ML20011F338

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First Partial Response to FOIA Request.App a Records Encl & Available in Pdr.App a Records Partially Withheld (Ref FOIA Exemptions 6 & 7)
ML20011F338
Person / Time
Issue date: 02/28/1990
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Hughey N
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
Shared Package
ML20011F339 List:
References
FOIA-89-357 NUDOCS 9003050158
Download: ML20011F338 (3)


Text

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RESPONSE TO FREEDOM OF I n~^t P@^anat I sr INFORMATION ACT (FOIA) REQUEST X~

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VAffT t.L AGENCY R@RDS RELEASED OR NOT LOCATED ISee checAed bones) l t

1 No egency records subpect to th request have been located.

No additional egency recorde subject to the regaest have been located.

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E Requested records are ovellable through another public distribution program. See Comments Section, h

~ Agency records subrect to the request that are identified on Appendiatesi are already available for pubhc mspection and copymg m the NRC Public Document Room 2120 L Street. N W., Washmgton, DC 20665 i

Agency records subiect to the request that are adentified on Appendentes!

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are being made available for pubhc mapection and copying en the NRC Pubhc Document Room, 2120 L Street, N.W., Washmgton, DC, m a folder under this FOIA number and requester name.

The nonproprietary version of the proposalts) that you agreed to accept in a telephone convers. tion with a member of my staff is now bemg made available for publec inspection and copymg at the NRC Pubhc Document Room 2120 L Street, N W.. Washington, DC, m a folder under this FOIA number and reauester name.

Agency recorde subject to the request tbr are 4dentified on Appendamlesi may be inspected and copied at the NRC Local Pubhc Document Room identified in the Comments Section.

j Encloeod 6e information on how you may obta n access to and the charges for copying records placed in the NRC Public Document Room. 2120 L Street. N W.,

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' Wash 6ngton, DC.

2 Agency records subsect to the request are enclosed h Cscorde subsect to the request have been referred to another Federal agency (ses) for review and direct response to you.

You will be billed by the NRC for fees totalmg $

in view of NRC's response to this request, no further action is being taken on appeal letter dated

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PART N. A-INFORMATION WITHHELD FROM PUBLtc DISCLOSURE

,f Certam mformation in the requested records in being withheld from public disclosure pursuant to the esemptions desenbed m and for the reasons stated m Part 11 sections B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for pubhc inspection and 6 copying m the NRC Pubhc Document Room. 2120 L Street. N W., Washington, DC.in a folder under this FOIA number and requester name.

COMMENTS

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U PART 5.B-APPUCABLE EXEMPTIONS brdd subject 12 the foguest that are described Cn the Enclosed Appendixts) are being withtdd in their entirety or in part under the Ememptions and for the reasons set forth below pursuant to 5 U.S C. 552(b) and 0 CFR 9.17(e) of NRC Rogulations.-

1. The withheld information is property cleosified pursuant to Enocutive Order (EXEMPTION 1) fi The w6thheld information relates solely to the internal personnel rules and proc 6dures of NRC. (EXEMPTION 2)
3. The wrthheld information is specificeny exempted from public disclosure by statute mdicated; (EXEMPTION 31 Sections 141 146 of the Atome Energy Act whch prohibits the disclosure of Restncted Data or Formerly Restrcted Data (42 U.S C. 21612166L-Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information (42 U S.C. 2167L
4. The withheid information is e trade secret or commercial or fmancial information ebat es being withheld for the reason (s) indicated. (EXEMPTION 4)

The information 6s considered to be confidential busmess (proprietary) information.

l The information is considered to be propnetary information pursuant to 10 CFR 2.790(d10) 1 The information was submitted and received in confidence pursuant to to CFR 2.790 ldh 2).

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6. The withheld informaton consists of interagency or intrangency records that are not available through discovery durmg htigation. (EXEMPTION 61. Applicable Privilege:-

Dohborative Process: Disclosure of predecisional anformation would tend to inhibit the open and frank eachange of ideas essential to the debberative process Where records are withheld in their entirety the facts are snentricably mtertwined with the predecisional mformation. There also are no reasonably segregable f actual portions because the release of the f acts would perrnst an Indirect inquiry into the predecisional process of the agency.

Attorney work. product pnvilege. (Documents prepared by an attorney m contemplation of htigation l Attorney-chent pnvilege IConfidential communicatune between an attorney and his her chent )

6 i The withtwid information is exempted from public disclosure because its disclosure would result m a clearty unwarranted invasion of personal pnvecy. (E XEMPTION 61

7. The withheld information consists of records compiled for law enforcement purposes end is beng withheld for the reasor4sl indicated. (EXEMPTION 7)'

' Disclosure could reasonably be espected to mterfere with an enforcement proceeding because it could reveal the scope. direction, and focus of on-forcement offorts. and thes could possibly stiow them to take action to shield potential wrongdomg or a violation of NrtC requirements from mvestigators EXEMPTION 7 IAH Disclosure would cor.stitute an unwarranted invasion of personal pnvecy (EXEMPTION 7tC))

J The information consists of names of individuals and other mformation the disclosure of whrch could reasonably be elicected to revealidentities of conhoential sources (ExEMPTICN 7 fDH OTHER:

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PART 11. C-DENYING OFFICIALS

' Pursuant to 10 CFR 9 25tb) and/or 9 26 (c) of the U S. Nuclear Regulatory Commission regulations. it has been determmed that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the pubhc mterest The persons responsible for the denial are those officials identified

' below as denymg of ficials and the Director. Division of Freedom of Information and Publications Services. Of hce of Admmistration and Resources Management. for any dentis that may be appepled to the Executive Director for Operations (EDOI.

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL 0_

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l PART 11. D-APPEAL RIGHTS The denial by each denying officielidentified in Part ll.C may be appeaiad to the Appellate Officialidentified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operationsg ad the Secretary of the Commission, og U.S. Nuclear Regulatory Commission. Washington. DC 20555, and should clearly state on the envgag hgegt i en initial FOIA Decision."

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RECORDS RELEASED TO REQUESTER

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