ML20011E868
| ML20011E868 | |
| Person / Time | |
|---|---|
| Issue date: | 02/20/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Felton J NUCLEAR LICENSING REPORTS |
| Shared Package | |
| ML20011E869 | List: |
| References | |
| FOIA-89-546 NUDOCS 9002220630 | |
| Download: ML20011E868 (4) | |
Text
U.S. NUCLEAR REOULATORY COMMISSION wac toiA mout61 avust as, F
FEIA -- 89-546 V
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i RESPONSE T3 FREEDOM OF-Inau I X l '^"'"
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FEB 2 019s INFORMATION ACT (FOlA) REQUEST ooc m uvo m ms,.
as,
NtQVf $ltR Joseph M. Felton PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked bones)
No agency records subtect to the request have been located.
No addetonal egency records subsect to the request have been located.
Requested records are cvailable through another pubhc distribution program. See Comments Section.
Agency records subsect to the request that are identifed on Appendaales) are already available for pubhc inspection and copying m the NRC Pubhc Document Room 2t20 L Street. N W. Washmgton DC 20666 X
Agency records subrect to the request that ere identifed on Appendaales)
N are bemg made available for pubhc inspection and copyng m the NRC Pubhc Document Room. 2t20 L Street. N W., Wash ngton. DC. m e folder under this FOIA number and requester name.
3 The nonpropretary version of the proposaltsi that you egreed to accept m a telephone conversaten with a member of my staff is now being made available for pubhc inspecten and copying at the NRC PutAc Decument Room 2120 L Street. N W. Washington. DC, m a folder undes this FOIA number and requester name.
Agency records subsect to the request that are adentifed on Appendiales) may be inspected and copied at the NRC Local Pubhc Document Room identAed in the Comments Section.
Enclosed is information on how you may obtaie access to and the charges for copying records placed m the NRC Pubhc Document Room. 2120 L Street. N W.,
Washngton. DC.
X A0*acy r* cord * 'abact ** 'h* aua' ' *ac'o**d- [The Reieasable porti en of document H/1 is encl osed]
l Records subsect so the request have been referred to another Federal agencytees) for review and direct response to you.
You will be billed by the NRC for fees totalmg $
in view of NRC's response tc this request, no further acten is being taken on appeal letter dated No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain mformation m the requested records is being withheld from pubhc disclosure pursuant to the esemptsons described m and for the reasons stated e Part 8.
sectens 8. C. and D. Any released portions of the documents for which only part of the record is bemg withheld are bemg made available for pubhc mapecten and K
copyng m the NRC Ptbhc Document Room.1t20 L Street. N.W. Washington. DC.m a folder under this FOIA number and requester name COMMENTS 9002220630 900220 PDR FOIA FELTONO9-546 PDR
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j SIG RE. DIRECTOR, i ISION OF OM OF INFORMATION AND PUBLICATIONS SERVICES
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l' ' NRC FO7.M dnd sos" n.. u
F?lA no.m-FEB 2 0-1990I LFREEDOM OF INFORMATlON ACT RESPONSE' roiA NuusER<st oAu:
PART R.S-APPLICABLE EXEMPTIONS.
l Records subject t) the request that are described on the enclosed Appendo:(es)
I are being withheld in their entir ty or in part undet the '
.Ememptions and for thrs reasons set forth below pursuant to 6 U.S C. 55Nb) and to CFR 9.17(al of NRC Regulationse
- 1. The withhold information is properly classifed pursuant to Enocutive Order (EXEMPTION U 2 The withheld informaten relates solety to the intomat personnel rules and procedures of NRC. (EXEMPTION 2)
- 3. The withheld 6nformaten 6s specifically enempted from pubhc disclosure by statute indicated: (EXEMPTION 31 Sectens 141 146 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerly Restncted Data 142 U.S C. 216121651.
Section 147 of the Atomic Energy Act which prohibats the disclosure of Unclassifed Safeguerds information 142 U.S C. 2167)
- 4. The withhold mformation is a trade secret or commercial of fmancialinformaison that is being wethheld for the reason (s) indicated. (EXEMPTION 4)
The snformaten is considered to be confidential busmess (proprietaryl information.
The enformation is considered to be propnetary information pursuant to 10 CFR 2 790tdidt The information was submitted and received in confidence pursuant to 10 CFR 2 790td1(2L y
- 5. The methhsid mformaten consists of interageocy or intraegency records that are not available through discovery dunng htigation (EXEMPilON SL Apphcable Pnvilege:
Dehberative Process. Disclosure of predecisional mformation would tend to mhibit the open and frank enchange of ideas essent.al to the dehberative process.
X Where records are withheld m their entirety, the f acts are mentricably entertwined with the predecisional mformation, There also are nu reasonably segregable f actual portions because the release of the f acts would permit an indirect enquiry into the predecisenal process of the agency.
Attorney work. product pnWiege (Documents prepared by an ettorney in contemplation of hiegation i Attorney-chent pnvilege (Confidential communications between an attorney and his'her chent i 6 The withheld information is enempted from public disclosure because its disclosure would resutt in a clearly unwarranted mvssion of personal pnvecy. IEXEMPTION 61 t
- 7. The withheld information consists of records compiled for law enforcement purposes and is beme withheld for the reason (s) indicated. (EXEMPTION 7)
Disclosure could reasonably te expected to mterfere with an enforcement proceedmg because et could reveal the scope, direction. and focus of en.
forcoment of forts. and thus could possibly allow them to take action to shield potential wrongdomg or a velation of NRC requirements f rom mvestigators EXEMPilON 7 (AH Oisclosure would constitute en unwarranted invasion of personal pnvecy (EXEMPTION 7(Cil The information consists of names of mdividuats and other mformation the disclosure of which could reasonably be sucected to revealidentities of confidential sources (EXEMPTION 7 (DH i
OTHER
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PART N. C-DENYING OFFICIALS l
j Pursuant to 10 CFR 9 25tbl andror 9 25 (c) of the U S Nuclear Regulatory Commission regulations. it has been determoed that the mformation withheld is exempt from production or disclosure, and that its producten or disclosure is contrary to the pubhc mtevest The persons responsible for the denial are those of ficials identified below as denyng officials and the Director. Division of Freedom of information and Pubhcations Services. Office of Admmistration and Resources Management, for any denials that may be appealed to the Executrie Director for Operations (EDon.
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED
' APPELLATE OFFICIAL SEQRETARY EDO John C. Hoyle M t M iggcretary of the I/1 through 1/6 X
i l
1 PART N. D-APPEAL RIGHTS The denial by each denying officialidentified in Part 11 C may be appealed to the Appellate Officialidentified m that secton. Any such appeal must be in writmg and must be made within 30 days of receipt of this ret.sonse. Appeals must be addressed as appropriate to the Enocutive Director for Operations or to the Secretary of the Commission, j
U.S. Nuclear Regulatory Commissen, Washington, DC 20555, and should clearty state on the envelope and in the lutter that it is an " Appeal from an Initial FOtA Decisson.'
]
NRC FORM da4 (Part 2) -
U.S. NUCLEAR REGULATORY COMMISSION d FOIA RESPONSE CONTINUATION
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i I
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l Re:
FOIA-89-546 APPENDIX H.-
DOCUMENTS BEING PIACED IN THE PDR NUMBER DATE DESCRIPTION 1.
6/30/87 Memo from Jim Lieberman to Steve Schinki,.
subject:
Miscellaneous. Matters.
(1 page)
(NOTE:
Deleted portion is outside the scope of the request.)
(
ee-
J Re:
FOIA-89-546 i
APPENDIX I DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY NUMBER =
-DATE
-DESCRIPTION 1.
10/29/86 SECY-86-319 - Identifying and Informing Others of Wrongdoers..(9 pages) Exemption 5 2.
11/6/86-Commissioner Carr's Notation Vote Response Sheet for SECY-86-319.
(1 page)
Exemption 5 3.
11/25/86 Memo from Samuel J.
Chilk to Victor Stello, subject:
SECi-86-319 - Identifying and Informing Others of Wrongdoers.
(1 page)
Exemption 5 4,
7/12/88 Memo from Kenneth Carr to Victor Stello, subject:
Terminations of Employees on Fitness For Duty Grounds.
(1 page)
Exemption 5.
5.
5/10/89 SECY-89-151 - Identifying and Informing Others Of Wrongdoers and Initiar.ing Rulemaking To Permit The Issuance'Of Orders To Non-Licensees. (30 pages)
Exemption 5 6.
6/15/89 Memo from Victor Stello to the Commission, subject:
Response to-Questions Concerning SECY-89-151:
Identifying and Informing others Of Wrongdoers and Initiating Rulemaking to Permit The Issuance Of Orders To Non-Licensees.
(3 pages)
Exemption 5
NU. CLEAR LICENSING REPORTS Executive Offices:
Mail Order Address:
. 200 A Monroe Street, Suite 225 P.O. Box 10866 -
Rockville, Maryland 20850 Rockville, Maryland 20850.
(301) 424 4132 December 15, 1989
[REEDOM 0F INFORMATION:
Mr. Donnie H. Grimsley, Director
% M Y~
Division of Freedom of Information hM d/J g p and Publication Services
/
Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555
Dear Mr. Grimsley:
Pursuant to the Freedom of Information Act, buclear Licensing Reports requests 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 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 abencies, Congressional committees, and members of the public.
Pursuant-to the-FOIA and NRC regulations, Nuclear Licensing Reports t
requests a waiver of search and processing costs, and the first 100 pages of copying costs, as a news media organization.
l 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 p
contractor for copying and charge to my FMI account.
Sin
'ely, 1
f f-Q J eph M. Felton Records Requested 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.
$ i. &