IA-87-527, Final Response to FOIA Request for Documents.Document Identified in App a Withheld in Entirety (Ref FOIA Exemption 7)

Final Response to FOIA Request for Documents.Document Identified in App a Withheld in Entirety (Ref FOIA Exemption 7)

ML20238B284
Person / Time
Site:	Fort Saint Vrain
Issue date:	08/27/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Taylor J DALLAS TIMES HERALD, DALLAS, TX
References
FOIA-87-527 NUDOCS 8709010149
Download: ML20238B284 (3)

Text

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\-c1A-En,F.r7 usos m RESPONSE TO FREEDOM OF I N "' I l **

INFORMATION ACT (FOlA) REQUEST ""

% e.ee s / AUG 2 71987 DocuET NUM8ERtsi ur epoecem l REoutSTER l

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PART 4.'-RECORDS RELEASED OR NOT LOCATED (See checked boxes)

No agency records subpect to the request have bearilocated.

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

Agency records avbject to the request that are identrFasd m Appendix are already available for public inspectbn and copying in the NRC Public Document Roort.

1717 H Street, N W., Washsngton, DC.

Agency records subject to the request that are idents'ind m Appendix are being made available for public inspection and copying in the NRC Public Docunwt Room,1717 H Street, N W., Washington, DC, m a folder under the FOIA number and requester name.

The nonproprietary verson of the proposaHsp that you agreed to accept in a telephone conversation with a member of my staff is now being made avadable for puviic inspectar 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.

Enclosed is informaten on how you may obtsen access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, D*,.

Apancy records subject to ths request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the commenta secten.

Records subject to the request have been referred to another Federal agencyties) for review and direct re conse to you.

In www of NRC's response to this request, no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam informaton in the requested records is being withheld from public disclosure pursuant to the FOIA exemptons described in end for the reasons stated in Part II, sec- 1 tions B. C. and D. Any rolessed portons of the documents for which only part of the record is being withheld are being snade 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, comment.

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A OlGN 1UR DIRECTOR, DIVI RUti$ ECORDS

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERISt O[h- "(( DATE: , , , , , __ _

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PART ll.B- APPLICABLE FOtA EXEMPTIONS M W Records subject to the request that are desenbed in the enclosed Appendices _ are being withheld in their entirety or in pan .eder FO.A Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 5(a) of NRC Regulations.

1. The withheed information is propedy classified pursuant to Esecutive Order 12356 (EXEMPTION 1)

2. The wrtheced mformabon relates solely to the internal personnel rules and procedu res of NRC. (EXEMPTION 21

3. The whheed mformation is specifically exempted from public disclosure by statute indicated: (EXEMPTION 31 Secton 14t.145 of the Atomic Energy Act which prohibits the disclosure of Restncted Oato or Formerly Restricted Data (42 U.S.C. 21612166L i

l Secton 147 of the Atomic Energy Act which prohibits the disclosure of Unclassded Safeguards information (42 U.S C. 2167).

4. The withneid information is a trade secret or commercial or financial information that is being withheid for the reason (s) indicated. (EXEMPTION 41 l

The information is cons.dered to be confidential business (propnetaryl information.

The mformaton is considered to be proprietary information pursuant to 10 CFR 2 7904dil1L l

l The mformatson was submitted and received in cor ficence from a foreign source pursuant to 10 CFR 2.790(d)(2L

$. The withhe6d information consists of interagency or intraagency records that are not available through dwovery dunng litigation. Declosure of predeceson.s otormatcn would tend to inhibit the open and frank exchange of ideas essential to the deliberavve process. Where records are withheld in their entirety, the facts are reatocatA intertwined with the DredeCissonalinformation. There also are no reasonably segregab6e factual portions because the reiease of the facts would permrt an indirect swuery into the predeceional process of the agency. (EXEMPTlON 5)

6. The wnhheed information is exempted from public disclosure because its declosure would result in a clearly unwarranted invasion of personal privacy. IEXEstPT'lON 6 i

7. The withneed informat on consists of investigatory records compiled for law enforcement purposes and a bemg withheld for the reason (s) indicated. (EXEhr2T10N 7

' Disclosure would interfere with an enforcement proceeding because it could reveal the scope. direction, and focus of enforcement efforts and thus couic possitWy allow them to take acton to shield potentW wrongdoing or a violatico of NRC requirements from investigators. (EXEMPTION 7(AH Dsciosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7(CH The information consets of names of individuals and other information the declosure of which would revealidentines of confidential sources (EXEMPTCN 7 D)I PART 11 C-DENYlNG OFFICIALS Pursuant to 10 CFR 9 9 and'or 915 of the U S. Nuclear Regalatory Cornmisson regulatons. it has been determined that the information withheid is exempt from producton or disckm.re.

and that its production or declosure e contrary to the public interest. The persons responsible for the denial are those officials identifed below as denyig officials rd the Dnctor.

Division of Runes and Records. Office of Administration, for any deniale that may be appealed to the Executive Director for Operations IEool OLNYlNG OFFICIAL TITLErOFFICE RECORDS DENIED APPELLATE OUICLAL MtNh sECRETAAY EDo Sbm Wne lk, )Lcp w;O >AM'd A.al/+, d A\ x PART 11 D- APPEAL RIGHTS The denial by each denying officialidentified in Part ll.C may be appealed to the Appellate Official identif;ed in that section. Any such appea' must be r writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operatioris or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearfy state on the envelope and in the letter that at is an " Appeal from an initial FOIA Decision."

Nac f onu se4 iPett zl te am U.S. NUCLEAR REGULATORY COMMtSSION FOIA RESPONSE CONTINUATION

1 APPENDIX A RECORDS TOTALLY WITHHELD l

1. Undated OIAFileNo.87-07(F0IAExemption(7)(A)).

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