IA-89-409, Final Response to FOIA Request.App a & B Records Available in PDR & Encl.Portions of App B Record Withheld (Ref FOIA Exemption 6)

Final Response to FOIA Request.App a & B Records Available in PDR & Encl.Portions of App B Record Withheld (Ref FOIA Exemption 6)

ML20247R336
Person / Time
Site:	Cooper, Duane Arnold, South Texas, Quad Cities, La Crosse, Fort Calhoun, 05000000
Issue date:	09/26/1989
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Axland J AFFILIATION NOT ASSIGNED
Shared Package
ML20247R342	List: IA-89-409, Final Response to FOIA Request.App a & B Records Available in PDR & Encl.Portions of App B Record Withheld (Ref FOIA Exemption 6) ML20247R336 ML20247R371
References
FOIA-89-409 NUDOCS 8909290231
Download: ML20247R336 (4)

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INFORMATION ACT (FOlA) REQUEST SEP 2 61939

\..e.e oocatt svuustmsitir aw.c ami PREQUESTE L /A bYL AM PART I.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes) 4

.4o agency recorde subtect to the request have been located.

No additional agency recorde subject to the request have been located.

Requested records are evellebie through another public distributed program. See Comments Sectkin.

Agency records subject to the request that are identifed on Appendiales) are alrrMy available for pubhc inspecten and copying in the NRC Pubhc M nent Room 2120 L Street. N.W.. Washington DC 20555. _

Agency records subsect to the requeat that are identified on Appendentes) A a o being made available for public inspection and copying in the NRC Pubhc Document Room, 2120 L Street, N.W. Washington. DC. in a folder under this FOtA number and requester name.

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a enember of my staff is now twemg made available for pubhc inspection and copying at the NRC Pubhc Docun.ent Room 2120 L Street, N.W., Washington. DC in a folder under this FOIA number and requester name.

Agency records subject to the request that are identifed on Appendmfes) may be inspected and topied at the NRC Local Pubuc Document Room identified in the Comments Section.

Enclosed is information on how you may obtain access to and the charges for copying records placed in the NRC Pubhc Document Room. 2120 L Street. N W.,

Wrshington, DC.

Agency records subsect to the request are enclosed.

Records subject to the request have been referred to another Federst agencylies) for revew and duect response to you.

You will be bified by the NRC for fees totahng 8 in view of NRC's response to this request, no further action es being taken on appeal letter dated No.

PART B. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withhe6d from pubhc disclosure pursuant to the esemptions described in and for the reasons stated in Part II, sectLns B. C, and D. Any relened portions of the documents for which oniy part of the record is being withheld are beeng made available for pubhc inspection and copying in the NRC Pubhc Document Room. 2120 L St eet. N.W., Washington. DC.en a folder under this FolA number and requester name.

COMMENTS 8909290231 890926 PDR FDIA AXLANDB9-409 PDR on Si D lor iSioN EEDoM INFORMATION AND PUBLICATIONS SERVICES f

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-i R; cords subjec to the rtauest that tre dsscribed on the anctossd AppentfMssi are being withheld in their entirety or in p*rt under the j :

. Esimptions and for the reasons set forth below pursuant to 5 U.S C, 552(b) and 1 FR 9.17(a) of NRC Regulations.

1. The wkhhold .aformaten is property classifsed pursuant to Executive Order (EXEMPTION 1)

2. The withbuld informaten relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2) 1

3. The mMeld information is specifically exempted from pubhc disrtosure by statute indicated: EXEMPTION 3)

~ Set;ans 141-145 of the Atomic Energy Act which prohebits the disclosure of Restricted Date or Formerly Restucted Data 142 U.S C,216121651. .

I['l Section 147 of the Atomic Energy Act which prohibits the disclosure of Unciessifed Safeguaios information 142 U.S C. 2167).

4e 4, The withheld information is a trade secret or comrnercial o financialinformation that is bemg withheld for the reason (s)indecated. (EXEMPTION di N

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N The information is considered to be confidential business (proprietary) information.

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5 The information 4 considered to be proprietary information pursuant to 10 CFH 2.790td)(1).

The information was submitted and received in confidence pursuunt to 1D CFh 2.790(dH21. ,

5 The withheld information consists of mterogency or mtraagency records that are not available through discovery durmg htigation (EXEMPTION EL Applicable Pnv61ege:

Deliberative Process: Disclosure of predecisenalinformation would tend to mhsbet the open and frank exchange of Meas essential to the deliberative p*0 cess.

Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisional mformation. There also are no reasonably segregable f actual portions because ths release of the facts would permit an indirect mouiry into the predecisional process of the egency<

Attomey work-product pnvilege. (Documents prepaN by an attorney m contemplation of htigeon.1-Attorney-client pnvilege. confidential communicaisons between an atiorney and his her client i

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6. The withheld information is easmpted from pubhc disclosure because its disclosure would result in a Llearly unwanented mvastort of personal pnvecy. (EXEMPTION 81

7. The withheld informaten cons;sts of records compiled for law enforcement purposes and is being withheld for the reasonis) indicated. (EXEMPTION 7) - {

Disclosure could reasonably be empected to rnterfere with an enforcement proca eding because et could reveal the scope. direction, and focus of en-forcement efforts. and thus could possibly allow them to take action to shiekt potential wrongdomg or a violation of NRC requirements from mvestigators.

EXEMPTION 7 (AH 3 4

• Disclosure would constitute an unwarranted invasion of personal pnvecy (EXEMPTION 7tCD }.

m The information consists of names of mdividuats and other mformation the disclosure of which could reasonably t's enoected to reveal identities of confidential sources (EXEMPTION 7 (Dil Other PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(bl ansor 9 25 Ici of the U S Nuclear Regulatory Commissen regulatens. it has been determeived that the mformation withheld " is esempt from production or disclosure, and that its production or disclosure is conteary to the public mierest. The perso responsible for the deniaf r .- ':

__ - - '- ;" .- " the Director, Divisen of Freedom of Information and Publicatens Serv ces. Offic of Administration and Resources Management. for any l

danials that may be appepted to the Executive Director for Operations IEDOs.

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SECRET ARY EDO

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PART 11. D- APPEAL RIGHTS I t

The denial by each denying officealidentified in Pa/t il C may be appealed to the Appellate Official adentified in that section. Any such appeal must be in wnting and must

. be made within 30 days ri receipt of this response. Appsats must be addressed as appropriate to the E xecutsve Director for Operations or to the Secretary of the Commissen-U.S. Nuclear Regulatory Commission. Washmgton. DC 20555 and should clearly state on the envelope and en the letter that it 6s an " Appeal from an initial FOI A DeciseC esmc Posina esa fr.rt 21 - U.S. NUCLEAR REGULATORY COMMISSION

"" FOIA RESPONSE CONTINUATION

. Re: F0IA. [7- k'df l? ,

. APPENDIX N' u

RECORDS MAINTAINED AMONG PDR FILES NUMBER DATE DESCRIPTION

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APPENDIX' i RECORDSPARilALLYWITHHELA

-' NUMBER" DATE' . DESCRIPTION & EXEMPTION l, . q)gj,7 n fo/A? Y7-V06,IWd i.

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