ML20216C551

First Partial Response to FOIA Request for Documents.App a Records Partially Withheld (Ref Exemptions 5 & 7c).App B Records Totally Withheld (Ref Exemption 5)

ML20216C551
Person / Time
Site:	Saint Lucie
Issue date:	05/08/1998
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Murawski J AFFILIATION NOT ASSIGNED
Shared Package
ML20216C557	List: IA-98-111, FOIA Handbook Regional Ofc Instruction (ROI) 0350, Rev 5. W/Newspaper Articles & 980227 ML20216C551 ML20216C565 ML20216C580 ML20216C591
References
FOIA-98-111 NUDOCS 9805190311
Download: ML20216C551 (4)

Text

f e e< p NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSIOh 1.EsPoNsE NuCER

('" FOlA/PA 98-111

[ no \Q)bl }

RESPONSE TO FREEDOM OF 1

E INFORMATION ACT (FOlA) / PRIVACY RESPONSE k *ese*

r-ACT (PA) REQUEST TYPE _ d- ^

l-

! REQUESTER DATE Mr. John Murawski 08 m PART l. -INFORMATION RELEASED (See checked boxes) i {} No additional agency records subject to the request have been located.

i~ Requested records are available through another public distributior, program. See Comments section.

i h IdPPENotCES~ Agency records subject to the request that are identified in the listed appendices are already available for 1 -

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.

~'

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.

• - ' NPPENDICf S Agency records subject to the request are enclosed.

~

~ Records's'ubject 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.

This completes NRC's action on your request.

PART l.A - FEES kuoONT * ' ~ ~ ~ You will be billed by NRC for the amount listed. ~ None. Minimum fee threshold not met.

I I

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

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 f the reasons stated in Part II. i This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission,  !

y- - Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."

PART l.C COMMENTS (Use Ettached Comments continuation page if required)

The staff has informed my office, that it is NRC's intent to place the Region 11 and FOIA Audit Report, with appropriate redactions,in the Public Document Room following decisions regarding the findings and associated recommended corrective actions in the reports. It is expected that decisions regarding the recommended actions will be made within the next month.

The Office of Inspector General will respond directly to you concerning their records, s

M(

/ -

, i SIGNAT RE . F R t ~ FINFO TIO A D PRIVACY ACT OH ICER et -

1A e Rus A. Powell -

i 9805190311 980508 PDR FOIA MURAWSK98-111 PDR -  !

This form was designed usmg informs I i

NRC FORM 464 Part 1 (3-1998) PRINTED oN RECYCLED PAPER Cl GoSl9O %I)

%* O o

NRC FORM 464 Port il U.S. NUCLEAR REGULAYORY COMMISSION DATE RESPONSE TO FREEDOM OF INFORMATION FOIA/PA 98-111 y 0892 ACT (FOlA) / PRIVACY ACT (PA) REQUEST APPENDICES PART ll.A - APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under tt MN 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)).

r Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958-Exelaption 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 d:sclosure by statute indicated.

^

Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted 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) l 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 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) indicatec The information is considered to be confidential business (propnotary) information.

The information is considered to be proprietary because it concerns a hcensee's or applicant's physical protection or matenal control and accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).

l The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).

i l J Exemption 5 The withheld information consists of interagency or intraagency records that are not available through discovery during htigation v Applicable pnvileges:

_f Deliberative process Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange nf ideas essential to the V deliberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional 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.

f Attorney work-product pnvilege. (Documents prepared by an attorney in contemplation of htigation) l Attorney-client pnvilege. (Confidential communications between an attorney 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 l g 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 intenere with an enforcement proceeding (e g.. it would reveal the scope, direction, and focus of enforcement efforts, and thus could posstly allow recipients to take action to shieL1 potential wrongdoing or a violation of NRC requirements from investigators)

I g (C) Disclosure would constitute an unwarranted invasion of personal pnvacy.

l (D) The information consists of nsmes 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 guidehnes 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.

i OTHER (Specify) i i l

I PART 11.B - DENYING OFFICIALS I

( 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 l that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public l interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any i Mnials that may be appealed to the Executive Director for Operations (EDO).

DtWYINO OFFICIAL TITLE / OFFICE RECORDS DENIED  ;

gg,4 g,p, Regional Administrator, Region II All y  !

L Joseph Callan becutise Director for Operations il/l x I

i 1

Appeal must be made in wnting within 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, j 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."  ;

i NRC FORM 464 Pan ll (3-1998) PRINTED ON REGYcLED PAPER Ms form was desegned using informs

. i 1

1 Re: FOIA/PA-98-111 l

APPENDIX A l RECORDS BEING WITHHELD IN PART MQ DATE DESCRIPTIONRPAGE COUNT)/ EXEMPTIONS l

1. 02/27/98 Memo to L. J. Callan from L. A. Reyes, re: Freedom of Information Act Requests involving Allegatioris (4 pages) EX. 5 with attached Lessons Learned Report (16 pages) EX. 5 with attachments Attachment 1 - Specific issues (2 pages) EX. 5 Attachment 2 - Chronology (2 pages) EX. 5 Attachmeni 3 - Review of Other FOIA Requests pages) EX. 5 Attachment 4 - FOIA Guidance (5 pages) RELE/ iED Attachment 5 - Actions Taken (4 pages) EX. 5 Attachment 6 - Revised ROI 0350 (22 pages) RELEASED Attachment 7 - Miscellaneous Documents (30 pages) IN PART '

EX. 5 & 7C l

5

F e

l, l

Re: FOlAIPA-98-111 i

1 APPENDIX B RECORDS BEING WITHHELD IN THElR ENTIRETY M DALF, DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 03/18/98 FOIA Audit Report authored by D. D. Chamberlain (35 pages) EX.

5 l

l l