IA-86-821, Final Response to FOIA Request Re GESSAR-II.App a Document Available in Pdr.App B Document Partially Withheld (Ref FOIA Exemption 4)

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Final Response to FOIA Request Re GESSAR-II.App a Document Available in Pdr.App B Document Partially Withheld (Ref FOIA Exemption 4)
ML20207M694
Person / Time
Site: 05000447
Issue date: 01/09/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Connor L
DOC-SEARCH ASSOCIATES
Shared Package
ML20207M697 List:
References
FOIA-86-821 NUDOCS 8701130254
Download: ML20207M694 (4)


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U.S. NUCLEAR RE ULATORY COMMISSION hac Foia atoutsi kuvas;iss I 7

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~~PART I -RECORDS RELEASED OR NOT LOCATED (See checked bonest No agency records subsect to the request have been located.

No addetonal agency records subject to the request have been located Agency recorde m,bsect to the request that are identded in Appendia are altsady avanlable for public irspecten and copymg m the NRC Pubic Document Room, 1717 H Street, fu W., Washegton, DC.

Agency records subsect to the request that are identified in Appendia S are being made avadable for public inspecten and copymg in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under the Fold number and requester name.

W' The nonpropretary version of the propossus) that you agreed to accept e a telephone conversation with a member of my staff is now bestig made avalable for public inspecten and coying at the NRC Public Document Room,1717 H Street, N W , Washington, DC, in a folder under the FO!A number and requester name.

Enclosed e irdorr*aten on how you may obtain access to and the charges for copying records placed m the NRC Public Document Room,1717 H Street, N.W., Washegton, DC.

Agency records subsect to the request are enclosed. Any applicable charge for copes of the records rrovided and payment procedures are noted in the comments section, Eecords subsect to the request have been referred to another Federal agencyties) for revew and direct response to you.

In vow of NRC's response to the request, no fu therr action is bemg talten on appeal letter dated PART If.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaten in the requested records is bemg withheld from pubic declosure pursuant to the FOIA enemptene desenbod in and for the reasons stated in Part 11, sec-tsons 8. C. and D. Any released porter's of the documents for which only part of the record a bemg withheld are being made available for public inspection and copying in the NRC Public Document Room,17t7 H Street N W., Washington, DC. in a folder ur.ser this FOIA number and requester name.

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=4 PA <T ti.B. APPLICABLE FOIA EXEMPTIONS Records subject to the request that are described in the enclosed Appendices _ are being vathheld in their entirety or in part under FOtA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552tb) and 10 CFR 9.5(a) of NRC Reguistions.

1. The wthheld mformaton e property classded pursuant to Esecutwe Order 12356 (EXEMPTION 1)
2. The ethheld enformation relates solely to the e ternal personnel rules and procedures of NRC. (EXEMPTION 21
3. The wthheld mformaasn is specdically esempted from public @sclosure by statute mecated' (EXEMPTION 31 Secten 141145 of the Atomic Energy Act which prohibits the esclosure of Restncted Data or Formerty Restncted Data (42 U.S C. 21612165L Section 147 of the Atomic Energy Act which prohitnts the esclosure of Unclassified Safeguards Informaton (42 U S.C. 2167).
4. The wthheld information is a trade secret or commercial or financial mfo mation that a being withheld for the reasonist ind cated (EXEMPTION di The information is considered to be conf 4ential business fpropnetary) information.

The information is cons dered to be propretary inf armaton pursuant to 10 CFR 2.790(dH1).

The informat.on was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.730idH2

$. The wthheld informaten consists of eteragency or intraagency records that are not available through discovery durmg lit.getion. Declosure of predecisionalinformaton would tend to mhsbit the open and frank enchange of ideas essential to the deliberative process. Where records are wthhe6d in their enterety, it'e facts are meutncably intertwmed wth the predecissonal eformaten. There also are no reasonably segregable factual portions because the release of the facts would permet an merect anquity mto tne predecmonal process of the agency. tEXEMPTION 51

6. The withheld mformation a esempted from public disclosure because its d sclosure wowid result in a clearfy unwarranted invasen of personal pnvacy. IEXEMPTION 61

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7. The withheid information consists of invest gatory iecords comp 8ed for law enforcement purposes and a being withheld for the eason(s) indicated. (EXEMPTION 7)

Disclosure would interfere wth an enforcement proceeding because it could reveal the scope. $recten, and focus of enforcement efforts. and thus could possey allow them to take acten to sheid potentaal wrongdoing or a vo!aten of NRC require'nents from investigators. (EXEMPTION 7(All Declosure would constitute an unwarranted invasen of personal privacy (EXEMPTION 7(CH The information consists of names of indvduals and other informaton the dsclosure of whach wou'd reseal identities of confidential sources. (EXEMPTION 7tD PART tl C-DENYING OFFICtALS Pursuant to 10 CFR 9 9 and/or 915 of the U S. Nuclear Regulatory Commsson regulatons. it has been detennmed that the informaton withhekUs enempt from production or d sclosure, and that its producten or d sclosure is contrary to the public interest. The persons responsible for the tiemal are those orficials identified beion as denying officials and the Director.

Drwisen of Rules and Records, Offsce of Admanstraten, for any denials that may be appealed to the Enocutwe Director for Operations iEDO DENYING OFFICIAL TITLE JOF FICE RECORDS DENIED APPELLATE OFFICIAL

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PART 18 D- APPEAL RIGHTS The denial by each denying officialidentified in Part li.C rnay be appealed to the Appellate Officialidentified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission U.S. Nuclear Regulatory Commission, Washington, DC '0555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

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APPENDIX J _

RECORDS MAINTAINED AMONG PDR FILES NUMBER DATE DESCRIPTION

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