ML20216C476

First Partial Response to FOIA Request for Documents. Forwards Documents Listed in App a in Entirety

ML20216C476
Person / Time
Issue date:	05/12/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Carroll R AFFILIATION NOT ASSIGNED
Shared Package
ML20216C479	List: ML20216C476
References
FOIA-98-147 NUDOCS 9805190278
Download: ML20216C476 (4)

Text

NRC FOR14 464 Pirt i  % U.S. NUCLEAR REGULATORY COMMISSIOh RESPONSE NuMIER

1. "' FOlAIPA 98-147 OD / 'og h\bO I

1. ' RESPONSE TO FREEDOM OF 5

INFORMATION ACT(FOIA)/ PRIVACY k' * . . . + ACT (PA) REQUEST

RESPONSE

TYPE E-REQuEbiER oATE

! Mr. Ronald N. Carroll II W PART l. -INFORMATION RELEASED (See checked boxes)

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

~'

Requested records ara available through another public distnbution program. See Comments section.

APPENDICES ^~~ Ager.cy records subject to the request that are identified in the listed appendices are already available for

' pubhc inspection and copying at the NRC Public Document Room.

APPENDICES Agsney records subject to the request that are identified in the listed appendices are being made available for A ~

public inspection and copying at the NRC Public Document Room.

Enclosed is inforriation 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.

y ' PPENDICEs~~

A i V g Agency records subject to the request are enclosed. j

~

~ Recordsubject to the request that contain information originated by or of interest to another Federal agency have been

- referred to thi t agency (see comments section) for a disclosure determination and direct response to you.

g We are contiauing to process your request.

This completes NRC's action on your request.

PART l.A -- FEES

-~ Fm AuoVNT

• You will be oilled by NRC for the amount listed. None. Minimum fee threshold not met.

~

~

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

see comments for details PART l.B INFORMATION NOT LOCATED OR W11HHELD FROM DISCLOSURE No r gency records subject to the request have been located.

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

g This determination may be appealed within 30 days by wnting to the FOIA/PA Officer, U S. Nuclear Regulatory Commission, V/ashington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."

PART 4.C COMMENTS (Use attached Comments continuation page if required) m

\ ' g f

\, SIGNy HE,FRf) INF L IlO Af AND PRIVACY ACT OFFICLH

~ L +., 4 w ,

Rus llA. Pow 9805190278 980512 PDR FOIA

- CARROLL 90-147 PDR NRc FORM 464 Part 1 (31998) PRINTED ON RECYCLED PAPER TNs form was designed using informs

f NRC FORM 464 Pert li U.S. NUCLEAR REGULATORY COMMISSION DATE

'i I 34998) g RESPONSE TO FREEDOM OF INFORMATION FOIA/PA 98-147  !

ACT (FOIA) / PRIVACY ACT (PA) REQUEST

%l2 G APPENDICES PART ll.A - APPLICABLE EXEMPTIONS l Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or en part under th t l H Exemption No (s) of the PA and/or the FOlA as indicated below (5 U S C. 552a and/or 5 U S C. 552(b)).

Exemption t The withheld information is properly classified pursuant to Executive Order 12958.

Exemption 2 The withheld information relates solely to the intemal personnel rules and procedures of NRC.

Exempt'nn 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 Restncted Data (42 U.S C.

t 2161-2165).

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

l 41 U.S C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an l executive agency to any person under section 552 of Title 5. U S C. (the FOlA), 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 mthheld for the reason (s) indicatec 1

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

The information is considered to be propnetary because it concerns a licensee's or applicant's physica! protection or matenal control and accounting program for special nuclear matenal pur suant 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 dunng litigation l v Apphable pnvileges:

_F Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the V deliberative process Where records are withheld in their entirety, the facts att inextncably intertwned with he predecisional inMrmation There also are no reasonably segregable factual portions because the release of the facts would permit an 'ndtrect inquiry into ine predecisional process of the agency.

Attorney work-product privilege (Documents prepared by an attorney in conteriiplation of litigation)

Attorney client privilege (Confidential communications betweer an attorney and his/her client) g Exemption 6. The withheld information is exempted from oublic disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy.

Exemption 7: The withhe:d information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated (A) Disclosure could reasonably he expected to interfere with an enforcement proceeding (e g . It would reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators).

(C) Disclosure would constitute an unwarranteJ invasion of personal privacy (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to revea!

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 life or physical safety of an individual.

OTHEtt Wpecify)

PART ll.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 interest. The person responsible for the denial are those officials idenSfied below as denying officials and the FOlA/PA Officer for any denials that may be appealed to the Executive Diiector for Operations (EDO).

DENYING OFFICIAL TITLE / OFFICE Director,Offke for Analpis and Esaluatiun of ' B!l RECORDS DENIED ((o ((

Thomas T. Martin x Operational Data

~

Appeal must bimade 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 clearly state on the envelope and letter that it is a "FOIA/PA Appeal."

NRC FORM 464 Part ll (11998) PRINTED ON RECYCLED PAPER Tius form was de@gned using informs

(O

\ j Re: FOIA/PA 98-147 APPENDIX A RECORDS BEING RELEASED IN THElR ENTIRETY NQ DATE DESCRIPTION /f PAGE COUNI)

1. Undated NRC Strategic Plan, Phaselli (24 pages)

' 2. 09/18/96 Announcement No. 69 to All NRC Employees,

Subject:

Strategic Assessment and Rebaselining Initiative (2 pages)

3. 02/24/97 Slides, Strategic Assessment end Rebaselining Overview and Status Briefing, Senate Committee on Environment and Public Works (27 pages)

4. 04/14/98 Excerpt from Release No. 98-58,"NRC Staff Report Recommends .

Ways to improve Agency's Ccmmunications with Public" (4 pages) I

i s

b Re: FOIA/PA-98-147 i

APPENDIX B RECORDS BEING WITHHELD IN THEIR ENTIRETY l

MQ, DATE DESCRIPTION /fPAGE COUNTl/ EXEMPTIONS

1. Undated Draft leter to McGraw-Hill Companies from T. Martin,

Subject:

Daily Plant Status Reports (2 pages) EX. 5 i