ML19327B347
| ML19327B347 | |
| Person / Time | |
|---|---|
| Issue date: | 10/26/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Darke J AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML19327B348 | List: |
| References | |
| FOIA-89-356 NUDOCS 8910300226 | |
| Download: ML19327B347 (4) | |
Text
VI
[
U.S. NUCLEAR REGULATORY COAMMSSION wac tosa neoutsi nuuacnise
,1 4
,%.4 gdOg(
"t 70lA -- 89-356 nwown tm j
l RESPONSE TO FREEOOM OF X l'aat I Iraavia' 6'"
!NFORMATION ACT (FOIA) REQUEST OM 2 6 M 4
)
DOCRtf NUMeERS (8f appesatiet i
amouuria F
Mr. John Darke PART l.- AGENCY RECORDS RELEASED OR NOT LOCATED fSee checked boxes)
No agency records subpoct to the requ.at have been located.
+
L No additional egency recorde subject to the request have been located.
1 Requested records are aveReble through another public dratribution program. See Comments Section.
A0ency records subsect to the request that are identifed on Appendatesi are already eveilable for pubhc inspection and copying in the NRC Pubhc Document Room 2120 L Street. N W., Washington, DC 20555 A
.,e be,ng m.de avaiiabie fo, pubhc inspection end copyeg in the Agency records subsect to the request that are identified on Appendiales)
N NAC Pubhc Document Room. 2120 L Street. N W., Washington. DC. in a folder under this FOIA number and requester name.
The nonproprietary versson c.f the proposalls) that you egreed to accept in a telephone conversation with a member of my staff is now being made available for pubhc inopoetion and copying et the NRC Pubhc Document Room 2t20 L Street. N W., Washmgton. DC. M e folder undes this FOiA number and requester name.
Agent.y records subject to the request that are identifiedon Appendsatest may be inspected end copied at the NRC Local Pubhc Document Room identifed in the Comments Sect 6on.
Enclosed to information on how you may obtam access to and the charges for copylng records placed in the NRC Pubhc Document Room. 2120 L Street. N W.,
Washhoton, DC.
g Agency records subject to the request are enclosed.
Recorde subrect to the request have been referred to another Federal agenc@est for review and dwect response to you.
12*44 X
You wif" be billed by the NRC for fees totaling 4 Irt view of NRC's resporte to this request. no further acten is bemg taken on appealletter dated No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam information in the requested records is bemo mthheld from pubhc disclosure pursuant to the enemptions described m and for the reasons stated in Part 11 X
- ecticas s. C. end D. Any reieased portens of tse documenis fo, which oniv pari of the,ecord is demg withheid.re beeg made eveiabie for pubhc inspecien and (opying in the NRC Pubhc Document Room. 2t 20 L Street. N W., Washington. DC.in a folder under thes FOtA numbe' and requester name.
COMMENTS The actual fees associated with the processing of your F0IA request are as follows:
Professional Search - 1/2 hour $12.44 Total = $12.44 i
F 1
1 l
L L
Ar A
DIG U E. DIREQTOR, Dfy i OF FR.
OF INFOR ATION AND PUBLICATIONS SERVICf.S
. A444
'l*
A f, fx;f..,,
_ 4; W, +h,Q:,l $ @$?'.(1(LVl% Dh$yl# )
5
+
19 p-s.
j; V
,,,'M
^
~
',9
.p-
.s
~
r a
hN ',
edIO300226091026 y
+
C I
- M o DARKEB9-35,6 g
~
E jy 1
~.......
FREEDOM OF INFORMATION ACT RESPONSE FotA NuuEe F?lA 356 DATru PART E B-APPLICABLE EXEMPTIONS M H I 5 1989 i
e 0'
Record subject to the request that are described on the enclosed Append;mtes) _
_ ere being whhheld in their entir;ty or in part under the Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(e) of NRC Regulationes
~
l}
- 1. The withheld Information is property classified pursuent to f aecutive Order (EXEMPTION tl
- 2. The withhold informat6on relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2) 3 The withheld information is specificolly esempted from public disclosure by statute indicated; (EXEMPTION 3)
.i
):,14 Sections 141 145 of the Atomic Energy Act which proNbeta the disclosure of Restricted Data or Formerly Restricted Date 142 U.S C. 21612166L 1A A
i Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information 142 U.S C. 2167).
L
- 4. The withheld irformaten is a trade secret or commercial or fmancialinformaten that 6e bemg withheld for the reason (s) md cated. (EXEMPTION di t
The information is considered to be confidential business (propnetary) information.
}
The information is considered to be propnetary information pursuant to 10 CSR 2.790ldHil.
The information was submitted end received in confidence pursuant to 10 CFR 2.790(dH2).
X
- 6. The withheid information consists of interasency or mtrassency records thai are noi a.aeiebie intouch d'scovery durma 6isontea. itx(MPTION 51. Apphcable Prtynege:
Dehberative Process: Disclosure of predecisenalinformation would tend to inNbet the open and frank enchange of ideas essetitial to the dehEatsve process.
"ortens beca'us'e'the'hh*'d 'a 'h*" *ac*ts would permit en indire'ct inquiry into the predecis' ional p'rocess of the agency. ' a' ***
h* ** *'d
' v
'h* '*c ** "'"c 6 "' * * *d * h 'h' a' d "*""'a'* *' *a T h*
X p
release of the fa X
Attomey work-product privilege IDocuments prepared by an attorney m contemplation of htigation )
Attorne* client pnyde04. (Confidential communscatens between an attorney and his her client i
- 6. The withheld information is enempted from pubke disclosure because its disclosure would result in a cleerty unwarranted mvasion of personal pnvecy. (EXEMrTIOfd 61
- 7. The withheld informaten consists of records compded for law enforcement purposes and is bemg withheld for the reason (s) indicated. (EXEMPTION 7)
Desclosure could reasonably be espected to interfere with an enforcement proceedmg because it could reveal the scope, direct on, and focus of gn-forcement ef forts. and thus could possibly ailow them to take action to sNeld potential wrongdomg or a velation of NRC requirements from investigators EXEMPTION 7 (AH Dsclosure would constitute an unwarranted invasion of personal privacy ttXEMPTION 7(Cil i
The mformaten consists of names of mdividuals and other mformaten the desclosure of whech could reasonatdy be espected to revealidentities of i
cont.dential sources (EXEMPTION 710))
OTHER PART R. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b) and/or 9 25 tc) of the U S. Nuclear Regulatory Commission regulatens. It has been determined that the informaten withheld is esempt from producten or disclosure. and that its production or disclosure is contrary to the pubhc mierest The persons respons.b'e for the denis' are those officials identified below as der *ymg officials and the Director. (%sion of Freedom of Ir.forn.ation and Pubhcations Services. Office of Administration and Resources Management. for any denials that may be appested to the Emecutive Director for Operanons (EDOI l
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL atCau^av EoO Deputy General Counsel for B-1/B-2 X
Mr. Joseph Scinto HeadDgs and Enforcement Regional Administrator B-3/B-4 X
i Mr. Robert D. Martin
_Reginn IV Directors Office of Nuclear B-5 X
Mr. Robert M. Bernero Eatarial Rafaty and Safeguardt..
PART N. D-APPEAL RIGHTS The denial by each denying officialidentified in Part 11 C may be oppealed to the Appellate Official identified in that.ecten. Any such appeal must be in writmg and must be made witNn 30 days of receipt of tNs response. Appeals must be eddressed as appropriate to the Esecutive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20$55, and should clearly state on the envelope and in the letter that it is en " Appeal from en insteel FOIA Decision."
NRC PORM 4e4 (Part 2)
U.S. NUCLEAR REGULATORY COMMISSION FOlA FIESPONSE CONTINUATION
~
J.
'r Re: F01A-89-356 l
P APPENDIX A RELEASED RECORDS l
1.
7/10/85 Memorandum from Seeman to Files (12 pages) 2.
6/30/86 Handwritten notes - Atlas Corp. Balance Sheet (1 page) 3.
2/24/87 Note from Martin to Fonner and others (1 page) 4 Undated Names and telephone numbers used by Office of General Counsel inconnectionwithAtlas(1page) r s
4 l
l l
l l
1
9 3
(.,,
I L
Re:
F01A-89-356 APPENDIX B L
RECORDS WTTHHELD IN ENTIRETY p
r 1.
Undeted Handwritten Notes - Attorney's Summary of 10 CFR - Section 40.42 (1 page) Exemption 5 - Attorney Work-product 2.
Undated Various Handwritten Notes in the Attorney file (4 pages)
Exemption 5 - Attorney Work-product 3.
Undated Draf t memorandum from Robert D. Martin to James M. Taylor with draft attachments, subject:
Order to Show Cause, Atlas Corporation (23 pages) Exemption 5 - Deliberative Process 4.
11/24/86 Memorandum from Robert D. Martin to James M. Taylor, subject:
Order to Show Cause, Atlas Corporation (3 pages) with the following attachment:
a.
Ur: dated draf t letter from James M. Taylor to Richard R. Weaver (3 pages)
Exemption 5 - Deliberative Process 5.
Undated Draft Commission paper (20 pages) Exemption 5 - Deliberative Process l
[
E l
l l
l 1.
I l
.