ML20236J833

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Final Response to FOIA Requests for Documents.App D Records Being Withheld in Part (Ref FOIA Exemption 4).App E Records Being Withheld in Entirety (Ref FOIA Exemption 4)
ML20236J833
Person / Time
Issue date: 06/30/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: De La Paz A
AFFILIATION NOT ASSIGNED
Shared Package
ML20236J837 List:
References
FOIA-LA-P97-493, RTR-REGGD-04.015, RTR-REGGD-4.015 NUDOCS 9807090029
Download: ML20236J833 (4)


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NRC FORM 464 Ptrt i U.S. NUCLEAR REGULATORY COMMISSIOh RESPONSE NUMBER FOIA/PA 97-493 3

  1. p""ne % RESPONSE TO FREEDOM OF 0 E INFORMATION ACT(FOIA)/ PRIVACY RESPONSE ACT (PA) REQUEST TYPE M _- ^

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REQUESTER DArE Mr. Andrew De La Paz II E PART 1. -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.

] [ APPENDICES ~] Agency records subject to the request that are identified in the listed appendices are already available for l ] public inspection and copying at the NRC Public Document Room.

NPPENDICES' Agency records subject to the request that are identified in the listed appendices are being made available for I D public inspection and copying at the NRC Public Document Room.

] Document Room,2120 L Street, NW, Washington, DC.Endosed is information on how you may obtain access to a rF APPENDICES M D 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 ar.d direct response to you, i] We are continuing to process your request.

Q This completes NRC's action on your request.

PART l.A - FEES rg Fees ikuouNT

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

j , p None. Minimum fee threshold not met.

453.82 l$ - l h, You will receive a refund for the amount listed.

b Fees waived.

PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

y" the reasons stated in Part 11.Certain information in the requested records is being withheld from disclosure pursuant to the exem y~ Washington, DC 20555-0001.This Clearly state determination may on the envelope and beletter in the appealed that it is awithin 30Appeal."

"FOIA/PA days by writing to the FOIA/PA Officer, PART l.C COMMENTS (Use attached Comments continuation page if required)

Search - I br. professional at $33.67 per hr. = $33.67 Review - 51/2 hr. professional at $33.67 per hr. = $185.15 Repro - 1175 pages at $ 20 per page = $235.00 TOTAL = $453.t2 Advance Payment = $453.76 You will not be billed for the 5.06 difference.

SaGNAIU ' - F RE EDOM O 5 0RMA rlON C AND o

AC 'T OF CER Rus ell A. Powe f ',

9807090029 980630 PDR FOIA

, DE LA P97-493 PDR NRc FORM 464 Part 1 (3-1998) PRINTED oN RECYCLED PAPER This fonn was designed using informs

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NRC FORM 464 Part in U.S. NUCLEAR REGULATORY COMMISSION DATE RESPONSE TO FREEDOM OF INFORMATION FOIA/PA 97-493 l

ACT (FOIA) / PRIVACY ACT (PA) REQUEST 9 S9 8 I

PART ll.A - APPLICABLE EXEMPTIONS I

(N0 D, L ICE,8__{ i Records subject to the request that are described in the enclosed Appendices are being withheld in 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)).

] Fvemption 1: The withheld information is properly classified pursuant to Executive Order 12958.

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

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E] Exemption 3: The withheld information is specifically exempted from public disclosuro by statute indicated.

I o Sections 141 145 of the Atom;c Energy Act, which prohibits the disclosure of Restricted Data or Formerty Restricted Data (42 U S.C.

I 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  !

- 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.

l Q Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicatec Q The information is considered to be confidential business (propnetary)information.

I h The information is considered to be proprietary because it concems a licensee's or applicant's physical protection or material control and j 'J 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).

R Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng litigation LJ Applicable privileges:

R Delibera*ive process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the L_; deliberative process. Where records are withheld in their enterety, the facts are inextncably intertwined with the predecisional infom1ation 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 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 i -

invasion of personal privacy. j r Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) l

u 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 recipients to take action to shield potential wrongdoi requirements from investigators).

] (C) Disclosure would constitute an unwarranted invasion of personal privacy.

~

i (D) The information consists of names ofindividuals and other information the disclosure of which could reasonably be expected to reveal identities of confidential sources.

P (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, of guidelines that could reasonably be expected to risk circumvention of the law.

l '~~ (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.

"OTHER (Specrfy)

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 contrartto the public interest. The person responsible for the dental are those officials identified below as denying officials and the FOIANA Officer for any i danials that may be appealed to the Executive Dire:: tor for Operations (EDO).

~IEEI5U U h ~

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~ TIILE/ OFFICE R5 CORDS DENIED .$yoyle

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~ D/l, Ell

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Ellis555e~rNhoff ~ ' Regional Administrator,~ Region lV x

_ _ _ _ _.__ _ _ _ . _ ._ ~- _ _ _ _ _ - - _ . .

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Ap'peafm'usihe~made in writ'ing within 30 cays of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, V/ashington, 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 11 (31998) PRIN TED ON RECYCLED PAPER This torrn was designed using inForrns

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Re: FOIA/PA-97 493 APPENDIX D RECORDS BEING WITHHELD IN PART l l

l MQ, DATE DESCRIPTIONHPAGE COUNT)/ EXEMPTIONS l

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1. Undated Quality Assurance Manual, Environmental Analysis Department, l

Compliance with 10 CFR 50, Appendix B, Compliance with i Regulatory Guide 4.15, IWL-0031-395 (53 pages) EX. 4

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I Re: FOIA/PA-97-493 APPENDIX E l l

RECORDS BEING WITHHELD IN THEIR ENTIRETY RQ DATE DESCRIPTION /fPAGE COUNT)/EXEMPTIQRS

1. 4/17/95 Quality Control, Internal Controls and Audits, Environmental Analysis Department, IWL-0032-365 (54 pages) EX. 4 l

. J1A/PA REQUtiSI awoNo: 7I~ - - -

l Date Redd: /2'30~U -

Pd Vista Technologies, Inc. gg 756 Sweetwater Circle -

RolatedCase:

Old Ilickory TN 37138 December 23,1997 Nuclear Regulatory Commission Division of Freedom ofinformation Washington DC 20555

Subject:

FOIA Request for NRC License for Gutierrez-Palmenberg, Inc. (Las Vegas NV)

To Whom It May Concern:

, I would like te get a copy of the NRC License Package for Gutierrez-Palmenberg, Inc.,

located in Las Vegas NV. I am specifica'ly interested in complete copies of the l following documents: (1) Radiation Safety Manual; (2) Project Quality Assurance Plan; l (3) Project IIealth and Safety Plan; and (4) Radiation Worker Training Study Guide.

Please let me know what the estimated cost for this request is and any further information you may require. My telephone number is (615) 874-7887, fax number is (615) 874 j 1335, and my e-mail address is yistanash@worldneLatt. net. Thank you for your help.

I Sincerely, l

'f) / 0. L Andrew De La Paz Engineer l Vista Technologies, Inc.

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