IA-89-319, Final Response to FOIA Request for Records.App a Records Withheld (Ref FOIA Exemption 7)
| ML20246J461 | |
| Person / Time | |
|---|---|
| Issue date: | 08/31/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Kator I KATOR, SCOTT & HELLER |
| References | |
| FOIA-89-319 NUDOCS 8909050158 | |
| Download: ML20246J461 (3) | |
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U.8, CUCLEAR REIOLATORY COMMIS$40N NRG F04A HL 0000 NuMDLRS)
FOIA 319 h /,saa es.g i
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RESPONSE TYPE
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, RESPONSE TO FREED INFORMATION ACT (FOlA) REQUEST Xb=
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. AUG 311989 DOCA.Et NUMBENS) W appfecebees R60ut.ST E.R Irving Kator . Esquires PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checAed bones)
No agency records subject to the request have been located. ...
No additional agenew records subsect to tte request have been located.
Requested records are available throu@ another publc distr #buteon program. See Comments Section.
Agency records subtect to the request that are idenufed on Appendiales) are already available for public mapection and copymg m the NRC Public Docurrent Room 2120 L Street. N W.. Washmgton. DC 205$5. .
Agency records subl ect to the request tv are identifed on Appendiates) are bemg mede available for pubhc inspection and copyng in the NRC Pubhc Document Room, 2120 L Street. N.W., Washington, DC, m a folder under this FOiA number and requester name, The nonpropnetary version of eh9 proposas si that you agreed to accept in a telephone conversahon with a member of rny staff is now being made available for pubbc inspection and copymg at the NRC Put*c Dxument Room 2120 L Street. N.W., WasNngton, DC, m a folder unore this FOlA number and requester name.
Agency records sub iect to the reouest tha* are edentifed on Appendimiest may be inspected and coped at the NRC Local Pubisc Documens. Room edentified in the Comments Section.
Enclosed is information on how you mey octain access to and the charges for copytng ree ords placed in the hRC Public Document Room. 2t20 L Street. N W..
Washangton, DC.
l Agency records subrect to the request are enclosed.
l l- Records subsect to the request have teer' *eferred to another Federal agencytest for review and direct respcrse to you.
XX You will be billed by the NRC for toes totaeng $
104.09 in view of NRC's response to this reg.est no further action as being taken on appeaf letter dated
. No PART N. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE j Certom arsformation m tne requested re:orn is bemo withheld from public disclosure pursaant to the enemptions descrit.pd in and for the reasons stated in Part II, l
seClions B. C. and D Any released portes of the documents for which only part of the record is being witwiesd are being made available for pubhc anspection and copying m the NRC Public Document Nom. 2120 L Street, N W., Washmgton, DC.m a folder under this FOLA number and requester name COMMENTS The fees associated with the processing of your F0IA request are as follows:
Professional Search / Review - 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> = $74.64 Clerical Search / Review - 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> and 30 minutes = $29.45 Total = $104.09 l
l 8909050158 890831 PDR FDIA KATORB9-319 PDR _
SIGN . URE, DIRECT , DIVIS y F FFtEEDOM OF INFORMATION AND PUBLICATIONS SERVICf S
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v" ;g FREEDOM OF INFORMATION ACT RESPONSE FotA NUusEn<st FOIA 319 ' D/AUG s r Iggg PART N.8-APPLICABLE EXEMPTIONS hecords subject to the request that are describec on the enclossd Appendix (est A ,,e de,ng w,tnneid in ines, .ni,,,,, o, in pt,i und , in,
( Extenptions and for the reasons set forth below pursuant to 5 U S.C, 552(b) and 10 CFR 9.17(a) of NRC Regulations -
t . The withheld information es property classifed pursuant to Esecutive Order (EXEMPTION 1)
- 2. The withheld informaten relates solely to the intemal personnet. rules and procedures of NRC. fEXEMPTION 2)
- 3. The wfthheld informaten is specifically enempted from pec disclosure by statute edicated. (EXEMPTION 31 r.ectens 141145 of the Atomic Energy Act which pronots the disclosure of Restncted Data or Formerly Restncted Data 142 V 5 C 21612165L Section 147 of the Atomic Energy Act which prohetnts t'e disclosure of Unclassified Safeguards int. meten (42 U.S C. 2167
- 4. The withheld mformaten as a trade secret or commercial or firmncial mformatson that is being withheld for the reasonis) indicated IEXEMPTION 4)
The mformation is considered to be confidential busmess 1propnetary) mformation.
The information is considered to be propnetary eformate pursuant to 10 CFF. 2.790id)(1).
The mformation was submitted and received m conf +deve rursuant to 10 CFR 2 790 ldh 2L
- 5. The wrthheld mformaten consists of mteragency or miraegenci records that are not avaelable through discovery dunng litigsten (EXEMP'sQN $1 AppisCable Pnvilege:
Delsberativer Process: Disclosure of predecisional mformater would tend to mhibit the open and frank enchange of ideas esserw to the deliberative process.
Where socords are withheld in their entuety, the facts are eientricably mtertwmed with the predecisionalinformation. There also are no reasonably segregable factual portions because the release of the
- acts would permit sa indirect mouery sato the predecisional process of the agency.
Attorney work product pnostege (Documents preca ed ft. a attorney m contemplation of htipation i Attorney- chant pnvileDe (Confidenuat communicapons peMeen an attomer and his 'her cisent i
- 6. The withheld mformaten is esempted from public disclosu e beca-se its disclosure would result m a clearly unwarranted mvasen of perstre pn.acy ti XEMPTION 6)
XX' 7. The withheld information consists of records cornpened for sw enforcement purposes and is being withheld for the fesson(s) mocated (EXEMPTION 7)
Disclosure could reasonabiy be expected to mterfere we aa enforcernent proceeding bre.ause it could reveal the scope, directcr- and focus of en-XX forcement efforts. and thus could possibly Slow them to ta=e acten to sneeld potential wrongdo.ng or a velation of NRC reQuiremer*.s hom mvestigators EXEMPTION 7 (All Disclosure would constitute an unwarranted invasen of personal privacy (EXEMPTION 7tCil The mformation consists of names of individuals and ot e n formaten the disclosure of which could eessonably be empected in re* eat identites of confidential sources (EXEMPTION 7 ID)I
( OTHER PART N. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b) et/or 9 25 tc) of the U S Nuclear Fegulatory Commission regulations. It has been detemersed that the eformaten withheld is exempt f'om production or disclosur e, and that ets production or disclosu e e contearv to the public interest The persons responsible for the den.a are those officials identified tetow as deymg off cials and the Director. Division of Freeoom o' re 'omation and Pubhcations Serveces. Office of Aammistraten and Resmes Management. for any oamals that may be appepted to the Esecutive Director los Ope re.s 'EDO)
DENYlNG OFFICIAL TITLE ' OFFICE RECOROS DENTED APPELLATE OFFICIAL Director, Office of i sfCan Aav tDO Mr. Ben B. Hayes Investica tions Appendix A ,
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I l PART N. D- APPEAL RIGHTS The denial by each denying officielidentified in Part ILC may be appesied to the Appeflate Official identifed in that section. Any such appeal must be in wnting and must be made withm 30 days of receipt of this response. Appeals mu.i be addressed as appropriate to the E secutive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commessen. Washington, DC 20555. and should clearly state on the envelope and in the letter that M is an " Appeal from en Imtsal FOA Decision.'
. cac FORu 404 (Pari 2) U.S. NUCLEAR fEGULATORY COMMISSION r.
FOLA RESPONSE CONTINUATION
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1-l Re: F01A-89-319 l
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APPENDIX A RECORDS WITHHELD IN ENTIRETY l
,' EXEMPTION 7(A)
DATE' DESCRIPTION l
Various Dates Records subject to request relate to an ongoing investigation conducted by the NRC's Office of Investigations.
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