ML20006B458
| ML20006B458 | |
| Person / Time | |
|---|---|
| Issue date: | 01/30/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Williams O JRA ASSOCIATES |
| Shared Package | |
| ML20006B459 | List: |
| References | |
| FOIA-89-482 NUDOCS 9002020241 | |
| Download: ML20006B458 (5) | |
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UCLEAR REOULATORY COMMISS60N wac e o a at out 61 wuutit ass.
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RESPONSE TO FREED M F
' a ^t INFORMATION ACT (FOIA) REQUEST 6' '
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gAN 3 01990 00ctli NVMhthl6.fif apptaanpJ 46 out &t L 8:
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PART 1.- AGENCY RECORDS RELEA$tD OR NOT LOCATED (See checked bones) 1 No agency records outvect to the request have toen IMeted j
No addetenet agency records subppet to the request have toen located.
Roovested records are eveilable through another pubhc distritvton program See Comments Secton.
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Agency records out9ect to the request that are mentified on Append atest are aire edy eveliet>ie for public enspection and copying m the NRC Pubhc Document Room Pt 20 L Strut. N W. Washmpt'an. DC 20566 m
Agency records subset to the reovest that are identifred on Aptend'sresi N
ere t**0 made evealebte for pubhc ensgecteon and copyinD 8n the X
NRC Pubhc Document Room. 71to L $ttwt. N W.. Wnhengton. DC. in a fo6dee under this FoiA numter and reavester nome The nonpropretary versen of the pioposettel thet you egreed to accept m o telephone conversation with a member of my staff as now tong made oveitetdo for publ#c inspection and copying et the NRC Putdec Document Room 7120 L Street. N W.. Washengton, DC. m o foldee undes thes F01A number and reauester name.
Agency records subsect to the request that are identifed on Appendialent fney to 6nspected and copied at the NRC Loter Pubhc Docurrent Room edentified in the Comments Sorten.
Enc 60 sed is enformation on how you may obtain eccess to and the charges for copymg 'eco'on pieced m the NRC Pubhc Document Room. F170 L Street, N W.,
3 Washegton. DC.
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Agency records sutvect to the verguest are enclosed.N R.c.ds out,.c,o - re..es,, eve,e.n re,oreso,o.
,he,,ed.re, eg
.,ses, for re. ew.- direc, resp.nse,o you f
You will to tulled by the NRC for fHe teteling 0 t
in view of NRC's enponse to thes request, no further ecien is temg taken on appesi letter dated
- No.
PART 11. A-INFORMATION wtTHHELD FROM PUBLIC DISCLOSURE Certem information m the reavested records is tving withheid trom pubhc c.sclosure pursuant to tte esemptions described in ene for the reesons stated m Port a.
sections B C. and D Any relened portions n.f t% documents fo+ whech only part of the record is t emg withhold are teeng made eveilable for Nblic inspection and copying en the NRC Pubhc Document Room,7120 L Street. N W., Washington, DC.in a folder under this FOIA number and requesten nome
' COMMENTS g e
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I 9002020241 900130 PDR F01A
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WILLIAN09-482 PDR
$#G iURE, DIRECT. Olvis
'OF,FRE DOM OF INFORMATION AND PUBUCATIONS Sf RVICES I
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FREEDOM OF INFORMATION ACT RESPONSE FOiA NuustmSi FOIA y At, Daft!JAN 3 0 E PART m $~ APPOCABLE EXEMPDO8v6
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Records subject t) the neouest that ar) described en the enclosed Appendistsi h, CFR 9.17(e) of NR
__are being withheld in their Cnter;ty or in part under the hemptions and for the reasons set forth below pursuant to 6 U.S C. $62(b) and it t. The withheld enformation is property classited pursuant to Isecutive Order itxtMPTION tl I
- 2. Th. wnhheid info,maien,eistes soiety io the.n emai pe,sonn.i rvies.no procedures of NRC. fixtMPTiON 2i
- 2. The wahheid ofor,naten is specificsii, e.empied iroen pubiec d,sciosure by statute indicated it xiurT ON si Seciens 141 146 of the Atomic Enerov Act *Neh p'ohib'ts the d'acnosure of Restucted Date or Formony Restncted Data 142 U $ C. 216121661 1
i secten 147 of the Atom.c Energy Act wNch proNbets the disclosure of unclassified safegvards information f42 U S C. 2167L
- 4. The withheld enformaten is a trade secret or commercial or fmancel enformaten that is being withheld for the reason (s) edicated ((KEMPTION 41 The mformation 66 considered to be confident.at busmess fproprietary) enformation The information is considered to te propretary information pursuant to 10 CFR 2.790idHil i
i The mformeten was submstted end received in confidence pursuant to 10 CFR 2 790tdH2O
- l. The withheld mformateon cordets of mterogency or mtraegency records that are not avadable through discovery dormg Istigsten$txtMPfl0N 61 Applicable Privilege-Deliberative Process Disc 6csure of predecisional mformation would tend to mhet,rt the open and frank enchange of edeas essential to the deliberettve process.
Where records are withheld m thett entirety, the f acts are mestricably mtertwmed with the predecisenal mformatson There sloo are no teasonably segregable factuel portions tecause the release of the f acts wou6d permit en mdirect mouery ento the predecisional process of the agency, Attorney wors product privilege (Documents prepared by an attorney m contemplateon of litigation 1 Attorney - client privilege (Confident >at communications teetween an ettorney and his he# client i
- 6. The withheld enformation is enempted from pubhc d sclosure tocause its disclosure woulC result m a clearly unwarranted invenion of personal pervacy ((xtMPTION 61
- 7. The withheld mformation consists of records compiled for law enforcement purposes and is bemg withheld for the reasontsi 6ndicated f(X(MPTION 7)
Disclosu'e could reasonably te espected to mterfere with an enfoecement proceedeng ticcause et could reveal the scope. duetten, and focus of on-forcement efforts and thus could possibt, allow them to take atten to threid potent'al wrongdoing or a violaten of NRC requuements from evestegators IktMPTION 7 IAtt Disclosure would const:tute en unwarranted etwasion of personal pnvecy iEX(MPfiON 7tCH The information consists of names of moividuals and other mformaten the desciosure of *Nch could reasonab., be enoected to revealidentities of confidential sou ces 1( AIMPTION 7 IDil r
01HLA PART N. C-Df NYING OFFICIALS Pursuant to 10 Cf R 9 25(b1 and or 9 26 (c) of the U S Nuclear Regulatory Commission regutetens. n has teen determined that the informateon withheid is esempt from production or disclosure. and that its production or disclosure is contrary to the public mterest The persons responsible for the denial are those ofiicials #dentifed be:ow as denymg officials and the Director. Divinson of Freedom of informaten and Publications Services Office of Adm.nistration and Resources Management. for any doncis that may te appepied to the (secutive Duector for Opeistions IEDOI DENYING OFFICIAL TITLEiOFFICE RICORDS DENIED APP (LLA1( OFFICIAL 1
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PART H. D-APPEAL RIGHTS The denial by each denying officialidentifed in Part il C may be appealed to the Appettate Official identifed in that section. Any such appeal must be in writmg and must be made witNn 30 days of receipt of thes response Appeals must be addressed as appropriate to the Esecutive Director for Operatens or to the Secretary of the Commissson.
U.S. Nuclear 3egulatory Commissen. WesNngton. DC 20666, and should clearly state on the envelope and in the letter that it is an " Appeal from en tnitiet FOIA Decision.'
NRC CRM 464 (Port U U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION
Ret FOIA-89-442 APPENDIX E DOCUMENTS BEING PLACED IN THE PDR NUMBER DATE DESCRIPTION 1.
8/17/87 Handwritten comments from Dick Ireland to Ray Wharton, (1 pg.).
l 2.
9/16/87 Memorandum for Jack W. Roe from James G.
Partlow, subject:
" Comments on Draft Inspection Guidance on Commercial Grade Procurement," with attachment:
Detailed Comments on Draft Inspection Guidance on Commercial Grade Procurement, (4 pgs.),
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I Ret FOIA-89-442 i
APPENDII F DOCUMENTS BEING RELEASED IN PART NUMBER DATE DESCRIPTION 1.
2/10/89 Memo for Victor Stello from Samuel Chilk, subject:
SECY-89 Advance Notice of Proposed Rulemaking,
" Acceptance of Products Purcnased for Use in Nuclear Power Plant Structures, Systems and Components," (1 pg.)
RELEASE - with attachment Draft Modifications to Proposed Rulemaking, (2 pgs.) - WITHHOLD - EXEMPTION 5.
2, 2/23/89 Memo for Samuel Chilk from David Meyer, subject:
" Federal Register Notice," (1 pg.) - RELEASE - with attachment:
Draft i
Federal Register Notice, (22 pgs.) -
)
WITHHOLD - EXEMPTION 5.
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2
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i Ret FOIA-89-482 APPENDII O DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION i
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1.
Undated Draft SECY Paper - Advance Notice of Proposed Rulemaking, " Acceptance of Products Purchased for Use in Nuclear Power Plant Structures, Systems, and Components," (24 pgs.) - EXEMPTION 5.
2.
1/30/89 Commissioner James Curtis' Vote Sheet, I
(1 pg. ) - EXEMPTION 5.
3.
2/2/89 Commissioner James Curtis' Vote Sheet, (1 pg.) - EXEMPTION 5.
4.
2/2/89 Routing Slip to SECY-89-10 with Staff Comments, (1 pg.) - EXEMPTION 5.
j 5.
2/3/89 Chairman Lando Zech's Vote Sheet on SECY-89-10, (5 pgs.) - EXEMPTION 5.
6.
2/3/89 Commissioner Kenneth Carr's Vote Sheet, (1 pg. ) - EXEMPTION 5.
7.
2/6/89 Commissioner Thomas Roberts' Vote Sheet, (1 pg.) - EXEMPTION 5.
8.
3/6/89 RES Recommendations for Advance Notice of Proposed Rulemaking, (3 pgs.)
EXEMPTION 5.
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j Jmini Axvwiu R:gulatory infermiti:n & Supp:rt Systems 1407 M:rc3 Drive
- tQ' Mitchellville, MD 20716 301/249 9672 j
i November 6, 1989 0GW-89-195 i
Ms. Linda Robinson, Chief i
FOIA/LPDR Branch Division of Freedom of Information and Publications Services FREE 00M OF INFOR j
I Office of Administration ACT REQUEST 4
U.S. Nuclear Regulatory Comission
[gfA -d-YE2 j i
Washington, DC 20555
SUBJECT:
RESUBMISSION OF FOIA REQUEST (REFERENCE F01A # 89-448) %/g //-%7 1
Dear Ms. Robinson:
j Pursuant to the Freedom of Information Act (5 USC i 552) and to the Nuclear Regulatory Commission's (NRC) policies and regulations (10 CFR Part 9, Subpart A),
I request a copy of all NRC Staff and Commission policy and guidance documents related to procurement and commercial grade dedication in nuclear power plants.
)
In this regard, procurement should be defined to be consistent with, and as envisioned in, the following:
- 1. the Commission's description of the " procurement process" in its Advance Notice of Proposed Rulemaking, " Acceptance of Products Purchased for Use in Nuclear Power Plant Structures, Systems and Components," 54 FRN 9229, March 6, 1989;
- 2. Regulatory) Guide 1.33, " Quality Assurance Program Requirements (Operation," and 10 CFR Part 21, as they apply to the activity associated with prooucing " procurement documents" for commercial grade items;
- 3. Generic Letter 89-02, " Actions to improve the Detection of Counterfeit and Fraudulently Marketed Products," which " conditionally" endorses EPRI NP-5652, " Guideline for the Utilization of Commercial Grade Items in Nuclear Safety-Related Applications (NClG-07)," as it applies to commercial grade items; procurement in this regard means the purchase of commercial grade items consistent with NClG-07;
- 4. NRC inspection procedures as documented in NRC-Inspection Manual Chapters 38701, 38702, and 38703; and
- 5. ANSI /ANS-3.2-1988, Section 5.2.13, " Procurement and Materials Control; " procurement in this regard means the activities associated with the purchase of commercially "off the shelf" items (i.e.,
commercial grade items).
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i 2-November 6,1989 nson ocuments in this context are intended to include such things as Commission papers, Temporary Instructions, draf t Regulatory Guides, Enforcement Guidance memoranda, internal Staff or Comission memoranda, inspection procedures and guidance, proposed rulemaking, and draf t or proposed generic comunications.
{
! would appreciate your prompt response within ten working days of the receipt of this request, as provided by 10 CFR Part 9 and the NRC's policies.
If you have any questions regarding this request, please feel free to contact me at 301/249 9672.
4 Thank you.
sincerely yours, j
'$ luke (b
amu kiaG.fdilliams Op o
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ACTION - Marley, NRR g.*q'eg.
UNITED STATES p
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NUC(EA% HEGULATORY C ggigRC Cys: Stello
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- 1 WASHiNotoN egge ry Pl? cat'Ms BP Taylor Thompson Blaha MClausen NRR rebruary 10*891972313 Ap
- 19 OFFICE oF THE DBrinkman, NRR "C""^"Y BShelton, IRM DNeyer, ADM j
RScroggins, CON MEMORANDUM FOR:
Victor Stello, Jr., Executive Director y,g for operations p ; L.- 4 5
FROM:
[/
a el J. Chilk, Secretary t-SUMECT:
SECY-89-010 - ADVANCE NOTICE OF PROPOSED RULEMAKING, " ACCEPTANCE OF PRODUCTS PURCHASED FOR USE IN NUCLEAR POWER PLANT STRUCTURES, SYSTEMS AND COMPONENTS"
.l 1
This is to advise you that the Commission (with all Commissioners j
agreeing) has approved the publication of the Advanced Notice of Proposed Rulemaking subject to the attached modifications.
(EDOSuspense:
2/24/89)
Attachments As Stated
]
Copiest Chairman Zech Commissioner Roberts Commissioner Carr Commissioner Rogers Commissioner Curtiss OGC GPA ACRS i
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f Re(d Off. EDQ informelion. ilu.s reced wt.: deleted
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DeM q
ir. :=&. cn w;th the fredem 3 Ir.hrnellan amo e
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