ML20134H699
| ML20134H699 | |
| Person / Time | |
|---|---|
| Issue date: | 11/05/1996 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Allen G External (Affiliation Not Assigned) |
| Shared Package | |
| ML20134H702 | List: |
| References | |
| CON-NRC-03-95-026, CON-NRC-3-95-26, FOIA-96-390 NUDOCS 9611140238 | |
| Download: ML20134H699 (4) | |
Text
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fU0 U.S. NUCLEAR REGULATORY COMMISSION FOIA -NRC FOIA HEOVESh BE R(S)
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RESPONSE TO FREEDOM OF 71 FINAL l l PARTIAL (e j' INFORMATION ACT (FOIA) REQUEST DATE eese DOCKE T NUMBE R(S) (// mpphcable)
A, PART 1.-AGENCY RECORDS RELEASEO OR NOT LOCATED fSee checked boxes)
I f{9 agency records subject to the request have been located.
No cdditional 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 pubhc inspection and copying at the tGC Public Document Room,2120 L Street, N.W., Washington, DC.
' Agency records subject to the request that are identified in Appendix (es) are being made available for public inspection and copying at tha NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.
The nonproprietary 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 N RC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.
Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the N RC Local Public Document i
Room identified in the Comments section.
Enclosed is information on how you may obta n access to and the charges for copying records located at the NRC Public Document Room,2120 L Street,
_ N.W., Washington DC.
g Agency records subject to the request are enclosed.
Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.
Fees You will be billed by the NRC for fees totaling $
1 You will receive a refund from the NRC in the amount of $
in view of N RC's response to this request, no further action is being taken on appeal letter dated
, No.
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PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE C rttin information in the regJested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part 11, B, C, ano D. Any r leased portions of the documents for which only part of the record is being withheld are being made available for public 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 N
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FOlA NUMBENisi oATE RESPONSE TO FREEDOM OF FOlA -pg8 IE W 0 ' 1995 INFORMATION ACT (FOlA) REQUEST i
(CONTINUATION)
PART 11.8-APPUCABLE EXEMPTK)NS Records subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations.
- 1. The withheld mformatson is properly classified pursuant to Executive Order. (Exemption 1)
- 2. The withheld snformation relates solely to the mternal personnel rulcs and procedures of NRC. (Exemption 2) 3 The withheld information is specifically exempted from public disclosure by statute indicated. (Exemption 3) [
SLetions 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerfy Restricted Data (42 MC. 21612165).
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
Uhe withheld enformation is a trade secret or commercial or fmancial information that is being withheld for the reason (s) indicated. (Exemption 4)
The informaten is considered to be confidential busmess loropnetaryl mformation.
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The enformation is considered to be propnetary mformation pursuant to 10 CFR 2.790tdHIL The mformation was submitted and received in confidence pursuant to 10 CFR 2 790 ldh 2L
- 5. The withheld mformation consists of mteragency or mtraagency records that are not available through discovery durmg htigsten. (Exemption 5). Applicable Privilege:
Dehborative Process: Disclosure of predecisional mformation would tend to mhibit the open and frank exchange of ideas essential to the debberative process.
Where records are withheld in their entirety. the facts are mentricably mtertwined with the predecisional mformation There also au.. sasonably seJregable f actual portsons because the re6 ease of the f acts would permet an indirect inquiry mto the predecisional process of the agency
' Attorney work product privilege (Documents prepared by an attomey in contemp'ation of litigation i Attorney-citarit privilege. (Confidential communications between en attorney and his/ber chent.)
- 6. The withheld information is esempted from pubhc disclosure because its disclosure would result in a clearly unwarranted mvassor. of personal privacy. (Exemption 6)
- 7. The withheld anformation consists of records compiled for law enforcement purposes and is being withheld for the,eason(s) mdeCated. (Exemption 7)
Disclosure could reasonably be expected to interfere with an enforcement proceadmg 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 investigators. (E xemption 7 (A))
Disclosure would constitute an unwarranted mvasion of personal privacy. (Exemption 7(Cl)
The information consists of names of individuals and other mformat on the disch ;ure of which could reasonably be enoected to teveal identities of i my confidential sources. (Exemption 7 (D))
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PART 11. C-DENYING OFilCIALS l
Pursuant to 10 CFR 9 25(b) and/or 9.25(c) of the U.S. Nuclear Regulatory Commission regulat ons. it has been determined that the information withheld is exempt from pro-duction or disclosure and that its production or disclosure is contrary to the public interest. The persons responsible for the denial are those officia!s identif ed below as denying I
i officials end the Duector, Division of Freedom of Information and Pubhcations Services. Of hce of Admmistration. for any denials that may be appealed to the Executive Director for Operations (EDO) l DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL lD Ybwr dm ' w ///Af.
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l PART 11. D-APPEAL RIGHTS r
The d:nial by each denymg official identified in Part II.C may be appealed to the Appettate Official identified there. Any such appeal must be made in writmg withm 30 days of receipt of this response. Appeals must be addressed, as appropriate, to the Executive Director for Operatens, to the Secretary of the Commission, or to the inspector General U.S. Nuclear
{ R;gulatory Commission, Washington, DC 20555, and should clearty state on the envelope and in the letter that it is an Appeal from en initial FOI A Decision."
N7tC FORM 464 (Part 2) (191)
U.S. NUCLEAR REGULATORY COMMISSION j
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FOIA-96-390
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APPENDIX A RECORDS BEING PLACED INTO THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION l
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8/11/95 Award / Contract, NRC-03-95-026 (61 pages) l l
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APPENDIX B RECORDS TOTALLY WITHHELD i
NUMBER DATE DESCRIPTION & EXEMPTION l
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10/18/94 Proposal in Response to Request for Proposal No.
RS-NRR-94-030, Scientech, Inc. (165 pages) 2.
06/07/95 Best and Final Offer Proposal in Response to Request for Proposal No. RS-NRR-94-030, i
l Scientech, Inc. (123 pages) l l
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