IA-87-656, Final Response to FOIA Request Re Investigation.App a Records Withheld (Ref FOIA Exemption 7)

Final Response to FOIA Request Re Investigation.App a Records Withheld (Ref FOIA Exemption 7)

ML20235W086
Person / Time
Issue date:	10/13/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Rosenberg M KANSAS CITY STAR/KANSAS CITY TIMES, KANSAS CITY
References
FOIA-87-656 NUDOCS 8710150583
Download: ML20235W086 (3)

Text

- _ _ - _ _ - _ - _ . . _ - - _ _ - - - - - - _ - - - - - - - - - - - -

U.S. NUCLE REGULATORY COMMISSION NAC M EOL T NUMoER($)

l se se i i RESPONSE TO FREEDOM OF '

""' I I ""

• g '"

e e ;,. e INFORMATION ACT (FOlA) REQUEST 00T 13 W l i

DOCKET NUM8ERtS)IXaspecsMrs j i _ _

l M

P41.-RECOADS RELEASED OR NOT LOCATED (See checkect bossel I No agency records subtect to the request have been located.

j No additsonal agency records sutelect to the rosasst have been located.

1 Agency records subject to the request 1 hat are ithentfied in Appendix are already evadable for public kopectson and coppng in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC. i j

Agency records subject to the request that are banened in Appendix are being made available for ptMic elopecten and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number end requester name. l The nonproprietary version of the proposaits) that you agreed to accept in a telephone conversetson with a member of my eseff is now being made avstable for public slopection and coying at the NRC Public Document Room,17t7 H Street, N W., Washington, DC,in a folder under the FOIA rweer and recuerter narne.

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

Agency records subject to the request are eth Any applicabee charge for copies of the record 6 provided and payment prwures are noted in the comments section.

)

Recorde subject to the request have been refened to another Federal egency(es) for review and direct response to you.

In view of NRC's response to this request, no further action is bemg talten on appealletter dated l l

PART ff.A-fNFORMAT10N WITHHELD FROM PUBLIC OtSCLOSURE Certam informaton in the requested records is bemg withheld from public disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part 11, sec-tione B. C, and D. Any released portone of tre documents for which only part of the record is being withheld re being mode evaAable for public inspecten and copyeig in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under the FolA number and requester name.

/'C ,-~,,?.6s l

8710150583 PDR FOIA 871013 ROSENBE87-656 PDR

^  :

SIG/f/nt, DiMICTO8t. DrW F RULf 8 f6 CORDS WAmiu .

c6wsA NRC FORM 464 (Part H r> 4s>

FREIOOM dF INFORMATION ACT RESPONSE ' **

FOIA NUMBERISL OA*E CI 131307 PART ll 8- APPLICABLE FptA EXEMPTIONS Records subject to the request that are described in the enclosed Appendices *~ . are being withheld in their entirety or in part under FOIA E.aermtions and for the reasor:e set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The withheld information is property classified pursuant to Executm Order 12356 IEXEMPTION Il

2. TN withheld intornution relates soiety to the intomal personnel rules and procedures of NRC. (EXEMPTION 2}

l

3. The withheld inforrnation is specifically exempted from public dectosure by statute indicated: (EXEMPTION 3)

~. Section 141146 of the Atomac Energy Act which prohibits the disclosure of Restricted Data'or Formerfy Restricted Osta M2 U.S.C. 2161-2165L

xN i Section 147 of the Atornac Energy Act which prohitits the dvd-ro of Unclassrfed Safeguards information 142 U.S.C. 2167).

4. The Mthheld information is a trade secret or commercial or financial informetson that is being withheld for the reason (s) indicated: IEXEMPTION 48 The information is considered to be confidential business (propretaryl information.

The information is considered to be proprietary information pursuant to 10 CFR 2.790(d)(1L J The information was submitted and received in confidence from a forongn source pursuant to 10 CFR 2.790dd)(2).

E The withheld information consista of interagency or intraagency records that are not available through descovery during litigation. Deciosure of prarw=enalinformation wodd tend to inhibit the open and frar* exchange of ideas essentaal to the deliberative process. Where records are wrthheid in their entirety, the tacts are inextncably yeartwined with the predec6sional information. There also are no reasonably segregable factual portions because the release of the facts would pennie an indrect enquiry into tne predecmonal process of the egency. (EXEMPTION 58

6. The Mthheld information is exempted from public declosure because its disclosure would result in a clearty unwarranted invasion of personal pnvacy. EXEMPTION 61

7. The withheld information corwsts of investigatory records comp 3ed for new enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7) d - :

Desclosure would interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts, and tPus cxwid

..- possitwy esow them to take action to sheld potental wrongdosng or a viotaten of NRC requirements from investigators. (EXEMPTION 7(A))

U Declosure would constitute en unwsrrented invasion of personal privacy (EXEMPTION 71C))

The information consists of names of individuals and other information the disclosure of which would reveal identities of confidential sources. (EXEMPTION 7(0))

PART 11 C-DENYING OFFICIALS Purstens to to CFR 9.9 k , or S.16 of the L,.G Nucleer Regulatory Commesson regulations. it has been determined that the information withhold is esempt from protsuction or disclosure, and that ses production o'r declosure is contrary to the public interest. The persons responsible for the denal are those officials identifed below as denying officens and the Drector, DMonon of Aules and Records, Office of Administration, for any denists that may be appealed to the Executive Director for Operations (EDol.

DENYING OFFICIAL TITLF/OFFIC RECORDS DENIED APPELLATE OFFICIAL IN LM -entM & f (V r - ..

gpm

. y PART 81 D- APPEAL RIGHTS The denial by each denying o%cial identified in Part li.C may be appeded to the Appellate Official identified in that section. Any such appeal must be in wntin0 and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Exewtive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearfy state on the enve60pe arid in the letter that it is an " Appeal from an kutial FO(A Decision."

sme roana ese tes,1 m le ssi U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

' - 1 Re: FOIA.

)

APPENDIX 1 RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION 4

%rea2+ouo);*

Wuesha% o.d are pa% +0 %g {

b

\ ,

_ _ _ _ _ - _ - _ - _ - _ - - . _ _ -