ML20011E282
| ML20011E282 | |
| Person / Time | |
|---|---|
| Issue date: | 02/09/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Felton J NUCLEAR LICENSING REPORTS |
| Shared Package | |
| ML20011E283 | List: |
| References | |
| FOIA-89-546 NUDOCS 9002130101 | |
| Download: ML20011E282 (6) | |
Text
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U.S. NUCLEAR ftE00LATORY COMMISSION wac eoa neoutst wuwatam
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M Ltyg FEIA 546 t '.
atSPONSE TYPE F
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RESPONSE TO FREEDOM OF l'a^t I Xi a* mat INFORMATION ACT (FOlA) REQUEST
\\c:eo FEB 9 1990 e
i Dockt1 NUMat at56 f#r appnceases ntoutstta f
Joseph M. Felton PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked bones)
No agency records eutisect to the request have been located.
No addstional agency records subsect to the request have been located.
Requested records are eveilable through another pubhc distribution program. Su Comments Secten.
Agency records sub ect to the request that are identifeed on Appendealent are already eveitable for public mapection arid copymg an the t
NRC Pubhc Document Room 2120 L Street N W. Washmgton. DC 20555 Agency ter.ords sub ect to the request that are edentifeed on Appendiales)
EO are beme made eveilable for pubhc mspec tion and copymg an the N
i NRC Pubhc Document Room. 2t20 L Street. N.W., Washington DC,in a folder under thes FOIA number and requester name.
The nonproprietary versum of the proposaHs) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for pubhc inspection and copying at the f4HC Pubhc Oocument Room 2120 L Strut. N W., Washmgton, DC. m a foeder undei this FOIA number and requester name.
Agency records subtect to the request that are sdentifeedon Appendiales) may be inspected and copied at the NRC Local Pubhc Document Rourn identified in the Comments Section.
Enclooed le information on how you may obtain accres to and the Charges for copying records placed an the NRC Public Document Room, 2120 L Street. N.W.
.i wnhengton. DC.
y Ag.ncy records sub,.ci io the e.quesi e<e.ncioned ik M M. W W M NMW Wdp # M m ed MML R. cords subsei io ino requ.si have been refened to another Federai eg.ncyoesi fo, review and direct,esponse io you.
3 You will be belled by the NRC for fees totahng 4.
In view of NRC's response to this request, no further action is bemg taken on appeal letter dated No PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE
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Certam miormation in the requested records is being withheld from pubhc disclosure pursuant to the esemptions descnbed m are for the reasons stated en Part 'I.
sections B. C, cad D. Any released portions of the docornents for which only part of the secord es bemg withheld see being made available for pubhc mspection and f
X tooviru 'n the NRC Pubhc Document Room. 2120 L Street. N.W., Wash neton. DC,e a folder under this FOIA number and requester name.
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COMMENTS 9002130101 900209 PDR FDIA FELTONB9-546 PDR TURE, DIRECTOR, VISION REEDOM OF INFORMATION AND PUBLICATIONS SERVICES
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/M M NRC FORM d64 (Pvt h m ao
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I: PR6E00M OF INFORMATION'ACT RESPONSE F oiA 'NuMef n<si FOIA 546 eMBF9iggo.
PART g 5-APPLICABLE EXEMPT 60NS I
A0 Cords subject to the feQuost that are described on the enclosed Appendiales) EM
.re bein9 withheld in their entirety of in part under tho' 1 [Nefnpleons and for the reasons set forth botow pursuant to : U.S C. %Nbl and 10 CFR 9.17(a) of NRC Regulations..
ti The withhold information is property classifed pursuant to (secutive Order (EXEMPTION 1) 1.-
- 2. The withheld informaten relates notely to the internal personnet rules and procedures of NRC. (EXEMPTION 2l s
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- 3. The withheld enformation is specifcally esempted f.om public disclosure by statute indicated. (E XEMPTION 31 Sections 141 145of the Atomic Energy Act whech prohibits the disc 60sure of Restncted Data ce f ormerly Restucted Data (42 0 $ C 21612166L
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i Sect 6on 147 of the Atomic Energy Act which prohibets the disclosure of Unclassified Safeguards information 142 U.S C. 2167L 4 The valthheld mformation is a tiede secret or commercial or fmancier informaten that is bemg withheld for the reasontalindicated. (EXEMPTION dl The information to considered to be confidential busmess lproprietary) information.
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The Informat.m as conssdered to be propnetary 6nformation pursuant to 10 CFR 2.790tdHIL The mformation was submitted and received in crofedence pursuant to 10 CFR 2.790(dH2O X
- 6. The withheld mformation cons:sts of interogency or intresgency records that are not available through discovery duim0 higat.on tExtMPTION 61 ApplicatWe Pnvilege' i[
Deliberative Process; Disclosure of predecisional mformation would tend to mhibit the open and fran6 eschange of edeas essential to the defib7ative process.
Where records are withheld in their entirety, the f acts are ineatricably mtertwmed with the predecisionalinformation. There also are no reasonably segregable factual X
portions because the release of the facts would permet an mdwect inquwy mto the predecisional process of the agency.
Attorney work product privilege (Documents prepared by on attorney m contemplation of heigation.)
Attorney -chent pnvilege IConfidential communicatens between an attorney and his het Chent I
- 6. The withheld informaten is enempted from public disclosure because its disclosure would result m a clearly unwarranted mvasen of personal pnvecy. IEXEMPTION 61 a
7 The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reasontalindicated IEXEMPTION 7)
Disclosure could reasonably be enpected to mterfere with an enforcement proceedmg because it could reveal the scope direction, and focus of en.
forcement efforts. and thus could possitWy allow them to take acten to shield potenteel wrongdoing os a violaten of NRC requirements from investigators F XEMPTION 7 (AH Dioclosure would constitute an unwarranted mvasion of personal privacy lEXEMPTION 71CH The mformation consists of names of mdividuats and other mformaten the disclosu o of which could reasonably be enoected to revealidentities of confidential sources (EXEMPTION 7 IDH OTHER PART N. C-DENYING OFFtCIALS Pues ant to 10 CFR 9 2Sibt and/or 9 25 (cl of the U S Nuclear Regulatory Commission regulatens it has been determmed that the information wrhheld is esempt
- leom production or disclosure. and that its production or disclosure is contrary to the public mierest. The persons responsible for the densa are those officials identified s
be60w as denymg officials and the Director, Division of Freedom of information ar'd Publicatens Services. Office of Admmistration and Resources Management, for any denials that may be appepted to the Executive Director for Operations (EDO)
DENYING OFFICIAL TITLE / OFFICE RECC8tDS DENIED APPELLATE OFFICIAL Deputy General Counsel for
_1EsRUARY EDO Joseph Scinto Hoaydnge and Enfnernment F/1. G/6 G/A y
James Lieberman Director,; Office of Enforcement G/1'-G/5,G/9 G/in y
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l-PART 11. D-APPEAL RIGHTS The deniet by each denying officist identified m Part il C may be appealed to the Appellate Officialidentifed m that aection. Any such appeal must be in writmg and must be made withm 30 days of receipt of this response Appea's must be addressed as oppropriate to the Executive Director for Operations or to the Secretary of the Commessen.
U.S. Nuclear Regulatory Commist>on, Washington. DC 20555, and should clearly state on the envelope and m the letter that it is en " Appeal from en initial FOIA Decisen."
CftC F1RM 464 (Part 2)
U.S. *dVCLEAR REGULATORY COMMISSION (11 88)
FOIA RESPONSE CONTINUATION l
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Ret FOIA-89-546 APPENDIX E DOCUMENTS BEING PIACED IN THE PDR
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NUKBER DATE1 DESCRIPTION 1.
4/5/88 Memo from James Lieberman to Richard Cunningham, subject:
Meeting to Discuss Current Issues Concerning the Public Health service, with attachments. (34 pages) r I
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l Ret FOIA-89-546 APPENDIX F DOCUMENTS BEING RELEASED IN PART NUMBER DATE DESCRIPTION 1.
11/16/89 Memo from J. Lieberman to L. Chandler, subject:. Proposed Rulemaking On !!olding J
Unlicensed Persons Accountable For Willful Misconduct, (1 page), released, attaching Office of the General Counsel. annotation on draft proposed rule, (37 pages), withheld pursuant to Exemption 5.
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i Re FOIA-89-546 l
APPENDIX G DOCUMENTS BEING WITHHELD IN THEIR EhrfIRETY NUMBER DATE DESCRIPTION 1.
5/25/87 Memo from R. Martin to J.Lieberman, subject:
i Identifying and Informing Others of Wrongdoing.
(1 page)
Exemption 5 2.
6/10/87 Memo from J. Lieberman to J. Partlow, subject:
Identifying and Informing Others of Wrongdoers.
(1 page)
Exemption 5 3.
9/28/88 Memo from J. Lieberman to J. Roe, subject:
E Wrongdoers.
(1 page)
Exemption 5 4.
10/14/88 Memo from J. Roe to J. Lieberman, subject:
Wrongdoers.
(1 page)
Exemption 5 5.
1/4/?
Draft Commission paper, subject:
Proposed t
Rule Holding Unlicensed Persons Accountable For Willful Misconduct. (47 pages)
Exemption 5
t 6.
Undated Office of the General Counsel handwritten annotations on copy of Proposed Rule -
Holding Unlicensed Persons Accountable for Willful Misconduct.-
(36 pages)
Exemption 5 7.
12/28/?
Office of the General Counsel handwritten annotations on thres pages of draft Commission paper.
( 3 pages)
Exemption 5 8.
Undated Office of the General Counsel handwritten annotations on draft Commission paper, subject:
Proposed Rule Holding Unlicensed Persons Accountable For Willful Misconduct (45 pages) Exemption 5 9,
10/24/?
Handwritten note from J.Lieberman to B.
Parler, with attachments: 1) 9/13/85 memo from J. Lieberman to L. Ccbb, subjects Request For Views on the Appropriateness of
" Blacklisting" Individuals.for Wrongdoing, 2) 6/20/85 memo from L. Cobb to J. ' Lieberman, subject:
Request for the Legalities and Appropriateness of " Blacklisting" Individuals For Wrongdoing, and 3) 6/13/85 memo from W.
L. Axelson to L. Cobb, subject:
Policy.
Ret FOIA-89-546 APPENDIX G DOCUMENTS BEING WITHHEIE IN THEIR ENTIRETY (Continued)
NUMBER DATE DESCRIPTION' Guidance Regarding Personnel Removed From an NRC License Due to Wrongdoing. (12 pages)
Exemption 5 10.
Undated Note re: Identifying and Informing Others of Wrongdoers, (1 page)
Exemption 5 y
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NUCLEAR LICENSING REPORTS p
Executive Olfices:
Mali Order Address:
200 A Monroe Street. Suite 225 P.O. Box 10866 Rockville, Maryland 20850 Rockville, Marylano 20850 (301) 424-4132 December 15, 1989
[REEDOM OF INFORMAil0tl ACT REQUEST Mr. Donnie H. Crimsley, Director
% MI Division of Freedom of Information and Publication Services
,g Office of Administration U.S. Nuclear Regulatory Commission r
Washington, DC 20555 L'
Dear Mr. Grimsley:
Pursuant to the Freedom of Information Act, Nuclear 1.icensing keports requestr copies of the records listed below.
Nuclear Licensing Reports is a monthly newsletter designed to inform NRC and Agreement State licensees about new and proposed changes in NRC and state regulations and policies in order that licensees may L
be better able to carry out their operations in a safe and cost effective manner.
Included among its subscribers are NRC and Agreement State licensees, Federal and state regulatory agencies, Congressional committees, and members of the public.
Pursuant to the FOIA and NRC regulations, Nuclear Licensing Reports requests a waiver of search and processing costs, and the first 100 pages of copying costs, as a news media organization.
Please send the records directly to me at the Monroe Street address listed above.
Should the number of pages exceed 100, please send the first 100 pages to me, and the remaining pages to the PDR reproduction contractor for copying and charge to my FMI account.
Sin
'ely, f
b JdphM.Felton Records Req e,sted:
Records relating to the background and purpose of a rule being prepared by the Office of Enforcement on " Holding Unlicensed Persons Accountable for Willful Misconduct".
The memo to the EDO requesting approval of the rule.
The status of the rule.
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