ML20236T623

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First & Final Response to FOIA Request for Records.Records in App a Being Made Available in PDR & Encl.Records in App B Partially Withheld Per Exemption 6
ML20236T623
Person / Time
Site: Palisades, Quad Cities, Zion, 05000365  Constellation icon.png
Issue date: 07/22/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Kemper R
CHICAGO TRIBUNE, CHICAGO, IL
Shared Package
ML20236T625 List:
References
FOIA-98-156 NUDOCS 9807280296
Download: ML20236T623 (6)
v • d • e


Text

__- _ _ _ _ - _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ - _ _ _ _ - - _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ - - _ _ _ - _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _

i' NRC FORM 464 Pitt i U.S. NUCLEAR REGULATORY COMMISSION RESPONSE NUMBER

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FOIA/PA 98-156 RESPONSE TO FREEDOM OF k

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INFORMATION ACT(FOIA)/ PRIVACY 0

RESPONSE -

i ACT (PA) REQUEST TYPE E-Mr. Robert J. Kemper 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.

l IAPPENolCES~~

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.

APPENDICEF ^

Agency records subject to the request that are identified in the listed appendices are being made available for A&B public inspection and copying at the NRC Public Document Room.

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~ Enclosed information on how you may obtain access to and the charges for copying records located at the NRC Public l

- Document Room 2120 L Street, NW, Washington, DC.

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' APPENDICES' ~

V Agency records subject to tne request are enclosed.

gg Recorils subject to the request that contain intu..wation originated by or of interest to another Federal agency have been

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

We are continuing to process your request.

g This completes NRC's action on your request.

PART l.A - FEES g~ F.ees AMOUNT

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

g None. Minimum fee threshold not met.

I You will receive a refund for the amount listed.

Fees waived.

  • See nts PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been locned.

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

y Washington, DC 20555-0001.This determination may be appealed within 30 days by writing to the FOIA/PA Offic Clearly state on the envelope and in the letter that it is a "FOlA/PA Appeal."

PART 1.C COMMENTS (Use attached Comments continuation page if required)

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SIGNA UNE.fMLL

)NF ONM NON f Aldr.dRIVACY ACT OFFICER j

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. Powell 9807200296 980722 f

PDR FOIA KEMPER98-156 PDR k

l NRC FORM 464 Part 1 (3-1998)

PRINTED ON RECYCLED PAPER This form was designed using informs

_._______..____ A_F O_Yd hN. k _... _..

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NRC FORM 464 Part 11 U.S. NUCLEAR REGULATORY COMMISSION DATE l

RESPONSE TO FREEDOM OF INFORMATION FOIA/PA 98-156 h 2 2 MB ACT (FOIA) / PRIVACY ACT (PA) REQUEST l

' Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under PART ll.A - APPLICABLE EXEMPTIONS l

NotcEs l

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)).

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Exemption 1: 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.

j Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated Sections 141 145 of the Atomic Eneigy Act, which prohibits the disclosure of Restncted Data or Formerly Restricted Data (42 U.S C.

2161-2165).

J

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

U,S C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an

ecutives agency to any person under section 552 of Title 5. U S C. (the FOtA), except when incorporated into the contract between the

.gency and the submitter of the proposal.

q 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 (propnetary) information.

The information is considered to be propnetary because it concerns a licensee's or applicant's physical protection or matenal control and j

accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).

i 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 dunng htigaion. Applicable privileges:

Deliberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the dehberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional informanon. 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)

Attorney-chent pnvilege. (Confidential communications between an attorney and his/her client)

f Exemption 6
The withheld information is exempted front public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.

v 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 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 unwarranted invasion of personal privacy.

(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 prosecutions, or guidelines that could reasonably be expected to nsk circumvention of the law.

(F) Disclosure could reasonably be expected to endanger the hfe or physical safety of an individual.

OTHER (Specify)

PART ILB - 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 contrary to the public int;rsst. The person responsible for the denial are those officials identified behw as denying officials and the FOIA/PA Officer for any dini1Is that may be appealed to the Executive Director for Operat:ons (EDO).

y DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED l

Anette Vietti-Cook

' Assistant Secretary App. B/12 & 15 y

llugh 1 Thompson Dep. Esec. Dir. for Regulatory Programs App. B/2,8,9,11,14, & 17 g

' Dennis li Rathbun

' Director, Office of Congressional Affairs

~ A pp. B/1,3-7, H/13,16,18-21 x

Willitm M. Beecher

' Director, Office of Public Affaris App. H/10 g

Appeal must be made in wnhng 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 cle:rly state on the envelope and letter that it is a *FOIA/PA Appeal."

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NRC FORM 464 Partil (31998)

PRINTFD ON RECYCLED PAPER This form was designed using informs l

L__________________.

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  • 1 FOIA-98-156 APPENDIX A l

RECORDS BEING RELEASED IN THEIR ENTIRETY MQ, DATE DESCRIPTION /(PAGE COUNT) l 1.

5/24/93 Letter to Carol Moseley-Braun from J Taylor with enclosures l

(12 pages) l 2.

8/6/93 Letter to Carol Moseley-Braun from J Taylor (2 pages) 3.

12/30/93 Letter to Carol Moseley-Braun from J Taylor (2 pages) 4.

1/31/94 Letter to Carol Moseley-Braun from J Taylor (2 pages) 5.

7/19/94 Letter to Carol Moseley-Braun from J Taylor (1 page) 6.

8/4/94 Letter to Carol Moseley-Braun from K Rogers with enclosure (3 pages) l 7.

10/31/94 Letter to Carol Moseley-Braun from l Selin (1 page) 8.

1/27/95 Letter to Carol Moseley-Braun from J Taylor (2 pages) 9.

11/26/96 Letter to S Jackson from Carol Moseley-Braun (1 page) l 10.

2/21/97 Letter to Carol Moseley-Braun from S Jackson (1 page) 11, 4/1/97 Letter to Carol Moseley-Braun from L Callan with enclosures (9 pages)

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12.

5/3/93 Letter to D Rathbun from Carol Moseley-Braun with enclosure l

(2 pages) h 13.

5/7/93 Letter to Carol Moseley Braun from D Rathbun (1 page) 14.

2/3/93 Letter to Carol Moseley-Braun from D Rathbun (1 page) i 15.

9/2/97 Letter to Carol Moseley-Braun from D Rathbun (1 page) 16.

9/23/97 Letter to Carol Moseley-Braun from L Callan (2 pages)

.17.

7/6/93 Letter to D Rathbun from Carol Moseley-Braun (2 pages)

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2 18.

12/21/93 Letter to Carol Moseley-Braun from D Rathbun (1 page) 19.

3/19/97 Letter to Carol Moseley-Braun from D Rathbun (1 page) 20.

9/2/97 Letter to Carol Moseley-Braun from D Rathbun (1 page) l I

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FOlA-98-156 APPENDIX B RECORDS BEING WITHHELD IN PART HQ, DATE DESCRIPTION /IPAGE COUNT)/ EXEMPTIONS 1.

1/20/93 Letter to NRC from Carol Moseley-Braun with enclosures (3 pages)

EX.6 2.

2/23/93 Letter to Carol Moseley-Braun from J Taylor with enclosures (3 pages)

EX.6 3.

12/3/93 Letter to D Rathbun from Carol Moseley-Braun with enclosure (2 pages) EX. 6 I

4.

12/17/93 Letter to D Rathbun from Carol Moseley-Braun with enclosure (2 pages) EX. 6 5.

5/27/94 Letter to D Rathbun from Carol Moseley-Braun with enclosures (8 pages) EX. 6 6.

5/13/94 Letter to D Rathbun from Carol Moseley-Braun with enclosure (6 pages) EX. 6 7.

5/31/94 Letter to Carol Moseley-Braun from D Rathbun (1 page) EX. 6 8.

6/17/94 Letter to Carol Moseley-Braun from J Taylor (2 pages) EX. 6 9.

6/27/94 Letter to J Taylor from Carol Moseley-Braun with enclosure (2 pages) EX. 6 10.

10/28/94 Letter to J Fouchard from Carol Moseley-Braun (1 page) EX. 6 enclosing correspondence from individual (10 pages) EX. 6 ENTIRETY; Factors Which Must be Addressed When Submitting a FOIA Fee Waiver Request 10 CFR 9.41(b) (1 page) RELEASE 11.

11/28/94 Letter to Carol Moseley-Braun from J Taylor with enclosures (4 pages) EX. 6 12.

2/15/96 Letter to S Jackson from Carol Moseley-Braun with enclosure (3 pages) EX. 6 13.

3/5/96 Letter to Carol Moseley-Braun from D Rathbun (1 page) EX. 6 14, 3/15/96 Letter to Carol Moseley-Braun from J Taylor (1 page) EX. 6 u__________________---_--_._

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15.

4/30/96 Letter to S Jackson from Carol Moseley-Braun with enclosures (5 pages) EX. 6 16.

5/13/96 Letter to Carol Moseley-Braun from D Rathbun (1 page) EX. 6 17.

5/20/96 Letter to Carol Moseley-Braun from J Taylor (1 page) EX. 6 18.

3/10/97 Letter to D Rathbun from Carol Moseley-Braun with enclosure.

(2 pages) EX. 6 19.

8/21/97 Letter to D Rathbun from Carol Moseley-Braun with enclosure j

(2 pages) EX. 6 20.

12/11/97 Letter to C Kammerer from Carol Moseley-Braun (1 page) EX. 6 Correspondence from Individual (4 pages) EX. 6 1

21, 12/31/97 Letter to Carol Moseley-Braun from D Rathbun (1 page) EX. 6 l

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