ML20138M043

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Final Response to FOIA Request for Documents.Forwards Documents Listed in App a in Entirety,App B Records Being Withheld in Part & App C Records Being Withheld in Entirety (Ref FOIA Exemption 5)
ML20138M043
Person / Time
Issue date: 02/14/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Jouse W
ARIZONA, UNIV. OF, TUCSON, AZ
Shared Package
ML20134P275 List:
References
FOIA-96-356 NUDOCS 9702250243
Download: ML20138M043 (6)
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Text

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RESPONSE TO FREEDOM OF x l FINAL RESPONSE TYPE l l PARTIAL INFORMATION ACT (FOIA) REQUEST DATE DOCKET NUMBER (S)(t/spphca04)

.sEOUE ST E R Dr. Wayne Jouse PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED fSee checked boxes /

No agency records subject to the request have been located.

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

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

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) A are being made available for public inspection and copying X tt the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOI A 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 N RC 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 i Room identified in the Comments section, j 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, l N.W., Washington, DC.

X Agency records subject to the request are enclosed.

I R cords subject to the request have been referred to another Federal agency (ies) for review and direct response to you. l 1

Fees X (NONE) l You will be billed by the NRC for fees totaling $  !

You will receive a refund from the N RC in the amount of $

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in view of N RC's response to this request, no further action is being taken on appeal letter dated , No. I PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE ,

1 C:rtain information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Pcrt it, 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 l X inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number. l COMMENTS i l

The records identified on enclosed Appendices A, B, and C, are ,

responsive to your request. Copies of Appendix A, and the releasable portions of Appendix B records are enclosed. Appendix C records are being withheld.

You are not being assessed fees for the processing of your request since the minimal fee limit has not been exceeded. This completes NRC's action on your request.

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FQlA NUMBEMts) DATs i

RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 356 fEB 14 g i (CONTINUATION) l PART 11.5- APPLICA8tE EXEMPTIONS 4 Records subject to the request that are described in the enclosed Appendix (es) O b C are 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 CF R 9.17(a) of NRC regulations.

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1. The withheld information es properly classified pursuant to Executive Order. (Exemption 1) a 2. The withheld mformation relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2)
3. The withheld mformation is specifically 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. 21612165).

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

4, The wrthheld information is a trade secret or commercial or financial mformation that is bemg withheld for the reasonis) indicated. (Exemption 4)

The mformation is considered to be confidential busmess (proprietary) mformation.

e The mformation is considered to be proprietary mformation pursuant to 10 CFR 2,790ldHIL The mformation was submitted and recewed m confidence pursuant to 10 CFR 2 790(dH2).

)( 5. The withheld information consists of mteragency or mtraagency records that are not available through descovery during litigation (Exemption 5). Applicable Privilege:

, Deliberative Process: Disclosure of predecisional mformation would tend to mhebit the open and frank exchange of ideas essential to the deliberative process-Where records are withheld m their entirety, the f acts are mentricably mtertwined with the predecisionalinformation. There also are no reasonably segregable f actual XX portions because the reiease of the f acts wouid permai en indirect mouir, mto it e predecisionai process of ine agency.

Attorney work product privilege (Documents prepared by an attorney m contemptation of litigation 1 Attorney client privilege. (Confidential communications between an attorney and his/her client.)

6. The withheld mformation is esempted from public disclosure because its disclosure would result in e clearly unwarranted mvasion of personal privacy. (Exemption 6)
7. The withheld information consists of records compded for law enforcement purposes and is being withheld for the reason (s) mdicated (Exemption 7)

Disc.losure could reasonably be expected to interfere with an enforcement proceeding because it could reveal the scope, direct:on, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from investigators. (Exemption 7 ( AD f

4 j.._ Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(C))

The information consists of names of individuafs and other information the disclosure of Ahich could reasonably be enoected to reveal identities of confidential sources. (Exemption 7 (D))

OTHEH PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9,251b) 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 sta product on or disclosure is contracy to the public interest. The persons responsible for the den 6al are those officials identified below as denymg I officials for Operationsand the Director. Division of Freedom of Information and Pubhcations Servicct Office of Admmistration, for any denia (EDCL l DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE OFFICIAL EDo SECRETARY IG IEdwardL. Halman Director, DCPM App. B&C X l

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l PART 11. D- AP'EAL RIGHTS Tt's dsnial by each denymg official identified m Part il C may be appealed to the Appellate Official identified there. Any such appeal must be made m writing withm 30 days of receipt 1 of tr'is response. Appeats must be addressed. as appropriate, to the E xecutive Director for Operations to the Secretary of the Commissiori, or to the inspector General, U,$. Nuclear Regulvory Commission. Washmoton, DC 20555, and should clearly state on the envelope and in the letter that it is an Appeal from an initial FOl A Decision."

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

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4 Re: FOIA-96-356

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APPENDIX A 4

RECORDS BEING RELEASED IN THEIR ENTIRETY (If copyrighted identify with *) ,

Nai DAIE DESCRIPTION /(PAGE COUNT) l i

1 3/10/94 Ltr to Dr. Wayne Jouse from Rebert Brill, re: Bi- l Monthly Report On USNRC Grant NRC-04-93-089 (2 pages) 2 5/10/94 Ltr.to Mr. Robert Brill from Wayne C. Jouse re: Bi-Monthly Report On USNRC Grant NRC-04-93-089 (2 pages) 3 7/11/94 Ltr to Mr. Robert Brill from Wayne C. Jouse re: Bi-Monthly Report On USNRC Grant NRC-04-93-089 with I

! timeline (4 pages) j i -

4. 7/28/94 Fax transmittal to Mr. Joe Cramer from Dr. Wayne Jouse with attiched letter to Mr. Robert Brill from Wayne C.

Jouse re: Bi-Monthly Report On USNRC Grant NRC-04 l 089 with timeline (4 pages)

5. 8/3/94  !.tr to USNRC from Peter F. Mather re: Grant No. NRC-

, 04-93-089 - Quarterly Reports (1 page) 1

6. 9/8/94 Ltr to USNRC from Wayne C. Jouse re: Bi-Monthly report l on Crant No. NRC-04-93-089 (1 page)
7. 9/9/94 Ltr to USNRC from Wayne C. Jouse re: Bi-Monthly report on Grant No. NRC-04-93-089 (1 page)
8. 11/7/94 Ltr to USNRC from Wayne C. Jouse re: Bi-Monthly report

! on Grant No. NRC-04-93-089 (1 page)

9. 3/7/95 Ltr to USNRC from Wayne C. Jouse re: Bi-Monthly report l
on Grant No. NRC-04-93-089 (1 page).  !
10. 6/29/95 Ltr to Mary Mace, USNRC, from Michael A. Cusanovich ,

i re: Notice of Termination to Mr. Wheeler, dated i 5/23/95 (14 pages) )

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11. 3/8/95 E-Mail to Robert Brill from Wayne C. Jouse re: text of

. bi-monthly for the last two months (1 page)

12. 3/8/95 Ltr to USNRC from Wayne C. Jouse re: Bi-Monthly report on Grant No. NRC-04-93-089 (2 pages)
13. 3/10/95 Fax transmittal to Wayne Jouse from Paul Sandoval (1 Page)
14. 3/16/95 Ltr to USNRC, via Federal Express, from Peter F.

1 Mather, re: NRC Grant No. 04-93-089 Interim Reports (1 ,

page) ,

15. 4/27/95 Ltr to USNRC from Wayne C. Jouse re: Bi-Monthly for USNRC Grant No. NRC-04-93-089 (5 pages) 16, 4/10/95 Memo to Edward Halman from M. Wayne Hodges, re:

page)

Termination of Grant NRC-04-93-089 (1

17. 5/23/95 Ltr to James Wheeler from Mary Mace, re:

Notice of Termination for Cause, Grant No.

NRC-04-93-089, University of Arizona, (3 pag.es)

18. 7/19/95 Ltr to M. Cusanovich, re: Notice of Termination of Grant No. NRC-04-93-089, (1 page) ,

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19. 7/26/96 E-Mail from Robert-Brill to Shirley Crampton, (1 page)
20. 8/7/95 Memo to Petricia Norry from Edward Halman re: University of Arizona Grant No. NRC- l 04-93-089 Entitled Detection of Digital  :

Plant Controller Faults, (1 page)

21. 8/15/95 Memo to Ronald Thompson from Patricia l Norry re: Appointment to Review Committee - i University of Arizona's Appeal of NRC's Termination of Grant No. NRC-04-93-089 Entitled Detection of Digital Plant Controller Faults, (1 page) l

'n Res POIA-96-355

! APPENDIX B - Exemption 5 l

RECORDS BEING NITKHELD IN'PART I l l

RQs. DATE DESCRIPTION /(PAGE COUNT 5/EEEMPTIONS

1. 3/8/95 Ltr to The University of Arizona Fe: Grant ,

No. NRC-04-93-089 Entitled " Automatic l Detection of Digital Plant Controller Faultu" from Mary Mace (2 pages) - EX. 5 PREDECISIONAL

2. 8/1/ Ltr to Mr. Michael A. Cusanovich re:

" University of Arizona Grant No. NRC-04 089, Appeal of Termination for cause" fron l Mary Mace (3 pages) - EX. 5, PREDECI,SIONAL l l

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l Re: F0!A-96-356 l

APPEIGIX C Ex. 5 RECORDS BEING NITittELD IN THEIR ENTIRETY l

& Ogg DESCRIPT10N/fPAGECOUNil/ EXEMPTIONS

1. Undated Draft of Ltr to Mr. Michael A. Cusanovich from Mary i Mace re: University of Arizona Grant No. NRC-04-93-089  !

Appeal of Termination for Cause (2 pages)- PREDECISIONAL

2. Undated Handwritten Notes (1 page) - PREDECISIONAL
3. Undated Handwritten Notes (1 page) - PREDECISIONAL

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4. Undated Documents Reviewed by Grant Termination Appeal Review Committee (2 pages) - PREDECISIONAL j
5. Undated Note to Shirley re termination for the Arizona grant l (1 page) - PREDECISIONAL
6. 12/7/95 Memo for Patricia G. Norry from Grant Termination Appeal Review Committee re: Finds and Recommendations Regarding the University of Arizona Appeal of Termination of NRC Grant 04-93-089 for Cause (4 pages)-

PREDECISIONAL 7 12/21/95 E-Mail from Robin Teichman to Shirley Crampton re:

Draft Terminat. ion letter - Reply (1 page)- ATTY CLIENT l

8. 12/21/95 E-Mail from Robin Teichman to Shirley Crampton re:

Draft Termination letter - Reply (1 page)- ATTY CLIENT l

9. 7/23/96 E-Mail from Robin Teichman to Shirley Crampton re: ,

Termination letter to Un. of Arizona - Reply (1 page)- ATTY CLIENT l

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