ML20006A329
| ML20006A329 | |
| Person / Time | |
|---|---|
| Issue date: | 01/19/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Airozo D INSIDE N.R.C. (MCGRAW-HILL PUBLICATION) |
| References | |
| FOIA-90-3 NUDOCS 9001260130 | |
| Download: ML20006A329 (3) | |
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U.S. NUC EAR REOULATORY COMMISS6ON mec nnA Rtouts vgat asi FOlA -- u-3 o
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RESPONSE TO FREEDOM OF I F=t C@^atiat I <t
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INFORMATION ACT (FOIA) REQUEST
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[f PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checAed bones)
No agency records su to the request have been located.
No o&Wtional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments Section.
Agency records subsect to the request that sie identified on Appendimlett
_ are already evaliable for pubhc inspectson and copying in the NRC Pubhc Document Room 2120 L Street. N.W., Washington. DC 20$$$
Agency records sub}ect to the request that are identified on Appendimies)
. =e bemg made available for public 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 nonproprietary version of the proposal (s) that you agreed to eccept in a telephone conversatson with a member of my staff is now being made available for public inspecten end copying et the NRC PutAc Document Room 2120 t Street. N.W., Washington, DC, in a folder unden this FOIA number and requester name.
Agency records subject to the request that are identihed on Appendiatesi may be inspected and copeed at the NRC Local Public Document Rocen identrfied in the Comments Section.
_7' Enclosed is 6nformation on how you may obtsm access to and the charges for copymg rei;ords placed m the NRC Public Document Room. 2120 L Street. N W.,
washington, DC.
Agency records subsect to the request are enclosed.
Records subject to the request have been referred to another Federal egencybes) for review and direct response to you.
You will be billed by the NRC for fees totatmg 4
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in view of NRC's response to this request, no further action is bemg taken on appealletter dated
. No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cortam mformation in the requested records as being withheld from public disclosure pursuant to the exemptions described m and for the reasons stated m Part it.
Sections B. C, and D. Any released portions of the documents fr which only part of the record is being withheld are being made avestable for pubhc mapection and Mopying en the NRC Pubhc Document Room,2120 L Street. N.W., Washington. DC.m a folder under this FOIA number and requester name.
j COMMENTS e
lh 9001260130 900109 PDR FOIA AIROZO90-3 PDR l
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URE, DIRECTO IVISION REEDOM OF INFORMATION AND PUBLICATIONS SERVICES NW H~
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9REEDOM OF INFORMATIGN ACT RESPONSE FOIA NUMBER (Sc PART ll.B.- APPLICABLE EXEMPTIONS i
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Records subWt to the requesi that are described on the :nclosed Appendistes) _ _ ___are being withheld in their entir;ty or in part under the s
m E: eruptions and fof the reasons set forth below pursuant to 5 U.S C,552(b) and 0 C R 9.17(a) of NRC Regulations..
1, The withheld information is property classified pursuant to Esecutive Order (EXEMPTION 1)
- 2. The withheld information rotates solely to the intomal personnet rules and procedures of NRC. (EXEMPTION 2) -
- 3. The withheld information is specifcery exempted from public disclosure by statute indcated. (EXEMPTION 3)
Sectens 141 145 of the Atomic Energy Act which prornbits the desclosue of Restricted Date or Formetty Restucted Data (42 U.S C. 216121661.
- l Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards informaten 142 U.S C 21671 g
- 4. The withheld information is e trade secret or commercial or fmancial mformaten that 6s being withheld for the reason (s) mdicated: (EXEMPTION 4)
N The information is considered to be confidential busmess (proprietary) mformation.
-l The information is considered to be propnetary information pursuant to 10 CFR 2.790tdHil. '
The informaten was submitted end received in confidence pursuant to 10 CFR 2.790tdH21.'
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- 6. The withheld mformation consists of interogency or intraagency records tf%t are not evadable through discovery durmg litigation IExEMPTION 5) Appiscable Privilege:
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Deliberative Process. Disclosure of predecisical mformation would tend to mhibit the open and frank enchange of ideas essential to the deliberative process.
Where records are withheld in their entersty, the f acts are mentescably mtertwined with the predecisional mformation. There also are no reasonably segregable factual -
portions because the release of the f acts would permai en mdirect mouiry mto the predecmonal process of the agency.
i Attomey work product pnvilege (Documents prepared by an attorney in contemplation of htigation )
Attorney-chent pnvilege ICunfedential communicatens between an attorney and his her chent.1 u
- 6. The withheld information is enempted from public disclosure because its disclosure would result m a clearly unwarranted mvasion of personal pnvecy. (EXEMPTION 6) b 7, The withheld information consists of records compiled for law enforcement purposes and is be ng withheld for the reason (s) indicated. (EXEMPTION 7) e Disclosure could reasonably be espected to mterfere with an enforcement proceeding because it could reveal the scope, direction. and focus of en.
forcement of torts. anc' thus could possibly allow them to take action to shield potential wrongdomg of a violation of NRC requirements f rom mvestigators
, EXEMPTION 7 (AH Disclosure would constitute an unwarranted invasion of personal pnvecy (EXEMPTION 7(C))-
The mformation consists of names of mdividuals and other information the disclosure of which could reasonably be enoected to reveal edentities of confidential sources (EXEMPTION 7 (DH OTHER PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b) and or 9 25 del of the U.S Nuclear Regulatory Commassen regulations. it has been determined that the mformaten withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest The persons responsible for the denial are those officials identified '
. below as denying officials and the Director. Division of Freedom of information and Pubhcat:ons Services. Ortice of Administration and Resources Management, for any denials that may be appepted to the Executive Director for Operations tEDOI DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED _
APPELLATE OFFICIAL SECRETARY 1
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l PART 11. D-APPEAL RIGHTS The deniet by each denying officialidentified in Part il C may be appealed to the Appellate Otfecialidentifeed in that section. Any such appeal must be in writing er:j must be made within 30 days of receipt of this response. App ils must be addressed as appropnate to the Executive Director for Operationge sdthe Secretary of the C r
U.S. Nuclear Regulatory Commission. Washington, DC 20655 and should clearfy state on the envelope and in the let t that it is_pn I from an inet Acision."
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NIC FOHM 464 (Part 2)
U.S. NUC EAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION
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DATE DESCRIPTION & EXEMPT 10N' L
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