ML20005G619

Partial Response to FOIA Request for Documents.App a Records Totally Withheld (Ref FOIA Exemption 7)

ML20005G619
Person / Time
Issue date:	01/12/1990
From:	Philips J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Gillespie A JACKSON & CAMPBELL, P.C.
References
FOIA-89-512 NUDOCS 9001220007
Download: ML20005G619 (3)

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'INFORMATION ACT [FOIA) REQUEST.

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PART 1.- AGENC'Y RECORDS RELEA D OR NOT LOCATED (See cheeAed boxes)

No agency records subject to the request have been located.

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

Requested records are avaaable through another pubhc distribution program. See Comments Section.

Ager.cy records sub ect to the request that o's ident#fied on Appendiatest are already available for pubhc inspection and copying m the l

NRC Public Document Roost-, 2120 L Street, F "/, Washington DC 20555 Agency records subsect to t%: vequest that are identified on Appendimiesi are being made available for pubhc inspection and copying in the NRC Pubhc Document Room, 2120 L Street, N W,. Washington. DC, in a folder under this FOIA number and requester name.

The rionpropnetary version of the proposaHel that you agreed to accept m a telephone conversation with a member of my staff is now being made eveilable for pubhc inspection and copying at the NRC Pubhc Document Room 2120 L Street N.W, Washington. DC, in e folder under this FOIA number and requester name.

Agency records subject to the request that are identifiedon Appendrulesi rney be mspected and copied at the NRC Local Pubhc Document Room identified in the Comments Section.

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

Washington, DC.

Agency records subject to the request are enclosed.

Recorde sutiect to the request ha.e been referred to another Federal agency (ies) for review and direct response to you.

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'i You will be billed by the NRC fer fees totalmg 4 in view of NRC's response to this request, no further action is being taken on appeal letter dated No.

PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE f

Ctriain information m the requested records is being withhcid from pubhc disclosure pursuant to the enemptions described m and for the reasons stated m Part 11, 1

SoClions B C, and D. Any released pordons of the documents for which only part of the record is being withheld are bem; made avadable for pubhc inspection and l

copying in the NRC Pubhc Document Room > 2120 L Street, N.W., Washmgton, DC.m a folder under this FOIA number and requester name.

COMMENTS l

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SIGNATURE, E O IVISI REEDOM FORMATION AND PUBUCATIONS SERVICES

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[%FREhpOM'OF HliFORMATION ACT RESPONSE F O I A u 9 7 # 2 -

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PANT a.s-APPLICABLE EXEMPTIOfd8 4

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~ Records subject to the request that are described ort the cnclosed Appendix (es).J/

ore being withheld in theit f.ntit:ty or in pa,rt under the e

, tsernpilons and foi the reasons set forth below pursuant to 5 U.S.C. 552M and 10 CFR 9.17ta) of NRC Regulations ~

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1, The withheld information is property classifeed pursuant to Emocutive Order (EXEMPTION 11 6;,

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2. The withheld information relates solely to the internel personnel rules and procedures of NRC. (EKEMPTION 2) 3 f T4 wnhheld information is specif cally exempted from pubhc disclosure by statute indicated: (EXEMPTION 31 Sections 141 145 of the Alomic Energy Act which prohibits the disclosure of Restricted Data or Formerly Bestncted Data (42 U S C. 216121656.

Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 21671.

4. The withheld mformaten is a trade secret or commercial or fmancial information that is bemg withheld for the reason (s) indicated. (EXEMPTION dl The informaHon is considered to be confidentist business (proprietary) information.

The information is considered to be proprietary information pursuant to 10 CFR 2.790tdH11.

The information was submitted and received in confidence pursuant to 10 CFR 2.790(dH2).

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6; The wrthheld infomat.on consists of intevepency or 'ntraegency records that are noi availaok through drscovery dunne htmation. IDEMPTION 5). Applicable Privilege; 4

Deliberstia Process: Disclosure of preoccasiorsal informat#on would tend to mhibst the (1cien and fran. uchcige @f edoes essential to the deliberative process.

Where recorde are withheld in their etaraiy,'the facts are inextricably intertered with the pie *fetmonal mtormation There ese are no ressortably segregable factual porti:ars because the release cf _the f acts would permit an indirect nouiry mio the psodecisms: process of the agency.

,j Attorney work-pttwfuct rnvis pe (Documents prepared by an ettorney in contemplation of tr!>gation I I

e Attorney -ctwnt envuegs (Conisdential communecations between an attorney and his her client ) '

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6, The atthheht Informatiori s esempted from pec disclosure because its d'sclosure would result in a clearly unwarranted inesioW actiond evacy, (EXEMPTION 61 i

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7i The attht vid informatam consista of records :ompiled for law enforcertwnt purposes and is being witnheid for the tsasordsbrMrv@wt ! EXEMPTION 7)-

Disclosure couM reasonably be empec.!vo to mterfere with an ente.rcement proceedmg becauw it could reveal the scope. 64tew sno focus of en.

0 8 *cenwnt eHorts end thus could possi$y allow teem to take action to shield polential wrongstc*ng or a violation of NRC requiremett, no e irwestigators

-1 EXEb6PTION 7 tAis

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Disdcoute weald rant stetute en unwarranted invasion cf pervonal pnvecy (EXEMPTION 7tCil j

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The informalion consists of names of mdividuals sind other informatim the 6sMuse of whkh could reat.onebly be espected to revealidentities of confidential sources IEXEMPTION 7 (Oli

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PART II. C-DENYING OFFICIALS t

Pursuant to 10 CFR 9 25tb) and'or 9 25 tcl of the U S. Nuclear Regulatory Commissson regulations. it has been determined that the mformation mthheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public mterest, The persons responseble for the denial are those of ficials ider.tified below as denymg officials and the Director. Division 01 Freedom of Information and Publications Services. Office of Adm nistration and Resources Management. for any.-

denials that may be appepted to the Emacutive Dire. tor for Operations tEDOI DENYING OFFICIAL TITLEIOFFICE RECORDS DENIED APPELLATE OFFICIAL i

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PART 11. D-APPEAL RIGHTS The denial by each deny 4rm officic m ;r (, S. ^ spealed to the Appettate' Official identified in that section. Any such appeal must be in writing and must

= a eddressed es appropriate to the Executive Director for Operations or to the Secretary of the Commission, be made within 30 days c 7 r sceipt ! F. i

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" c should clearty state on the envelope and in the letter that it is an " Appeal from an initial FOlA Decision."

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- NRC F; RM 464 (Part 2)

U.S. NUCLEAR REGULATORY COMMISSION wee' '

FOIA RESPONSE CONTINUATION a

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