IA-87-138, Final Response to FOIA Request.App G Info Re South African Origin Matl Imported & Exported from Us During Period of 1981-86 Completely Withheld (Ref FOIA Exemption 4)
| ML20216J180 | |
| Person / Time | |
|---|---|
| Issue date: | 06/29/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Trosten L LEBOEUF, LAMB, LEIBY & MACRAE |
| References | |
| FOIA-87-138 NUDOCS 8707020230 | |
| Download: ML20216J180 (3) | |
Text
---
F- ' '
U.S. NUCLEAR REGULATORY COMMISSION NRc roiA aEOVEST NUMBERt$r fDZ[ $ ?~)3(
y.
y* **%
(e M"^'
RESPONSETYPt Il
! l RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST Qg 4"
'*"7'^'
(e..e ,/ . e M 2 9 1987 i
j DOCKE1 NUMBf RtS7 ist appresemi 4 REQUESTER
/Wf? /Eck M D M &cr7Eh' PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked botest No agency records subect to the request have been located.
No additonal agency records subsect to the request have been located Agency recorda subject to the request that are identified in Appendix are already available for public inspection and copying in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.
Agsney records subject to the request that are identified in Appendix are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W , Washington, DC, in a folder under this FOIA number and requester name. ]
l The nonproprietary version of the proposaHal that you agreed to accept in a telephone conversation with a member of my staff 4 now be9g m,ade available for public inspection and coying at the NRC Public Document Room,1717 H Street, N W . Washington, DC, in a folder under this FOIA number and requester name. ,
i Enclosed is informaton on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N W., Washington, DC.
Agency records subect l to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments section.
Records sub#ect to the request have been referred to another Federal agencybes) for review and diree; response to you. l In view of NRC's response to this re4uest no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part il, sec-tions B, C. and D. Any released portions of the documents for which only part of the fecord is being withheld are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N W., Washington, DC, in a folder under this FOIA number and requester name Cor'nments i
l 4
1 07070 0N TEt 107-136 si tu . DiatqoR. DMSLO F ULES AN" r poS A
- _ L \
.s. . . . .
U q I
NaC FORM 464 :Part H 69451 i
FREEDOM OF INF03MATION ACT RESPONSE FOIA NUMBER!SL /h-6 OATE _ _
PART ll B- APPLICABLE FOIA EXEMPTIONS JUN 4U lWI Records subject to the request that ce descr, bed in the enclosed Appendeces G are being withheld in their entirety or in part under FOI A Exemptions and for the reasons set forth below pursuant to 5 U.S C. 552(b) and 10 CFR 9 5(al of NRC Regulations.
1 The wthheicfinformation is property classified pursuant to Executwe Order 12356 IEXEMPTION 1) 2 The ethhald information re>ates sodeiy to the interrtal personnel rules and procedur es of NRC (EXEMPTION 2) 3 *ne withheld information is spec 6cally exempted from public disclosure by statute indicated (EXEMPTION 31 Section 141 145 of the Atomac Energy Act which prohibits the disclosur e of Restocted Data or Formerly Restricted Data i42 U.S C. 21612165L Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safe 0uards information (42 U.S C, 2167L
- 4. The withheld soformation is a trade secret or commercial or financial information that ;s being w thheld for the reasonial indicated. (EXEMPTION 4)
The information is considered to be confidential business lproprietary) information.
The information is considered to be proprietary information pursuant to 10 CFR 2.790tdK1).
The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2 790td421
- 5. The withheld irdormation conssts of interagency or !ntraagency records that are not available through discovery dunng htigation. Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the debberative process Where records are wthheld an their entirety, the facts are inextncably intertwined with the predecisional information. There also are no reasonably segregable factual portions because the reiease of the f acts would permit an indirect inquiry into the predecisional process of the agency (EXEMPTION 51 6 The mthheld inforfration is exempted from pubhc disclosure because its disclosure would result in a ciearly unwarranted invasion of personal privacy (EXEMPTION 61
- 7. The withheld information conssts of investigatory records compiled for law enforcement purposes and is being withheio for the reason (sl indicated (EXEMPTION 7) l Disclosure would interfere with an enforcement proceeding because at could reveal the scope. direction. and focus of enforcement efforts. and thus could l possibiy allow them to take action to shseld potential congdoing or a violation of NRC requeements from investigators (EXEMPTION 7( An Disclosure would constitute an unwarranted invasion of personal pnvecy (EXEMPTION 7sCH The informattor* consists of names of indrviduath and other information the disclosure of which would reveal identities of confidential sources (EXEMPTION 7100 PART 11 C- DENYING OFFICIALS Pursuant to 10 CFR 9 9 and 'or 915 of the U S Nuclear Regulatory Commission regulations, at has been determined that the informition withheld is enempt from production or disclosure, and that its production or disclosure is contrary to the pubhc interest. The persons responsible for the denial are those officials identified below as denying officials and the Director, Divissor* of Rules and Records. Office of Administration. for any denials that may be appeated to the- Executive Detector for Operations tEcos DENYlNG OFFICIAL TITLE OFFICE RECORDS DENIED APPELLATE OFFICIAL SfCRETARY EDO
)$ H CNHW 5/YEWhCf /GMSS hN X )
l l
l J
l
}
l PART ll D-. APPEAL RIGHTS l The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in
, wntsng and rnust be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to l the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter tMt it is an " Appeal from an initial FOIA Decision."
c .C FORM 464 IPart 21 U.S. NUCLEAR REGULATORY COMMISSION s ee FOIA RESPONSE CONTINUATION
K 4 Re: F0IA- T M /37 APPENDIX G i l
. RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION l I' N* * ,} } ~ Znq x y d n dn&'
fpu es %-,%$a l'
yn' A.s /e '9 ru d -/n ,Q4J(2/ u~p g )n.#<
&ct. H) 1 i
i l
- LEBOEUF, LAMB, LElBY & MAcRAE A **armrasma mctuomo aaoressicaAL coanoaar:o s 13 3 3 N EW HA M PSHIRE AVEN U E WASHINGTON. DC 20036 I (202) 457*7500 TELEX: 440274 FACSIMILE: 202 d S 7-75:8 ,
BOSTON,MA N EW YOR K, N Y LaSOEu r, LAMB, LElBY & M AcR AE (UK) p QALT LAKE CIT Y, UT j
LONDON, ENGLAND NCWARK,NJ RALEIGH, NC EDISON, NJ SQM FRANCISCO, CA J ACKSO NVlLLE, F L LOG ANGELES, CA MFIww March 4, 1987 g F ng g
)*"/J[
VIA HAND DELIVERY Director, Office of Administration
-- ~
d 3 -s '4a U.S. Nuclear Regulatory Commission Washington, D.C. 20555
Dear Sir:
Pursuant to the Freedom of Information Act, 5 U.S.C. S 552 (1982), and 10 C.F.R. S 9.8 (1986), I hereby request copies of the following documents:
- 1. Any memoranda, correspondence, or any other documents of, to or from the Nuclear Regulatory Commission regarding its December 31, 1986 amendment to 10 C.F.R. Part 110. 51 Fed. Reg. 4 7,2 07.
- 2. Any memoranda, correspondence, or any other documents of, to or from the Nuclear Regulatory Commission regarding License No. ISNM-83-025 (Docket No.
110-3365), issued to Exxon Nuclear Company, Inc.-(now doing business as Advanced Nuclear Fuels Corporation) on January 12, 1984.
- 3. Any memoranda, correspondence, or any other documents i of, to or from the Nuclear Regulatory Commission ]
regarding License Application No. ISNM-87-005 (Docket i No. 110-3928), filed by Exxon Nuclear Company, Inc. i (now doing business as Advanced Nuclear Fuels l Corporation) on January 9, 1987.
]
l s
$'7Ai VAD W~
T I 1%Y 7' ' -
pu,
j e f %
' Director, Office of Administration Ma'rch 4, 1987 '
'Page 2 ,
l
- 4. Any memoranda, correspondence, or any other documents of, to or from the Nuclear Regulatory Commission j regarding the interpretation or implementation of the {
Comprehensive Anti-Apartheid Act of 1986, including i but not limited to SECY-87-33, South African Uranium Imports (February 6, 1987) (including appendices) ;
SECY-86-336A; and the Memorandum from William C.
Parler, General Counsel, to Commissioner James K.
Asselstine, Legal Analysis of Section 309 (a) of the Comprehensive Anti-Apartheid Act of 1986 (P.L.99-440)(November 26, 1986).
I agree to pay up to $100.00 for the copies of these documents. If the charges exceed this amount, please contact James W. Moeller at 457-7500 to receive an authorization for additional charges.
Sincerely yours, Leonard M. Trosten LMT:gmf
)
i l
l l
.