ML20249C098

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Fourth Partial Response to FOIA Request for Documents. Records Subj to Request Encl & Available in App E.App F Records Being Withheld in Part (Ref FOIA Exemption 5).App G Records Being Withheld in Entirety (Ref FOIA Exemption 5)
ML20249C098
Person / Time
Issue date: 06/16/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Temple R
WINSTON & STRAWN
Shared Package
ML20249C099 List:
References
FOIA-98-108 SECY-85-080-C, SECY-85-255-C, SECY-85-80-C, NUDOCS 9806260004
Download: ML20249C098 (5)
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Text

, NRC FORM 464 PLrt i U.S. NUCLEAR REGULATORY COMMISSIOh RESPONSE NUO ER

  • pcd FOIA/PA 98-108 nsa
  1. o RESPONSE TO FREEDOM OF 5

INFORMATION ACT(FOlA)/ PRIVACY RESPONSE -

k '...' ACT (PA) REQUEST TYPE d-Mr. Robert K. Temple PART 1. -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 se: tion.

' APPEND' cts- Agency records subject to the request that are identified in the listed appendices are already available for public inspection and copying at the NRC Public Document Room.

" APPENDICES ' ~ 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.

"Endosed is information on how you may cbtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, NW, Washington, DC.

'~r APPENDICES ~'

V yy Agency records subject to the request are enclosed.

Records sub}ect to th& 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.

g We are continuing to process your request.

This completes NRC's action on your request.

PART 1.A - FEES mount

  • You will be b,Iled by NRC for the amount listed. None. Minimum fee threshold not met.

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

$de?'

PART 1.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 hy 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 4.C COMMENTS (Use attached Comments continuation page if required)

    • " h 9906260004 990616 PDR FOIA TEMPLE 99-109 PDR N WNAU taFNtt M PRIVACY ACT OHIGLH Russe A. fowe'h NRC FORM 464 Part 1 (31998) . PRINTEo ON RECYCLEo PAPER TNs form was designed ussng informs 9Vl?b2&occo9L

NRC FORM 464 Ptrt at U.S. NUCLEAR REGULATORY OOMMISSION DATE m

RESPONSE TO FREEDOM OF INFORMATION FOlA/PA 98-108 ACT (FOlA) / PRIVACY ACT (PA) REQUEST UU#

PART ll.A -- APPLICABLE EXEMPTIONS -

APPENDICf,S Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under tt h I' 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))

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

Exemption 2. The withheld information relates solely to the internal personnel rules and procedures of NRC Exemption 3 The weiheld information is specifically exempted from public disclosure by statute indicated Sect:ons 141-145 of the Atomic Energy Act, which prohibits the disclosure 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 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 .nto the contract between the agency and the submitter of the proposal Exemption 4. The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicatec The information is considered to be confidential business (propnetary) information The information is considered to be propnetary because it concems a licensee's or applicant's physical protection or matenal control and accounting program for special nuclear matenal,nursuant tt 10 CFR 2.790(d)(1)

The information was submitted by a foresgo source and receved in confidence pursuant to 10 CFR 2.790(d)(2)

T[ Exemption 5 The withhpd & nation consists of interagency or intraagency records that are not available through discovery dunn Applicable pnvileges Deliberative process Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the Jv 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 pnv'lege (Documents prepared by an attorney in contemplation of litigation) g[ Attorney-clent pnvilege (Confcntial communications between an attorney and his/her client)

Exemption 6. The withheld information is exempted from public disciosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy.

Exemption 7 The withheld information cons:sts of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated (A) Disclosure could reasonab!y 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 pnvacy.

(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 (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expected to risk circumvention of the law (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual OTHER (Specify)

PART 11.8 - 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 ccntrary to the public interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA O'ficer for any denials that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED [g horriclAL Anhtant Secretary to the Comminion ' F/l - F/6; G/1 x Annette Victri Cook Guy Caputo Director, Ofike of Ins estimations G/2 - G/5 x Appeal must be made in wnting within 30 days of receipt of this response. Appeals should be mailed to the FOIA/Pnvacy Act Officer.

U.S, Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropnate appellate official (s) You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal" PRINILD ON RE CYCLLD PAPER The form was desgned using inf orms NRC F ORM 464 Part il (3-1996)

b Re: FOlA/PA-98-108 APPENDIX E F:ECORDS BEING RELEASED IN THEIR ENTIRETY HQi DATE DESCRIPTION /(PAGE COUNT)

1. 06/26/86 Memoran:fum from J. Lieberman to C. J. Heltemes on Comments on Draft incident Inve>Ugation Manual (14 pages)
2. 08/14/86 Note from S. Burns to W. Lanning on issues with Legal implications regarding the Procedures to be Followed by the incident investigation Team (5 pages) i l

m __

o Re: FOIA/PA-98-108 APPENDIX F RECORDS BEING WITHHELD IN PART NO, DATE DESCRIP_ TION /fPAGE COUNT)/ EXEMPTIONS

1. 03/29/85 Notation Vote from Commissioner Roberts to Chiik on SECY 85- '

80, Investigation Policy on Rights on Rights of Licensee Employee Under Investigation (1 page) Released with attached comments (2 pages) EX 5 - Predecisional 2, 04/04/85 Notation Vote from Commissioner Asselstine to Chilk on SECY 85-80, investigation Policy on Rights of Licensee Employees Under investigation (1 page) EX. 5 - Predecis'ional

3. 04/05/85 Notation Vote from Commission Bernthal on SECY 85-80, investigation Policy on Rights of Licensee Employees under Investigation (1 page) Released with attached comments (1 page)

EX. 5 - Predicisional

4. 04/14/85 Notation Vote from Chairman Palladino on SECY 85-80, investigation Policy on Rights of Licensee Employees under investigation (1 page) Released with attached comments (1 page)

EX. 5 - Predicisional

5. 08/07/85 Notation Vote Sheet from Commissioner Roberts on SECY 85-255,01 investigative Procedures Manual (1 page) Released with attached comments (2 pages) EX. 5 - Predecisional
6. 01/13/86 Staff Requirements memorandum from S. J. Chilk to B. B. Hayes on SECY 85-255, Ol Investigative Procedures Manual (1 page)

Released with attachments a.10/10/85 Memo S. R. Connelly to S. J. Chilk (1 page) Released with attached (1). Ol Investigative Procedure Manual (6 pages) EX. 5 -

Predecisional b.11/20/85 Memo to Commissioner Bernthat from H. H. E. Plaine, 01 Manuai Section 5.9.2 (3 pages) EX. 5 - Attorney-Client

c. Memo on the Legal Status of Personal Copies of Agency Documents (9 pages ) EX. 5 - Attorney-Client
d. Commissioner Roberts' Comments on SECY-85-255 (2 pages)

L EX. 5 - Predecisional

e. Notation Vote Sheet from Commissioner Zech (1 page)

Released with attached u (1). Commissioner Zech's comments (2 pages) EX. 5 -

Predecisional

. f. Comments of Commissioner Bernthat on SECY 85-255 (2 pages) EX. 5 - Predecisional h!

5 9

Re: FOIA/PA-98-108 l APPENDIX G RECORDS BEING WITHHELD IN THEIR ENTIRETY l

l NQ, DAIE DESCRIPTIONNPAGE CQ11NT)/ EXEMPTIONS 1 11/16/82 Memorandum from M. Malsch to Chairman Palladino on COMTR-82-1 (21 pages) EX. 5 - Attorney-Client f 2. 06/22/82 Memorandum from J. Murray to J. Fitzgerald, Of on Response to i questions concerning investigative practices (35 pages) EX. 5 -

Attorney-Client

' 3. 07/14/82 Memorandum from M. Malsch to J. Fitzgerald, Of on Exclusion of

.. Attorney from Interview (6 pages) EX. 5 - Attorney-Client

4. 09/02/82 Note to R. Fortuna from S. Burns providing comments to the draft IPM NO.82-015 (Exclusion of Third Parties from Interviews) (3 pages) EX. 5 - Attorney-Client
5. 08/28/90 Memorandum from J. Fitzgerald to B. Hayes on Deciding Whether to Exclude Counsel Representing Multiple Parties from O1 Interviews Compelled by Subpoena (7 pages) EX. 5 - Attorney-Client
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