ML19282C382
| ML19282C382 | |
| Person / Time | |
|---|---|
| Issue date: | 03/13/1979 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Kranish A TRENDS PUBLISHING, INC. |
| References | |
| FOIA-77-106, FOIA-77-A-21 NUDOCS 7903300084 | |
| Download: ML19282C382 (2) | |
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UNITED STATES Ob 4
NUCLEAR REGULATORY COMMisslON f
J WASHINGTON, D. C. 20555 o,,
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%, '*****f March 13, 1979 Mr. Arthur Kranish, Editor Trends Publishing, Inc.
National Press Building IN RESPONSE REFER Washington, D.C.
20045 TO F0IA-77-106, 77-A-21
Dear Mr. Kranish:
By letter dated August 3,1977, Mr. Lee V. Gossick, acting for the Commission, responded to your appeal of the June 30, 1977 initial denial of your Freedom of Information Act (FOIA) request of May 25, 1977 in which you had requested access to all correspondence, memoranda, reports and other records received, considered, or approved by the Task Force on Allegations by James Conran. In Mr. Gossick's response, you were advised that documents 7, 9, and 99 were withheld pending a classification review, and that upon completion of that review non-exempt portions of the documents would be disclosed.
This review, which has required consultations with other Federal agencies, has now been completed.
Portions of document 7 contain Restricted Data and other National Security Information.
The statutory authority for withholding Restricted Data is found in Sections 141 through 145 of the Atomic Energy Act of 1942, as amended (42 U.S.C. 2161-2165), which control access to Restricted Data and prohibits its unauthorized disclosure. Similarly, Executive Order 12065 prohibits unauthorized disclosure of National Security Information.
The withheld portions of document 7 are exempted from disclosure pursuant to exemptions (1) and (3) of the Freedom of Information Act (5 U.S.C. 552(b)(1) and (3)) and 10 CFR 9.5(a)(1) and (3) of the Commission's regulations.
Portions of documents 9 and 99 have been classified pursuant to Executive Order 11652 and continue to be classified pursuant to Executive Order 12065 and are being withheld from public disclosure pursuant to exemption (1) of the Freedom of Information Act (5 U.S.C. 552(b)(1)) and 10 CF 9.5(a)(1) of the Comn.ission's regulations.
Copies of documents 7, 9, and 99 with the exempt portions deleted are being placed in the NRC Public Document Room located at 1717 H Street, N.W., Washington, DC.
Pursuant to 10 CFR 9.9 and 9.15 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the 7 908 3000 d
public interest. The persons responsible for the denial of the withheld portions of documents 7 and 9 are Mr. Raymond J. Brady, Director, Division of Security and the undersigned.
The person responsible for the denial of the withhelc: portions of document 99 is Samuel J. Chilk, Secretary of the Commission.
The denials by Mr. Brady and myself may be appealed to the Executive Director for Operations within 30 days from the receipt of this letter.
Any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision." The denial by Mr.
Chilk may be appealed within 30 days to the Commission and should be addressed to the Secretary of the Commission.
Sincere.ly, g
J. M. Fe ton, Director Division of Rules and Records Office of Administration
.