ML20212J358

Final Respons to FOIA Request for Records.App a Records Withheld in Part (Ref Exemptions 1 & 3)

ML20212J358
Person / Time
Site:	San Onofre
Issue date:	06/24/1999
From:	Reed C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Cox K AFFILIATION NOT ASSIGNED
Shared Package
ML20209A765	List: ML20209A759 ML20212J358 ML20212J365
References
FOIA-99-80 NUDOCS 9906290340
Download: ML20212J358 (3)

Text

f i NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION PUIAWA r.EsPoNsE NUMBER

"" % ND 99-080 1

1. RESPONSE TO FREEDOM OF I

i INFORMATION ACT (FOIA) / PRIVACY RESPONSE -

ACT (PA) REQUEST TYPE k*ese*

REOuESTER J H ? 8 l999 Mr. Kevin Cox PART l. -INFORMATION RELEASED No additional agency records subject to the request have been located.

l-Requested records are available through anoWies pelplic diktnbution program. See Comments section.

AP=LNDICES~ ~ ~ ~ Agency records subject to the request that are identified in the listed appendices are already available for 4 public inspection and copying at the NRC Public Document Room.

' APPENDICES i~ Agency records subject to the request that are identified in the listed appendices are being made available for L~

public inspection and copying at the NRC Public Document Room.

R Enclosedis iriformation on how you rnay obtain access to and the charges for copying records located at the NRC Public L Document Room 2120 L Street. NW, Washington, DC.

M Agency records subject to the request are enclosed.

~ ~Recorisisublect 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 continuing to process your request. .

See Comments.

PART l.A - FEES l AuoVNT

• You will be billed by NRC for the amount listed. g None. Minimum fee threshold not met.

You will receive a refund for the amount listed. Fees waived.

'ses nts PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

y the reasons stated in Part 11.Certain information L1 the requested records is being withheld from disclosure pursuan y This determination may be appealed within 30 days by writing to the FOIA/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)

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EGNATURL FRELDoM OF 4NFORMAiON ACT ANQ,PRiv - CIOFHLER -

Ctrol Ann Reed g, mm 9906290340 N4 PDR FOIA

, COX99-90 PDR NOC FORM 464 Part 1 (6-1996) PRINTED ON RECYCLED PAPER This form was designed using informs 0 0

a NRC FORM 464 Part it U.S. NUCLEAR REGULATORY COMM!SSION FOlA/PA DATE l Q

. 7ESPONSE TO FREEDOM OF INFORMATION Jilu 2 4 899 99-080 l ACT (FOlA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS APPEN0 ices ~ Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under r

A 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)).

g Exemption 1: The withheld information is property classified pursuant to Executive Order 12958.

Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC.

}~

Q Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.

m Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S C.

L 2161-2165).

y Section 147 of the Atomic Energy Act, whichtrabibstethe thseiosure of Unclassified Safeguards information (42 U.S.C. 2167) 41 U.S C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an

'J executive agency to any person under section 552 of Title 5, U.S.C. (the FOIA), except when incorporated irito the contract between the agency and the submitter of the proposal.

Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) 3 indicated.

J

] The information is considered to be confidential business (proprietary) it: formation.

The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and

- 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),

Exemption 5 The withheld information consists of interagency or intraagency records that are not available through discovery during litigation. Applicable pnvileges:

Deliberative process: Disclosure of predecisionalinformation would tend to inhibit the open and frank exchange of ideas essential to the  !

_ deliberative process. Where records are withheld in Mr entirety, the facts are inextncably intertwined with the predecisional information. There also are no reasonably segrecable 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 htigation)

Attomey-client privilege (Confidential communications between an attorney and his/her client)

~ ixemption 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.

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(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).

~ (C) Disclosure would constitute an unwarranted invasion of personal pnvacy.

(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 reasonably be expected to risk circumvention of the law. *

(F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.

~OTHER (Specify)

PART H.B - DENYING OFFICIALS th:t the information withheld is ex(em),pt from production or disclosure, and that its production or disclosure is int: rest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA C fficer for any denials that may be appealed to the Executive Director for Operations (EDO).

IC

' DENEING OFNCIA'L TITLE / OFFICE RECORDS DENIED (PPQ 9o e S:muel J. Coilins Director NRR' ' App. A

. - - - . . - ..- - - - .- .+ _

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_ , - 4 i

Appeal mu'si be made in v5ibng 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 2055f, :)001, for action by the appropriate appellate official (s). You should cleirty state on the envelope and letter that it is a "FOIA/PA Appeal."

NRC FORM 464 Part 11 (61998) PRINTED oN RECYCLED PAPER This form was oes4gned using informs l

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Re: FOIA-99-080 i

APPENDIX A DOCUMENTS BEING RELEASED)N PART

~ . . . .. . ..

NUMBER DATE DESCRIPTION / EXEMPTION

1. 4/8/92 Transmittal letter from NRC to SDG&E re: San Onofre Nuclear Generating Station Units 1, 2, and 3, (24 pgs.) - PARTIALLY WITHHELD, EX'S 1 AND 3.

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