ML20210M569

Final Response to FOIA Request for Documents.Documents Listed in App a Being Released in Entirety.Documents Listed in App B Being Withheld in Part (Ref FOIA Exemptions 6 & 7C)

ML20210M569
Person / Time
Issue date:	08/09/1999
From:	Reed C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Coleridge G AMERICAN FRIENDS SERVICE COMMITTEE
Shared Package
ML20210M571	List: ML20210M569 ML20210M608 ML20210M629 ML20210M649 ML20210M661 ML20210M674
References
FOIA-99-163 NUDOCS 9908100117
Download: ML20210M569 (4)

Text

r NRC FORM 464 P rti U.S. NUCLEAR REGULATORY COMMISSION 1-UI AIVA RESPONSE NUMBER a (s.igge l

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/* "' \, Y 99-163 1 RESPONSE TO FREEDOM OF 5

l h INFORMATION ACT(FOIA)/ PRIVACY RESPONSE N

ACT (PA) REQUEST TYPE k*

• s * */

REQutS1ER DATE Gregory D. Coleridge A06g3 g PART 1. -INFORMATION RELEASED No additional agency records subject to the request have been located.

~ Requested records are available through another public distribution program. See Comments section.

' APPEND 6CEs~ 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.

APPENDICES ~ Agency records subject to the request that are identified in the listed appendices are being made available for A pubhc 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.

~r APPENDICES V g Agency records subject to the request are enclosed.

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~~ ~ 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 continuing to process your request.

See Comments.

PART 1.A - FEES AMoUNr

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

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

• S ntil PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE No agency records subject to the request have been located.

g Certain information in the requested records is being witnheid from disclosure pursuant to the exemptions described in and for the reasons stated in Part II.

This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission.

g- 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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9908100117 990809 PDR FOIA COLERID99-163 PDR wuw vue . + st tvou v> in, oxiniivu ava anu rsivat,v ac t ve t ots Carol Ann Reed ( k//gM* ' ' C b'd' '

100007 NRC FORM 484 Part 1 (61998) PRINTED ON RECYCL.ED PAPER This form was designed using informs

NRC FORM 464 P.rt 11 U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA

{ DATE i 7hSPONSE TO FREEDOM OF INFORMATION l 99-163 MS 0 91999 ACT (FOIA) / PRIVACY ACT (PA) REQUEST APPENDicCS PART ll.A - APPLICABLE EXEMPTIONS N Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their entirety or in part under

_ __ 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: Thts withheld information is properly classified pursuant to Executive Order 12958.

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

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Exemption 3: The withheld information is specifically exempted kom public disclosure by statute indicated Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restncted 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 informat:on (42 U S.C. 2167).

C 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, i Exemption 4 The withheld information is a trade secret or commerbial or financialinformation that is being withheld for the reason (s) indicated.

The information is considered to be confidential business (propnetary) information. I

^ The information is considered to be propnetary because it concerns a licensee's or applicant's physical protection or material control and y accounting rvogram for special nuclear matenal pursuant to 10 CFR 2.790(d)(1). ,

f The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.790(d)(2

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Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery dunng l litigation. Applicable pnvileges: l Deliberative process: Disclosure of predecisionalinformation wM L4 w innDit the open and frank exchange of ideas essential to the  ;

deliberative process. Where records are withheld in tM enurety, the facts are inextncably intertwined with the predecisional information There also are no reasonably Sangaole factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the qsocy, Attomey woik-produr* ;Wvilege. (Documents prepared by an attorney in contemplation of htigation)

Attoracy-ciient pnvilege (Confidential communications between en attorney and his/her client) 7 Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly N unwarranted invasion of personal pnvacy.

g Exemption T. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated.

(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 reasonably be expected to nsk circumvention of the law (F) Disclosure could reasonably be expected to endanger the hfe or physical safety of an individual.

OTHER (Spec 'y)

PART ll.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 dinials ' hat may be appealed to the Executive Director for Operations (EDO),

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DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED $EO m James E' Dyer .

' Region Administrator, Rill Appendis B

.mmm 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, for action by the appropiiate appellate official (s). You should cigarly state on the envelope and letter that it is a "FOlA/PA Appeal" NAC FORM 464 Part 11 (6-1998) PRINTEo ON RECYCLEo PAPER Tnis form was designed using inf orms

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Re: FOIA-99-163 i 1

APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY (if copyrighted identify with *)

jgh DATE DESCRIPTION /(PAGE COUNT)

1. No date Memo from Darrel Wiedeman to Allegation File, subject:

Telecon with Alleger-Uniontown Landfill- AMS No. Rlll A-0026. (2 pages)

2. 06/21/94 E-mail from Darrel Wiedeman to Mike McCann, subject:

Telecon w/ alleger - Uniontown Landfill. (1 page)

3. 3/9/94 Allegation Action Plan, Allegation No. Rlli A-0026, prepared by D. G. Wiedeman. (3 pages) ,

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4. 04/12/94 Memo from Darrel Wiedeman to Allegation Files, subject: i Receipt of Mail from Alleger on April 12,1994, - AMS No. j Rlll-94-A-0026, Possible Dumping of Radioactive Mater;als l in Landfills (Uniontown, OH), with attachment. (2 page) I I

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Re: FOlA-99-163 APPENDlX B RECORDS BEING WITHHELD IN PART ,

NO. DALE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. No date Merio from Darrel Wiedeman to Mike McCann, subject:

Telephone Contact with the Public Regarding Uniontown Landfill. (2 pages) EX. 7C

2. 04/05/94 Memo from Darrel Wiedeman to Allegation Files, subject:

Telephone Conversation with Alleger on April 4,1994, AMS No. Rlli 94-A-0026, Possible Dumping of Radioactive Materials in Landfills (Uniontown, OH). (23 pages). EX. 7C

3. 05/03/94 Memo from Darrel Wiedeman to W. L. Axelson, subject:

Background Information -inspection of Allegation at i Goodyear Aerospace. (3 pages) EX. 6 l

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