ML20196J930

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Final Response to FOIA Request for Documents.Records Listed in App a Being Withheld in Entirety (Ref FOIA Exemption 4)
ML20196J930
Person / Time
Issue date: 07/01/1999
From: Reed C
NRC OFFICE OF ADMINISTRATION (ADM)
To: Kemper R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
Shared Package
ML20196J934 List:
References
FOIA-99-144 NUDOCS 9907080080
Download: ML20196J930 (3)
v • d • e


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  • NRC FORM 464 Part i i U.S. NUCLEAR REGULATORY COMMISSION t'VIAll'A RESPONSE NuZER wem Q jW""'%4 g h 99-144 1
  1. RESPONSE TO FREEDOM OF ,

I INFORMATION ACT (FOIA) / PRIVACY k* * , <

  • ACT (PA) REQUEST

RESPONSE

TYPE Y-REQuESrER DATE Robert Kemper # 'E PART 1. -INFORMATION RELEASED

] No additional agency records subjec' to the request have been located.

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

! p iAPPENDICES Agency records subject to the request that are identified in the listed appendices are already available for l public inspection and copying at the NRC Public Document Room.

i ___

l

! ,R ; APPENDICES Agency records subject to the request that are identified in the listed appendices are being made available for

! '  : public inspection and copying at the NRC Public Document Room.

-~~ ~ Enclosed idiiformation 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.

' APPENDICES i l E ' Agency records subject to the request are enclosed.

~

-~

~R5chrdsiubject to the request that contain information originated by or of interest to another Federal agency have been j --

referred to that agency (see comments section) for a disclosure determination and direct response to you.

l ~ We are continuing to process your request. l l

~~ See Comments.

~

PART 1.A - FEES AMOUNT ' You will be billed by NRC for the amount listed. None. Minimum fee threshold not met.

$ 8967.70 You will receive a refund for the amount listed. Fees waived.

I s,r r PART l.B -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE

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

y Certain information in the requested records is being withheld from disclosure pursuant to the ex emptions described in and for  ;

the reasons stated in Part II.  !

y- This determination may be appealed within 30 days by wnting to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission, i 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)

NRC is not in possession of the following:

ROSA-IV, Test SB-CL-02, data file ROSA-IV, Test SB-CL-02, measurement channel report file ROSA-IV Test SB-CL-03, data file l ROSA IV, Test SB-CL-03, measurement channel report file The actt:al fees for processing your request are:

4 hrs, professional search @ $36.93 per hr. = $147.72 2 hrs. professional review @ $36.93 per hr. = $73.86 Total = $221.58 (LESS ADVANCE PAYMENT OF $9,189.28 = $8,967.70)

SIGATURL - FHLLDOM OF INFOHMATiON ACT , ND P ACY AGI QFFIGLH a Ctrol Ann Reed 4 l 9907080080 990701 FOIA PDR KEMPER99-144 PDR NRC FORM 464 Part 1 (6-1998) PRINTr.D ON RECYCLED PAPER This form was designed using informs

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( ET M 464 Part 16 U.S. NUCLEAR REGULATORY COMMISSION FOlA/PA DME

\ %MONSE TO FREEDOM OF INFORMATION 99-144 # l i89 ACT (FOlA) / PRIVACY ACT (PA) REQUEST PART ll.A - APPLICABLE EXEMPTIONS

[APPENc%$7 Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under CL 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)).

{ i temption 1: The withheld information is property classified pursuant to Executive Order 12958.

] i aemption 2: The withheld information relates solely to the intemal personnel rules and procedures of NRC.

] ; remption 3: The withheld information is specifically exempted from public disclosure by statute indicated.

I p 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 Unciassified Safeguards Information (42 U.S.C. 2167).

n 41 U.S.C., Section 253(b), subsection (m)(1), prohibits the disclosure of contractor proposals in the possession and control of an o 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.

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

NJ indicated.

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

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

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

Exemption 5: The witnheld 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

- vehberative process. Where records are withheld in their entirety, the facts are inextncably 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 attorney in contemplation of litigation)

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Attomey-client privilege. (Confidential communications between an attorney 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. 4 Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reasors(s) indicated. I 

                ~ (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 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 risk circumvention of the law.

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

       ] ~OTHER (Specify)

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 denials that may be appealed to the Executive Director for Operations (EDO). '~ DENYIN60FFICIAL T'TLE/OFF' I ICE ~~ ~ 

                                                     " Director, Office of Nuclear Regulatory Research RECORDS DENIED
                                                                                                                         ' Appendix A
                                                                                                                                               ~ ~ ~ ~         ~

[."[E -'~ ~~ Ashok C3adan{ ^ 

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Appeal must be dde in wrifing witsri30 days'of receipt of this response. Appe~als shou'd l be' mailed to t'he'FOISPrivacy ct Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate official (s). You should ci:arly state on the envelope and letter that it is a "FOIA/PA Appeal " PRINTED ON RECYCLED PAPER This form was oesigned using Informs NRC FORM 464 Part H (6-1998)

O s FOIA-99-144 APPENDIX A RECORDS BEING WITHHELD IN THElR ENTIRETY  ! I NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS '

1. 11/87 JAERI Memo 62-399, ROSA-IV/LSTF 2.5% Cold Leg Break LOCA Experimental Data Report for Runs SB-CL-01, 02. and 03 (202 pages)

EX. 4 2, 2/88 JAERI Memo 63-053, Methodology and Calculations of Uncertainty for ROSA-IV/LSTF Derived Parameters (16 pages) EX. 4

3. 2/88 JAERI Memo 63-054, ROSA-IV/LSTF 10% Cold Leg Break LOCA Experiment RIM SB-CL-09 Data Report (107 pages) EX. 4
4. -

ROSA-IV, Test SB-CL-01, data file EX. 4

5. ---

ROSA-IV, Test SB-CL-01, measurement channel report file EX. 4

6. -- ROSA-IV, Test SB-CL-05, data file EX. 4 <
7. --

ROSA-IV, Test SB-CL-05, measurement channel report file EX. 4

8. - ROSA-IV, Test SB-CL-09, data file EX. 4
9. --

ROSA-IV, Test SB-CL-09, measurement channel report file EX. 4 l b}}

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