ML20248K819
| ML20248K819 | |
| Person / Time | |
|---|---|
| Issue date: | 05/28/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Ginsberg E NUCLEAR ENERGY INSTITUTE (FORMERLY NUCLEAR MGMT & |
| Shared Package | |
| ML20248K822 | List: |
| References | |
| FOIA-98-55, REF-10CFR9.7 SECY-97-249-C, SECY-97-249-R, NUDOCS 9806100291 | |
| Download: ML20248K819 (6) | |
Text
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% Dob i
b NRC FORM 464 P.rt i U.S. NUCLEAR REGULATORY COMMISSION RESPONSE NUMBER FOIA/PA 98-055
[nro%q l
e RESPONSE TO FREEDOM OF E
(
INFORMATION ACT(FOIA)/ PRIVACY
RESPONSE
%**s'**
ACT (PA) REQUEST TYPE
[
REQutblLR DATE Ellen C. Ginsberg MAY 2 8 1998 PART l. -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.
j (APPENDILEs~' Agency records subject to the request tha' are identified in the listed appendices are already available for
~ L._._. _.., public inspection and copying at the NRC Public Document Room.
r eet NDICrs Agency records subject to the request that are identified in the hsted appenc' ces are being made available for I
A pubhc inspection and copying at the NRC Public Document Room.
p' '
Ericlosed is information on how you may obtain access to and the charges for copying r, cords located at the NRC Public
)
Document Room,2120 L Street, NW, Washington, DC.
~
Q ; APP (.NDICES ~
"l r-Agency records subject to the request are enclosed.
4g
~
Recoid's subject to the request that contain information originated by or of interest to another Federal agency have been referred 19 that agency (see comments section) for a disclosure determination and direct response to you.
> We are continuing to process your request.
Q This completes NRC's action on vour request.
PART l.A - FEES g fees moust
- You will be billed by NRC for the amount listed.
None. Minimum fee threshold not met.
119.21 You will receive a refund for the amount listed.
Fees waived.
- Se ents'
~
PART l.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.
y: Certain information in the requested records is being withheld from disclosure pursuant to the exemptions desenbed in and for the reasons stated in Part II.
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" T' ART 1.C COMMENTS (Use attached Comments continuation page if required)
Fee lireakdow n:
$ 27.69 Search: 0.15 mins Professional @ $35.67/hr + 1.05 Clerical @ $17.39/hr 84.92 Resicw: 0.15 mins SES G) $67.09/hr + 1.55 Professional @ $35.67/hr
+
6.60 Duplication: 33 pages fa? 0.20/page f
$119.21 yJ
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AND AdOWMR squa Russel A. Powiell 9806100291 980528 PDR FOIA GINSBERO98-55 PDR NRC FORM 464 Part 1 (3-1998)
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NRC FORM 464 Pirt H U.S. NUCLEAR REGULATORY COMMISSION DATE RESPONSE TO FREEDOM OF INFORMATION FOIA/PA 9 & O55 M 2o E ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll,A - APPLICABLE EXEMPTIONS l APPENDiCf S _
Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under l
Ib C the Fxemption 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)).
f'j Exemption 1:
withheld information is properly classified pursuant to Executive Order 12958.
1 ll Exemption 2. The withheld information relates solely to the internal 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 Energy Act, which prohibits the disclosure of F.estncted Data or Formerly Restricted Data (42 U S.C.
t I 2161 2165).
[l Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U S C. 2167).
j l 41 U S C, Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an
- l. J executive agency to any person unde. section 552 of Title 5, U.S C. (the FOIA), except when incorporated into the contract between th 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 indicated 4
j 'j The information is considered to be confidential business (proprietary) information lJ The information as considered to be propnetary because it concerns a hcensee's or applicant's physical protection or matenal c l
i accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).
ll The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2 790(d)(2) l Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng l
I litigation Applicable pnvileges Lf Deliberative process Dicciosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the
.V 1 debberative 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 6nto the predecisional process of the agency ll Attorney work product pnvilege (Documents prepared by an attorney in contemplation of htigat)on) ll Attorney-client pnvdege (Confidential communications between an attorney and his/her chent) l l : Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy
' i 1
Exemption 7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) f
{'
I indicated
'l J (A) Disclosure could rea;,onably be expected to interfere with an enforcement proceeding (e g, it would reveal the scope, direction, and i
I focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violation of I
NRC requirements from investigators) l l l (C) Disclosure would constitute an unwarranted invasion of personal pnvacy.
l1I (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to revea identities of confidential sources l
l (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 i
l l (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual OTHER (Specify) l l
PART ll.B - DENYING OFFICIALS Pursuant to 10 CFR 9.25(g),975(h), and/or 9.6S(b) of the U S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is ex mpt 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 the Executive Director for Operations (EDO).
TITLE /OF FICE f
RECORDS DENIED l APPEtt. ATE OFFICIAL f
DENYING OFFICIAL
! Assistant Secretary of the Commission
! Appendices B & C f
} x {
1 i
l i
l j
Appeal must be made in wnting wthin 30 days of receipt of this response. Appeals should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commitsion 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 F ORM 464 Part it (3-1998)
PRINTED ON RECYCLED PAPER This form was cesigned using inF orms
t Re:
POIA-98-055 APPREDIX A RECORDS BEING Ruf.um8ED IN THEIR ENTIRETY (If copyrighted identify with *)
E L.
D&ZE DESCICE110Rf/ IP" COUNT) i 1.
11/17/97 vote sheet from Commissioner Nils Diaz, subject; SECY-97-249.
(2 pages)
]
2.
11/20/97 vote sheet from Commissioner Edward McGaffigan, subject; SECY-97-249 (8 pages) 3.
12/1/97 Memorandum from Annette Vietti-Cook to Chairman and Commissioners, subject; Staff requirements memorandum, SECY-97-249.
(1 page) l
N-l Re:
POIA-98-055 I
APPENDIX B RECORDS BEING WITHHELD IN PART DESCRIPTION /fPAGE COUNT)/ EXEMPTIONS E
DATE 1.
10/24/97 SECY-97-249, entitled, Recovering the Budgeted Costs Related to Federal Agencies, Nonprofit Educational Institutions, Small Entities, Regulatory Support to Agreement States, the Site Decommissioning Management Program, and Generic Decommissioning and Reclamation Activities.
(3 pages release)
EX.
5 2.
11/19/97 Memorandum from Annette Vietti-Cook, Office of the Secretary, to Commissioner Edward McGaffigan subjecti SECY 97-249-Recovering the Budgeted Costs Educational Institutions, Small Entitles, Regulatory Support to Agreement States, the Site Decommissioning Management Program, and Generic Decommissioning and Reclamation Activities.
(1 page)
EX.
5 3.
12/19/97 Commission voting record, subjecti SECY 97-249.
(2 pages)
EX.
5 4.
1/14/97 Commission voting record, subjecti SECY 97-249.
(16 pages)
EX.
5 U
m-N-_
Re:
POIA-98-055 APPENDIX C RECORDS BEING WITHHELD IN THEIR ENTIRETY
[ EXEMPTION 5]
NO.
DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1.
11/12/97 Chairman Jackson's vote on SECY 97-249.
2 pages 2.
11/12/97 Commissioner Greta Dicus' vote on SECY 97-249.
2 pages 3.
Undated Memoranda from John Hoyle to Jesse Funches, sub]ect; Staff requirements-SECY 97-249.
2 pages 4.
Undated Memoranda from John Hoyle to Jesse Funches, subject; Staff requirements-SECY 97-249.
2 pages 5.
Undated Memoranda from John Hoyle to Jesse Funches, sub]ects Staff requirements-SECY 97-249.
7 pages 6.
Undated Memoranda from John Hoyle to Jesse Funches, subjecti Staff requirements -5ECY 97-249.
(Version B) 2 pages 7.
Undated Memoranda from John Hoyle to Jesse Funches, subject; Staff requirements -SECY 97-249.
(Version B) 2 pages 8..
Undated Memoranda from John Hoyle to Jesse Funches, subjecti Staff requirements -SECY 97-249.
-(Version D) 3 pages
/.
.t APPENDIX C.(continued)
F01A/P."98-055 1.
9.
Undated Memoranda from John Hoyle to Jesse Funches,
. subjectt-Staff requirements -SECY 97-249.
(Version D) 1 page l
- 10.
Undated Memoranda from John Hoyle to Jesse'Funches, subject;- Staff.-requirements -SECY 97-249.
(Version E) 1 page 11.
Undated Comments on votes--1 page l
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