ML20011D898
| ML20011D898 | |
| Person / Time | |
|---|---|
| Issue date: | 12/20/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Belair R KIRKPATRICK & LOCKHART |
| Shared Package | |
| ML20011D899 | List: |
| References | |
| FOIA-89-417 NUDOCS 9001020276 | |
| Download: ML20011D898 (5) | |
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C.S NUCLEAR REGULATORY C004MISS40N wo oia as out si nuww mse
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(nee DEC 2 01989 INFORMATION ACT (FOIA) REQUEST e
tCCAE t NuMet N$) fit appisetet W ' '
' PART 4.- AGENCY RECORDS RELEASED OR NOT LOCATED ISee checAed bones)
No agency rec.ords subpct to the toevoet have toen located.
No addetional openey records subpct to the roovest have been located.
Requested records are available through another public distribution prog'am. See Comments Section.
Agency records subpet to the reevest ths' ere sdentifed on Appendistest e o streedy eveilthie for pubhc mapection and copying in the NRC Pubhc Document Room 2120 L Street. N W., Westungton. DC 20656 Agency records subpet to the request tho' are adentified on Append'atest are temp made available for pubhc inspection and copymg in the
)( NRC rubhc Docum.nt Room. 2i20 L Sireei. N w.. wesh.ngton. DC. n a foide, undo, ines rOir numre,.nd,eoveste, nam..
e The nonproprotary version of the proposat(si that you agreed to eccept in a telephone conversetson with a member of my staff as now beeng made everlable for pubhc inspectson and copying et the NRC Pubhc Document Room 2120 L Street. N W., Washington. DC. in a foldet undes this FOIA numter and requester tsome.
i Egency records subect to the request that are identifed on Appendiales) may tie inspected and copeed et the NRC Local Pubhc Document Room identifed in the Comments Section.
Inclosed is mformat6on on how you may obtain access to end the charges for copying secords placed m the NRC Pubhc Document Room. 2120 L Street. N W.,
Washington. DC.
Agency tacords subsect to the request see enclosed.
pg Records subpct to tte request have teen referred to anothof federal opencyles) for review and direct sosponse to you.
You will to biiled by the edRC for fees totahng $
In view of NRC's response to this request, no further action is bemg taken on appealletter dated
, No PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cortem information m the roovested <ecords is being withhe6d from pubiec disciosure puravant to the enempisons described in and for the seasons staied m Part 11 sections B. C. and D. Any released portions of the documents for which only part of the secord is being wethheld are being made available for pubhc inspection and itopyng in the NRC Pubhc Document Room. 2120 L Street. N W., Washington. DC.m a folder under this FOI A number and reavester riame COMMENTS l"
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9001020276 891220 PDR FOIA BELAIRB9-417 PDR SIGN E. DIRECTOR. DIVtSION REEDOM OF INFORMATION AND PUBUCATIONS SLRVICES l
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PneEOOM OF INFORMATION ACT RESPONSE FOiA wuMeinisi i.
PART N.0- APPUCABLE E XEMPTIOlss Records subject to the'#equest that are described on the enclosed Appendetest h are teeing withheld in their entir;ty or in part under the teemptions and for the seasons set forth below pursuant to b U.S C. bb2(b) snd 10 Cf R 9.17te) of NRC Regulations..
- t. The withtend informeten 6e property etensited pursuant to taecuteve Order itxtMPTION 11
- 2. N withtend informaten relates so6ely to tte internet personrot ruiet end procedures of NRC. It xtMPTION 21
- 3. N wittdend 6nformaten a specificofiy enempted f,om public disclosure by statute indicated. (EKLMPT40N 31 k'
.,' 1 Sectens 141 146of the Atomic [ne8gy Act which prohibits the disclosure of Restucted Date of fcemersy Restricted Date,42 U $ C. 21612)$$)
Section 147 of the Atomic Energy Act which protubits the disclosure of Unctessebed $steguards Information 142 U $ C. 2167t
- 4. The withheld information is a trade secret or commescel or financial mformation that is bomp withheld for th3 reasonts) mdicated. It ALMPTION di The information 6s consideeed to te confeaential busmese (propnetaryl 6nformation.
The enformation is considered to be propnetary information pursuant to 10 CF R 2.790tdl(11.
The informaten was oubmitted and received in conhdence pursuant to 10 Cf R 2.790tdH2)
N 6. The enthheld mformation consists of interegency or entraegency records that see not sveitable thvough discovery donne litigsten (thtMPTION 61 Applicable Privilege-Delibevative Process-Disclosure of predecisionalinforenation would tend to mhibit the open and frank enchange of ideos essential to the deliberative process.
Where records are withheld m their entnety the f acts are onestuc. ably intertweed with the predecisional mfosmetion There also are no reasonably se,yegable f actual portions because the rolesse of the f acts would permit en induect mouiry into the predecisional peoress of the agency.
Attoenty work -product pnvilege (Documents prepared by an attomey in contempleton of litegation )
Attomey -cient pemiegt (Confedential cornmunerations t etween an ettorney and his her cl.ent t
- 6. The withheld mformation is enempted f#om public discloswe because its disclosure would eesoft m e cleerty unwaerented invasion of po'sonal pnvocy. IlXEMPTION 61
- 7. The withheld information consists of records compiled for law enforcement purposes and is bemg withheld for the reason (s) endicated (ExtMPTION 7)
Disclosuve couid seasonably to espected to inte,fe'e with an enfortement proceeding because it could seveel the scope, directen. end focus of on-f orc einent ef forts. and thus cou d possibly ation them to ta6 e action to shield potential wrong 1oing oe e weistion of NitC recupements f rom anvestigators.
e t XEMPTION 7 4All Ossclosure weu d constitu;o en unnertented invasion of personal priveey (ExtMPTION 7tCl) n The information consists of names of mdiveduals and othee mformaten the disclosure of which coald reasonabit be enoected to revealidentities of confidential sources it Kt MP110N 7 (DH OTHtk PART N. C-DENYING OFFICIAL $
Pursuant to 10 Cf R 9 25tbl ander 9 25 (cl of the U $ Nuclear Regulato#, Commission regulatons et has tieen determined that the enfoemateon withheld is esempt from production or disclosure. and that its production or d<sclosure is cont'ary to the public interest The peetons responsible for the den.al are those otheials identifed below as denymg officials and the Director. Desen of Fieedom of Informaten and Pubi<stions Services Othre of Admmistration and Resources Management, foe any
@uais that may be appe#ed to the t aecutive Daector foe Operatens itDOI MNYING OFFICIAL TITLt/Of fiCE RECORDS OtNit0 APPELLATE Of FICIAL d
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PART N. D-APPEAL RIGHTS The denial by each deny 6ng officialIdentified in Port 11 C may te appealed to the Appellate Official 6dentified in that secten. Any such appeal munit be in writmg and must to made withm 30 days of receipt of this response, Appeels must be addressed as appropnate to tte Executive Director for Operatens or to the Secretary of tre Commissen.
U.$. Nuclear Regulatory Commissen, Washington, DC 20665, and should clearty state on the envelope end in the 6etter that it is en "Appos frorti en initialiOIA Decimen."
e NRC FORM 464 (Port 2)
U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION i
4 Ret POIA-89-417 APPENDIX D RB.QQBDS._B11R9_FlAQ1D_INTO THE PDR UNDER THE ABOVE REOUEST NUMBER ERRER DATA DESCRIPTIOM 1.
9/1/89 Conversation Record between D. Lanza and R. Cilimberg re: PVN Response to 99901129/89-01 (1 page) 2.
9/25/89 Headquarters Daily Report, Of fice of Nuclear Reactor Regulation (1 page)
9 Ret FOIA-89-417 APPENDIX E RECORDS PARTIALLY WITHNELQ EMBER DATE DESCRIPTION & EXEMPTION 1.
Uncated Draft Petition to Compel Access to Facilities and Records (5 pages) EX.
5 Exhibit A 6/28/89 Letter to R.
Adelman from E. W.
Brach ret USNRC Inspection of Meredith Corporation (1 page) RELEASED as Doc. C/2 Exhibit B 6/29/89 Letter to L.
Chandler from K.
J.
Letsche re:
Confirmation of telephone conversations on June 28 and 29,1989 (5 pages) RELEASED as Doc. C/3 2.
Undated Draft Memorandum in Support of Petition of the United States to Compel Access to Facilities and Records of Respondent Meredith l
Corporation (16 pages) EX. 5 Declaration of E. William Brach dated 7/10/89 (5 pages) RELEASE Declaration of Ramon Ciliinberg dated 7/10/89 (4 pages) RELEASE
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g Ret FOIA-89-417 APPENDIX F p
RECORD 8 TOTALLY WITHHELD EUMBER DATE DESCRIPTION & BKEMPTION 1.
Undated Draft Motion for an Order to Show Cause (2 pages) EX. 5 l
2.-
Undated Draft Order to Show cause (3 pages)
EX. 5 4
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KIRKPATRICK & LOCKHART l.
SOUTH LOBBY. FDI Root, m,@M mm, 1930 M SITJIT, H.T.
mg%MA2A e TASHINGTON, D C. t00% 5091 PrrisMdon, KO to ANM mM o2u un msems a m a n m n m er a c asa (202) 778-9023 FREEDOM OF INFORMATIO L
September 27, 1989 ACT REQUEST F
farn %'7 libliD DELIVERED h t C bM f.l2. 7 - N Director, Office of Administration Nuclear Regulatory Commission Room P378 7920 Norfolk Avenue Bethesda, Maryland 20814 Ret Freedom of Information Act Recuest Gentlement On behalf of our client, Mr. William Lanza, we request, pursuant to the Freedom of Information Act, as amended, 5 U.S.C.
I 552 ("FOIA"), and the rules of the Nuclear Regulatory Commission ("NRC") issued thereunder, 10 C.F.R. Part 9, copies of all correspondence, memoranda, notes, reports, analyses, test reports, expert opinions, or any other recorded materials regardless of physical form or characteristic (" records") in the possession or control of the NRC relating excl_usively to the NRC's regulation of commercial or entrepreneurial activities of the following:
1.
Meredith Corporation, Pressure Vessel Nuclear Steel
("PVN"); and 2.
Mr. William Lanza, president of PVN.
In the event that access is denied to any of the agency records responsive to this request, please supply the following informations a.
Identify the record or withheld portion of the record and specify the statutory basis fer the denial, as well as your reason for believing that an exemption applies, as required by 10 C.F.R. 5 9.10(b).
b.
Segregate the nonexempt from the allegedly exempt 44ttz86tfo6(5.gy
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KlR'KPATRICK & LOCKHART Director, Office of Administration l
Nuclear Regulatory Commission Page 2 i
portion of any withheld records and release the former, as required by 10 C.F.R. I 9.5(b).
i c.
Supply a detailed statement of the content of the 3
i withheld record or portion thereof, along with the date on which L
that record or portion thereof was written; its section heading or title; and an identification of any persons or entities who have received copies of such records or portions thereof, as required by applicable case law. yanghn v. RQEAD, 484 F.2d 820, 826-827 (D.C. Cir. 1973).
d.
Separately state your reasons for not invoking your discretionary power to release the allegedly exempt records or portions thereof.
The uridersigned will pay charges for search time and copying fees, as provided by NRC regulations, 10 C.F.R.
i 9.14.
If search and copying fees to be incurred by the undersigned will exceed $1,000.00, please notify Rose Hlaing at (202) 778-9245 before this sum is exceeded.
Any questions or comments may also be directed to Ms. Hlaing.
We expect to receive your response to this FOIA request within ten (10) working days of your receipt of this request, as required by the FOIA, and as set forth at 10 C.F.R. S 9.9(a).
Sincerely,
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gjg Robert R.
Belair
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