ML20217P579
| ML20217P579 | |
| Person / Time | |
|---|---|
| Issue date: | 04/07/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Buckles R NUS CORP. |
| Shared Package | |
| ML20217P584 | List: |
| References | |
| FOIA-98-98, RTR-NUREG-CR-6576 NUDOCS 9804100127 | |
| Download: ML20217P579 (4) | |
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b NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION RESPONSE NUMBER j *
[m L FOlA/PA 98-098 Ist
- n RESPONSE TO FREEDOM OF E j INFORMATION ACT (FOlA) / PRIVACY RESPONSE -
l ACT (PA) REQUEST TYPE d-k'*.***/ l l
REQUESTER DATE Rod Buckles #MbU71350
- PART l. -INFORMATION RELEASED (See checked boxes)
] No additional agency records subject to the request have been located.
] Requested records are available through another public distribution program. See Comments section.
lAppcNoicts~ 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.
y- - .MENDICEs s
Agency records subject to the request that are identified in the listed appendices are being made available for A public inspection ar'd copying at the NRC Public Document Room.
~~ Eicio~s~e~d 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.
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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 determina; ion and direct response to you.
~~ We are continuing to process your request.
This completes NRC's action on your request.
PART l.A - FEES g- Fees
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AMOUNT * ~ ~ ' You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.
You will receive a refund for the amount listed.
[ Fees waived.
YdE" PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
[ No agency records subject to the request have been located.
g- the reasons stated in Part 11.Certain information in the requested records is being withheld from disclosure pursuant to the exe y This determination may be appealed within 30 days by writing to the FOIA/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 1.C COMMENTS (Use attached Comments continuation page if required)
The record identified on enclosed Appendix A is responsive to your request. The actual fees for processing your request are:
Professional Search - I hr. 36 mins. @ $35.67 per hr. = 5 92.58 Professional Review - 2 hrs.12 mins. @ $35.67 per hr. = 78.42 Ccmputer Time - 472.00 Q /
Total 643.00 Adycnce Payment 750.00 R: fund $107.00
$1GNAIUME FRIEDOM RMA ACT IVACY ACT OFFICER
% k .2% o<
R6sseII Powell 9804100127 980407 ;
PDR FOIA 1 BUCKLES 98-98 PDR \
NRC FORM 464 Part 1 (3-1998) PRINTED oN RECYCLED PAPER This form was designed usmg informs
s NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION DATE RESPONSE TO FREEDOM OF INFORMATION FOIAIPA 98-098 APR 0 7 933 ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS IAPPEN01cESR Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under
> 0 i 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 property classified pursuant to E <ecutive Order 12958.
F Exemption 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.
J 2161-2165).
Section 147 of the Atomic Energy Act, which prohibits the disclorare 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)
L- indicated.
'l The information is considered to be confidential business (propnetary) information.
The information is considered to be proprietary because it concems a licensee's or applicant's physical protection or material control and o accounting program for special nuclear material 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).
- f Exemption 5
- The withheld information consists of interagency or intrangency records that are not available through discovery during 1 litigation. Applicable priviseges:
- f Deliberative process
- Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the 1 dehberative process. Where records are withheld in their entirety, the facts are inextricably 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.
__ Attomey work-product privilege. (Documents prepared by an attomey in contemplation of litigation)
~ Attomey-client privilege. (Confidential communications betweer' an attorney and his/her client)
~Ex' emption 6: The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.
Exemption 7: The withheld information consists of records compihd for law enforcement purposes and is being withheld for the reason (s) indicated.
~ ~ (A) 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 recipients to take action to shield potential wrongdoing or a violation of NRC requirements from investigators).
] (C) Disclosv e 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 prosecutior,s, 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.
~OTHER (Specify)
PART li.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 thit the information withheld is exempt from production or disclosure, and that its production or disclosure is contrartto the public int:r:st. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denills that may be appealed to the Executive Director for Operations (EDO).
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DENElEG OUICIAL TITLEIOFFICE R'ECORDS DENIED j"fs -
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_.~ Director, NRR ~ " App,' B ^
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AApe~al'musfbe made in wnting withiri30 d4ys of receipt of this response. Appeals should be mailed to the FOI / Privacy Act Officer, U.S. Nuclear Regulatory Commission Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should cle:rly state on the envelope and letter that it is a *FOIA/PA Appeal."
NRC FORM 464 Part II (3-1998) PRINTED ON RECYCLED PAPER This form was oesigned using informs
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1 Re: FOIA-98-098 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY NUMBER DATE DESCRIPTION /PAGES ;
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- 1. 3/23/98 Computer Printout: Inspection and Associated Efforts by l
Resident and Senior Residents in FY 1997 (Response to item 2 of i request) (157 pgs.).
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'FOIA No.98-098 APPENDIX B RECORDS BEING WITHHELD IN THEIR ENTIRETY HQ, DAIE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1 Undated Pages from draft report NUREGICR-6576 (Response to item 1 -
of request)(30 pages) ' Exemption 5 NOTE: This DRAFT NUREG was written by an NRC contractor and has not been reviewed by
- NRC staff at the time of your F0IA request. ]
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