ML20134K011

Final Response to FOIA Request for Documents.Records in App a Encl & Being Made Available for Pdr.App B Records Being Withheld in Part (Ref FOIA Exemption 6)

ML20134K011
Person / Time
Site:	Waterford, Comanche Peak
Issue date:	02/11/1997
From:	Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM)
To:	Omealia M AFFILIATION NOT ASSIGNED
Shared Package
ML20127A842	List: 05000445/LER-1993-010, Forwards LER 93-010-00 Re Hot Particle Contamination Resulting in Exposure Exceeding 10CFR20 Skin Dose Limits ML20134K011
References
FOIA-97-23 NUDOCS 9702130071
Download: ML20134K011 (4)

Text

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U.S. NUCLEAR REGULATORY COMMISSION NHC FOIA REQUEST NUM8ERtS)

, -. FOIA 0023 g REbPONSE TYPE

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yv RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST x l FINAL DATE l l PA RTIAl.

] } my (e...e DOCKLT WJMDER(SlItsupptocablel "NCE"elO'Mealia PAR 143GENCY RECORDS RELEASED OR NOT LOCATED (See checkedboxes/

No agency records subject to the request have been located.

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

Requested records are available through another public distribution program. See Comments section, Agency records subject to the request that are identified in Appendix (es) are already available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix (es) A are being made available fo public inspection and copying X ct the NRC Public Document Room,2120 L Street, N W., Washington, DC,in a folder under this FOI A number.

The nonptoprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and copying at the NRC Pubhc Document Room,2120 L street, N.W., Washington, DC, in a folder under this FOI A number.

Arncy records subject to the request that are identified in Appendix (er) may be inspected and copied at the NRC Local Public Document Rosm identified in the Comments section.

Enclosed is mformation on how you may obtain access to and the charges for copymg records located at the NRC Public Document Room,2120 L Street, N.W., Washirsgton, DC.

X Agency records subject to the request are enclosed.

• Ricords subject to the request have been referred to another Federal agency (ies) for rev6ew and detect response to you.

X rees NONE You will be billed by the N RC for fees totaling $

You will receive a refund from the NRC in the amount of $

in view of NRC's response to this request, no further action is bemg tal.en on appeal letter dated , N o.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certcin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Pcrt 11, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public 5 inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.

COMMENTS

• Copies of the records identified on 4ppendix A and the releasable portions of the record identified on Appendix B are enclosed.

You are not being assessed processing fees since the minimal fee limit has not been exceeded.

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[ INFORMATION ACT (FOIA) REQUEST FOIA 0023 g j 13997 (CONTINUATION) l ,

PART 11.8- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) O are being withheld in their entirety or in part under the Ex rnption No.(s) and for the reason (s) gieen be!ow pursuant to S U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations.

1, "he withheld enformaten is prorerly classified pursuant to Esecutive Order,(Enemption 1) 2 The withheld mformation relates solely to the mternal personnel rules and procedures of NRC. (Exemption 2)

3. The withheld mformatson is specifically esempted from pubhc disclosure by statute indicated. (Emempi.on 3) l

$sctions 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U.S.C. 21612165).

Section 147 of the Atomic Energy Act wtuch prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).

The mformation as considered to be confidential business (propnetary) information I 4, The withheld informa g

The mformation is considered to be proprietary mformation pursuant to 10 CFR 2 790 ldh 11 The information was submitted and received m confidence pursuant to 10 CFR 2 790tdH2) 5, The withheld mformaten consists of mteragency or mtraagency recards that are not sveilable through discovery durmg htigation (Ememption 5). Appbcabie Privilege:

l Delitmrative Process Disclosure of predecisional mformation would tend to inhibst the open and frank enchange of ideas essential to the dehbstatsve process Where records are withheld m their entirety. the f acts are inestrice*)ly intertwined w P ^e predeosionalinformation There also erli no reasonably f e,yregable f actual ,I portions because tha release of the facts would permet an indirect enouiry into the :isional peoress of the agency Attorney work product pnvilege IDocuments prepared t v an attorney in contempia .n of letipation i Attorney client pnvilege. (Confidential communications between an attorney and his/her clientj

6. The withheld mformation is esempted from pubhc disclosure because its disclosure would result m a clearly unwarranted invasion cf personal privacy (Exemption 6)

7. The withheld mformaton consists of records compiled for law enforcement purposes and is being withheld for the reasontsi md cated (Emernption 7)

- Disclosure could reasonably be expected to interfere witt an enforcement proceedmg because it could reveal the scope. direction and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrongdomg or a violation of NRC requirements from mvestigators. (Ememption 7 4 A))

mumm Disclosure would constitute an unwarranted snvasen of personal pnvecy. (Enemption 7(C))

The informaten consists of names of individuals and uti er i inforrnation the disc losure til wher.h could reasonabtv be espected to reveal identities of confidential sources. (E memption 7 (D))

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PART 11. C-DENmG OFFICIALS Puisuant to 10 CF R 9.25tb) and or 9 25(c) of the U.S Nuclear Regulatory Comm,ssen egulations. it has been determined that the mformation withheld is tumpt from pro j duction or disclosure. and that its production or d*scloso e is contrary to the pubhc mterest The persons responsible for the denial are those of ficials identified below as denymg '

officials and the Director, Division of Freedom cf Infortnation and Publ. cat >ons Services. Office of Adonistaat on Mr any denials that may be appealed to the E xecut ve Director for Operations (EDOI. ,

TIT LE 'OF FICE RECORDS DENIED APPELLATE OFFICIAL l DENYING Of sCIAL om SmEm o Regional Administrator App B y l L.J. Callan I RIV l l l

l l PART 11. D- APPEAL RIGHTS l

i The denid by each denying offecial identified in Part ll.C may t>e appealed to the Appellate Off.cial identif.ed there. Any such appeal must be made m wntmg within 30 of th's response. Appeals must be addiessed. as appropriate. to the E mecutive Director for Operations, to the Secretary of the Comrnission, or to the inspector General, U.S. Nuclear Gegulatory Comfmssion, Washiftgton, DC 20555. and should clearly state on the envelope and in the letter that et is an "Appes from en initial FOI A Dems on."

N C FM M 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION 1

4 Re: F0IA 97-0023 APPENDIX A RECORDS BEING RELEASED IN THEIR ENTIRETY N0. DATE DESCRIPTION /(PAGE COUNT)

1. 06/16/88 Licensee Event Report No.88-010 (7 pages)

2. 12/17/93 Letter to NRC from William Cahill Jr. re: Licensee Event Report 93-010 (7 pages) l l

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9 I 1

Re: F01A-97-0023 ,

APPENDIX B RECORDS BEING WITHHELD IN PART i

NO. DATE DESCRIPTION /(PAGE COUNT)/ EXEMPTIONS

1. 12/17/93 Fax Sent to NRC from Comanche Peak re: Exposure of Individual (1 page) EX. 6 l l

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