ML20141B199

Final Response to FOIA Request for Documents.App a Records Being Withheld in Entirety from Public Disclosure (Ref Exemption 7A)

ML20141B199
Person / Time
Site:	Zion File:ZionSolutions icon.png
Issue date:	06/19/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Kendall P CHICAGO TRIBUNE, CHICAGO, IL
Shared Package
ML20141B204	List: IA-97-152, Final Response to FOIA Request for Documents.App a Records Being Withheld in Entirety from Public Disclosure (Ref Exemption 7A) ML20141B199 ML20141B207
References
FOIA-97-152 NUDOCS 9706230318
Download: ML20141B199 (3)

Text

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sp.4A y FOlA 97-15i f-g, i \N g) RESPONSE TO FREEDOM OF 4 FINAL REseONsE TvPE l l PAR TI Al, INFORMATION ACT (FOIA) REQUEST oATE

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JUN <i3 ,a97 DOCKET NUMBER (5)(If apphcable/

LEQUESTE R e

Peter Kendall PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes)

No egency records subject to the request have been located.

No tdditional agency records subject to the request have been located.

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

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

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

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

Enclosed is information on how you may obtain access to and the charges for copymg records located at the NRC Public Document Room,2120 L Street, N.W., Washingtori, DC.

j Agency records subject to the request are enclosed.

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Records subject to the request have been referred to another Federal agency (ies) for review and derect response to you.

Fees

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You will be billed by the NRC for fees totaling $

You will receive a refund from the NRC in the amount of $

1 in view of N RC's response to this request, no further action is being taken on appeal letter dated . No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cartsin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part 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 Dublic X inspection ar d copying in the NRC Public Document Room 2120 L Street, N.W., Washington, DC in a folder under this FOI A number, COMML NTS

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h Fot A NUMBERisi DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOIA 152

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(CONTINUATION) M I b }997 l PART 11.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) A are being withheld in their entirety or in part under the I Exsmption No.(s) and for the reason (s) given below pursuant to i 1. The withheld i,1 formation is properly classef,ed pursuant to Executive Order. (Exemption 1)

2. The withneld mformation relates solely to the intomal personnel rules and procedures cf NRC. (Exemption 2) l l 3. The wethheld mformation is specifically exempted from pubhc disclosure by statute indicated. (Exempt.on 3)

Sections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 21612165).

Section 347 of the Atomic Energy Act, whict. peohibits the disclosure of Unclassified Safeguards infcirmation (42 U.S.C. 2167),

4. The wrthheld information es a trade secret or comme 6cial of financial aformation that is being withheld for the reasonisi indicated. (Exemption 4)

The information is considered to be confidential busmess (prope etary) information The mformation is considered to be proprietary information pursuant to 10 CFR 2 790tdH1L The information was submitted and receeved m confidence pursuant to 10 CFR 2 790ldil21 l5 The withheld mformation consists of mteragency or mtraagency records that are not avastabie through discover, dunng htigation (Exemption 5). Appbcable Privilege.

i" liberative P ecess' Desclosure of predecisional mformation would tend to inhibit the open and franic enchange of idecs essential to the debberative process Where records are withheld m their entirety, the facts are enestricatiy intertwined with the predeciseonalinformation Ther e a!so are no reascnably segregable f actua' l portions because the release of the f acts would permst ma ndirect inouiry into the prececisional process of the agency Attomey work product privilege (Documents prepared by an atto.ney en contemptation of 1.tegation i Attomey chent privilege, (Confidential communications between an a$orney and his/her chent.)

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6. The withheld mformation is exempted from pubisc desclosure because its disclosur e would resue in a cicarly onwa' anted mvasion of personal privacy (Exemption 6)

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, X 7. The withheld mformation consists of records compiled for law enf orcement purposes and es being wethheld for the reason (s) ind!cated (Exemption 7) I 1

! Disclosure could reasonably be expected to mtertere with an enforcement proceading because et could reveal the scope, direction, and focus o' ,

X ' enforcement efforts. and thus could poss.bty allow recipients to take action to sheeld potential wrongdoing or a violation of NRC requirements j i from mvestigators. (Exemption 7 (All ,

l Disclosure would constitute an unwarranted savasion of personal privacy. (Exemption 7(CH The information cons >sts of names of end.vidues and other en'ormation the desclosure o' wher' could reasonaDiv De expected to reveal identities of l

f conficential sources. (Exempoon 7 (DH l OTHER l Pt.RT !;. C-DENYING OFFICIALS j

- I Pursvar.t to 10 CFR 9.?S(b) and or 9 25(c6 of tne U.S. Nuclear Regutato*y Comm.ssion regulations. it has been determ;ned that the information withheld is exempt from pro- I 2

l duction or o.iciosu.e. and tnat ,ts oroduct.on or d sciosu,e is contia,y to tne pubhc Tne persons responsibie fo the den a! are inose officia's ident,f ed below as denying interest I off Cia S and the DireCloG D wis'on of Freedom of Information and Pubncat ons Se v.ces. Office of Adm.n<stration for aw den.ais that may be appealed to the Executive Director for Operations (EDOr.

DENYING OFFICIAL I TITLE OFFICE RegiOnaT AiliiiT~nistratOr i

RECORDS DENIED

]i APPELLATE OFFICIAL om i sscat= c A. Bill Beach RIII App A  ! X j i

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L PART 11. D- APPEAL RIGHTS The d2niel by each denymg official ident:fied in Part ll.C may be appealed to the Appellate Of6cial identified there Any such appeal must be rnade in writing withm 30 days of receipt of this response. Appeals must be addressed as appropriats. to the Executive D4 rector for Operations. to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Rowlatory Commission, Washmgton, DC 20555 and should clearly state on tne enveiooe and in the letter that it is an "Apoeal from an initial FOl A Decision."

NRC FORM 464 Part 2)(191) U.S. NUCLEAR REGULATORY COMMISStON

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, a FOIA-97-152 APPENDIX A RECORD BEING WITHHELD IN ITS ENTIRETY NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTION l

1. Undated Notes from AIT Member (5 pages) EX. 7A 1

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