ML20203B858
| ML20203B858 | |
| Person / Time | |
|---|---|
| Issue date: | 02/08/1999 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Ghasemian S UNITED STATES ENRICHMENT CORP. (USEC) |
| Shared Package | |
| ML20203B863 | List: |
| References | |
| FOIA-99-31 NUDOCS 9902110059 | |
| Download: ML20203B858 (4) | |
Text
.
, .s U.S. NUCLEAR REGULATORY COMM!SSION PUIAft'A lNRC RESPONSE NUMBER m io9e) FORE 464 Parti 4@ 0 v
- REG ,,99-031
- '. RESPONSE TO FREEDOM OF f
- f INFORMATION ACT(FOIA)/ PRIVACY RESPONSE
%,*,,e*/ ACT (PA) REQUEST TYPE ] FINAL Q PARTIAL REQUESTER DATE Shahram Ghasemian FEB 0 81999 PART L -INFORMATION RELEASED
] No additional ager,cy records subject to the request have been located.
] Requested records are available through another public distribution program. See Comments section.
WiMicfr 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.
AWEN IM-Agency records subject to the request that are identified in the listed appenr"ces are being made available for F 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.
~
APPENDiCEF uj p 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.
Q We are continuing to process your request.
] See Comments.
PART 1.A - FEES 100VNT
- You will be billed by NRC for the amount listed.
] None. Minimum De threshold not met.
You will receive a refuno for the amount listed.
" ] Fees waived.
f **d Yeta PART l.B -INFORMATION NOT LOCAfED OR WITHHELD FROM DISCLOSURE
] No agency records subject to the request have been located.
Q Cc tain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated its Part 11.
Q This determination may be appealed within 30 days by writing to the FO!A/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) 9902110059 990208 D PDR FOIA PDR id- [g t GHASEMIA99-31 SIGNATURE- REEDOM OF INF TION DP T OFF ER M
Russel A. owe NRc FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This form was designed using informs O E f/ dO Q
NRC FORM 444 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOlA/PA DATE 7ESPONSE T'O FREEDOM OF INFORMATION ACT (FOlA) / PRIVACY ACT (PA) REQUEST w m08W r PART li.A - APPLICABLE EXEMPTIONS G Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under lAPPENDictE~ 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 information is property classifed pursuant to Executive Order 12958.
] Exemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.
] Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.
O Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C.
2161-2165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassifed Safeguards Information (42 U.S.C. 2167).
O 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.
O I:xemption 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.
The information is considered to be proprietary because it concems a licensee's or applicant's physical protection or material control and accounting program fy *mial nuclear material pursuant to 10 CFR 2.790(d)(1).
] The information was s. Med by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2).
rr NJExemption 5: The withheld enformation consists of interagency or intraagency records that are not available through discovery during htigation. Applcable privileges:
a Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the NJ dehberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predectsional information. There also are no reasonabty segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency.
] Attomey work-product privilege. (Documents prepared by an attomey in contemplation of litigation)
] Attomey-chent privilege. (Confidential communications between an attomey and his/her client)
Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy.
Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated.
(A) focus of enforcement efforts, and thus could possibly allow recipients to take action to shield pote NRC requirernents from investigators).
(C) Disclosure would constitute an unwarranted invasion of personal privacy.
O (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.
O (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.
(F) Disclosure could reasonably be expected to endanger the hfe or physical safety of an individual.
] ]OTHER (Specify)
PART ll.B - DENYING OFFICIALS that the information withheld is exem),pt from production or disclosure, and that its production or d interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any d;nials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED ^PP9 E99 0 {
Jessee L. Funches ChierFinancia10ffiser Al p G- -
_ _ r ._
1 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, fnr action by the appropriate appellate official (s). You should clearly state on the envelope and letter that it is a "FO!A/PA Appeal."
NRC FORM 464 Part 11 (6-1998) PRINTED oN RECYCLED PAPER This form was designed using inf orms
x.r 4 Re: FOlA99-031 APPENDIX F RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION /PAGES
- 1. 2/18/98 Note to: James Blaha from James Turdici, subject: Commission Paper on the FY 1998 Fees, (1 pg.) w/o attachment.
- 2. Undated Note to: Andy Bates from J. Funches, subject: Commission Paper on the FY 1998 Fees, (1 pg.) w/o attachment.
l
- l-Re: FAIA-99-031 APPENDIX G DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION / EXEMPTION /PAGES
- 1. 2/10/98 Chart - Comparison of Annual Fees (Per License) (Accounts for Zion 1 and 2 out of Fee Base 2/15/98), (1 pg.)- EX. 5.
- 2. 3/2/98 Vu-graphs - FY 1998 Proposed Fees Briefing for Commissioners' Technical Assistants, (17 pgs.)- EX. 5.
l l
l l
1
v mammer
. f USEC A ciob.i sn.rgy comp y gg u~o ge. go-g 2 02 Ilo^
~
October 26,1998 ND" - - ~ ~~--
)
Russell A. Powell Freedom ofInformation Act/
Local Public Document Room Branch U.S. Nuclear Regulatory Commission '
Office of Administration Mail Stop T-6 D8 :
l
< Washington, D.C. 20555 Re: FraaAom ofInformation Act Request
Dear Mr. Powell:
Pursuant to 5 U.S.C. {552(a)(3) and 10 C.F.R. {9.23(b), we request (a) all documents (including those in electronic forrnat), analyses and calculations and any other information that identifies or discusses the criteria or procedures used by the NRC to determine or set the annual fees assessed to United States Enrichment Corporation (USEC) pursuant to 10 C.F.R. Part 171 as promulgated in the Commission's Revised Fee Schedule dated June 10,1998 and (b) in the event a document (s) or portion (s) thereof is withheld from public disclosure, a description of such document (s) and the basis upon which such document (s) is withheld from public disclosure.
The purpose of this request is to obtain any and all information that served as the basis for, or was used in the process of, setting USEC's annual fees at $2,604,000 for each certificate of compliance for operation of a gaseous diffusion uranium enrichment facility under 10 C.F.R. 171.16(d). To the extent that the rationale for the 1998 fees is based upon fee determinations made in prior fiscal years, or upon the application of the methodology used for determining annual fees for major fuel facilities set forth in the June 20,1995 Federal Register (60 Ecd. Reg. 32235), this request seeks any and all such prior documentation as well.
We agree in advance to pay any fees associated with this request up to $250.00. If costs ;
, are expected to exceed this amount, please notify me at (301) 564-3256.
Sin rely, h& YA Shahram Ghasemian 9l ih Wd 0C J.3086 Associate Counsel 8SI 03Al3338 6903 Rockledge Drive, Bethesda, MD 20817-1818 Telephone 301564 3200 Fax 301-564-3201 http://www.usec.com Offices in Livermore, CA Paducah, KY Portsmouth, OH Washington, DC
-9[jfSN6"? /#