ML20237C643
| ML20237C643 | |
| Person / Time | |
|---|---|
| Issue date: | 08/10/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Friedman C AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20237C646 | List: |
| References | |
| FOIA-98-19 NUDOCS 9808240040 | |
| Download: ML20237C643 (4) | |
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, NRC FORM 464 Pirt i U.S. NUCLEAR REGULATORY COMMISSION t- U LAll'A RESPONSE Nu;BER (s.t e98)
/ " %, MM 98-019 5
- e RESPONSE TO FREEDOM OF
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INFORMATION ACT(FOIA)/ PRIVACY RESPONSE g FINAL PARTIAL
% ACT (PA) REQUEST TYPE HLQul5lEH DATE Christine Yoon Friedman F Agg ; o ;ggg PART l. -INFORMATION RELEASED No additional agency records subject to the request have been located.
Requested records are available through another public distnbution program. See Comments section.
APPENDICES Agency records subject to the request that are identified in the listed anpendices are already available for public inspection and copying at the NRC Public Document Room.
APPE NDiCE S Agency records subject to the request that are identified in the listed appendices are being made available for E,F public inspection and copying at the NRC Public Document Room.
Enclosed is iriformation 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.
'y APPENulCE s V yy 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 and direct response to you. .
i We are continuing to process your request. j See Comments.
PART l.A -- FEES AMOUNr * ' You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.
$ 11.40 You will receive a refund for the amount listed. Fees waived.
~ fo'r*oE**
PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.
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 11.
g 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 reouired)
The actual fees for processing your requnt are:
2 hrs. professional search @ $35.67 = $71.34 2 hrs, clerical search @ $17.39 = $34.78 3 hrs. SES review @ $67.09 14.5 hrs. professional re icw @ $35.67 = $517.08
= $201.27 gg 4 hrs. clerical review @ $17.39 = $69.56 Duplication of 1,136 pages @ 50.20 per page = $227.20 Tot::1 = $h,121.23 v /
(LESS ADVANCE PAYMENT OF $1,109.83) = $11.40 'M /
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- F ' ' O INF (M A l iv A AND 'HivACY ALI OFilLtH N k u,,A Ru'slell A. Powell ,
< FRIEDMAN 99-19 PDR PRINTED ON RECYCLED PAPER TNs farm was oesigned using informs NRC FORM 464 Part 1 (61998) i 1 .. _ _
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,, NRC FORM 464 Port H U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DA
- TESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A -- APPLICABLE EXEMPTIONS l emoigS Records subject to the request that are desCnbed in the enclosed Appendices are being witnheid in their entirety or in part under b
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the Exemptior No (s) of the PA and/or the FOIA as indicated below t$ U S C 552a and/or 5 U S C 552(bi)
Exemption 1: The withheld information is properly Class; fled pursuant to Executive Order 12958 Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC Exemption 3 The withheld information is specifically exempted from pubhc disclosure by statute indicated Sections 141 145 of the Atomic Energy Act, which prohibits the desc!osure of Restncted Data or Formerly Restncted 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).
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 t
Jv Exemption 4. The withheld information is a trade secret or commercial or financial informat:on that is being withheld for the reason (s) indicated l
g 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 accounting program for special nuclear matenal 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)
Exemption 5 The withheld information consists of interagency or intraagency records that are not available through discovery dunng litigation Applicable pnvileges.
Deliberative process. Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the dekberative process Where records are withheld in their entirety, the facts are inextncably intertwined with the predec:sional 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 Attorney work-product pnvilege. (Documents prepared by an attorney in contemplation of litigation)
Attorney-chent 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 l unwarranted invasion of personal pnvacy 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 l NRC requirements from investigators)
(C) Disclosure would constitute an unwarranted invasion of personal pnvacy (D) The information consists of names of individuals and other information the drsclosure of which could reasonably be expected to reveal edentities 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 OTHER (Specify) i r
i 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 exernpt from production or disclosure, and that its production or disclosure is contrary to the public
! interest T' 3 person responsible for the denial are those officials identified below as denying efficials and the FOIA/PA Off cer for any l denials tha may be appealed to the Executive Director for Operations (EDO).
- " PELLATE OFTICIAL DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED D Dr. Makolm R. Knapp Atting Director. Office of Nuclear Material Safety Appendis F and Safeguards %7 I
Appeal must be made in wnting within 30 days of receipt of this response. Appeals should be mailert 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 clearly state on the envelope and letter that it is a "FOIA/PA Appeal?
NRC i oRM 464 Part ll t6-1998) PRINTED ON RLcYCLED PAPF R In1s form was oes:gneo using inf orms l
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l -1 FOlA-98-019 l
APPENDIX E RECORDS BEING RELEASED IN THEIR ENTIRETY
- M DATE DESCRIPTION 4PAGE COUNT)
- 1. 11/13/68 Letter to G Roy from H Book, Subject; U.S. Nuclear Corporation, Burbank, California, License No. SNM-1002 Telephone Call from Dr. Koch (3 pages) i
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h l FOIA 98-019 l
APPENDIX F l RECORDS BEING WITHHELD IN PART 1
N_Q DATE DESCRIPTION (PAGE COUNTl/ EXEMPTION l 1. 11/28/58 Letter to Atomic Energy Commission from A Goldstein, Isotopes l Specialties Company (1 page) RELEASE, attaching drawings (4 pages) l EX.4 l
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! Suite 3200 MW You Los Angeles. CA 90067 3206 WAsinGiogoc Telephone 310.5572900 "C"
- PROSKAUER ROSE LLP ru s10.ssnm E" Christine Yoon Friedman Attorney at Law Direct Dial s10.284 5652 -
cfriedman@ proskauer.com F0WPAP.ZQUEST CasaMO: 78' #
January 14,1998 DMe Rec'd: ._./cli- "
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Y1A FACSihilLE AND U.S. MAIL Russell Powell United States Nuclear Regulatory Commission Mail Stop T6D8 Washington, D.C. 20555 Re: FOIA Reauest
Dear Mr. Powell :
This letter is on behalf ofICN Pharmaceuticals, Inc.. Pursuant to the Freedom ofInformation Act,5 U.S.C. 552, ICN requests access to the following information:
1.
Records concerning any and all licenses issued by the Nuclear Regulatory Commission to F.ngelhardt Industries for activities conducted by Engelhardt Industries in California. This request includes, but is not limited to, applications for licenses, licenses, amendments to licenses, correspondence regarding licenses, and reports regarding investigations of activities carried out under issued licenses.
- 2. Records concerning any and all licenses issued by the Nuclear Regulatory Commission to Nuclear Corporation of America (or NIJCOR) for activities conducted by Nuclear Corporation of America in California. This request includes, but is not limited to, applications for licenses, licenses, amendments to licenses, correspondence regarding licenses, and reports regarding investigations of activities carried out under issued licenses.
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' I PROSKAUER ROSE LLP Russell Powell January 14,1998 Page 2 We would appreciate your prompt attention to this request. We will, of course, pay al copying charges. If you need any additional information, please feel free tc, contact me.
Very truly yours, lM .
Christinc Yoon Friedman ec: Lois D. Thompson, Esq.
Gregory J. Patterson, Esq.
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