IA-87-697, Final Response to FOIA Request for Documents Re Ongoing Investigation.App a Documents Withheld (Ref FOIA Exemption 7)
| ML20236D834 | |
| Person / Time | |
|---|---|
| Issue date: | 10/26/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Fisher C WICHITA BUSINESS JOURNAL, WICHITA, KS |
| References | |
| FOIA-87-697 NUDOCS 8710280380 | |
| Download: ML20236D834 (3) | |
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U.S. NUCLEAR REGULATORY COMMIS%ON hac F e,soutst Nuust: i
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RESPONSE TO FREEDOM OF / <'i** *'
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%,e INFORMATION ACT (FOIA) REQUEST ee.~
OCT 2 61887 DOCKET peuM8EAlsa (tr appAe6 del
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No agency records subject to the request have been located.
No additional egency recorde subsect to the request have bson located.
Agency records subject to the request that are identified in Appendix are airoedy avaisbie for pub 6c inspection and cop %ng in the NRC Public Document Room, 1717 H Street, N.W., Weehington, DC.
Agency records subject to the request that are identified in Appendix are being made avstable for public inspection and copying in the NRC Public Docurnent !
Room,1717 H Street, N.W., WaeNngton, DC, in a folder under this FOIA number and requester name. I The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a rnorrter of my staff le now being rnede eve 8eble for public irspectson and coying at the NRC Public Document Room,1717 H Street, N W., Washington, DC,in a folder under the FOIA number and requester name.
Enclosed is information 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 subi ect to the recpest are enclosed. Any applicable charge for copies of the records prowled and payment procedures are noted in the comments section.
. ;ocorde subject to the request have been referred to another Federal agencyties) for revww and direct response to you.
In view of NRC's response to this request, no further action is being taken on appeelletter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DtSCLOSURE Certsen informaton in the requested records is being withheid from public dociosure pursuant to the FOIA enernptions described in and for the reasons stated in Part it, sec-tions 8, C, and D. Any released portions of the documents for which only part of the record is being withheld are being rnede avaaabia for public inspection and copyin0 in th3 NRC Public Docenent Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.
Comrnents
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8710280380 PDR 871026 i FOIA FISHER 87-697 PDR l
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FREEDOM CF INFORMATION ACT CESPONSE FOiA NUMBERISL DATE OCT 2 8 m '
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, e PART 118- APPLICABLE FOIA EXEMPTIONS Records spbject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under FOiA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10'CFR 9.Sta) of NRC Regulations.
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- 1. The withheld information is property ciaasified pursuant to Eme:utwe Order 12356 (EXEMPTbN !!
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- 2. The withheld information reiates soleh to the intemal personnet ves and procedures of NAC. (EXEMPTION 2#
- 3. The withheld information is specifically exempted from public $scaosure by statute indicated. (EXEMPTION 3)
Section 141146 of the Atomic Energy Act which prohibrts the declosure of Restricted Data m Formerty Restt<wJ Data (42 U.S.C. 2161-2165).
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D Section 147 of the Atomic Energy Act which prchibrts the deciosure of Unclassified Safeguards information (42 U.S.C. 2167).
- 4. The wtthheld information is a trade secret or commerciel or francuet information that is being withheld for the resn(s) indicated: (EXIMPTtON 4) - l The informahon is considered to be confidential business (siropnetary) inforrretion.
The information is considered to be propnetary information pursuant to 10 CFR 2.790td)(1).
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+s hy The information was submitted and rocsived in confidence trorn a foreign source pursuant to 10 CFR 2.790(dH2). '
- 6. The withheld information corvists of interagency or intraagency records that are not available through discovery dunng litigation. Oscicours of predecisional information would tend to inhibit the open and frank exchange of ideas essenraal to the deliberative process, Where records are withheld in their enersty, the facts are inextricably intertwined with the oredecisonal informeten. There eleo are se reasonath segregable factual portions because the re6eese of the facts would permit an anderect inquiry into the predecisional process of the egency. (EXEhePTION 5)
- 6. The withhe6d information is esempted from public disclosure tiecAme its d<sclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 6)
- 7. The withheld informaten consists of investagetory records cor" oiled for law enforcement purposes and is being withheld for the reasonist inde;.ated. IEXEMPTiON 7)
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s Disclosure would interfere with an enforcement procee$ng becasse it could rNan the scope, direction, and focus of enforcement efforts and thus could possibly allow them to talie action to shined potential wronger,g or a vrolaten of NRC requirements from investigators (EXEMPTION 7( AO Disc 60sure would constitute an unwarranted invasion of persorw privacy (EXEMPTION 7tCH The information consists of names of individuals and other eformetion the dsclosure of which wuuld revealidentities of confidential sources. (EXEMPTION 7(DH PART la C-DENYING OFFICIALS l pursuant to 10 CFR 9.9 and/or 9.15 of the U S. Nuciaer Regulatory Commesson regulations, it has beeri dumimined that the information withheld is amarrot from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial are those officials identified below as durvng officials and the Director, DMesan of Rules and Records, Office of Administration, for any denses shot may be appealed to the Executive Director for Operations (EDOL )
7 OENYtNG OFFICIAL , TITLE /pmCE _
RECORDS DENIED APPELLATE OFFICIAL
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l PART ll D- APPEAL RIGHTS The denial by each denying official identified in Part li.C rnay tae appealed to the Appellate Official identified 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 of to s the Secretary of the Commissson, U.S. Nuclear Regulatory Cornmission, Washington, DC 20555, and dould clearty state on the envelope and in the letter 1 that it is an " Appeal from ar in/tial FOIA Decision."
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