IA-98-282, Final Response to FOIA Request for Documents.Forwards App a Records Released in Entirety.Records in App B Withheld in Part (Ref FOIA Exemption 5)
| ML20195E411 | |
| Person / Time | |
|---|---|
| Issue date: | 11/10/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Blanch P AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20195E415 | List: |
| References | |
| FOIA-98-282 NUDOCS 9811180335 | |
| Download: ML20195E411 (4) | |
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NRC FORM 464 Part 1 U.S. NUCLEAR REGULATORY COMMISS;ON P UIAIVA RESPONSE NUMBER
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m y [" %g 98-282 1 a
- RESPONSE TO FREEDOM OF I
INFORMATION ACT (FOIA) / PRIVACY RESPONSE --
k' . . . ' ACT (PA) REQUEST TYPE d E REQuESIER DATE Paul M. Blanch NOV 1 0 398
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PART 1. -INFORMATION RELEASED
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,] No additional agency records subject to the request have been located.
{} Requested records are available through enother public distribution program. See Comtrents section.
p . APPENDICES !
Agency records subject to the request that are identified in the listed appendices are already available for U
l l public inspection and copying at the NRC Public Document Room.
[R [ APPENDICES : Agency records subject to the request that are identified in the listed appendices are being made available for
" t l public inscection and copying at the NRC Public Document Room.
il 'Ein~ closed 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.
r ~ "KPPENDicEs~~
diL A, B Agency records subject to the request are enclosed.
~ 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. ,
] We are cor,tinuing to process your request. I
~ See Comments.
PART 1.A - FEES
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~^MotiNT' ~ You will be billed by NRC for the amount listed. I Q None. Minimum fee threshold not met.
I ~ You will receive a refund for the amount listed.
- Fees waived.
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nts PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
{} No agency ren,ords subjes to the request have been located.
g-~ -- the reasons stated in Part ll.Certain information in the requested records is being withheld from disclosure pursuan y- This determination may be appealed within 30 days by writing to the FOlA/PA Officer, U.S. Nuclear Regulatory Commission, 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 I
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$. Y Russe A. Powell 9811180335 981110 PDR FOIA BLANCH 98-282 PDR NRC FORM 464 Part 1 (61998) PRINTED ON RECYCLFD PAPER TNs form was desgned using informs
NRC FORM 464 Part il U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA DAR
[k TSPONSE TO FREEDOM OF INFORMATION n 282 ga y 1 0 1998 ACT (FOlA) / PRIVACY ACT (PA) REQUE!ST
, PART ll.A - APPLICABLE EXEMPTIONS l APPEND Es_._j Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under L_ __J the 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)).
] Exemption 1: The withheld infortriation is properly classified pursuant to Executive Order 12958.
] Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC.
] Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.
r1 Sections 141-145 uf the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerfy Restricted Data (42 U S.C.
LJ 2161 2165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
]R 41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposais in the possession and control of an LJ 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.
rl Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s)
L' indicated.
] The information is considered to be confidential business (proprietary) information.
i r] The information is considered to be proprietary because it concems a licensee's or applicant's physical protection or material control and w 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).
- y Exemption 5
- The withheld information consists of interagency or intraagency records that e e not available through discovery during m htigation. Applicable privileges:
3 Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the NJ deliberative process. Where records are withheld in their entirety. the facts 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-chent privilege. (Confidential communications between an attomey and his/her client)
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Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.
,f Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) m indicated.
- J (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).
Q (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 reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could J reasonably be expected to risk circumvention of the law.
E (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
] 3THER (Specify)
PART be - DE1YING 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 er C, closure, and tnat its production or disclosure is contrary to the public interest. The person responsible for the dental are those officials identified below as denying officials and the FOIA/FA Officer for any dInials that may be appealed to the Executive Director for Operations (EDO)._ . _ _
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~~~ ~ - 'Appendis B -~ ~
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Asnette Vietti-Cook Assistant Secretary of the Commission
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Appeal must be made in wnting wdhiA30 days of receipt of this response. ' Appeafs 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 cl:arly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 464 Part N (6-1998) PRINTED ON RECYCLED PAPER This form was designed using informs
\l gEi Re: FOIA-98-282 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY (if copyrighted identify with *)
NO. DATE DESCRIPTION /(PAGE COUNT) ,
- 1. 04/30/95 Letter from Paul Blanch to John Hoyle regarding Draft Policy
- Statement. (10 pages)
- 2. 09/30/95 Letter from Paul Blanch to John Zwolinski regarding proposed license amendment for Millstone Unit 1. (7 pages)-
- 3. 12/26/95 Letter from Paul Blanch to Chairman Jackson regarding meeting to discuss safety of nuclear power plants. (3 pages)
- 4. 02/22/96 Letter from William Russell to Paul Blanch responding to 12/26/95 letter. (4 pages)
- 5. 03/03/96 Letter from Paul Blanch to Chairman Jackson regarding compliance with regulations. (1 page)
- 6. 08/25/97 Letter from Paul Blanch to Chairman Jackson regarding meeting on 4/9/96. (1 page)
- 7. 12/13/97 Letter from Paul Blanch to Chairman Jackson regarding 11/14/97 meeting. '(1 page)
- 8. 12/14/97 Letter from Paul Blanch to Comrnissioner Diaz regarding 11/14/97 meeting . (1 page)
- 9. 01/13/98 Letter from Commissioner Diaz to Paul Blanch regarding 11/14/97 visit. (1 page)
! 10. 05/13/98 Record of Chairman Jackson's schedule on 04/09/96. (1 4 page)
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Re: FOIA-98-282 APPENDIX B RECORDS BEING WITHHELD IN PART NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS 1, 10/19/95 Memo from Michael Tschiltz to Chairman Jackson regarding Meeting with Paul Blanch. (4 pages) EX. 7(C)
- 2. 04/08/96 Memo from Brian Holian to Chairman Jackson, subject:
Meeting with Paul Blanch (4/9/96). (2 pages) EX. 5 DELIBERATIVE PROCESS l
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