ML20134N539

Final Response to FOIA Request for Documents.Forwards Document Listed in App I.App J Records Being Withheld in Part (Ref FOIA Exemption 6 & 7C) & App K Record Being Withheld in Entirety (Ref FOIA Exemption 7C)

ML20134N539
Person / Time
Issue date:	11/14/1996
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Ulie T AFFILIATION NOT ASSIGNED
Shared Package
ML20134N541	List: IA-96-319, Final Response to FOIA Request for Documents.Forwards Document Listed in App I.App J Records Being Withheld in Part (Ref FOIA Exemption 6 & 7C) & App K Record Being Withheld in Entirety (Ref FOIA Exemption 7C) ML20134N539
References
FOIA-96-319 NUDOCS 9611270020
Download: ML20134N539 (5)

Text

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i FOIA 96-319 l RESPONSE TYPE l

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• RESPONSE TO FREEDOM OF

• XX I ONAL (S th ) I IPARTIAL l INFORMATION ACT (FOIA) REQUEST DATE

\e seee ll0V 141996 DOCKE T NUMBER (S) (t/ app / cab /rf l REQUESTER l Thomas R. Ulfe .

l PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED /See checkedboxes) l No agency records subject to the request have been located.

l l No additional agency records subject to the request have been located.

l l Requested records are available through another public distribution program. See Comments section, l

,l Agency records subject to the request that are identified in Appendix (es) are already available for public inspection and copying at the l NRC Public Document Room,2120 L Street, N.W., Washington, DC.

J X Agency records subject to the request that are identified in Appendix (es) I are being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA number.

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available

,ll for public inspection and copying at the N RC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this Fol A number.

l Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document l Room identified in the Comments section.

Enclosed is information on how you may obtam access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, l I N.W., Washington, DC. l ilX Agency records subject to the request era enclosed.* _

l Records subject to the request have been referred to another Federal agencylies) for review and direct response to you.

l l y Fees You will be billed by the NRC for fees totaling s I X You will receive a refund from the NRC in the amount of $

in view of NRC's response to this request, no further action is being taken on appeal letter dated

'9

, No.

PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE l Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated

! In P rt II, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public

X inspection and copying in tt e NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number, COMMENTS

• Copies of the record identified on Appendix I and the releasab1_e portions.of_the. records.._..

.identifled on- Appendix 4 are enclosed; ' ~' i

The actual fees for processing your request are

Duplication of 1097 pages (minus 100 free pages) at $0.20 per page - $199,40

, LESS ADVANCE PAYMENT OF $283.59 = $84,19 ,

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a D 1 A0(fi GNATURE, DIREC OR, DIVISl* *F F M OF INFORMATION AND PUBLICATIONS SERVICES

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Nf4C FORM 464 (Part il (1911

FotA NuMeEmsl DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 319 g g 4 jggg (CONTINUATION)

PART N.8- APPUCA8tE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (est eJK ere being withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(a) of NRC regulations.

1. The withheld information is properly classified pursuant to Executive Order. (Exemption 1)

2. The withheld information relates solely to the internet personnel rules and procedures of NRC. (Exemption 2)

3. The withheld information is specifcally exempted from public disclosure by statute indicated.(Exemption 3)

Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C 21612f 65).

Sectinn 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safspards information (42 U.S.C.2167),

4. The withheld information is a trade secret or commercial or fmancial information that is being withheld for the reason (s) indicated. (Exemption 4)

The information is considered to be confidenttal business (proprietary) information.

The information is considered to be proprietary information pursuant to 10 CFR 2.790(dH11.

l The information was subrmtted and received in confidence pursuant to 10 CFR 2.790(dH21 Uhe withheld information consists of interagency or intrangency records that are not available through discovery during litigation. (Exemption 5). Applicable Privilege:

Dehberative Process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the dehberative process.

Where recorde are withheld m their entirety, the f acts are inextncably mtertwmed with the predecisionalinformation. There also are no reasonably segregable f actual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.

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Attomey work-product privilege. (Docurnents prepared by an attorney m contemplation of litigation f i Attorney. client privilege. (Confidential communications between an attorney and his/her client.)

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7. The withheld information consists of records compiled for law enforcement purposes and is being 'vithheld for the reason (s) indscated. (Exemption 7)

Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongsoing or a violation of NRC requirements from investigators. (Exemption 7 (A))

Disclosure would constitute an unwarranted invasion of personal privacy. (Exemption 7(Cl) y The mformation consists of names of mdividuals and other information the disclosure of which could reasonably be exoected to reveal identities of confidential sources. (Exemption 7 (D))

OTHER PART H. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(b) and/or 9 25(c) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from pro.

duction or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial are those officials identified below as denying efficials and the Director, Division of Freedom of Information and Publications Services, Office of Administration, for any denials that may be appealed to the Executive Director f 2r Operations (EDO).

DENylNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL I

S""*"' '

Regional Administrator, RI App J, K E

Hubert J. Miller X l

er i

PART N. D-APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writing within 30 days of receipt af this response. Appeals must be addressed, as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector Generaf, U.S. Nuclear Regulatory Cornmission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an Appeal from an initial F0f A Decision."

N, C F% RM 464 (Pert 2) (191) U.S, NUCLEAR REGULATORY COMMISS6ON i

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FOIA-96-319 i

APPENDIX I RECORD BEING RELEASED IN ITS ENTIRETY

& Delf DESCRIPTIONH PAGE COUNT)

1. 3/9/89 Memorandum for William Russell from Chester White (1 page) enclosing Case No. Q1-87-016, Precision Materials Corporation: Material False Statement Regarding Leak in Pool Irradiator (4 pages) 1 f

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F0IA-96-319 APPENDIX J RECORDS BEING WITHHELD IN PART

& DAIE DESCRIPTION /(PAGE COUNT)/ EXEMPTION

1. 2/4/85 Letter to Thomas Martin from Martin Stein (2 pages)

EX. 6 l

2. 9/28/87 To Chester White from William Russell, Request for Investigation (5 pages) EX. 7C l

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F01A-96-319  :

1 APPENDIX K l RECORD BEING WITHHELD IN ITS ENTIRETY l

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E DAII DESCRIPTIONHPAGE COUNT)/ EXEMPTION 1

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1. 8/13/87 Letter to John White from ( } (4 pages) '

EX. 7C i ,

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i-l- Thomas R.Ulle ERf.E0 N OF INFORMATION ACT REQUEST gm i POB 814 94- 3Ig MercerIsland, Washington 98040 pm, L g_9_%

j 2%236 8753(voice) 2%230 8758(fax; 'T~

j August 8,1996 J

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i Mr. RussellPowell, Chief Freedom ofInformationBranch

j. U S. NRC l Washington, D.C. 20555

] via fax # 301-415-5130 4

Re: Precision Materials Corporation i NRC # 29-207777-01 1

Dear Mr. Powell,

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i This is to request that you advise how I can obtain infonnation as to why the NRC license for Precision Materials Corporation was revoked :1986 877)

and what was its history of compliance with the NRC. The con spany was j located and headquartered in Mine Hill, New Jersey. l l Thankyou for your prompt attention.

1 Sincerely, i

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