View source for IA-98-148, First Final Response to FOIA Request for Documents.Records Listed in App a Being Withheld in Part (Ref FOIA Exemption 6)

{{Adams
| number = ML20237C200
| issue date = 08/14/1998
| title = First Final Response to FOIA Request for Documents.Records Listed in App a Being Withheld in Part (Ref FOIA Exemption 6)
| author name = Powell R
| author affiliation = NRC OFFICE OF ADMINISTRATION (ADM)
| addressee name = Block J
| addressee affiliation = CITIZENS AWARENESS NETWORK
| docket = 
| license number = 
| contact person = 
| case reference number = FOIA-98-148
| document report number = NUDOCS 9808210021
| package number = ML20237C201
| document type = CORRESPONDENCE-LETTERS, OUTGOING CORRESPONDENCE
| page count = 3
| project = 
| stage = Other
}}

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NRC FORT (464 Pirt i                                                                            U.S. NUCLEAR REGULATORY COMMISSION                                                           FOlA/PA                                    RESPONSE NuMIER (6 1998) [                                                                                                                                                                                                         98-148                          1-
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                                        %                                               INFORMATION ACT(FOIA)/ PRIVACY                                                                                RESP 5NSE r
                                              %                                                      ACT (PA) REQUEST                                                                                 TYPE                         J REOuESTER                                                                                                                                                                                  DATE Jonathan M. Illock                                                                                                           'AUG 14 1998 PART l. -INFORMATION RELEASED No additional agency records subject to the request have been located.
Requested records are available through another public distribution program. S ee Comments section.
APPENDICES Agency records subject to the request that are identified in the listed appendi ces are already available for public inspection and copying at the NRC Public Document Room.
[                                           APPE*OCES Agency records subject to the request that are identified in the listed appendi ces are being made available for public mspection and copying at the NRC Public Document Room.
Enclosed is information on how you may obtain access to and the charges for cop ying records located at the NRC Public
             ] Document Room,2120 L Street, NW, Washington, DC.
FF                                        APPENolCES 3fj                                                                    Agency records subject to the request are enclosed.
A Records subject to the request that contain information originated by or of int erest to another Federal agency have been referred to that agency (see comments section) for a disclosure determination a nd direct response to you.
We are continuing to process your request.
              ] See Comments.
PART l.A - FEES mount *                                                         [ You will be billed by NRC for the amount listed.                                        ] None. Minimum fee threshold not met.
                    $                                         267.53 O You will receive a refund for the amount listed.                                        ] Fees waived.
                   .g. g s PART LB -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request havo been located.
Q Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for                                                                                                                                 j the reasons stated in Part II.
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. Clearfy state on the envelope and in the letter tha t it is a 'FOIA/PA Appeal."
PART 1.C COMMENTS (Use attached Comments continuation pace if required)                                                                                                              -
The ectual fees for processing your request are as follows:
7.5 hours professional search:                                                        $267.53                                                                                                                                                /
We received your payment in the amount of $267.53 on August 3,1998.
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s   SIGNA                                                          FREE     'QRMA    N          IVACY ACT OFFICER Russt .1                                                    . Powell l
9808210021 980814 PDR    FOLA
        ,                                                                BLOCK 98-148             PDR PRINTED ON RECYCLED PAPER                                                                                          This form was designed using Ir: Forms NRC FORM 464 Part 1 (61998)

E NRC FORM 464 P rtit                                                                                           U.S. NUCLEAR REGULATORY COMMISSION      FOIA/PA             DATE
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RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA)/ PRIVACY ACT (PA) REQUEST 98M8              M 14 a PART ll.A - APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under the A                      Exemption 'No (s) of the PA and/or the FOIA as indicated below (5 U.S.C. 55.'a and/or 5 U.S.C. 552(b)).
       ] Exemption 1: The withheld information is property classified pursuant to Executive Order 12958.
Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.
Exemption 3: The withheld information is specifically exemptad from public disclosure by statute indicated.
Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formetty Restricted 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 into 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) indicated.
The information is considered to be confidential business (proprietary) Informa tion.
The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2.790(d)(1).
              ] The information was submitted by a foreign source and received in confidence pu rsuant to 10 CFR 2.790(d)(2).
Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation.
Applicable privileges:
R Deliberative process: Disclosure of predecisional information would tend to in hibit the open and frank exchange of ideas essential to the L deliberative process. Where records are withheld in their entirety, the facts are inextncably intertwined witn the predecisional information.                                                             j 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.
Attomey work-product privilege. (Documents prepared by an attomey in contemplation of litigation)
U Attomey client privilege. (Confidential communications between an attomey and his/her client)
Q Exemption 6: The withheld information is exempted from public disclosure because its disclos ure would result in a clearty unwarranted invasion of personal privacy.                                                                                                                                  )
[ Exemption 7: The withheld information consists of records cornpiled for law enforcement purpo ses and is being withheld for the reason (s) indicated.
Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g., it would reveal the scope, direction, and (A) focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdoing or a violatio requirements from investigators).
(C) Disclosure would const:tute 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 investiga tions 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.
U ]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 Regulat ory Commission regulations, it has been determined thtt the information withheld) is exempt from production or disclosure, and that its production or disclosure is contrary to the pu int 2 rest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any deniils that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL                                                                                                         TITLE / OFFICE                      RECORDS DENIED                         F Lf(([dy ;FICIAL l    Ilubert J. Miller Regi nal Administrator, Region I                   Appendix A                     gl 3                                       Y 1                                                                                                                                                                !                                               ,
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                                                                                                                                                                                                !                i Appeal must be made in writing within 30 days of receipt of this response. App eals should be mailed to the FOIA/ Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by th e appropriate appellate official (s). You should clearly state on the envelope and letter that it is a *FOIA/PA Appeal."
fdRC FORM 464 Part 11 (61998)                                                                                                   PRINTED ON RECYCLED PAPER                       This form was designed using informs I i
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Re: FOIA-98-148 APPENDIX A RECORD BEING WITHHELD IN PART NO. DATE     DESCRIPTION /(PAGE COUNTVEXEMPTIONS
: 1. Undated   Chart, entitled Offsite Locations Where Connecticut Yankee has Analyzed, Or Plans to Analyze, for Radioactive Contamination. (6 pages) EX. 6 l
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