ML20248L472
| ML20248L472 | |
| Person / Time | |
|---|---|
| Issue date: | 06/05/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Lance English NORTHEAST OHIO REGIONAL SEWER DISTRICT |
| Shared Package | |
| ML20248L474 | List: |
| References | |
| FOIA-98-127 NUDOCS 9806110177 | |
| Download: ML20248L472 (5) | |
Text
g4 NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION RESPONSE NUMBER FO!A/PA 98-127
, [ Reo %\ 1
- \ RESPONSE TO FREEDOM OF 5
! INFORMATION ACT(FOIA)/ PRIVACY k'/ '...'
ACT (PA) REQUEST
RESPONSE
TYPE M {)
REOuESl ER DATE Lawrence English Sh_ 05 E 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.
] APPENDICES ^l Agency records subject to the request that are identified in the listed appendices are already available for I
public inspection and copying at the NRC Public Document Room.
f APPENDICES ~~
Agency records subject to the reyast that are identified in the listed appendices are being made available for
' l A public inspection and copying at the NRC Public Documeat Room.
]- ~Encioisie~ dis infortisation 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.
FF APPENDICES ~
ofj g Agency records subject to the request are enclosed.
~~
fg R'~e cords 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 ree.ponse to you.
] We are continuing to process your request.
Q This completes NRC's action on your request.
PART l.A - FEES Q_ Fees fAMoUNT * ~ ~] Q You will be billed by NRC for the amount listed. [ l None. Minimum fee threshold not met.
$ 107.41
~l j j You will receive a refund for the amount listed.
[~] Fees waived.
A See om ents PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
] No agency records subject to the request have been located.
Q- the reasons stated in Part 11.Certain information in the requested records is being withheld from disclosure pursuant to th IQ 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 1.C COMMENTS (Use attached Comments continuation page if required)
Records A4 and AS are copyrighted and are available for siewing ONLY at the NRC's Public Document Room located at 2120 L Street, N.W., Washington, DC.
One record has been referred to the Environmental Protection Agency for their disclosure determination and direct response to yor.
The actual fees for processing your request are:
l 5 hrs, professional search @ $35.67 per hr. (minus 2 free hrs.) = $107.01 j Duplication of 104 pages (minus 100 free pages) = 50.40 b Total = $107.41 j k,g\ !
$4GNATU L-FRELI> QJNFORMA N ACT D~ jyACY ACT OFFICLR
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h )%/ gj Rusself .Powe ' -
9006110177 990605 PDR FOIA l , ENGLISH99-127 PDR l N C F RM 464 Part 1 (31v98) PRINTED ON RECYCLED PAPER This form was designed using informs l MD6 //W 7 7
9 NRC FORM 464 Ptrt ll U.S. NUCLEAR REGULATORY COMMISSION DATE RESPONSE TO FREEDOM OF INFORMATION FOlA/PA 98-127 ,
ACT (FOIA) / PRIVACY ACT (PA) REQUEST W UD APPENolCES PART ll.A - APPLICABLE EXEMPTIONS Records subject to the request that are descnbed in the enclosed Appendices are being withheld in their entirety or in part under N tne 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)).
[j Exemption 1: The withheld information is properly classified 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 public disclosure by statute indicated l7 Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restncted Data or Formerly Restncted Data (42 U S C.
LJ 2161-2165).
(l Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U S.C. 2167)
{~l t~ 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.
ri Exemption 4: The withheld information is a trade secret or commercial or financialinformabon that is being withheld for the reason (s)
!) indicated.
] The information is considered to be confidential business (propnetary) information.
[~]
iI The information is considered to be propnetary because it concems 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).
(MfExemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng litigation. Applicable pnvileges:
i,,J Deliberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the NI deliberative process Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional information. There also are no reasonably sagregable factual portions because the release of the facts would permit an indirect inquiry j into the predecisional process of the agency.
l l Attomey work-product pnvilege. (Documents prepared by an attomey in contemplation of litigation) l
() Attorney-client pnvilege. (Confidential communications between an attorney and his/her client)
I
[ a} Exemption 6- The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy l'
Exemption 7: The withheld information consists of records compiled for law enforcement purposes and ts being withheld for the reason (s) l~ indicated
[1 - l (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 NRC requirements from investigators).
] (C) Disclosure would constitute an unwarranted invasion of personal privacy.
I L l (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.
! - l (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could I- 1 reasonably be expected tr nsk circumvention of the law.
j (F) Disclosure could reasorably be expected to endm e a ide or physical safety of an individual
[ l (OTHER (Specify)
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 thit 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 dinials that may be appealed to the Executive Director for Operations (EDO).
DEN ING OFFICIAL [ TITLE / OFFICE RECORDS DENIED ^[f'y L Joseph Callan
- Esecutin e Director for Operations ! Appendis B jyj
! j !
> 1 .
7 I ! ! !
4 l i
{ '
i i Appeal must be made in witing 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 envelope and letter that it is a "FOIA/PA Appeal " ,
1 NRC FORM 464 Part it (31998) PHiNTED ON RECYCLED PAPER This form was oesigned using informs
\
D l
Re: FOIA-98-127 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)
4 NQ DATE DESCRIPTION #PAGE COUNT) 1 04/07/89 Copy of Federal Reaister pages 14051 to 14064, Nuclear ;
Regulatory Commission Final Rule on Emergency Preparedness l for Fuel Cycle and Other Radioactive Material Licensees j (14 pages) I 2 04/05/95 Copy of Re, view of Consultant's Report in Chapter 3 of the AMS '
Emergency Plan (4 pages) 3 10/20/97 Copy of E-mail from Scott Moore to Joe DeCicco concerning FOIA REQUEST RE: AMS plus hand written notes (1 page)
- 4. 12/04/97
- Copy of SunScoop Journal article entitled "No margin for error" (2 pages)
- 5. 1997
- Copy of five pages from ANSI Standard N542 (1977 version) and two pages of notes (7 pages) 4 6 11/1997 Notes by NMSS on Letter from Senator Glenn re: Advanced Medical Systems summary (2 pages) 7 02/26/98 Overhead transparencies prepared for the February 26,1998, public meeting and associated text (14 pages) 8 undated Hand written notes of Joseph DeCicco's (3 pages) 9 undated Typed notes concerning Larry Comett's concerns (3 pages) 10 undated List of radioactive materials being requested by AMS (1 page) 11 undated Copy of 10 CFR Part 2, Subpart L - Informal Hearing Procedures for Adjudications in Materials and Operator Licensing Proceedings (6 pages) 12 undated Summary of the Demand for Information response from AMS (2 pages)
- 13. 3/30/95 E-Mail from S. McGuire to K Ramsey,
Subject:
CRAC2 with enclosures (5 pages)
L_-______________
LN
.V 2
- 14. 11/13/97 E-Mail from S Northern to J DeCicco,
Subject:
AMS Accession Lists (1 page).
- 15. Undated Index Listing of NRC Documents Related to Advanced
. Medical Systems, Inc. Available at Collinwood Branch Library (1 page)
- 16. 12/22/97 ODH Interoffice Memorandum from J Webb to R Vandegrift re:
AMS Inspection (1 page)
- 17. 2/19/98 Letter to J Dodrill from C Pederson (2 pages)
- 18. 2/24/98 Letter to S. Haddock from C Pederson (19 pages)
.19. Undated Presentation Notes by J Madera for 2/26/98 meeting (6 pages)
- 20. Undated . Presentation Notes by M Weber for 2/26/98 meeting (4 pages)
- 21. Undated . Miscellaneous Handouts for 2/26/98 meeting (15 pages) 4
N
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(
Re: FOIA-98-127 APPENDIX B
! RECORDS BEING WITHHELD IN THEIR ENTIRETY
! NQ. DATE DESCRIPTIONHPAGE COUNT)/ EXEMPTION l
- 1. Undated Fact Sheet for Senior Management Meeting concerning Advanced Medical Systems, Inc. (AMS) (4 pages) EX. 5
- 2. Undated Fact Sheet for NMSS Screening Meeting concerning Advanced i Medical Systems, Inc. (AMS) with handwritten notes (3 pages)
EX. 5 l
l l
l