ML20236N714
| ML20236N714 | |
| Person / Time | |
|---|---|
| Issue date: | 07/08/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Ryan M AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20236N717 | List: |
| References | |
| FOIA-98-121 NUDOCS 9807150224 | |
| Download: ML20236N714 (9) | |
Text
l l
l NRC FORM 464 hrt i U.S. NUCLEAR REGULATORY COMMISSION RESPONSE NUMBER I
- FOIA/PA 98-121 f
/ nEoq kf 3
- n RESPONSE TO FREEDOM OF 5
3 INFORMATION ACT(FOIA)/ PRIVACY RESPONSE ACT (PA) REQUEST TYPE l!
k' . . . '/
REQutS rER DATE Margaret L. Ryan E O8 E PART 1. -INFORMATION RELEASED (See checked boxes)
[] No additional agency records subject to the request have been located.
] Requested records are available through another public distribution program. See Comments section. <
APPENDICES 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.
APPENDICE s ~'
Agency records subject to the request that are identified in the listed appendices are being made available for E public inspection and copying at the NRC Public Document Room. !
l
[- -l Document Room,2120 L Street, NW, Washington, DC.EnclosAd 'is information on how you may M Agency records subject to the request are enclosed.
[l 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.
l ~ ) This completes NRC's action on your request.
PART l.A - FEES Fm AMOUNT * ~ j~l You will be billed by NRC for the amount listed.
] None. Minimum fee threshold not met.
l
[ l l l You will receive a refund for the amount listed.
' (' J Fees waived.
ents 1
PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
[] No agency records subject to the request have been located. )
Q Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part 11. l This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, j-Q' Washington, DC 20555-0001. Claarly state on the envelope and in the letter that it is a "FOIA/PA Appeal."
t l PART LC COMMENTS (Use attached Comments continuation page if required) l l
l 4[ , -[1 ] O, l sicmruRE ynDOM OF INFORMATION ACI NO PRI AC OHICLR
~ 4. A L L Russell A. Powell
'n) ln
- M'\-)
(
9807150224 980708 PDR FOIA RYAN98-121 PDR PRINTED ON RECYCLED PAPER This form was designed usmg informs i RC FORM 464 Part 1 (31998)
G20 ~2/S'02 Za/
l l
l NRC FORM 464 Pirt li U.S. NUCLEAR REGULATORY COMMIS$lON DATE i
l me>
RESPONSE TO FREEDOM OF INFORMATION FOIA/PA 98-121
& 08 193 ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS
. APPENDIC s I Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under f 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)).
l
' [.. l )Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958.
Q Exemption 2: The withheld information relates solely to the internal personnel rules and procedures of NRC.
l
{j Exemption 3: The withheld information is specifically exempted from public disclosure by statute indicated.
Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure ut Restricted Data or Formerly Restricted Data (42 U S.C.
[- -] 2161-2165).
] Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S C. 2167).
{ al 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. {
{- l Exemption 4. The 1
Indicated.
withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) l l ] The information is considered to be confidential business (propnetary) information.
] The information is considered to be propnetary because it concems a licensee's or applicant's physical protection or material control and l-' 'J acccunting program for special nuclear matonal pursuant to 10 CFR 2.790(d)(1).
{ l The information was subinitted by a foreign source and recewed in confidence pursuant to 10 CFR 2.790(d)(2).
l rgJ Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng Irtigation. Applicable privileges:
(f Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the
, M dehberative process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional l 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.
] Attomey work-product privilege (Documents prepared by an attorney in contemplation of litigation)
Q Attorney-client Drivil age (Confidential communications between an attorney and his/her client)
~
l-- -- ] Exemption 6: The withheld information is exempted from public disclosure because its disclosure wou!d result in a clearly unwarranted irwasion of personal pnvacy.
l j-- } Exemption 7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) l indicated.
'b -l (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e g , it would reveal the scope, direction, and l focus of enforcement efforts, and thus could pcssibly allow recipients to take action to shield potential wrongdoing or a violation of l
NRC requirements from investigators) l [ j (C) Disclosure would constitute an unwarranted invasion of personal pnvacy.
l ['i-) (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 thLt could reasor. ably be expected to nsk circumvention of the law. j j F i (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual
- ] OTHER (Specify)
PART 11.B - DENYING 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 or disclosure, and that its production or disclosure is contrary to the public .
interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any j denials that may be appealed to the Executive Director for Operations (EDO).
I DENYlNG OFFICIAL [ TITLE / OFFICE I RECORDS DENIED f $7'y Annette Vktti-Cook Assistant Secretary of the Commission Appendis EJ x r
{ I i I L
L i I !
i ! l ! l Appeal must be made in wnting 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, for actiori by the appropriate appellate official (s). You should ;
clearly state on the envelope and letter that it is a "FOIA/PA Appeal."
NRC FORM 464 Part it (3-1998) PRINTE o ON RECYCLED PAPER This forfn was cesigned using inForrns t J
FOIA-98-121 APPENDlX E l
RECORDS BEING WITHHELD IN PART Na DATE DA_S CRIPTIONHPAGE COUNT)/ EXEMPTIONS l l
- 1. 2/26/98 E-Mail from R McOsker,
Subject:
SRM-COMNJD-98-002 -
Emergency Preparedness (1 page) EX. 2 and EX 5 DELIBERATIVE PROCESS; Undated Draft Memorandum to L Callan from J Hoyle, l
Subject:
Staff Requirements: COMNJD-98-002-Reduction of Vulnerabilities in Emergency Preparedness (2 pages) EX. 5 l DELIBERATIVE PROCESS IN PART; Undated Memorandum to l Commissioner Diaz from J Hoyle,
Subject:
COMNJD-98-002-Reduction of Vulnerabilities in Emergency Preparedness (1 page) RELEASE
- 2. 2/25/98 Memorandum to Chairman Jackson et al., from A Vietti-Cook,
Subject:
Staff Requirements Memorandum (1 page) RELEASE Undated Memorandum to Commissioner Diaz from J Hoyle,
Subject:
COMNJD-98 002-Reduction of Vulnerabilities in Emergency Preparedness (1 page) RELEASE; Undated Draft Memorandum to L Callan from J Hoyle,
Subject:
Staff Requirements COMNJD-98-002-Reduction of Vulnerabilities in Emergency Preparedness (2 pages) EX. 5 DELIBERATIVE PROCESS
- 3. 2/25/98 Memorandum to Chairman Jackson et al., from A Vietti-Cook,
Subject:
Staff Requirements Memorandum (1 page) RELEASE Undated Memorandum to Commissioner Diaz from J Hoyle,
Subject:
COMNJD-98-002-Reduction of Vulnerabilities in Emergency Preparedness (1 page) RELEASE; Undated Draft Memorandum to L Callan from J Hoyle,
Subject:
Staff Requirements:
COMNJD-98-002-Reduction of Vulnerabilities in Emergency Preparedness (2 pages) EX. 5 DELIBERATIVE PROCESS
- 4. 2/27/98 2:56 pm E-Mail from M Lopez-Otin,
Subject:
SRM: COMNJD-98-002-Emergency Preparedness and 2/26/98 at 7:33 pm E-Mail from McOsker (1 page) EX. 2
- 5. 2/27/98 8:25 am E-Mail from M Lopez-Otin,
Subject:
SRM: COMNJD-98-002 Emergency Preparedness and 2/26/98 at 7:33 pm E-Mail from McOsker (1 page) EX. 2 l
)
t 2
6.' Undated Memorandum to Commissioner Diaz from J Hoyle,
Subject:
l COMNJD-98-002-Reduction of Vulnerabilities in Emergency Preparedness (1 page) RELEASE; Undated Draft Memorandum to L Callan from J Hoyle,
Subject:
Staff Requirements: COMNJD-
, 98-002-Reduction of Vulnerabilities in Emergency Preparedness l (2 pages) EX. 5 DELIBERATIVE PROCESS IN PART 7, Undated Draft memorandum to L Callan from J Hoyle,
Subject:
Staff Requirements: COMNJD-98-002-Reduction of Vulnerabilities in Emergency Preparedness (2 pages) EX. 5 DELIBERATIVE PROCESS IN PART
- 8. Undated Chairman's Office Routing Slip (1 page) RELEASE; 2/26!98 l Memorandum for Chairman Jackson from K Cyr,
Subject:
l ,
COMNJD-98-002 (6 pages) EX. 5 ATTORNEY-CLIENT; j i 2/25/98 Memorandum to Chairman Jackson et al., from A Vietti- ;
Cook,
Subject:
Staff Requirements Memorandum (1 page) l RELEASE; Undated Memorandum for Commissioner Diaz from J Hoyle i
! (1 page) RELEASE; Undated memorandum to L Callan from J Hoyle,
Subject:
Staff Requirements: COMNJD-98-002- l l Reduction of Vulnerabilities in Emergency Preparedness (2 pages) i EX. 5 DELIBERATIVE PROCESS l l
! 9. Undated Memorandum to L Callan from J Hoyle,
Subject:
Staff i
Vulnerabilities: COMNJD-98-002-Reduction of Vulnerabilities l in Emergency Preparedness (2 pages) EX. 5 DELIBERATIVE
! PROCESS IN PART; Undated Memorandum to Commissioner Diaz from
! J Hoyle,
Subject:
COMNJD-98-002-Reduction of Vulnerabilities l in Emergency Preparedness (1 page) RELEASE i
F
1 FOIA-98-121 l
APPENDIX F l RECORDS WITHHELD IN THEIR ENTIRETY EL DATE DESCRIPTION #PAGE COUNT)/ EXEMPTIONS
- 1. 2/25/98 E-Mail from M Lopez-Otin,
Subject:
Draft SRM-COMNJD-98-002 responding to N Greathead e-mail of 2/25/98 (1 page) EX. 2
- 2. 2/26/98 Memorandum to Commissioner Dieus et al., from S. Jackson,
Subject:
Further Response to COMNJD-98-002 -- Reduction of Vulnerabilities in Emergency Preparedness and the February 25, 1998 SRM enclosing draft memorandum to L Callan from J Hoyle (5 page) EX 2 and EX 5 DELIBERATIVE PROCESS
- 3. 3/9/98 Memorandum for Chairman Jackson from K Cyr,
Subject:
Final Staff Requirements Memorandum on Reduction of Vulnerabilities in Emergency Preparedness (2 pages) EX. 2 and EX 5 DELIBERATIVE PROCESS AND ATTORNEY-CLIENT PRIVILEGE
- 4. Undated Draft memorandum to Commissioner Diaz from J Hoyle,
Subject:
COMNJD-98-002 - Reduction of Vulnerabilities in Emergency
- Preparedness (1 page) EX. 5 DELIBERATIVE PROCESS
- 5. Undated Draft memorandum to L Callan from J Hoyle,
Subject:
Staff Requirements: COMNJD-98-002 - Reduction of Vulnerabilities in Emergency Preparedness (2 pages) EX. 5 DELIBERATIVE '
PROCESS l
- 6. Undated Draft Memorandum to L Callan from J Hoyle,
Subject:
Staff Requirements: COMNJD-98-002 - Reduction of Vulnerabilities in Emergency Preparedness (2 pages) EX. 5 DELIBERATIVE PROCESS
- 7. Undated Draft Memorandum to L Callan from J Hoyle,
Subject:
Staff Requirements: COMNJD-98-002 - Reduction of Vulnerabilities in Emergency Preparedness (2 pages) EX. 5 DELIBERATIVE ,
PROCESS l
l 8. Undated Draft Memorandum to L Callan from J Hoyle,
Subject:
Staff l Requirements: COMNJD-98-002 - Reduction of Vulnerabilities -
in Emergency Preparedness (1 page) EX. 5 DELIBERATIVE PROCESS
_ _ _ . _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ . _ _ . _ _ _ _ . _ _ _ . _ _ _ _ _ _ _ _ _ . _ _ _ . _ _ _ . _ _ _ _ _ . _ _ s_.___.__..______._. ______ ___ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ . _ . _ _ . __ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
,_ e 1
! 2 l
- 9. Undated Draft Memorandum to L Callan from J Hoyle,
Subject:
Staff Requirements: COMNJD-98-002 - Reduction of Vulnerabilities in Emergency Preparedness (1 page) EX. 5 DELIBERATIVE PROCESS ;
- 10. Undated Draft Memorandum to Chairman Jackson from K Cyr,
Subject:
COMNJD-98-002 (7 pages) EX. 5 DELIBERATIVE PROCESS AND ATTORNEY-CLIENT PRIVILEGE i
l l <
I' l
l -
l l
r
fjf p m&: x oa u a so,a, .m swic nao
' Y lW ' sh tjm, IK:2000L13,0
( '.R, ,
TheMcGrawHillCompanies n N at % M E Q U M $1
?A^'\ h . .N~~/O .l March 16, 1998 "1s~n c%
~ ** "
y 4-f2 . .
O'.P. M' ..
o b', ,.., .' -
l 'Donnie H. Grimsley, Director '7+W 5 ':
/
Division of Freedom of Information & Publications Services U.S. Nuclear Regulatory Commission Washington DC 20555
Dear Mr. Grimsley:
Under the U.S. Freedom of Information Act, I request that you release all materials connected with COMNJD 98-002, entitled Reduction of Vulnerabilities in Emergency Preparedness, including the document COMNJD 98-002 itself, written memoranda and electronic mail memoranda related to this document among commissioners and/or the staff to the commissioners and/or the l staff to the agency, legal memoranda related to issues raised by COMNJD 98-002, any documents indicating commission votes on COMNJD 98-002, and the resulting Staff Requirements Memo and documents pertaining to it.
If any part of this request is denied, please send me a detailed statement of the reasons for this denial, an index or statement of the nature of the
. ~ documents withheld, and your procedures for appeal.
As a working journalist, I request the standard waiver of fees accorded the.
press. ,
Thank you for your consideration. I look forward to hearing from you in the :
' next 10 days. I may be contacted by telephone at (202) 383-2160 and by fax at. '
(202) 383-2125.
Yours truly, argaret L. Ryan, Chief Editor l
Nucleonics Week D
l t
l 4
r.
'/NfTd73 L /r