ML19332C603

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Final Response to FOIA Request for Documents.Partially Withheld App D Documents (Ref FOIA Exemption 4) Encl & Also Available in PDR
ML19332C603
Person / Time
Site: Nine Mile Point  Constellation icon.png
Issue date: 11/13/1989
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Salant J
NEWHOUSE NEWS SERVICE, WASHINGTON, DC
Shared Package
ML19332C604 List:
References
FOIA-89-374 NUDOCS 8911280340
Download: ML19332C603 (3)


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INFORMATION ACT (FOIA) REQUEST

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%% rmo PATT 1.- A'GENCY RECORDS RELEASED OR NOT LOCATED (See chec&cd bones) '

No agency recorde subpct to the request have toen located.

No additional egency records autvect to the request have toen located.

Reguoeted records are available through another putdec d.stribution program. See Comments Section.

Agency records subpect to the request that see edentifed on Append ntes) e o already available for pubhc mapection and copymg m the Nec Pubhc Document Room P170 L $teeet. N W.. Washmgion. DC 20666 Agency records subsect to the request that e e dentifed on Appendentest are bemg made eveilable for pubhc anspection and copying m the NRC Pubhc Document Room, 2120 L Street. N W., Washington. DC. m a folder under this FOIA number and reauester name The nonproprietary verson of the proposaltsi that you agreed to eccept an a telephone conveesation with a member of my staff is now bemg made svedoble for pubhc Inspection and copy 6ng et the NRC Pubhc Document Room 2170 L Street. N W., Washington. DC m a fo6 der undes this FDIA rumber and reauester name.

Ageracy records subject to the request that are edentifed on Append.aient may te inspected en1 coped at the NRC Local Pubhc Document Room edentifeed in the Comments Secten.

Enclosed se informahon on how you may obtem access to and the charges for copymg recoids placed m the NRC Pubhc Document Room. 2tPO L Street N W.,

Washmaton. DC.

Agency records subsect to the request are enclosed.

Records sub ect to the request have been referred to another Federal apencyliest for review and direct response to you t

You will be bdied by the NRC for fees totehng 4 in view of NRC's response to this request. no further action to bemg taken on appealletter dated No PART 11. A-lNFORMATION WITHHELD FROM PUBLIC DISCLOSURE C;rtain information m the requested records is being withheld from pubhc disclosure pursuant no the esemptons descrited in and for the reasons stated m Part 11 sections B. C. and D. Any released portions of the docume.ts for which only part of the record is temg withheid are being made eseitable for public mspection and topying a the NRC Pubhc Documert Room, 2120 L Street N W.. Washington, DC. in a folder under this iOI A number and requester name.

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- Accords subject to the request that are described on the enclosed Appendetes) are being withheld in their entirety or in part under the

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Esemptions and for the reasons set forth telow pursuant to 5 U.S C. 55Nb) and 10 CFR 9.17(a) of NRC Regulations.

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1. The wahheid informeten is property classited pursuant to Executive Order itXEMPTION 11
2. The wethheid enformaten ratetes soiety to the internal personnet rules and proceouses of NRC. ((X[MPTION 21 i
3. The withheld anformation a specifcahy enempted from publ.c disclosure by statute andecated. IlXEMPTION 3)

Sectens 141 146 of the Atomic Energy Act wNch prohibits the disclosure of Reste cted Data or Formerly Restncted Data 142 U S C 216121666.

Section 147 of the Atomec Energy Act wNch proNtuts the declosure of Unctessifed Safeguards information 142 U S.C. 2167L r

..g a The withheld eformation e e trede secret or commercial or financialinformation that is treing withheld toe the reasontelindicated (f XEMPTION 41 e

The information is considered to be conficential butment tpropnetary) snformation The information is considered to be propretary mformation pursuant to 10 CFR 2.790ldHIL The mformaten was submitted and received in confidence pursuant to 10 CFR 2.790 ldh 2)

6. The withheld 6nformabon consists of mieregency or mtraegency records that are not pia.lable through di6covery donng litigsten (tMMPTION 6). Applicable Pnvtege' Deliberative Process. Disciosure of predeceenal mformation would tend to mhebit the open and frons enchange of ideas essential to the deliberative process.

Where records are withheld m their entirety, the f acts are mestucably mtertwmed with the predecisional mformation There arso are no reasonably segregable factuel portens tocause the release of the f acts would germit an mdirect movery into the predecisionat process of the egency Attomey wortproduct pnvilege (Documents swepared by on attomey in contempletion of litigation i Attomey-client pnvilege (Confidential commurucatens between en atromev entf his-her client )

6. The withheld informaten a esempted from public declosure t ecause its disclosure would result m e caerly unmarranted invasson of gersonal pnvety. ((KLMPTION 61
7. The withheld informaten consists of records compiled for law enforcement purposes and is being withheld for the reason (s) endicated itXIMPTION 7)

D sclosure could reasonably te espected to interfere with an enforcarment proceeding trecause n could reveal the scope. duettion. and focus of en forcement ettorts. and thus could possibly eleon them to take action to sheid potential wrongooew or a vio4ation of NRC reaunements from mvest'getors E XtMPTION 7 IAH Disclosure would constitute an unmarranted invasen of personal pnvecy if XEMPTION 7tCH The mformation consists of names of moividuals and othee mformation the disclosure of wNch coved seasonablv be enoected to reveal edentities of confidential sources IEX(MPTION 7 (Dn OTHER s

PART IL C-DENYING OFFICIALS Pesuant to 10 CFR 9 26tbl undtor 9 26 tcl of the U S Nuclear Regulatory Commission regulat ons et has been cetermmed that the mformation withheld is enempt i

from production or disclosure, and that its production or dsclosure e contearv to the oublic interest The persons responsible for the denial are those officiais edenbfed below as denyng officists and the Director. Diveson of Freedom of Information and Publicatens Eierveces. Office of Admmistration and Resources Management. for any penials that may be appepied to the taecutive Duector for Operations tEDOi DENYING OFF'CIAL TITLEIOF FICE R ECORDS DENIED APP (LLAf t OFFICIAL NT N

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PART IL O-APPEAL RIGHTS The denial by each denying off*cist identifed in Part 11 C may be appealed to the Appellate Off+cialidentefed m that secten Any such appeal must be m wntmg and must be made within 30 days of receipt of tNs response. Appeals must be addressed as appropriate to the imecutive Director for Operations or to the Secretary of the Commission.

U.S. Nuclear Regulatory Commessen. WesNngton. DC 20666, and should clearly state on the envelope and 6n the letter that it is en "Appeet from en initial FOI A Decision."

t ac Fopisi 464 (Part 21 U.S. NUCLEAR REGULATORY COMMISSION (11 88)

FOlA RESPONSE CONTINUATION

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