ML20006A450
| ML20006A450 | |
| Person / Time | |
|---|---|
| Issue date: | 01/25/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Felton J NUCLEAR LICENSING REPORTS |
| References | |
| FOIA-89-534 NUDOCS 9001260277 | |
| Download: ML20006A450 (3) | |
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INFORMATION ACT (FOIA) REQUEST VAN 2 5 m e
DOCktt Widetfi$lof appasseel s
t stoutirffE PARY 1.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked bones)
No agency records subsect to the request have been located.
No add #ponal egency records subset to the request have toen located.
Requested records are evadiable through enother pubhc distribution program. See Comments Section.
Agency records subject to the request that are scentified un Appendentest are already oveilable for pubhc mspection and copymg m the NRC Pubhc Document Room 2120 L Street N W., Washmpton, DC 20066 Agency records su5*ct to the reoutst that are identifed on Apsendialeal are being made available for public inspection and copymg m the NRC PutAc Document Room. 2120 L Street, N W., Washmpton, DC, m o folder under this FOIA number end requester nome The nonproprietary version of the proposettsi that you egreed to accept m o telephone conversation wrth a member of my staff is now bemg made eveilable for pubhc mopection and copyon0 et the NRC Public Document Room 2120 L Street, N W., Washington. DC, in a folder undes this FOIA number and reauester name-Agency records subject to the request that are edentified on Appendiatesl. -
may be mapocted and top +ed at the NRC Local Public Document Room identified in the Cornments Section.
Inclosed e enformation on how you may obtem access to end the charges for copying records placed m the NRC Pubhc Docurr'ent Room. 2120 L Street, N W..
Weehenston, DC.
Agency records subpct to the recuent see enclosed.
Recorde subject to the request have toen referred to another Fedevel egencytiest for review and threct response to you.
You well t4 billed by the NRC for fees totehng 4 in www of NRC's response to this request, no further acten a temg taken on appeal letter dated No.
PART I. A-INFORMATION WITHHELO FROM PU$lic DISCLOSURE Certain information m the reovested records is bems withheid from pubhc disclosure pursuant to the enemptions described m nr.d for the reasons stated m Part if sectens 8. C. and D. Any released portions of the documents for whech only part of the record is bem0 withheid are being made eveilable for pubhc rapection and copying m the NRC Pubhc Document Room,2120 L Street, N W., Washington, DC.m o fo60er under this FOIA number and icovester name
'CDMME NT S P
FELTON89-534 PDR
,A S
RE, DIRECTOR, Div i N OF F R OP INFO MATION AND PUBUCATIONS SERVICES 24 1
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FOIA -IN oAfr/JAN 2 31990 memou or oM4ATM ACT RESPONSE FoiA Nuust nn PART 5.0- APfuCASLE Ep ipPTIOest f
i Accords subject O the reguest that are described on the enclosed Appendiates)s are being withheld in their entirety or in part under the (eemptions and for the reasons agt forth below pursuant to 5 U.S C. bb2(b) and 10 CFR 9.17tal of sWRC Regulations..
1 Yte withheld informaten 6s properly classified pursuant to taecutive Order (ExlMPTION 11
- 2. Tte withtold informaten reistes solely to the intomat personnel rules and procedures of NRC. fixtMPTION 2)
- 3. The wethheld informaten es specifical'y enempted from publes disclosure by statute mdcated t(KEMPTION 31 Sections 141 146 of the Atomic (norgy Act whech prohstnts the disclosure of Restricted Date or Formt.rty Restricteel Data (42 U.S C. 21612166).
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Section 147 of the Atomic Energy Act which proNbets the disclosce of Unclassef*J $afeguards information (42 U.S.C 2167)
- 4. The withheld information is a trade secret or commercial or fenancial information that es being withheld for the reason (s) indicated (EXEMPTION 41 The informaton is considered to be confident'al business (proprietaryi mformation.
The information is considered to be proprietary mformation pursuant to 10 CFR 2.790(dH1).
The information wer submitted one sweaved in confidence pursuant to 10 CFR 2.790 ldh 21 L
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- 6. The withheld mformation corSists of interegency or intrangency records that are not eveelable through discovery during longation itx(MPTION 61. Applicable Pnvilege:
Dehborative Process: D.sclosure of predecisional mformation would tend to enhibit the open and frank enchange of ideos essential to the dehberative process.
Where records are mthheld in their enttrety, the f acts are enestricabfy intertwined with the predecisenalinformation. There also are no reasonably segre0able f actual porteoria because the release of the f acts would permet an edirect inquiry mto the predecisional process of the egency.
Attorney wortproduct privilege. IDocuments prepared by an attorney en cornemplation of htigation i Attorney -chent privilege 4 Confidential communications between en attorney and his'her client )
6, The withhold mformat#on is esempted from public disclosure because its disclosure would resutt in e clearty unwarranted invesson of personal pnvecy. (EXEMPTION 61
- 7. The withheld information consists of records compiled for law enforcement purposes and 6s being withheld for the reason (s) indicated, itxtMPTION 7).
Disclosure could reasonably be espected to eniertere with an enforcement proceedmo because it could reveat the scope. direction, and focus of on-forcement off orts, and thus could possibly allow them to take acten to sheeld potential wrongdoing oe a violation of NRC requirements from invesugators t XtMPTION 7 IAH Disclosure would constrtute en unwarranted 6nvasion of personal pervacy (Ex(MPTION 71CH The information consists of hames of mdividuals and other mformaten the disclosure of which could reasonably be espected to revealidentities of confidential sources ItxtMP110N 7 #01)
OTHER PART N. C-DENYING OFFICIALS Pursuant to 10 CFR 9 26tbl and/or 9 26 tel of the U $ Nuclear Regulatory Commission regulatens. et has been determined that the enformation wethheld is exempt from producten or disclosure. and that ett production or disclosure is contrary to the public mtevest The persons responsible for the denial are those officials edentified belo a es den eng officials and the Duector. Division of Freedom of information and Pubhcations Services. Office of Admin straten anc Resouraes Management. for any v
denials that may be appepled to the Esecutive Director for Operations itDOI.
DENYING OFFICIAL JITLEIORICE _
RECORD $ DENIED APPELLATE OFFICIAL k0 (Mm.
D$ b, '
PART L D-APPEAL RIGHTS The denial by each denying official identifed in Pan 11 C may be appealed to the Appellate Officialidentified in that section. Any such appeal must be in writmg and must be made within 30 days of receipt of this response. Appeals must be odoressed as oppropriate to the E mecutive Director for Operatens or to the Secretary of the Commission.
U S. Nuclear Regulatory Commassen. WesNngton, DC 20666 end should clearty state on the envelope and in the letter that it is en " Appeal from en initial FOIA Decison."
CRC FOftM 464 (Port 2)
U.S. NUCLEAR REGULATORY COMMISSION i FOlA RESPONSE CONTINUATION
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4 Re FOIA-89-534
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APPENDIX A DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION i
1.
8/7/89 SECY-89-241, entitled:
" Performance Evaluation Factors For Byproduct Material Licensees."
(10 pages)
Exemption 5 i
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