ML20217N024

Final Response to FOIA Request for Documents.Documents Listed in App a Being Released in Entirety.App B Records Being Withheld in Part (Ref FOIA Exemption 6)

ML20217N024
Person / Time
Issue date:	10/26/1999
From:	Reed C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Jackson J AFFILIATION NOT ASSIGNED
Shared Package
ML20217N029	List: ML20217N024
References
FOIA-00-2 NUDOCS 9910280106
Download: ML20217N024 (4)

Text

U.S. NUCLEAR REGULATORY COMMISSION t UlAIVA RESPONSE Nu%1ER

, NRC

_ FORM 464 Pirt ij T p'# " 2000-02 1

/ # RESPONSE TO FREEDOM OF I E INFORMATION ACT (FOIA) / PRIVACY RESPONSE g- N A AL k* e , < *) ACT (PA) REQUEST TYPE REQUESTER DATE Jeremiah D. Jackson Oct 2 6199g PART l. -INFORMATION RELEASED No additional agency records subject to the request have been located.

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

r- APPEN0 ices Agency records sut' ject to the request that are identified in the listed appendices are already available for

~

pubhc inspection and copying at the NRC Public Document Room.

y- - . APPENOtCEs Agency records subject to the request that are identified in the listed appendices are being made available for

~~A,h public inspection and copying at the NRC Public Document Room.

' ~ Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public

- Document Room,2120 L Street, NW, Washington, DC.

I d . APPENDICES B ~ records subject to the request are enclosed.

Agency

]

Redor~ds sutdect to the request that contain information originated by or of interest to another Federal agency have been I referred to that agency (see comments section) for a disclosure determination and direct response to you. I We are continuing to process your request.

See Comments.

I 4

PART l.A - FEES AMOUNT * ~ ~ You will be billed by NRC for the amount listed. g None. Minimum fee threshold not met.

3 You will receive a refund for the amount listed. Fees waived. I rits' PART 1.8 -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

g Certain information in the requested records is being withheld from disclosure pursuant to tne exemptions described in and for the reasons stated in Part II.

This determination may be appea ed within 30 days by writing to the FOfA/PA Officer, U.S. Nuclear Regulatory Commission, y Washington, DC 20555-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."

PART l.C COMMENTS (Use attached Comments continuation page if required) l O

'f OI7Ohf"-OO 4 .

, l f I 4 9910280106 991026 .

PDR FOIA JACKSONOO-2 PDR hiUNATUH6. FRLtDOM UF lhtOHMAllON AC T AND PH6VAGV AGI QFFotR Carol Ann Ree[g M, I f / f' PRINTED ON RECYCLED PAPER This form was designed using informs NRC FORM 464 Part 1 (61998)

W /6 2 E W 6 6 .

NRC FORM 464 P/ rt it U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA oME 7t'ESPONSE TO FREEDOM OF INFORMATION 2m2 M1 3 3 m ACT (FOIA) / PRIVACY ACT (PA) REQUEST j PART ll,A - APPLICABLE EXEMPTIONS

.APPENo ES. . '

Records subject to the request that are descnbod in the enclosed Appendices are ceing withheld in their entirety or in part under

- _ _ - .the Exemption No (s) of the PA and/or the FOtA as indicated below (5 U.S C. 552a 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 internal personnel rules and procedures of NRC. l

] Exemption 3: The withheld information is specafically exempted from public disclosure by statute indicated. l

~

Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerty 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 financialinformation that is being withheld for the reason (s) )

indicated.

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

=

The information is considered to be proprietary because it concerns a hcensee's or applicant's physical protection or material control and accounting program for special nuclear matenal pursuant to 10 CFR 2.790(d)(1).

~~

The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).

~-

5 Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during htigation. Applicable privileges:

j Dehberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of irleas essential to the I deliberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional information. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry  ;

ento the predecisional process of the agency. '

Attorney work-product privilege. (Documents prepared by an attorney in contemplation of htigation) j Attorney-client pnvilege. (Confidential communications between an attorney and his/her client) y Exemption 6 The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.

~~

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

(C) Disclosure 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 expected to reveal '!

identities of confidential sources (E) Disclosure would revea, techniques and procedures for law enforcement investigations 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.

OTHER (Specify)

PART ll,B -- DENYING OFFICIALS l Pursuant to 10 CFR 9.25(g),9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public inttrest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any d:nials that may be appealed to the Executive Director for Operations (EDO).

~

DENYING OFFICIAL TITLE / OFFICE Regional Administrator, Region IV RECORDS DENIED [Yef$

Ellis W. Merschoff ' Appendis B g

~

I

~

Appeal mu's t t$e made in wnting withiri30 days of receipt of this response. Appeals should be' mailed to the FOlA/ Privacy Act Officer,  ;

U.S. Nuclear Regulatory Commission, Washington DC 20555-0001, for action by the appropriate appellate official (s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal." j NRc FORM 464 Partit (6-1998) PRINTED ON RECYCLED PAPER This torrn was designed usmg informs I

i s.

Re: FOIA-2000-02 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *)

NO, DATE DESCRIPTION /(PAGE COUNT)

1. 01/12/98 Letter to Ms. Beth Prange, NRC RIV, Walnut Creek Field Office from Walter D. Cunningham, Vice President, Waste Management Services, Division, Acting Radiation Program Manap3r,

Subject:

Notification of Personnel Changes for NRC License Number 27-29103-01,1 page.

2. 05/18/98 Letter to Ms. Beth Prange, NRC RIV, Walnut Creek Field Office from Tony R. Mason, CHP, RSO, Corporate Health Physicist,

Subject:

Amendment of NRC License Number 27-29103-01 from initial letter dated February 5,1998,1 page.

Re: FOIA-2000-02 APPENDIX B RECORD BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 02/05/98 Letter to Ms. Beth Prange, NRC RIV, Walnut Creek Field Office from Tony R. Mason, CHP, RSO, Corporate Health Physicist,

Subject:

Amendment of NRC License Number 27-29103-01 from initial letter dated February 5,1998, with enclosures,11 pages.

{ EXEMPTION 6).

l l

i i