ML20006A457
| ML20006A457 | |
| Person / Time | |
|---|---|
| Issue date: | 01/24/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Felton J NUCLEAR LICENSING REPORTS |
| Shared Package | |
| ML20006A458 | List: |
| References | |
| FOIA-89-546 NUDOCS 9001260284 | |
| Download: ML20006A457 (6) | |
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FOIA 546 7
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RESFO E TO FREEDOM OF D'a^t
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INFORMATION ACT (FOIA) REQUEST.
JAN 24 - 1990
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euee 90Citti NVMSCRtSi frf appAssaases REOutb1LR -
!c Joseph M; Felton PART l.- AGENCY RECORDS RELE ASED OR NOT LOCATED ISee checAed boxes) i No egency recorde oubfect to the terwest have been located.
No addetsonef agency records subject to the request have been located.
Requested records are avoitable through another pubhc distnbuten program See Comments Section.
E Agency records subpect to the request that are identified on Appendialesi are already available for pubhc inspection and copymg m the NRC Pubhc Document Room 2120 L Street. N W., WesNngton. DC 20%5 b
Agency records subect to the request that are identified on Appendiales) are bemg made available for public inspection and copying in the X.
NRC PubY Document Room. 2120 L Street. N.W., Washington. DC, m a folder under this FOIA number and requester name.
The nonproprietary version of the pro ital that yoe agrewd to accept in a telephone conversation with a member of r.y staff is now bemg made available for pubhc inspection and copying at the NRC Pubhc Document Roore 2120 L Street, N.W., Washmgton, DC, in a folder undse this FOIA number and roovester name.
Agency records su'.pect to the request that em identified on Appendialest may be inspected and cop 6ed at the NRC Local Pubhc Document Room edentified in the Comments Secten.
Enclosed to Mformation on how ycv may obtam access to and the charges for copymg records placed m the NRC Pubhc Document Room. 2120 L Street. N W,
Washmeton. DC.
.X Agency records subeert to the request are enclosed.
- App. A documents ad the releasable portions of App. B documen :
r Records subtect to the request have been referred to another Federal agencyfies) for revew and direct response to you i
You will be billed by the NRC for fees totshng 8 in view of NRC's response to this request, no fur 1her f t on is bemg taken on appeal letter dated No.
PART 5. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam information it' the requested records is bemg withheld from pubhc disclosure pursuant to the exemptions described m and for the reasons stated m Part a.
sections B, C, and D. Any released portions of the documents for which only part of the record is bemg withheld are bemg made available for putliC inspect 6on and K
copymg in the N8tC Pubhc Document Ruum, 2120 L Street, N W., Washington. DC.in a folder under this FOlA number and requester name.
COMMENTS '
o 9001260284 900124 kTC P DP.
FOIA D
fen. TON 89-046 PDR D ATURE, DIRECTO DIVISION OF FRELDOM OF INFORMATION AND PUBLICATIONS SERVICES NY
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NRC FORM d Ad if we t
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w b E l FNEEDOM OF JNFORMATION ACT RESPONSE
- FoiAwuMaRisi FEIA 546 DATEVAN 2 4 1999 PART R.8-APPUCABIA EXEMPTIONS P
Records subject 1) the request that are described on ttc cnclosed Appendixts)..B&Care being withheld in th ir Cntarity or in part under the (b
' Esernptions and for the reasons set forth below pursuant to 5 U.s.C. 552(b) and io CFR 9.17(e) of NRC Regulations,.
1[ The withhold information 6s property classifed pursuant to EssNtive Order (EXEMPTION 1) 2l The withheld Information relates solely to the intertial personnel rules and peccedures of NRC (EXEMPTION 2)
- 3. The withheld information is specifically exempted from public disclosure by statute indicated- (Er'IMPTION 3) i Sections 141 145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerly Restrated Data (42 U.S C. 21612165L Sectson 147 of the Atomic Energy Act which prohibres the disclosure of Unclassified Safeguards information (42 U $ C, 2167L s
- 4. The withheld information is a trade secret or commercial or financial mformation that is bemg withheld for the reasonis) indicated. (EXEMPitON 4)
The informaten is considered to be confidential business furopnetaryt informanon.
The information 6s considered to be propnetary information pursuant to 10 CFR 2.790(dl(1L The informetion was submitted and received in confidence pursuant to 10 CFR 2.790(dH2O X
- 6. The withheid enformation consists of mteragency or mtraegency records that are not available through discovery dunne litigation IExEMP110N 6L Applicable Pnydege:
Delberative Process: Disclosure of predecisional mformation would tend to entwbit the open and frank enchange of ideas essential to the delblive process.
i Where records are withheld an their entirety, the f acts are inentncably mtertweed with the predeCisenal mformaten. There also are no reasonably segregable factuel X
portens because the release of the facts would permit en indirect inquiry into the predecisional process of the agency.
~~~ 4 Attorney wc+ product pnvilege tDocuments prepared by en attorney m contemp.ation of litigsten i Attorney -client privilege. (Confidential communications between an attorney and his he* client )
- 6. The with ised mformaten is exempied from public disclosure because its disclosure would resutt in a clearty unwarranted mvasion of personal pnvecy. (EXEMPTION 61
- 7. The withheld information conssets of records compiled for law enforcement purposes and is bemg witttheid for the reason (s) indicated. tEXEMPTf0N 71 Disclosure could reasonably be espected to eterfere with an enforcement proceeding because it could reveat the scope. daection. and focus of en-Iorcement ettorts. and thus could possibly allow them to take action to shield potential wrongdoing or e violation of NRC requirements from mvestigstors E XEMPTION 7 (AD Disclosure would constitute en unwarranted invaseon of personal pnvecy (EXEMPTION 7(Cli r
The mformation consists of names of edividuais and other information the disclosure of which could reasonably be enoected to revealidentities of confidential sources (EXEMPTION 7 IDH OTHER PART 11. C-DENYING OFFICIALS t to 10 CFR 9 25tbl and/or 9 25 (c) of the U S Nuclear Regulatory Commission regulations. it has been determined that the mformation withheld is enempt i.k*ction or disclosure, and that its production.or disclosure is contrary to the public interest The persons responsible for the denial are those officials identified t'
es denymg officials and the Director. Division of Freedom of information and Publications Services. Office of Administration and Resources Management. for any defloals that may be appepted to the EneCutive Director for Operations (EDOi.
DENYING OFFICIAL TITLElOFFICE RECORDS DENIED APPELLATE OFFl."lAL SECRE T AHY EDO James: Lieberman Director Office of Enforcement B/1 - B/3s C/14 X
s Deputy General Counsel for Hearir 9s Joseph Scinto andEnfopenent C/1,C/6 Y
i Assistant eecretary of the John C. Hoyle Commission C/2-C/5, C/7-C/13 X
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PART 11. D-APPEAL lilGHTS
- The denial by each denying officialidentified in P. art II.C may be erxeled to tne Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeata must be addressed us as.propr. ate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should c early state on the envelope and in the letter that it is en " Appeal from an initial FOIA Decision."
r NRC FIRM dad (Part 2)
U.S. NUCLEAR REGULATORY COMMISSION l
. 11 88)-
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FOIA RESPONSE CONTINUATION r
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Re:
FOIA-89-546 l
APPENDIX A DOCUMENTS BEING PIACED IN THE PDR NUMBER DATE DESCRIPTION 1.
9/27/89 Memorandum from D. Meyer to B. Shelton, subject:
Request For Comment and Concurrence.
- ^
on Proposed Rule Entitled " Holding Unlicensed Persons Accountable For Willful Misconduct."-
(1 page)
?
12.
10/2/89 Memorandum from D. Meyer to G. Cant, subject:
Holding Unlicensed Persons Accountable For-Willful Misconduct.
(1 page) 3.
12/8/89 Memorandum from J.-Lieberman to J.
- Blaha, subject:
Quarterly Update of the Regulatory Agenda.
(1 page) 4.
10/10/89 Memo from B. J..Shelton to D. Meyer, subject:
Request.For Comment / Concurrence on the Proposed Rule, 10 CFR Parts 30, 40, 50, 60, 70, 72 and 150, " Holding Unlicensed Persons Accountable for Willful Misconduct."
(1 page) e 4
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Re:
FOIA-89-546 APPENDIX B DOCUMENTS BEING' RELEASED IN PART
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NUMBER DATE DESCRIPTION 1.
9/22/89 Memo from~J.'Lieberman-to various: addressees, subject:
Review of-Proposed Rule Holding
-t Unlicensed-Persons' Accountable For Willful l
Misconduct, -(1 page), released, with attached annotated draft proposed rule..(36 pages)
Attachment withheld pursuant to Exemption 5.
j 2.-
10/5/89 Memo from William Russell to James Lieberman, subject:
Comments on'the Proposed Rule Holding unlicensed-Persons Accountable for.
Willful' Misconduct, (2 pages), with attached annotated draft proposed rule. (37 pages)
The attachment and portions of the cover memo are being withheld pursuant to Exemption 5.
3.
12/11/89 Memo from P. Norry to J.
Lieberman, subject:
Holding Unlicensed Persons Accountable For e
Willful Misconduct, released, with attachments:
- 1) 11/23/89' memo from J.
Lieberman to addressees, subject:
Concurrence on-Proposed Rule Holding Unlicensed Persons Accountable For Willful Misconduct and Commission' Paper, (1 page),
released, and-2)
Draft' Commission paper'
- i entitled, " Proposed Rule Holding Unlicensed
-Persons Accountable For Willful Misconduct,"
enclosing annotated draft : proposed rule, (38
-pages), withheld pursuant'to Exemption 5.
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-Re:
POIA-89-546 APPENDIX C DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION
.1.
5/4/89 Note from Jack Goldberg to Bill Parler, subject:
Commission Paper on-Wrongdoers,
~
attaching draft Commission paper, subject:
Identifying and Informing others.of Wrongdoers and Initiating Rulemaking to a
Permit the Issuance =of orders to Non-Licensees.
(42 pages)
Exemption 5 2.
5/22/89 Chairman Lando Zech's vote sheet on SECY 151, entitled:
" Identifying and Informing others of Wrongdoers and Initiating Rulemaking To Permit The' Issuance of Orders To Non-Licensees."
-(2 pages)- Exemption 5 3.
5/25/89 Myron Karman's memo to Commission Kenneth
= Rogers, subject:
(2 pages)-
t Exemption 5 4.
6/1/89 Commissioner Thomas Roberts' memorandum to Samuel Chilk, William Parler, and Victor Stello, subject:
SECY-89-151--Request For 4
Additional Information Before Voting.
(2
't pages)
Exemption 5
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5.
6/1/89 Memorandum to S.
Chilk and W.
Parler from Commissioner James Curtiss, subject:
Legal opinion on SECY-89-151.-
(2 pages) Exemption j
5.
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6.
6/5/89 Memo-from W.
Parler to the Commission, subject:
Legal Opinion on SECY-89-151.
(4 i
L pages)
Exemption 5.
7..
6/9/89 Commissioner Kenneth Rogers' vote sheet on L
(1 page). Exemption 5 l
8.
6/19/89 Steve Burns' comments on the routing slip for L
(1 page)
Exemption 5 g
9.
6/21/89 Commissioner Kenneth Carr's vote sheet on SECY-89-151.
(1 page)
Exemption 5 10.
~6/21/89 Commissioner Thomas Roberts' vote sheet on SECY-89-151.
(2 pages)
Exemption 5 L
11.
6/22/89 Commissioner Cames Curtiss' vote sheet on SECY-89-151.
(2 pages)
Exemption 5 i
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Re:
FOIA-89-546 APPENDIX C DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY (Continued)
NUMBER DATE DESCRIPTION o,
l'2. -
6/27/89'
. Commissioner Kenneth Carr's comments on the draft SRM on.SECY-89-151.
(3 pages).
Exemption'.5
-13.
6/29/89 Memo from S. Chilk to V. Stello, subject:
(2 pages) Exemption 5 14..
10/4/89-Memo from John Montgomery to J.Lieberman, subject:. Comments On Draft Rule On Willful.
-J Misconduct, attaching 10/3/89 memo from W.
Brown to Gary Saaborn, subject:
Review of Proposed Rule Holding Unlicensed-Persons
-Accountable For Willful Misconduct.
(3 pages)
Exemption 5 I
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