ML20129G581
| ML20129G581 | |
| Person / Time | |
|---|---|
| Issue date: | 09/18/1996 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Morgan B WINSTON & STRAWN |
| Shared Package | |
| ML20129E434 | List: |
| References | |
| FOIA-96-359 NUDOCS 9610030093 | |
| Download: ML20129G581 (4) | |
Text
U.U. ruuLLcNH McGUL'AIOHY COMMISSION NHC FOIA HEQUE51 NUMBER (S)
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i -4 RESPONSE TG FREEDOM OF yl FINAL l l PARTIAL
( / INFORMATION ACT (FOlA) REQUEST oeE g)gg DOCKET NUMBER (S)(If apphcable)
LE QUEST E R
/ 8 fM PART l.-AGENCY F3Ef.,ORDS RELEASED OR NOT LOCATED fSee checked boxes /
No rgency records subject to the request have been located.
No cdditional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments section. l Agency records subjec' to the request that are identified in Appendix (es)
. are already available for public inspection and copying at the
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NRC Public Document Room,2120 L Street, N.W., Washington, DC.
Agency records subject to the request that are identified in Appendix (es) N are being made available for public inspection and copying tt 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 i 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 Room identified in the Coraments section.
Enclosed is information on how you may obtain access to and the charges for copy ng records located at the NRC Public Document Room,2120 L Street, N.W., Washington, DC Agency records subject to the request are enclosed. l l
RIcords subject to the request have been referred to another Federal agency (ies) for review and direct response to you. j Fees You will be billed by the N RC for fees totaling $ 1 You will receive a refund from the NRC in the amount of $
In vizw 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 ,
Cirtrin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in P:rt it. 8, 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 X. Inspection and copying in the NRC Public Document Room,2120 L Street, N.W.,Weshington, DC in a folder under this FOIA number, i
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l PART 11.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (est 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 CFR 9.17(a) of NRC regulations.
- 1. The withheld mformaton as properly classified pursuant to Executive Order. (Exemption 1)
- 2. The withhe6d mformation relates solely to the mtemal personnel rules and procedures of NRC. (Exemption 2) l 3. The withheld mformation es specsfically 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 prohibsts the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
l 4. The wethheld information as a trade secret or commercial or financial information that is bemg withheld for the reason (s) indicated. (Exemption 4) I i
The mformation is considered to be confalential busmess tpropnetary) information The information is considered to be propnetary mformation pursuant to 10 CFR 2.790tdlit)
The mformation was submitted and received m confsdence pursuant to to CFR 2.790idH2L '
- 5. The withheld mformation consists of mteragency or mtraagency records that are not available through discovery during litigation (Ememption 5). Applicable Privilege:
Deliberative Process; Disclosure of pr.: decisional mformation would tend to snhibst the open arid frank enchange of ideas'e'sse'n1 sal to'the deliberathe pr'oCess Where records are withheld in their entirety, the facts are sneatncably mtertwined with the predecisional mformation There also are no reasonably segregable factual portions because the release of the f acts would permit en andarect movery mto the predecisional process of the agency.
Attorney work-product privilege (Documents prepared by an attorney in contemplatsun of litigation 1 Attorney client privilege. (Confidential commumcations between an attomey and his/her client.)
- 6. The withheld mformation is enempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal pntacy. (Exemption 6)
)
4 (Exemption 7)
- 17. The withheld mformation consists of records compiled for law enforcement purposes and is being w Disclosure could' reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope, direction, s'n d focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wronylomg or a violation of N RC requirements from investigators. (Exemption 7 ( A))
Disclosure would constitute an unwarranted invasion of personal privacy. (Exemption 7(C))
The information consists of names of moiv.duais and other mformation the desclusure of which could reasonably be emoected to reveal identities of confidentwt sources. (Enemption 7 (01)
OTHER l PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(b) and'or 9 251c) of the U.S. Nuclear Regulatory Comm+ssion reguiations, it has been determined that the snformation withheld is eAempt from pro-duction or disclosure, and that nts productson or desclosure a contrary to the public mterest, The persons respons ble for the deneal are those officials identified below as denying official: and the Director. Division of Freedom of information and Publ. cations Services. Office of Admmistration, for any denials that may be appealed to the Executive Director for Operations (EDOL l DENYING OFFICIAL TITLEeOFFICE RECORDS DENIED APPELLATE OFFICIAL j l _
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l 1 l PART li. D- APPEAL RIGHTS The danial by each denying official identified in Part II.C may be appealed to the Appellate Official identified there. Any such appeal must be made in writmg withir 30 days of receipt of this response. Appeals 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 N3@Jiatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Imtial FOI A Decision.
NRC FORM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION
d Re: FOIA-96-359 APPENDIX A RECORDS BEING PLACED INTO THE PDR UNDER THE ABOVE REQUEST NUMBER i NUMBER Q&IE DESCRIPTION
. 1. 6/2/95 Exhibit 30 to ROI 1-95-019, Report of Interview with T. Dougherty (6 pages)
. 2. 6/15/95 Exhibit 52 to ROI 1-95-019, Report of Interview with A. Ettlinger (6 pages)
- 3. 5/19/95 Exhibit 53 to ROI 1-95-019, Memo to File from J. ,
A. Treator re: 1-95-019, Conversation with D. '
Browne (1 page)
o Re: FOIA-96-359 APPENDIX B RECORDS PARTIALLY WITHHELD E!BSEE DATE DESCRIPTION & EXEMPTION
- 1. 4/20/95 Exhibit 8 to ROI 1-95-019, Report of Interview with T. Dougherty (9 pages) EX. 7C
- 2. 5/17 & Exhibit 11 to ROI l-95-049, Report of Interview 6/1/95 with A. Ettlinger (7 pages) EX. 7C
- 3. 6/15/95 Exhibit 36 to ROI l-95-019, Report of Interview with K. Donahue (4 pages) EX. 7C 4, 6/15/95 Exhibit 37 to ROI l-95-019, Report of Interview with L. M. Steinmetz (5 pages) EX. 7C
- 5. 5/4/95 Exhibit 43 to ROI 1-95-019, Transcript of Interview with U. V. Witte (143 pages) EX. 7C
- 6. 7/19/95 Exhibit 49 to ROI 1-95-019, Report of Interview with H. Gilmartin (13 pages) EX. 7C
!. 6/15/95 Exhibit 50 to ROI l-95-019, Report of Interview with J. Brennan (5 pages) EX. 7C
- 8. 4/14/95 Exhibit 58 to ROI 1-95-019, Report of Interview with J. J. Hahn (2 pages) EX. 7C
- 9. 7/19/95 Exhibit 61 to ROI l-95-019, Report of Interview with N. Mather (2 pages) EX. 7C
- 10. 7/19/95 Exhibit 66 to ROI 1-95-019, Report of Interview with S. S. Zulla (2 pages) EX. 7C
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