM 4M Part it (6-1998) PRINTED ON RECYCLED PAPER Tnis form was oesigned using inF orms

r RE: FOIA-99-318 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY NCL DATE DESCRIPTION /(PAGE COUN_T_1 1. No Date Inventory Record Report for 29-18345-01 (16 pages) 2. 03/28/79 Materials License (2 pages) 3. 11/13/79 Materials License-Supplementary Sheet (1 page) 4. 07/21/80 Materials License - Supplementary Sheet (1 page) 5. 01/21/83 Materials License Supplementary Sheet (1 page) 6. 11/08/78 Ltr from John Pasinosky to Nathan Bassin, (13 pages) 7. 11/10/78 Ltr from James R. Grasso to Nathan Bassin (3 pages) 8. 01/30/79 Ltr from Joseph M. Brown, Jr. to James R. Grasso (2 pages) 9. 10/16/79 Ltr from James R. Grasso, to USNRC, Division of Materials and Fuel Cycle (1 page) 10. 05/14/80 Inspection Findings and Licensee Acknowledgment (10 pages) i 11. 06/10/80 Ltr from James R. Grasso to NRC(Radioisotopes Licensing j Branch) (2 pages) i 12. 12/15/82 Application For Byproduct Material License >A pages) 13. 01/21/83 Ltr from John E. Glenn to James R. Grasso (l cage)) 14. 04/03/84 Ltr from John E. Glenn to James R. Grasso (1 page) '15. 11/16/84 Ltr from John E. Glenn to James R. Grasso (2 pages) i 16. 01/08/85 Ltr from John E. Glenn to James R. Grasso (1 page) 17. 01/14/85 Ltr from Len D. Spaulding to Dr. John Glenn (1 page) l

f 1e 2 4 1 NCL DATE DESCRIPTION /(PAGE COUNT) 18. 01/17/85 Ltr from James R. Grasso to Dr. John E. Glenn (3 pages) i .19. 02/25/85 Ltr from Len Spaulding to Dr. John E. Glenn (1 page) - 20. 02/25/85 Telephone or Verbal Conversation Record (1 page) 1 l 21. 03/06/85-Ltr from John E. Glenn to Len D. Spaulding (2 pages) ) l 22. 04/25/85 Ltr from Len Spaulding to Dr. John E. Glenn (1 page) 23. '05/28/85 Ltr from John E. Glenn to Len Spaulding (2 pages) 24. 08/14/87 Ltr from Thomas K. Thompson to Len Spaulding (2 pages) 25. 07/06/87-Ltr Len Spaulding to Dr John E. Glenn (1 page) . - 26. 04/12/88 Safety Inspection (11 pages) 1

27.

02/20/90 Ltr from Dr. Len Spaulding to USNRC Region I (8 pages) 28. 04/03/90 Ltr from Doris J. Foster to James R. Grasso (1 page) ' 29. 08/31/90 Ltr from Len D. Spaulding to USNRC Region 1 (1 page) l i 30. 10/01/90 Ltr from Dr. Len Spaulding to USNRC, Region I (83 pages) 31. 10/23/90 Ltr from John D. Kinneman to August L. DeVico 11, CHMM (48 pages) 32. 01/02/91 Ltr from John D. Kinneman to August L. DeVico 11 (6 pages) 33. 01/09/91 Memorandum from John D. Kinneman to Louis M. Bykoski (2 pages) ' 34. 03/15/91 Ltr from Scott W. Dennerlein to Mr. Chip Devico (11 page) l. l

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DESCRIPTION /(PAGE COUNT). 3 5,. 04/03/91 Ltr from August L. De Vico il to Lewis Casabona'(1 page) 36; 04/03/91: Ltr from August L. De' Vico'il to USNRC, Region I (1 page) 37.'. 04/11/91 Conversation Record (1 page)

38. > 06/11/91-Conversation Record (1 page)
39.. 07/05/9.1 Request For Analysis (5 pages) 40.

08/14/91 Ltr from John D. Kinneman to James R. Grasso (4 pages) 41. 08/16/91 . Telephone Or Verbal Conversation Record (1 page) - 42. 08/20/91 Ltr from Marlene J. Taylor to James R. Grasso (1 page) 143. ~ 03/25/99. 0 Request For Analysis (2 p' ages)

44. - 04/15/99 Ltr from Craig Z. Gordon, to David Kelly (6 pages) 45.

' No date'- Diagram Of Surveyed Area (1 page) l 1 i

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T RE: FOIA 318 APPENDIX B RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS ) i 1. 03/01/79 Ltr from James R. Grasso to Joseph M. Brown, Jr. (3 pages) Exemption #6 2. 03/30/84 Application For Byproduct Material License (10 pages) Exemption #6 i i i -}}

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