ML20217G855
| ML20217G855 | |
| Person / Time | |
|---|---|
| Issue date: | 10/18/1999 |
| From: | Reed C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Perdion J BAKER & HOSTETLER |
| Shared Package | |
| ML20217G859 | List: |
| References | |
| FOIA-99-251 NUDOCS 9910220002 | |
| Download: ML20217G855 (4) | |
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NRC FORM 464 Part i U.S. NUCLEAR REGULATORY COMMISSION t UIAlt'A
,% (e-190s) Mhh RESPONSE NUMBER i
h
[**% RESPONSE TO FREEDOM OF 1999-251 2 f
INFORMATION ACT (FOlA) / PRIVACY RESPONSE -,
d- ^
k*. . s/l REQUESTER ACT (PA) REQUEST TYPE DATE L_j Mr. Jason P. Perdion 007 1 8 1999 i
PART l. -INFORMATION RELEASED
] No 6dition.'l agency records subject to the request have been located. l
[ Requested rrcords are available through another public distribution program. See Comments section.
APPENDICES l
[]. 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.
F r APPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for
'J
_g CM 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.
i
. [APPENDICEsl '
2 C, D l Agency records subject to the request are enclosed.
u J P Records subject to the request that contain information originated by or of interest to another Federal agency have been Q 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 l.A - FEES
~~
TAMoVNT' You will be billed by NRC for the amount listed. hone. Minimum fee threshold not met.
I I
d ._ Fees waived.
You will receive a refund for the amount listed.
gnts PART 1.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 in 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 ateched Comments continuation page if required) l
)
9910220002 991018 PDR FOIA i PERDION99-251 PDR SK.AATURE + f MEEDOM OF INFORMAllON ACI FRN 'Y ACI OFFICL C rol Ann Reed p pf -
, ,7 PRINTED ON RECYCLED PAPER This form was designed using informs NRc FORM 464 Part 1 (6-1998)
NRC FORM 444 Part 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA om
. NSPONSE TO FREEDOM OF INFORMATION 0c1 1 8 ;ggg INI l
ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS
.APPENDICE8__ Records subject to the request that are described in the enclosed Appendices are being withhey in their entirety or in part under D the Exemption No.(s) of the PA and/or the FOIA as indicated below (5 U.S.C. 552a and/or 5 URC. 552(b)).
] Exemption 1: The withheld information is property classified 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 pubhc disclosure by statute indicated.
O- Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data of Formerly Restncted Data (42 U.
2161-2165).
] Section 147 of the Atomic Energy Act, which prohibits the disclosure 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 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.
p Exemption 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 heensee's or applicant's physical protection or matV a
- troland
]- accounting program for special nuclear material 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).
Lq Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery . ,,,ing litigation. Apphcable privileges:
Deliberative process: Disclosure of predecisional informauon would tend to inhibit the open and frank exchange of ideas essential to the U" 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.
] Attomey work-product privilege.- (Documents prepared by an attomey in contemplation of litigation)
] Attomey-chent privilege. (Confidential communications between an attorney and his/her client) r- 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.
R (A) Disclosure could reasonably focus of enforcement be expected efforts, and thus could possibly to allow interfere withtoan recipients enforcement take action to snield proceeding (e g., itorwould potential wrongdoing reveal a violation of the scope, 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 u- identities of confidential sources.
m (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could
-- reasonably be expected to nsk circumvention of the law.
- (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual.
^
_I ~OTHER (Specify)
PART 11.8 - 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 denials that may be appealed to the Executive Director for Operations (EDO).
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED ((F Q Director, Office'ofInvestigations- ~ -~~~ Appendix D - ^ ~ ~ ~ ~
l l
Guy Caputo
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- . . . - - . . - - - - - - - - ~ - . . - - . . - . - . - - . - - -
~ - ~^
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Appeairn~uit be made in wdtInhithEI3'03ay's~ofie~ c eipTof this rdponseIApp'eaisEui[beinalied to tee'FOfA/PrivacfEct Officer, U.S. Nuclear Regulatory Commission, Wa hington, DC 20555-0001, for action by the appropriate appellate official (s). You should clearly state on the envelope and letter that it is a *FOIA/PA Appeal."
PRINTED ON RECYCLED PAPER This form was oevgneo using informs NJ,C FORM 464 Part 11 (61998) l
=-
)
9 i
s Re: FOIA/PA-99-251 ,
APPENDIX C RECORDS BEING RELEASED IN THEIR ENTIRETY i M DATE DESCRIPTION /(PAGE COUNT) l
- 1. 08/05/93 Handwritten notes of NRC Interviews of Picker or AMS employees or retirees (4 pages) 2.' 08/24/93 Handwritten notes of NRC Interviewc of Picker or AMS employees l
or retirees (6 pages)
- 3. 08/27/93 Handwritten notes of NRC Interviews of Picker or AMS employees or retirees (4 pages)
- 4. 08/27/93 Handwritten notes of NRC Interviews of Picker or AMS employees or retirees (5 pages) ,
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i Re: FOIA/PA-99-251 APPENDIX D RECORDS BEING WITHHELD IN PART E DATE DESCRIPTION #PAGE COUNT)/ EXEMPTIONS
- 1. Undated Handwritten notes of NRC Interviews of Picker or AMS employees or retirees (15 pages) EX. 7C
- 2. 08/03'93 Handwritten notes of NRC Interviews of Picker or AMS employees or retirees (27 pages) EX. 7C
- 3. 08/04/93 Handwritten notes of NRC Interviews of Picker or AMS employees or retirees (7 pages) EX. 7C
- 4. 08/05/93 Handwritten notes of NRC Interviews of Picker or AMS employees or retirees (2 pages) EX. 7C
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BAKER i r HOSTETLE R u.e CotmSEl.I. ORS AT LAW 3200 NATXNAL CTfY O!Tt!gg e 1900 Bast &tH Staser
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VIA FACSIMILE (301) 415-5130 Mr. RussellPowell Chief, Freedom ofInformation Branch j U.S. Nuclear Regulatory Commission Mail Stop T-6 D8 )
Washington, DC 20555-0001 l RE: Freedom ofInformation Act Request for Documents Concerning Advanced Medien! Services and Picker International
Dear Mr. Powell:
This letter is a request for documents under the Freedom ofInformation Act,5 U.S.C. t 552 and 10 C.F.R. Part 9. The records that I am requesting pertain to Advanced Medical Systems (AMS) and Picker Intemational (Picker). The facility I am interested in was owned at different times by the parties and is located at 1020 London Road, Cleveland, Ohio.
Specifically, I am requesting the following documents:
- 1. Pre-Draft Radionuclide Cleanup Criteria for Soils, an amendment to 40 C.F.R.
Pan 196, circulated inter-agency, September 26,1994. ;
- 2. NRC Inspection Report No. 030-16055/93002 (DRSS). ;
- 3. NRC Region III's inspection of AMS' Interceptor and Manhole. ;
- 4. Index to NRC Docket No. 030-16055 for Picker /AMS. !
- 5. Notes ofNRC Interviews ofnine Picker or AMS employees or retirees conducted sometime around 1994.
- 6. 1987 NRC Order requiring AMS to decontanunate its facility.
- 7. Seven (7) inspections of Picker "in the 1960's" possibly located in the h7C
" terminated Picker License File."
- 8. Documents surrounding AMS's NRC license renewal, duet December 31, 1994 including AMS's decommissioning funding plan.
- 9. Notes from any meetings between AMS and the NRC.
- 10. Nonheast Ohio Regional Sewer District's 10 C.F.R. 2.206 petition.
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l . I am willing to pay search and copying fees for the records produced. If you l
expect fees to exceed $100, please contact me by telephone at (216) 861-7624 or by letter at the address above. Ifyou need funber explanation of the nature or scope of this request, please call i L me at the numberlisted above. l l
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l In the event that the documents I have requested are not disclosable in their L. entirety,I request that you release all segregable non-exempt portions of the documents and all ;
l . pans of the documents that can be rendered disclosable by redaction. :
o l In the event you determine that any ponion of the requested document is exempt l - fmm disclosure,I request that you discretionally disclose those materials. The materials are
, necessary to determine if Xerxes Corpomtion is in compliance with applicable air laws.
l i
As to any ponion of the documents that you withhold, please state with specificity l the legal and factual basis for withholding each such ponion. I appreciate your cooperation and
- will expect your response within 20 days, as required by the Act.
l Verytruly ours, ,
l Jason P. Perdion cc: Maureen Brennan i
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