ML20207G156

Final Response to FOIA Request for Documents.App a Records Withheld in Entirety (Ref FOIA Exmption 5)

ML20207G156
Person / Time
Issue date:	06/10/1999
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Liaw J WINSTON & STRAWN
Shared Package
ML20207G161	List: IA-99-218, Final Response to FOIA Request for Documents.App a Records Withheld in Entirety (Ref FOIA Exmption 5) ML20207G156
References
FOIA-99-218 NUDOCS 9906110042
Download: ML20207G156 (3)

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NRC FORM 464 Part i Q U.S. NUCLEAR REGULATORY COMMISSION P UIAIPA G,EsPoNsE NUMBER f "  % a O1do 99-218 1 RESPONSE TO FREEDOM OF I

h INFORMATION ACT(FOIA)/ PRIVACY RESPONSE -

ACT (PA) REQUEST d-k' . . . */ TYPE u. l REQUESTER DATE Jean Liaw m 10 m PART l. -INFORMATION RELEASED r- No additional agency records subject to the request have been located.

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

{ APPENDICES

" i Agency records subject to the request that are identified in the listed appendices are already available for l public inspection and copying at the NRC Public Document Room.

j-- TAPPENDICES

" Agency records subject to the request that are identified in the listed appendices are being made available for

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public inspection and copying at the NRC Public Document Room.

R 'Enciosedis iriformation on how you may obtain access to and the charges for copying records located at the N'tC Public Document Room,2120 L Street, NW, Washington, DC.

-._ APPENDICES ~

_ Agency records subject to the request are enclosed.

~~ 'Ricoids sdbject to the request that contain informatson 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.

We are continuing to process your request.

See Comments.

I PART 1.A - FEES l 3 ^

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

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. seeynts

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PART l.B -INFORMATION NOT LOCATED CR WITHHELD FROM DISCLOSURE I i - No agency records subject to the request have been located.

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h, ,Q g~ - the reasons stated in Part II.Certain information in the requested records is being w thheld from disclosure pursua y- Washington, DC 20555-0001.This determination may be appealed within 30 days by writing to the FOIA/PA O Clearly Ftata on the envelope and in the letter that it is a "FOIA/PA Appeal."

PART 4.C CCMMENTS (ljse attached Comments continuation page if required) l SsGNATURE t REEDOM OF INF MAllON ACI A DP VAGf AGI M FIGtH Wu: sell A. Powell [p>-pf v 9906110042 990610 PDR FOIA LIAW99-218 PDR NRC FORM 464 Part 1 (6-1**+8) PRINTED ON RECYCLED PAPEN This form was desgined own Warm

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. NRC FORM 464 Part ll U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA OME TSPONSE TO FREEDOM OF INFORMATION ACT (FOlA) / PRIVACY ACT (PA) REQUEST 99-218 MIOm 7 APPEND ES.__, i PART ll.A - APPLICABLE EXEMPTIONS i u.

the Exemption Nofs) of the PA and/or the FOIA as indicated below (5 U

] Exemption t The withheld information is property 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 withheld information is specifically exempted from public disclosure by statute indicated.

p Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Res J

2161-2165).

] Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassifed Safeguards inform p-s 41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and

. executive agency and the agency to of submitter any the person proposal. under section 552 of Title 5 U.S.C. (the FO!A), except when incorporatedeinto the p Exemption 4:

The withheld information is a trade secret or commercial or financial information that is being withheld fo indicated.

] The information is considered to be confidential business (proprietary) information.  !

r' The information is considered to be propnetary because it concems a licensee's or applicant's physicald protect{

accounting program for special nuclear material 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)(2).

y; Exemption 5:htigation.

The withheld information consists of interagency or intraagency records that are not available Applicable privileges:

dehberative process Where records are withheld in their entirety, the facts are in information. There also are no reasonably se I

into the predecisional process of the agency. gregable factual portions because the release of the facts would permit an indirect inquiry

[] Attomey work-product privilege. (Documents prepared by ar, attorney in contemplation of htigation) i

~~ g Attomey-client privilege. (Confidential communications between an attorney and his/her chent)

Exemption 6:

- The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.

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Exemption 7:

L -- The withheld information consists of records compiled for law enforcement purposes and is being withhe indicated.

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- (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g., it would reveal the sc focusrequirements NRC of enforcement efforts, and thus could possibly allow recipants to take action to shield potential wrongdoing or from investigators).

- (C) Disclos9re would constitute an unwarranted invasion of personal privacy.

- (D) The

- information consists of names of individuals and other information the disclosure of which could reasonably be exp identities of confidential sources. .

~ ~ (E) Disclosure

- would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidehnes tha reasonably be expected to risk circumvention of the law,

~ (F) Disclosure covN reasonably be expected to endanger the hfe or physical safety of an individual.

[ OTHER (Specify) 3 P PART ll.B - DENYING OFFICIALS t ursuant to if CFR 9.25(g),9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determin i hLt the infarrr.ation withheld is exempt frorn production or disclosure, and that its production or disclosure is contr dntMst. The person responsible for the denial are those officials identified below as denying efficials and the FOIA/

enills that may be appealed to the Executive Director for Operations (EDO).

DENYING OFFICIAL TITLE / OFFICE Sudy M.Joosten " Executive ~ Assistant, SECF "-~ ~ ~ ~ ~ ~ ~ ~ Appendix ~A'~ ~ ~ -

RECORDS DENIED

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Uppeal must be made'iniriting wittiin 3d~ dais 5 rec'eipt of this respoAsEAppeafs'should be malledio th'e"FOi / Privac cl .S. Nuclear Regulatory Commission, Washington, DC 20555-000t for action by the appropriate appellate official (s). You s early state on the envelope and letter that it is a "FOIA/PA Appeal?

l- NRC FORM 464 Part 11 (61998) PRINTED ON HECYCLED PAPER I This form was ces#gned using inF orrns

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FOIA-99-218 APPENDIX A RECORDS BEING WITHHELD IN THElR ENTIRETY NO. DATE DESCRIPTION #PAGE COUNT)/ EXEMPTION k

1. 4/20/92 Memorandum for the Commission from William Parler on Criteria or I Method for Reinterpretation of Existing NRC Regulations (6 pages) EX. 5 ATTORNEY-CLIENT PRIVILEGE l

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