ML20247Q864

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First Partial Response to FOIA Request for Documents.Records in App a & C Encl & Being Released in Their Entirety & App B Being Withheld in Part (Ref FOIA Exemptions 5 & 6)
ML20247Q864
Person / Time
Issue date: 05/19/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Ryan M
AFFILIATION NOT ASSIGNED
Shared Package
ML20247Q871 List:
References
FOIA-98-121 NUDOCS 9805290027
Download: ML20247Q864 (5)


Text

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f NRC FORM 464 Part 8

} U.S. NUCLEAR REGULATORY COMMISSION RESPONSE NuMeEn g =a FOIA/PA 98-121 l

  1. \ RESPONSE TO FREEDOM OF 5

h INFORMATION ACT (FOIA) / PRIVACY k *...'/ ACT (PA) REQUEST

RESPONSE

TYPE I-]

. I REQuESIER DATE Margaret L. Ryan MAY 19 m PART l. -INFORMATION RELEASED (See checked boxas)

] 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 fcr

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

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

]- Enclosed isTnformation on how you may obtain access to and the charges for %pying records located at the NRC Public Documant Room,2120 L Street, NW, Washington, DC.

dj Agency records subject to the request are enclosed.

Recordisiibject to the request that contain information originated by or of interet* to another Fi;deral agency have been

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

Q We are conunuing to process your requert.

] This completes NRC's action on your re^.uest.

.- PART 1.A - FEES

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woVNT * 'l j You will be billed by NRC for the amount listed. ] None. Minimum fee Gireshold not met.

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] You will receive a refund for the amount listed. ] Fees waived.

8d Ee P[RT l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

r 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.

Q 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 a$c5ed Comments continuation page if required) l Y

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blGNM RE FRE OF INFU ATlON 'AND PRIVACY AC1 OrFiCER b- f-Russel .)iowell- i 9a05290027 980519

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PDR FOIA  !

RYAN98-121 PDR NRC FORM 464 Part 1 (31998) FRINTED UN Mt1YCLED PAPER This fc.m was designed using informs j

9 NRC FORM 464 Part il U.S. NUCLEAR REGULATORY COMMIS$10N DATE

} RESPONSE TO FREEDOM OF INFORMATION FOIA/PA 98-121 $Y 15 g '

ACT (FOIA) / PRIVACY ACT (PA) REQUEST APPENDICES ~

PART ll.A - APPLICABLE EXEMPTIONS Records subjed tc the request that are desCnbed in the enclosed Appendices are being withheld in their entirety or in part under B,C the Eiemption No (s) ed the PA and/or the FOIA as indicated below (5 U.S C. 552a and/or 5 U.S C 552(b)).

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

[j Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC

] Exemption 3: The wthheld information is specifically ermpted from public disclosure by statute indicated.

Sections 141 145 of the Atomic Energy Act, which prohibits the discloswe of Restricted Data or Forme:iy Restncted Data (42 U S.C.

J 2161-2165).

] Section 147 of the Atorwie Energy Act, which prohibits the tsclosure of Unclassified Safeguards Information (42 U S C. 2167).

Il 41 U S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an

!J executive agency to any person under section 552 of Title 5, U.S C. (the FOIA), except when incorporated into the contra':t between the agency and the submitter of the 9roposal.

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

{. >] indicated.

] The information is considered to be confidential business (proprietary) information,

[~j The information is considered to be proprietary because it concems a licensee's or applicant's physical protectwn or material control andl LJ accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).

] The information was submitted by a foreign sourcs and received in confidence pursuant to 10 CFR 2.790(d)(2).

r;7 Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng M litigation. Applicable privileges:

[f Deliberative process Disclosure of predec1sional informaton would tenrl to inhibit the open and frank exchange of ideas essential to the

.v l dehberative process.' Where receds 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 prrv0ege. (Documents prepared by an attomey in conternplation of htigation)

] Attorney-cliert. privilege. (Confidential communications between an attorpey and htWher chent)

Exemption 6. Ihe withneld information is exempted from pubhc disclosure because its disclosure would result 60 a cisarly

. I unwarranted invasion of personal pnvacy.

[1l Exemption 7; The withheld information cr'nsistt of reuros compiled for law enforcement purposes and is beng wit

  • eld for the reason (s)

'- inrticate fL ]- (A) Disclosure could reaannably be mxpected to interfere with an erdorceisent proceeding te g., it would reveal the scope, direct'on, and focus of enforcermnt efforts, and inus could posbty allow recipients to taAe action to snield potential wrongdoing or a viciation of NRC requirements <trom investigators).

[] (C) Disclosure wbuld constitute an unwarranted invasion of personal pnvacy,

[ l- (D) The information consists of names of individua!s 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 las enforcer 7ent invest >qations or prosecubons, or guidelines that could

'- reasonably be expected to nsk circurnyention of tr,e law l (F) Discl6sure could reason 61y be expected to endanger the hfe or physical safety of an individual.

[ ] [OTNER (Specify)

PART ll.B - DENYING OFFICIALS Pursuant 'to 10 CFR 9.25(g),9.25(h), and/cr 9 65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that sne 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 denids that may be appealed to the Executive Director for Operations (E' U O).

DEN ING OFFJCIAL TITLE / OFFICE RECORDS DENIED f[D s Thomas I. Martin ,0ffice for Analysis and Esalsation of Operational Appendix B,C x i Data I

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Appeal rnust be made in wnting witnin 30 days of receipt of this response. Appeals should be mailed to the FO!A/Pr;vacy Act Officer, )

US. Nuclear Regulatory Commission, Washington, DC 20555-00')1, for action by the appropriate appellate official (s). You should 1 clearly state on the envelope and letter that it is a "FOIA/PA Appeal?

FIRc FORM 464 Part ll (31998) PRINTED ON RECYCRD PAPEf t This form was designed use,g informs

F A

b FOlA-98-121 i APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY RCL DATE DESCRIPTIONHPAGE COUNT)

1. 1/7/98 1998 Full-Scale Exercise Schedule for Executive Team Participation (1 page)
2. 1/20/98 E-Mail from F Hasselberg to J Himes et al.,

Subject:

ET Training for Tim Martin and Commissioner Diaz (1 page)

3. 1/21/98 E-Mail from F Hasselberg to J Himes et al.,

Subject:

Correction - ET Training for Commissioner Diaz (1 page)

4. 1/29/98 '

E-Mail from H Thompson to T Martin,

Subject:

Emergency l

~

Exercises Schedules (1 page)

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5. 2/4/98 E-Mail from F Congel to H Thompson,

Subject:

Emergency Exercises Schedules (1 page) 6, 2/25/93 E-Mail from E Weinstein to V McCree,

Subject:

Commissioner l Participation in Exercises (1 page)

7. 3/5/98 E-Mail from F Kantor to C Breskovic,

Subject:

Meeting with Spanish & Argentine Visitors (1 page)

8. 3/6/98 E-Mail from F Congel to J Blaha,

Subject:

EP Exercise Schedule (2 pages)

9. 3/10/98 E-Mail from T Martin to J Blaha,

Subject:

Emergency Response i Center (1 page) l l

10. 3/13/98 E-Mail from F Congel to J Blaha,

Subject:

EP Exercise Schedule (2 pages) 4

11. 3/19/98 E-Mail from F Congel to C Bridgers,

Subject:

EP Exercise  !

Schedule (2 pages) i t i i

t

IP

'u FOlA-98-121 l

APPENDIX B l RECORDS BEING WITHHELD IN PART l

tLQ, DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 11/27/95 Pages 2,5,9 of the schedule of activities of the Response thru 2/5/98 Coordination Section, incident Response Division, AEOD (3 pages) EX. 6
2. 3/96 Supporting Monthly Calendar (4 pages) EX. 6

-10/96 11/96 12/96 1

3. 3/10/98 '

E-Mail from T Martin to F Congel et al.,

Subject:

Emergency Response Center (1 page) EX. 5 I

9

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FOlA-98-121 APPENDIX C RECORDS BEING WITHHELD IN THEIR ENTIRETY MCL DATE DESCRIPTION #PAGE COUNT)/ EXEMPTIONS

1. Undated Draft Note to J Blaha Thru T Martin From E Weinstein,

Subject:

Staff Communications with Commissioner Assistants (2 pages) EX. 5

2. Undated Handwritten Notes to T Martin from F Congel discussing training for Commissioners (1 page) EX. 5
3. 2/26/98 E-Mail from J Jolicoeur to Teamcoord,

Subject:

Salem Exercise (1 page) EX. 5 i

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