ML20249C611
| ML20249C611 | |
| Person / Time | |
|---|---|
| Issue date: | 06/25/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Konieczny C H & G INSPECTION CO., INC. |
| Shared Package | |
| ML20249C612 | List: |
| References | |
| FOIA-98-228 NUDOCS 9806300406 | |
| Download: ML20249C611 (3) | |
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f NRC FORM 464 Pcrti U.S. NUCLEAR REGULATORY COMMISSION RESPONSE NUMBER h
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to%, gp FOIAIPA 98-228 4
1 RESPONSE TO FREEDOM OF o
k
/l' INFORMATION ACT (FOIA) / PRIVACY
RESPONSE
ACT (PA) REQUEST TYPE g
NA AMAL 3
- ese*
REQUESTER.
DATE Mr. Craig Konieczny b t 5186 PART L -INFORMATION RELEASED (See checked boxes)
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No additional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments section.
Z :APPENblCEs~~ 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 j
A public inspection and copying at the NRC Public Document Room.
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-~ EnclosedTsEformation on how you may obtain access to and the charges for copying records located at the NRC Public 4
Document Room,2120 L Street, NW, Washington, DC.
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[ APPENDICES Agency records subject to the request are enclosed.
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- Mecordiiu~bject to the request that contain information originated by or of interest to another Federal agency have been
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referred to that agency (see comments section) for a disclosure determination and direct response to you.
] We are continuing to process your request.
g This completes NRC's action on your request.
PART l.A - FEES g-..
Fees AuoVNT ' ' ^
You will be billed by NRC for the amount listed.
Q 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 C;SCLOSURE
(( 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 t y-Washington, DC 20555-0001.This determination may be appealed within 30 days by writing to the FOIA/PA O Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."
y PART l.C COMMENTS (Use attached Comments continuaan page if required)
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.- J/d 9906300406 980625 PDR FOIA KONIECZ98-228 PDR a,
,h I RE. F REEDOMO NFORlhAllON A Q PHIVACY ACT OF FICER l-Russ iffl%
NRc FORM 464 Part 1 (31993)
PRINTED ON RECYCLEo PAPER This form was designed using informs i
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'NRC FORM 464 Part il U.S. NUCLEAR REGULATORY COMMISSION DATE l
RESPONSE TO FREEDOM OF INFORMATION FOIA/PA ACT (FOIA) / PRIVACY ACT (PA) REQUEST g6 2 5 HB f
PART ll.A - APPLICABLE EXEMPTIONS
~APPCNDICES._
Records ' subject to the request tha'.mre desenbed in the enclosed Appendices are being withheld in their entirety or in part under
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the Exemption No.(s) of the PA anwor the FOIA as indicated below (5 U S C 552a and/or 5 U S C. 552(b)).
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Exemption 1: The withheld information is property classified pursuant to Executive Order 129.,8.
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~ Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC.
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Exemption 3; The withheld information is specifically exempted from public disclosure by statute ladicated.
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- Sections 141 145 of the Atomic Energy Act. which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C.
2161-2165).
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] - Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U S C. 2167).
J 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.
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Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated.
~' Tne information is considered to be confidential business (proprietary) information.
The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or matenal control and
- accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).
l The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(?).
E emption 5 The withheld information consists of interagency or intraagency records that are not available through discovery dunng litigation. Applicable privileges:
Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of <deas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisionil l
information. There also are no reasonably segregable factual portions because the release of the facts would permit an inoirect inquiry into the predecisional process of the agency.
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. _. Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)
~~ Aitorney-client privilege. (Confidential communications between an ottorney and his/her client)
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Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy.
,f Exemption 7: The withheld information consists of records Compiled for law enforcement purposes and is being withheld for the reason (s) v indicated.
(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).
g (C) Disclosure would constitute an unwarranted invasion of personal pnvacy.
(D) The information consists of names of individuals and other infcanation 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 nsk circumvention of the law.
~~ (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
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 Cornmission regulations, it has been determined thit ths information withheld is exempt from production or disclosure, ano tha: its production or disclosure is contra to the public intmst The person responsible for the denial are those officials identified below as denyin;; officials and the FOl A Officer for any danliis that nay be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED A[f$E.
mCML Guy P. Caputo Director, OfTice of Investigations
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l Appul mus' t be made in writing within 30 days of receipt of this response. Appe'als 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 i
j cintly state on the envelope and letter that it is a "FOIA/PA Appeal?
NRC FORM 464 Pan 11 (3-1998)
PRINTED ON RECYCLED PAPER This forrn was designed usmg inFonns
Re:
F0IA 98 228 APPENDIX RECORDS BEING WITHHELD IN PART EL DAIE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1
06/05/1998 Report of Investigations (4-97-064) (15 pp)-
i (7C portions)
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