IA-87-308, Final Response to FOIA Request.Documents Listed on App a Available in Pdr.Document Listed on App B Withheld (Ref FOIA Exemption 7A)
| ML20215M036 | |
| Person / Time | |
|---|---|
| Issue date: | 06/23/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Hays J WICHITA EAGLE-BEACON, WICHITA, KS |
| References | |
| FOIA-87-308 NUDOCS 8706260255 | |
| Download: ML20215M036 (4) | |
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^)L I, T S* RESPONSE TO FREEDOM OF g[6
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%e ee.. / INFORMATION ACT (FOIA) REQUEST JUN 2 31987 DOCn tT kvM8ta,s> ur opsu, ream \
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I AEQUESTE{)'5 \ . ., CCLn o %s PART l. RECORDS RELEASED OR NOT LOCATED (See c^ecked bones) l No egency recore subject to the request have been located -
Nc addstional agency records subsect to the request have been located tt are already avadable for pubhc erspection and copying m the NRC Pubhc Documen Room. l
' Agency records subpect to the request that are adentified in Appenden 1717 H Street N W., Washington, DC are being made availabee for pubhc inspect on and copyng in the NRC Pubhc Documant I Agency words subsect to the request that are identified m Appendas Room.1717 H Street. N W., Washington. DC. e a folder under this FOIA number and requester name I
The nonproptwtary versen of the proposaits) that you agreed to accept m a te4ephone conversation with a member of my staff a now being made avadable for pubhc 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.
Encioned is inff'mation on how you may obtain access to and the charges for copymg records placed in the NRC Pubhc Document Room.1717 H Street, N W., Washington. DC Agency records subject to the request are enclosed Any applicable charge for copses of the records provided and payment procedures are noted in the comments section Records subsect to the request have been referred to another Federal agencybesi for review and direct response to you I
in view of NRC's response tc the request, no further actson a being taken on appeal letter dated )
PART tl.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested rewon a being withheid from pubhc deciosure pursuant to the FOIA exemptions described m and for the reasons stated m Part 11, sec-tions 8. C. and D. Any released portiorn of the documents for which only part of the record is being withheld are being made available for pubhc inspection and copying m .
the NRC Public Document Room,171'i % Street. N W . Washington, DC. e a folder under this FOIA number and requester name Comments l
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8706260255 870623 PDR FOIA HAYS87-308 PDR
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NIC FORM #4 iPari n it asi
' FREEDOM OF INFORMATION ACT RESPONSE - FO.A NUV8ERiSt l DATE . i W PA?iT 115 - APPLICABLE FSIA EXE MPTIONS ~
Records subject to the request that are desenbed in the enclosed Appendices ._. are being ethheld in their entirety or in part under FOIA !
Enernptions and for the reasons set forth beto* pursuant to 5 U.S C 552tbl anTTD CFR 9 5(a) of NRC Regalations n-1 The wit heid mformation a property clawf4d ou suantr to Executme Order 12356 (EXEMPTION ti j 2 The wthheid informaton relates solely to the <nternal persormel rules and procedures of NRC IEXEMPTION 2) .
1 3 The wthheld eformation is specifically esemcted from public disclosure by statute indicated IEXEMPTION 31 f J
Secten 141145 of the Atomic Energy Act wNch prohibsts the disclosure of Restricted Data or Formeriv Restncted Data 142 U S C. 21612165 Section 147 of the Atomic Energy Act wNch prohbts the drselosure of Unclassifed Safeguards informaten (42 U S.C. 21671.
- 4. The wthheld information is a trade secret or commercial or financial information that is bemg withheld for the reasorWsl indicated. IEXEMPTION di The mformation is considered to be conridental businesa (proprietaryl mformaton.
The information is considered to be propnetary information pursuant to 10 CFR 2.790(dHt). l
' The mformaten was submitted and recemed m confidence from a foreign source pursuant to 10 CFR 2 790(dM26 l
- 5. The withheld information conssts of interagenev or mtraegency records that are not available through discovery durmg litigation Declosure of predecesonal eformaton would tend to chibit the open and frank exchange of ideas essential to the dehberative process. Where records are withheld in their enterety, the facts are inextricaDry intertwmed wth the predecimonal eformaton There also are no reasonabiv segregable factual portions because the release of the facts would permit an indieect inquiry mto the predecisenal process of the agency. (EXEMPTION O l
- 6. The whhheld mformanon e exempted from pubic declosure because its disclosure would result m a clearly unwarranted invasion of personal prmacy iEXEMPTION 6>
- 7. The withheld information conssts of investgatory records compded for law enforcement purposes and a bemg utereld for the reasonts) indicatec IEXEMPTION h
' Disclosure would mterfere wth an enforcement proceedmg because W could reveal the scope, direction. end focus of enforcement efforts. and thus could i possibly allow them to take action 'o shed potential wrongdomg or a violation of NRC requirements from mvestgators (EXEMPTION 7(An .
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Declosure would constitute an unwen inted mvasion of personal preacy iEXEMPTION 7tCU The informaton consists of names of m teiduals and othes mformaticn the disclosure of which would reveal identitles of Confidential sources iEXEMPTrON 71011 j
PART ll C-DENYING OFFICIALS l Pursuant to 10 CFR 9 9 and'or 915 of the U S. Nuo er Regulatory Commission regulatons. it has been determined that the mformation withheld e exempt from producten or disclosure and that its production or disclosure a contrary to w pubhc interest. The persons responsible for the denial are those officiais identifed below as denymg officials and the Director.
Devcon of Rules and Records. Offce of Adminste iion, for any deniais that may be appealed to the Enocutwe Director for Operatensisoot DENYING OFFICIAL TITLErOFFICE etECORDS DENIED APPELLATE OFFICIAL f' sECRITARY Eco w
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PART fl D- APPEAL RIGHTS The denial by each denying official identified in Part it.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in ,
i writing and must be made within 30 days of receipt of this response. Appeais must be accreseeo as appropnete to tne Executive Director for Operations or to ~
- the Secretary of the Commission, U.S. Nucteer Reptatory Commission, Washington, DC 20566, and should clearly state on the envelope and in the letter that it is an " Appeal from en initial FOlA Decision, sene Foau as4 (Peri 21 U.S. NUCLEAR REGULATORY COMMISSION '
casi FOIA RESPONSE CONTINUATION
Pe: FO:A- 37-3J3 ___
APPEN0!X A RECCRDS MAINTAINED AMONG PDD FILES NUMBEA DATE DESCRIPTION Items I and 2 of your request are already in the PDR in file folder F01A-84-291 under the name Brosius (lawsuit documents) as follows:
10/28/35 memo from Herr to flartin: Document No. 4-85-011, #7 12/19/35 memo from Martin to Herr: Document No. 4-05-011, #5 l
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F0;u 87-308 Re: __ _
APPENDIX B RECORDS TOTALLY WITHHELD NUMBER pgE DESCRIPTION & EXESPTION 1
l' Records regarding category 3 of your recuest relate to an ongoing Office of Investigations' investigation and are being withheld pursuant-to Exemption 7(A).
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