ML20138F918
| ML20138F918 | |
| Person / Time | |
|---|---|
| Issue date: | 10/16/1996 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Gourley J AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20138F923 | List: |
| References | |
| FOIA-96-348 NUDOCS 9610180116 | |
| Download: ML20138F918 (4) | |
Text
U.S. NUCLEAR REGULATORY COMMISSION NHC FOtA REQUEST NUM8EH(S) y-y.m he, FOlA - T4(- 3 W RESPONSE TYPE i '*"
i bk RESPONSE TO FREEDOM OF XFINAL l l PAR TIAL S
N eee.e./ INFORMATION ACT (FOIA) REQUEST o^'T E TQF [0CI 101996 DOCKET NUMBER (S) U/apphcah/el R E QUEST E
// // PART l.-AGENCY REQ 0flD;, RELEASED OR NOT LOCATED (Sce checked boxes) y <
No agency records subject to t;.e request have been located.
No additional agency records subject to the request have been located.
Riquested records are available through another public distribution program. See Comments section.
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) -
6:e ocing made available for pubhc inspection and copying at 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 pronma!(s) that you agraed to accept in a telephone conversation with a member of my staff is now being made available for pubhc inspection and wpying 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 Room identified in the Comments section.
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, N.W., Washington, DC.
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l Agency records subject to the request are enclosed.
Records subject to the request have been referred to anuther Federal agency (ies) for review and direct response to you.
Feas You will be billed by the N RC for fees totakng $
You will receive a refund from the NRC in the amount of $
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 D'SCLOSURE Cartsin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated i
in Part 11, 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 inspection and copying in the NRC Public Document Room,2120 L Street, t W., Washington, DC in a folder under this FOIA numbar, COMME NTS 9
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9610100116 961016 PDR FOIA COURLEY96-348 PDR
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, j FotA NUMeER($1 DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA - yqp;JW W' l6M (CONTINUATION) l PART ll.B- APPLICA8LE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in part under the i Enemption 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 N RC regulations.
- 1. The withheld information is properly classified pursuant to Executive Order. (Exemption 1)
- 3. The withheld mformation relates solely to the mternal personnel rules and procedures of NRC (Exemption 2) l l3, The withheld mformation is specif<ePy saempted from pubhc disclosure by statuta indicated. (Exemption 3 bections 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 21612165).
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Section 147 of the Atomic Energy Ace, which prohibits the discicsure of Unclassified Safeguards Information (42 U.S.C. 2167).
- 4. The withheld mformation is a trade secret or commercsal or financial mformation that is being withheld for the reasonis) jndicated. (Exemption 4)
The mformation is considered to be confidential busmess (propnetary) oformation.
The mformation is considered to be propnetary mformation pursuant to 10 CFR 2.7904dH10 l The mformation was submitted and received in confidence pursuant to 'O CFR 2 790(dH2l The withheld mformation consists of mteragency or mtraagency records that are not avaelable through discovery during htigation (Exemption 6). Applicable Privilege:
Dehberative Process. Disclosure of predecisional information would tend to mhebit the open and frank enchange of ideas essential to the dehberative process.
Where records are withheld m their entirety. th ' acts are inentncably intertwined with the predecisecnal mformation. There also are no reasonably se yesi;ble f actual portions because the release of the f acts would permit an indirect mouiry into the predecisional pr ocess of the agency.
Attorney work product pnvilege (Documents prepared by an attorney in contemplation of htigaron i Attorney. client privilege. (Confidential communications between an attorney and his/her client.)
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- 3. The withheld information is esempted from pubhc disclosure because its disclosure would result m a clea'ly unwarranted mvasion of personal pnvecy (Exemption 6) i
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- 7. The withheld mformation consists of records compiled for law enforcement purposes and is bemy withheld for the reason (s) mdicated. (Exernption 7) 3 Disclosure could reasonably be expected to interfere with an enforcement proceedmg because rt could reveal the scope, derection, and focus of t."
enforcement efforts, and thus could possibly allow recipients to take action to shield potential wronglomg or a violation of NRC requirements
? = from investigators. IExemption 7 (AD Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(C))
- Ihm information consists of names of individuals and other information the disclosve of WNch could reJsonably be OEDected in reveal identities of 1 con idential sources. (Exemption 7 (D))
OTHER l PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25(b) and or 9 25tc) of the U.S. Nuclear Regulatory Com%ss.on regulations, it has been determined that the mformation withheld is exempt from pro.
duction or disclosure, and that its production or d,sclosure ,s contrary to the pubhc mterest. The persoris responsible for the denial are those officials identified below as denymg officials and the D. rector, Diviston of Freedom of Informatron and Pubhcetions Semces, Office of Administration, for any denials that may be appealed to the Executive Director for Operations (EDOL OENYING OFFICIAL TITLE OFFICE RECORDS DENIED APPELLATF OFFICIAL l
EDO SECRErARY IG
& . .%Etans-N y
I h a ,c C A l
l l PART 11. D- APPEAL RIGHTS Tho denici by each denying official identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made m wnting within 30 rf ays of recetpt of this rosponse. Appeats must be addressed as appropnate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope anc in the letter that it is an " Appeal from an Initial FOl A Decision." l NRC FORM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION
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Re: F0IA-96-348 APPENDIX A RECORDS BEING PLACED INTO THE W R UNDER THE ABOVE RE0 VEST NUMBER NUMBER Q&IE DESCRIPTION
- 1. 4/1/92 Letter to I. Selin from G. Miller re: Disposal of radioactive contaminated wasto [ Document 108]
(2 pages)
- 2. 4/1/92 Letter to I. Selin from G. Miller re: Disposal of radioactive contaminated waste [ Document 181]
(2 pages)
- 3. 4/23/92 Memo to H. L. Thompson from A. B. Davis re:
Answers to Congressman Miller's Qustions
. Regarding DOE Disposal of Radioactive Contaiminated Waste [ Document 198] (2 pages) i 4. 4/24/92 Letter to G. Miller from I. Selin re: Response
- to 4/1/92 letter (Document 180] (1 page)
- 5. NRC Staff Responses to Questions from,the Honorable George Miller [ Document 182] (5 pages) 4
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i Re: F01A-96-348 APPENDIX B I J BECORDS PARTIALLY WITHHELD NUMBER DEI DESCRIPTION & EXEMPTION
- 1. 3/26/92 Memo to File 92-331 re: Meeting Between 0IG and NMSS to Discuss Disposal of Special Nuclear Material (SNM) [ Document 107] (4 pages) EX. 7C
- 2. 5/11/92 Report of Interview [ Document 202] (1 page)-EX.
7C
- 3. Undated Memo to File 92-311 re: Hazardous Waste Disposal ,
by DOE Contractor [ Document 203] (1 page) EX. 7C l l
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