ML051520404
| ML051520404 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 05/27/2005 |
| From: | Reed C NRC/OIS/IRSD/RFSB |
| To: | Gunter P Nuclear Information & Resource Service (NIRS) |
| References | |
| FOIA/PA-2004-0277 | |
| Download: ML051520404 (4) | |
Text
NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA RESPONSE NUMBER 2004-0277 33 RESPONSE TO FREEDOM OF
- INFORMATION ACT (FOIA) / PRIVACY RESPONSE g FINAL [ PARTIAL ACT (PA) REQUEST TYPE REQUESTER DATE Paul Gunter f/l 1 7 2t ° 5 PART I. - INFORMATION RELEASED D No additional agency records subject to the request have been located.
F2 Requested records are available through another public distribution program. See Comments section.
w l
[
DICES]
j Agency records subject to the request that are identified in the listed appendices are already available for public Inspection and copying at the NRC Public Document Room.
APPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for l LLL 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.
ErrPENICES7 APPENDIE Agency records subject to the request are enclosed.
D Records subject to the request that contain information 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.
D We are continuing to process your request.
D See Comments.
PART l.A - FEES DAMOUNT You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.
$ You will receive a refund for the amount listed. j Fees waived.
See comments for details PART l.B - INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D No agency records subject to the request have been located.
Certain information In the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part II.
This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Clearly state on the envelope and In the letter that it is a "FOIAIPA Appeal."
PART l.C COMMENTS (Use attached Comments continuation naqe If required)
The incoming FOIA/PA-2004-0277 request is located in ADAMS at MIL041810024.
SIGNATURE - FREEDOM OF INFORMATION ACT AND PRVAXACT OFFICER o<
Carol Ann Reed Lleg5 PRINTD ON RECYCED PAPER NRC FORM 46 Part 1 (61998) TisorwsdegndtsnInom NRC FORM464 Part 1 (6-1s98) PRINTED ON RECYCLED PAPER This formn was designed using InFormns
NRC FORM 464 Part It U.S. NUCLEAR REGULATORY COMMISSION FOIAIPA DATE 6r-19938)
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST 2004-0277 PART IL.A -APPLICABLE EXEMPTIONS l nAPPF~ r.FS Records subject to the request that are described In the enclosed Appendices are being withheld in their entirety or in part under the ILLLA MND1 Exemption No.(s) of the PA and/or the FOIA as Indicated below (5 U.S.C.552a and/or 5 U.S.C. 552(b)).
El Exemption 1: The withheld Information is properly classified pursuant to Executive Order 12958.
D Exemption 2: The withheld information relates solely to the Internal personnel rules and procedures of NRC.
DI Exemption 3: The withheld information is specifically exempted from public disclosure by statute Indicated.
aSections 2161-2165).
141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C.
LI 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.
gI 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) Information.
Fl 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 pursuant to 10 CFR 2.790(d)(2).
gb Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation.
Applicable privileges:
Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entiretyphe fads are inextricably Intertwined with the predecisional information.
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.
Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation)
] Attomey-client privilege. (Confidential communications between an attorney and his/her client)
Exemption 6: The withheld information is exempted from public disclosure because ts disclosure would result in a clearly unwarranted Invasion of personal privacy.
DI Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.
l (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 Investigators).
L (C)Disclosure would constitute an unwarranted invasion of personal privacy.
l (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 (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expected to risk circumvention of the law.
2 (F) Disclosure could reasonably be expected to endanger the life or physical safety of an Individual.
OTHER (Specify)
Disclosure will harm an identifiable private or governmental interest.
PART 1l.B - DENYING OFFICIALS 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 interest. The person responsible for the denial are those officials identified below as denying officials and the FOIAIPA Officer for any denials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED SATEOFFICIAL William D. Travers Regional Administrator, Rll Appendix LLL, Appendix v Bruce S. IMlallet Regional Administrator, RIV Appendix A1N11%1-2 _
l-Appeal must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/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."
PAPER This form was designed using InForms NRC FORM 464 NRC FORM Part 11(6-1998) 464 Part 11(6-1998)
PRINTED ON RECYCLED PRINTED ON RECYCLED PAPER This form was designed using InForms
FOIA-2004-0277 APPENDIX LLL RECORDS WITHHELD IN PART NO. DATE DESCRIPTIONI(PAGE COUNT)IEXEMPTIONS
- 1. 10/23/03 Action Request 00999710 (38 pages) Ex. 4
- 2. 2/2/04 Nuclear Condition Reports Initiated Last Day (4 pages) Ex. 4
- 3. 2/20/04 Nuclear Condition Reports Initiated Last Day (1 page) Ex. 4
- 4. 2/24/04 Nuclear Condition Reports Initiated Last Day (1 page) Ex. 4
- 5. Undated Attachment 16, Significant Adverse Condition Investigation Report (53 pages) Ex. 4
FOIA-2004-0277 APPENDIX MMM RECORDS WITHHELD IN THEIR ENTIRETY NO. DATE DESCRIPTIONI(PAGE COUNT)WEXEMPTIONS
- 1. Undated Deviations/OOSL Items by Fire Area (5 pages) Ex. 4