ML20005G676

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Final Response to FOIA Request for Documents.App a Documents Totally Withheld (Ref FOIA Exemption 7)
ML20005G676
Person / Time
Issue date: 01/18/1990
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Bauman L
ROBINSON, ROBINSON, PETERSON, BERK, RUDOLPH, CROSS
References
FOIA-89-551 NUDOCS 9001220137
Download: ML20005G676 (3)


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DOCKIT #dVMiKRISI(N appketde) atoutstEn-4, ggll/4 WW PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checAed bonest Deo agency recorde sutgect to the request have been located.

No addttional agency records subsect to the sequest have been located.

Requested re%rds are evellable through another public distribuuon program. See Comments Secteon.

I ANncy records subpect to the request thet are identifed on Appendiales)-

_are already avadable for publec inspection and copymg in the NRC PutAc Document Room 2 t20 L Street, N W., Weshmgton. DC 20655.

Agency tecords subsect to the requst thal are identified on Appendialest are being made available for pubhc inspection ano copymg en the ja NRC Pubhc Document Room, 2120 L Street, N W., Washirgton, DC, an a folder under this FOIA number and requester name.

The nonproprietary version of the proposalts) that you agreed to accept en a telephone conversation with a member of my staff is now being made available for pubhc inspection and copying at the NRC Public Document Room 2120 L Street, N.W., Washington, DC, in a folder undei tNs FOiA number and requester name.

Agency records subject to the request that ere identifed on Apper.fiules) may be inspected and copied at the NHC Local Public Document Room identified in the Comments Section, Enclosed is information on how you may obtaen access to and the charges for copying records placed m the NRC Pubhc Document Room. 2120 L Street, N W, Washangton, DC.

Agency records subject to the request are enclosed.

Records subject to the reouest have been referred to another Federal agency (ses) for review and direet response to you.

You will be billed by the NPC for fees totekng 4 3

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In view of NRC's response to this request, no further action is being taken on appealletter dated No.

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l PAR *.

'8 A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE 1

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Certain information in the requested records is bemg withheld from public disclosure pursuant to the esemptions described in and for the reasons stated m Part 11.

seCllons B, C, and D. Any released portions of the documents for which only part of the record is bemg withneid are being made available for pubhc inspection and copying in the NRC Pubhc Document Room,2120 L Street, N W., WasNngton, DC.in a folder under tNs FOiA number and requester name.

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SIG[URE, DIRECTOR, DI ISION REEDOM OF INFORMAT.CN AND PUBLICATIONS SERVICES JtRW

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@ ! FREESOM OF WFORMATON ACT ' RESPONSE i roiA Nuu thsi FOIA ?-55'S' oATE:

sN PART R.t-APPUCABLE EXEMPTIONS ukd L

- Records subject to the fkuest that are described on the tactosed Appondixt:s)..

_ ore beira withheld in their entir;ty e

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- mornptions and for the reasons set forth below pursuant to 6 U S.C. 652(b) anu 19 CFR 9.17(a) of NRC Regulationss l'. The withheld intxmation is property classified pursuant to Executive Order (EXEMPTION il k

24 The withheld information teletes solely to the intomal personnel rules and procedures of NRC, (EXEMPTION 21

3. The withheid informat.on is specificeriy eaempted from public disclosure by statute indecated. (EXEMPTION 3)

Sections 141 145 of the Atom c Energy' Act which prohibits the disclosure of Restricted Data or Formerfy Restricted Data 142 U S C. 216121656.

Section 147 of the Atomic Energy Act which prohibits the disclosure of U5 classified $sfeguards Information (42 U.S C 21670'

4. The withheld mformation is a trade secret or commercial or financial informaten that le being withheld for the reason (s) mdecated; (EXEMPTION 4)

The informaten is considered to be confidential business (proprietaryl informatiort The information is considered to be proprietary information pursuant to 10 CFR 2.790tdH1L The information was submitted and receWed in confidence pursuant to 10 CFR 2.790(dl(2b c"

5 The withheld information consists of eteragency or entraagency records that are not available through discovery riurmg litigation. dXEMPil0N 61. Applicable Pnvilege-Deliberative Process: Disclosure of predecisicnalinformabon would tend to chibit the open and fear k enchange of edeas essentiat to the dehberative process.

Where records are withheld in their entirety, the f acts are mentncably mtertwmed with the predecisiona! mf ormation. There also are no reasonably segregable factual portons because the release of the f acts would permit an mdueet mouiry into the predecisional process of the agency.

Attorney work. product pnvilege IDocuments prepared by an attorney in contemplation of litigation i Attorney -client pnvilege IConfidential communications between an attorney and his'her chent i 6 The withheld mformation is exempted from pubhc disclosure because ris disclosure would result m e elearty unwarranted invasion of personal pnvecy, IEXEMPTION 61

7. The withheld information cons'sts of records compiled for law enforcement purposes and is being withheld for the reasonis) mdicated. (EXEMPTION 7)

Disclosure could reasonably bc espected to miertere with an enforcement proceeding because it cod meal tee scope. direct on. and focus of en -

forcement off orts. and thus could possibly ellow them to take action to shield potential wrongdoms or a volation of NRC GQueements f rom mvestigators.

EXEMPTION 7 dAll t

Disclosure would constitute are unwarranted invasion of personal privacy (EXEMPTION 7tCH The information consists of names of mdividuals and other information the disclosure of which could reasonaoly be emoected to reveal edentities of confidential sources IEXEMPTION 7 (0)I OTHER-

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- PART H. C-DENYING OFFICIALS i

Pursuant to 10 CFR 9 25rb) and'or 9 25 tel of the U S Nuclear Regulatory Commission regulatior's. It has b en det ermir.ed that the inforiiation wwtv. held is enempt from productson or disclosure, and that its production or disclosure as contrary to the pubhc mterdst Joe parsons respr;,nsible for the denial are those 6fficials identified below as denymg officials and the Director. Division of Freedom of informatiort and Put* cations Services. Office of Admmistration and Resov ces MM.agement, for any e

deru;is that may be appeged to the Executive Director for Operations (EDOI

-. _ a 3D APPFLLATE OFFICIAL l

DENYING OFFICIAL TITLE / OFFICE

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p PART H. D-APPEAL RIGHTS The denial by each denying officialidentife;$ i Part Il C may be appealed to the Appellate Officialidentified in that section. Any such appeal must be in writing and must

' be made within 30 days of receipt of thisninconau. Appeals must be eddressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission,

- U.S. Nuclear Regulatory Commission, Ws Wagton, DC 20$55, and should clearty state on the envelope and in the letter that it is an " Appeal from an Initial FOA Decison."

NRC FORM 464 (Part 2)

U.6, NUCLEAR REGULATORY COMMISSION (I t.88)

FOIA RESPONSE CONTINUATION

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