ML20237F195

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First Final Response to FOIA Request for Documents.Documents Listed in App a Already Available in Pdr.Documents Listed in App B Being Released in Entirety & Documents Listed in App C Being Withheld in Part (Ref FOIA Exemption 4)
ML20237F195
Person / Time
Issue date: 08/26/1998
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Saumweber D
AFFILIATION NOT ASSIGNED
Shared Package
ML20237F197 List:
References
CON-NRC-33-96-175, FOIA-98-304 NUDOCS 9809020117
Download: ML20237F195 (6)


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s' NRC FORM 464 Pitt 1

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ogby U.S. NUCLEAR REGULATORY COMMISSION i- U 3 Ali'A 98-304 RESPONSE NUMBER 1

  1. RESPONSE TO FREEDOM OF 5

h INFORMATION ACT(FOIA)/ PRIVACY RESPONSE l

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ACT (PA) REQUEST TYPE Y HEQutSIER DATE l David J. E. Saumweber l

t PART l. -INFORMATION RELEASED ,

l No additional agency records subject to the request have been located.

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

APPE NDICE S Agency records subject to the request that are identified in the listed appendicea are already available for A public inspection and copying at the NRC Public Document Room.

APPENDICES f ~ Agency records subject to the request that are identified in the listed appendices are being made available for l

B public inspection and copying at the NRC Public Document Room.

l y Encio' sed is ii1 formation on how you may obtain access to and the charges for copying records located at the NRC Public l

Document Room,2120 L Street, NW, Washington, DC.

l Y APPENDICES gg Agency records subject to the request are enclosed.

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l RAcoris subject to the request that contain information originated by or of interest to anothe, t eo3ral 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.

h See Comments.

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PART l.A - FEES AuouNT

  • 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.

l fo*r' DEN 1

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 withheld from disclosure pursuant to the exemptions described in and for l the reasons stated in Part II.

g- Washington, DC 20555-0001.This determination mayandbe appealed letter thatwithin 30 daysAppeal."

by wnting to the FOIA/PA Offic l Clearly state on the envelope in the it is a "FOIA/PA PART 1.C COMMENTS (Use attached Comments continuation page if required)

Modification 7 was not required. Attached,as identified on Appendix B,is a copy of a record from Global Management l Sptems, Inc. with regard to Modification 7.

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O f\f 1 biGNaIUHL F kttDUM QF al* UMMAllOP4 ALI ANU PMIVACY ALI UFFILLH r ,'"/

Russellh. Pokell '~i 9809020117 980826 PDR FOIA

, SAUHWEB98-304 PDR NRC FORM 464 Part 1 (6-1998) PRINTED ON RECYCLED PAPER This form was designed using informs l

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A I NRC FORM 464 Pirt il U.S. NUCLEAR REGULATORY COMMISSION DATE .

RESPONSE TO FREEDOM OF INFORMATION FOlA/PA 98-304  :

ACT (FOIA) / PRIVACY ACT (PA) REQUEST $G 2 6 EA APPEND E3 PART ll.A - APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under

( the Exemption No (s) cf the PA and/or the FOIA as indicated below (5 U S C. 552a and/or 5 U.S C. 552(b)).

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.

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 of Restncted Data or Formerly Restncted 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).

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.

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

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

The information is considered to be propnetary 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 dunng litigation. Applicable pnvileges:

Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative 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.

Attorney work-product pnvilege. (Documents prepared by an attorney in contemplation of litigation)

Attorney-chent pnvilege. (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 pnvacy Exemption 7. 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 n1vestigators).

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

(D) The information consists of names ofindividuals and other information the disclosure of which could reuonably be expected to reveal

  • dentities 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 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).

^PPELLATE OFFICML

' DEN'YING OFFICIAL TITLE / OFFICE RECORDS DENIED ED Director, Omce of Administration Appendis C x Edward L. llaiman 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 action by tne appropnate appellate official (s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal."

NRC FORM 464 Part it (31998) PRINTED ON RECYCLED PAPER This forrn was designed using inForrns

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F01A_98-304 I

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APPENDIX ~A' RECORDS ALREADY AVAILABLE IN THE PDR

<<NUDOCS/AD>> TCON37 Nuclear Regulatory Commission ADQ73 V6.3.23.0

= Records 1 -

5 === Subject / Field / Boolean Results = Select Count 13 =

Accession # Docket Author Name Affil Issued Microfiche Address 9805050294 MRCE.M.H. NERCCON 980501 R3347-289/R3347-289

(*) Ltr contract: mod 2 to task order 1 under contract NRC-33-96-175.

9804170285

  • EUSSBR 980415 R3037-243/R3037-244

(*) Mod 11 to contract NRC-33-96-175. j l

9712100142

  • EUSSBR 971208 R1386-086/R1386-087 l

(*) Mod 10 to contract NRC-33-96-175. l

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l 9711070048 DRISKO.C. EUSSBR 970930 R1054-152/R1054-156  !

(*) Mod 8 to contract NRC-33-96-175.

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I 9709190220 MRCE,M.H. NERCCON 970916 R0463-243/R0463-244

(*) Ltr contract, task order 1 entitled, " Solutions for Upgrading I

Customer Support Services," under contract NRC-33-96-175.

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<<NUDOCS/RD>> TCON37 Nuclear Regulatory Commission ADQ73 V6.3.23.0

= Records 6 -

10 === Subject / Field / Boolean Results = Select Count 13 =

Accession # Docket Author Name Affil Issued Microfiche Address

, 9708110093 SHRW,R.M. EUSSBR 970804 A0019-324/R0019-328

(*) Mod 6 to contract NRC-33-96-175.

9706110046

  • EECGMS 970606 93335-314/93335-315

(*) Mod 5 to contract NRC-33-96-175.

l 9703190238 YRHR.S.H. EUSSBR 970310 92178-132/92178-133 l (*) Mod 4 to contract NRC-33-96-175.

9701150229 AUGUSTINE,H.H. EECGMS 970110 91444-294/91444-2?5 i (*) Mod 3 to contract NRC-33-96-175.

9611130080

  • EECGMS 961108 90710-359/90710-360

(*) Mod 2 to contract NRC-33-96-175.

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<<NUDOCS/AD>> TCON37 Nuclear Regulatory Commission RDQ73 VG.3.23.0

= Records 11 -

13 === Subject / Field / Boolean Results = Select Count 13 =

Accession # Docket Ruthor Name Affil Issued Microfiche Address 9701 0229 = r RUGUST NE H H EECGMS 970 0 9 -29 /91 -295 Mod 3 to contract NRC-33-96-175.

9611 0080'- b EECGHS 961108 90710-359/90710-360 g/ Mod 2 to contract NRC-33-96-175.

9609100310

  • EUSSBR 960906 89782-068/89782-070

(*) Mod 1 to contract NRC-33-96-175.

9609100301 MACE,M.H. NERCCON 960909 89782-067/89782-070

(*) Forwards fully executed copy of mod I to NRC-33-96-175.

9608290224

  • EUSSBR 960826 89535-068/89535-158

(*) Contract NRC-33-96-175 awarded to SBR & Global Ngt Sys,Inc.

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O FOlA-98-304 j APPENDIX B RECORDS BEING RELEASED IN THEIR ENTIRETY

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l NO, DATE DESCRIPTION /fPAGE COUNT)

1. 8/15/97 Fax Cover Sheet to D Neff from T Grouge (1 page)

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e FOIA-98-304 APPENDlX C RECORDS BEING WITHHELD IN PART l

NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 11/14/97 Modification 9 to NRC Contract IRM-96-175 (5 pages) EX. 4 l

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