ML20237F146

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First Final Response to FOIA Request for Documents.Records in App a Available in Pdr.Records in App B Withheld in Part (Ref FOIA Exemption 6)
ML20237F146
Person / Time
Issue date: 08/27/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Loven J
AFFILIATION NOT ASSIGNED
Shared Package
ML20237F148 List:
References
FOIA-98-265 NUDOCS 9809020089
Download: ML20237F146 (6)
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[*% p0 98-265

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a S RESPONSE TO FREEDOM OF  !

g j INFORMATION ACT (FOIA) / PRIVACY RESPONSE

% / ACT (PA) REQUEST TYPE g NAL MIAL HEQutSTER l

DATE Ms. Jennifer Loven b 2 7 696 PART l. -lNFORMATION RELEASED No additional agency records subject to the request have been located.

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

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

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

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'Enciosed 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.

y APPENDICES V gg 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.

We are continuing to process your request.

See Comments.

PART 1.A - FEES AuouNT* 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.

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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 II.Certain information in the requested records is being withheld from disclosure pursuant to g 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 l.C COMMENTS (Use attached Comments continuation page if required)

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'e .t 9809020089 900827 PDR FOIA LOVEN98-265 PDR NRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This form was designed using Inf orms

I e NRC FORM 464 Part la U.S. NUCLEAR REGULATORY COMMIS$10N FOIA/PA DATE TESPONSE TO FREEDOM OF INFORMATION g' ACT (FOIA) / PRIVACY ACT (PA) REQUEST f

APPENotCES PART li.A - APPLICABLE EXEMPTIONS O Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under 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))

l 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.

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 dis-losure of Restncted Data or Formerly Restncted Data (42 U S C 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 0., 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 Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated.

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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 material 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. Applicab!e pnvileges:

Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextncably 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.

Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)

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

,#F Exemption 6 The withheld information is exempted from public disclosure because its disclosure would result in a clearly i

! unwarranted invasion cf 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) focus of enforcement efforts. and thus could possibly allow recipients to take action to shield potentia NRC requirements from investigators).

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

I (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal identities of confidentialsources.

(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, of 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. '

O~lHER (Specify) l 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 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 'he Executive Director for Operations (EDO).

DENYING OFFICIAL TITLE / OFFICE ^PPElt. ATE OFFICIAL RECORDS DENIED ED Annette Vietti-Cook Assistant Secretary A pp. B/12& l5 Y

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

~ Director, Office of Congressional Affairs d

DennisA. Rathbun ' App. B/lJ.7,B/13.16,18-21 Director, Office of Public Affairs Y

William M. Beecher App. B/10 Y

Appeal must be made in writing 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 clearly state on the enve, ope and letter that it is a "FOIA/PA Appeal."

NRC FORM 464 Pan il (6-1998) PRINTED ON RECYCLED PAPER This form was designed using inf orms

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h FOIA-98-26 5 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY

[ RECORDS AVAILABLE IN PDR UNDER FOIA/PA 98-156]

MQ, DAIE DESCRIPTIONhPAGE COUNT)

1. 6/24/93 Letter to Carol Moseley-Braun from J Taylor with enclosures (12 pages) 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)
7. 10/31/94 Letter to Carol Moseley-Braun from I 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 pahe)
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)
12. 5/3/93 Letter to D Rathbun from Carol Moseley-Braun with enclosure (2 pages)
13. 5/7/93 1.etter to Carol Moseley-Braun from D Rathbun (1 page)
14. 2/3/93 Letter to Carol Moseley-Braun from D Rathbun (1 page) 1
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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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) 4 I

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!*O FOIA-98 26 5 APPENDIX B RECORDS BEING WITHHELD IN PART

[ RECORDS AVAILABLE IN PDR UNDER FOIA/PA 98-156]

l Nfa DATE DESCRIPTION /fPAGE COUNT 1/ EXEMPTIONS ~

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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
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 pa,ge) 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 l

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

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