ML20236X482

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Partial Response to FOIA Request for Documents.App a Records Encl & Available in Pdr.App B Records Partially Withheld (Ref FOIA Exemption 4).App C Records Completely Withheld (Ref FOIA Exemption 5)
ML20236X482
Person / Time
Site: 07200022
Issue date: 08/03/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Chancellor D
AFFILIATION NOT ASSIGNED
Shared Package
ML20236X484 List:
References
FOIA-98-213 NUDOCS 9808100043
Download: ML20236X482 (5)
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i NRO FORM 464 Port i N U.S. NUCLEAR REGULATORV COMMISSION t-UIAlt'A RESPONSE NuCBER I

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["% [)p 98-213 1 P RESPONSE TO FREEDOM OF 5

h INFORMATION ACT(FOIA)/ PRIVACY RESPONSE k-/ *ee<*

ACT (PA) REQUEST TYPE  !} M I^'

HEQuEblEH DATE Denise Chancellor '4UG 0 31998 PART 1. -INFORMATION RELEASED

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

] Raquested records are available through another public distribution program. See Comments section.

APPENDICES Agency records subject to the request that ara identified in the listed appendices are already available for

{- -] public inspection and copying at the NRC Public Document Room.

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{APPEN Agency records subject to the request that are identified in she listed appendices are being made available for

'- 1 A, B 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 Document Room,2120 L Street, NW, Washington, DC.

Fy APPENDICE S 'I VJ Agency records subject to the request are enclosed.

4g Record subject to the request that cr ntain information originated by or of interest to another Federal agency have been

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

Q We are continuing to process your request.

( l See Commtats.

PART l.A - FEES l AuouNT * ^ } You will be billed by NRC for the amovat listed. j l None. Minimum fee threshold not met.

] ll ll You will receive a refund l j Feeswaiver for the amount liste

$o?ta?

PART 1.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

[] No agency records e,ubject to the request have been located.

Q' the reasons stated in Part II.Certain information in the requested records is being withheld from disclosure pursuant t t -

Q This determination may be appealed within 30 days by wnting 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 l.C COMMENTS (Use attached Comments continuation page if required) l i

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divNAi u t. - t we e es - uRwium A ryu e.M Au Ad VO id f4 m.+ , w Russell . Powell 9808100043 980803 PDR FOIA CHANCEL 98-213 PDR PRINTEo oN RECYCLED PAPER This form was designed using informs NRc FORM 464 Pad 1 (6-1998) 98MIO.CO %3

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, NRC FORM 464 Part 11 U.S. NUOL EAR REGULATORY COMMISSION FOIA/PA DATE e.m RESPONSE TO FREEDOM OF !NFORMATION "g . .

i ACT (FOIA)/ PRIVACY ACT (PA) REQUEST l

l _ _ _ _ PART ll.A - APPLICABLE EXEMPTIONS I ""9 _l Records subject t 4 request that are described in the enclosed Appendices are being withheld in their entirc'y or in part under the EL j Exemption No (s' ie PA and/or the FOIA as indicated below (5 U.S.C. 552a and/or 5 U.S C. 552(b)).

[ Exemption 1: The withb* normation is properly classified pursuant to Executive Order 12958.

[ Exemption 2: Tne withheld InformatWn 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.

2161 2160

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

] 41 U.S.C., Section 2So(b), subsection (m)(1), prohibits the disclosure of contractor pioposals 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.

Q Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated.

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

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

[ The information was submitted by a foreign source and received in confidence pu rsuant to 10 CFR 2.790(d)f2).

Q*J Exemption 5: The withheld information Consists of interagency or intraagency records that are not available itdough discovery during litigation.

Applicable privileges:

R Deliberative process: Disclosure of predecisional information would tend to in hibit the open and frank exchange of ideas essential to the I U deliberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional information. l There also are no reasonab:y segregable factual portions because the release of the fac's would permit an indirect inquiry into the predecisional process of the agency.

[] Attomey work product pnvilege. (Documents prepared by an attorney in contemplation of litigation)

M Attome client r pnvilege (Confidential communications between an attomey and his/her client)

Fl Exemption 6: The withheld information is exempted from public disclosure because its disclos ure would result in a clearly unwarranted invasion of personal pnvacy.

IR Exemption 7: The withheld information consists of records compiled for law enforcement purpo ses and is being withheld for the reasongs)

" indicated Disclosure could reasonably be expected to interfere wit. an enforcement proceeding (e g., it would reveal the scope, direction, and Il

" (A) focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing requirements from investigators).

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

R (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.

I'l (E) Disclosure would reveal techniques and procedures for law enforcement investiga tions or prosecutions, or guidelines that could W 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 11.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g),9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulat ory Commission regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or dtsclosure is contrary to the public interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA'PA Officer for any denials that may be appealed to the Exncutive Director for Operatim (EDO).

APPELLATE OFFICIAL DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED r

, EDO - - -SECY--- IG Carl J. l'aperiello ,

Dirntor. MISS Appendis 11 i y

Joseph R. Gruv

  • Awociate General Coun el for I.icensing and

_ Regubtiont . _ , ._ _ _ __

Appendis C y,

Appeal must be made an writing mthin 30 days of receipt of this response. App cals should be mailed to the FOIA/Pnvacy Act Officer, U.S. Nuclear Regulatory Commission Washington, DC 205SS-0001, for action by th e appropnate appellate official (s). You should clearly state on the envelope end letter that it is a "FOIA/PA Appeal."

NRC FORM 464 Pa1 ft (6-1993) PRINTED ON RECYCLED PAPER This form was designed usmg :nFows

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i FOIA-98-213 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)

NO. DATE DESCRIPTION /(PAGE COUNT) 1, 10/24/97 Memo to B. Meehan from S. Fortuna re: Modification of SWR 1 Contract for Operation of the CNWRA for Technical Support to NRC Staff in the Review of a Topical Safety Analysis Report submitted by PFS, Limited Liability Company for the PFS Famility (13 pages)

2. 01/02/98 Ltr. to C. Pugh from J. Linehan re: Project Startup for Environmental Assistance for Spent Fuel Review (21 pages)
3. 03/12/98 Standard Order for DOE Work (19 pages)

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FOIA-98-213 APPENDIX B RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 01/21/98 Ltr. to P. Kinney from L. McCold re: Task proposal for Task 2 of J5170 (11 pages)

Bracketed information withheld under Exemption 4

2. 02/17/98 Report prepared by CNWRA tor NRC re: Operations Plan for Technical Assistar.ce to the SFPO on NWPA-Related Projects (10 pages)

Brackeied information withheld under Exemption 4

3. 02/23/98 Ltr. to P. Kinney from L. McCold re: Spending plan with revised pages and attachments as requested (5 pages)

Bracketed information withheld under Exemption 4 l

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Re: FOI A-98-213 APPENDIX C FIECORDS BEING WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1, 10ri7/97 Memorandum from C. William Reamer to Shirley Fortuna on Technical Support from the Center for Nuclear Waste Regulatory Analyses for the review of a Topical Safety Analysis Report submitted by Private Fuel Storage. (3 pages) Exemption 5, Attorney-Client Privilege

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