ML20029A273

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Responds to 900830 Appeal of NRC Decision to Withhold Louisiana Energy Svcs Partnership Agreement Identified in App J to NRC 900802 Response to FOIA 90-220.Agreement Now Partially Withheld (Ref FOIA Exemption 4)
ML20029A273
Person / Time
Issue date: 11/21/1990
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To: Riccio J
NUCLEAR INFORMATION & RESOURCE SERVICE
Shared Package
ML20029A274 List:
References
FOIA-90-220, FOIA-90-A-37 NUDOCS 9102050311
Download: ML20029A273 (1)


Text

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Hovember 21, 1990 OF F 4CE OF THL 4

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Mr. James P. Riccio Nuclear Information and Resource Service 1424 16th Street, N.W.

Suite 601 Washington, D.C.

20036 Re:

FO!A Appeal 90-A-37C

Dear Mr. Riccio:

This letter responds to your August 30, 1990 appeal of the Agency's decision to withhold the LES Partnership Agreement (" Agreement") identified on Appendix J of our August 2, 1990 response to FOIA 90-220.

In response to your appeal, the Agency contacted the submitter of the Agreement and discussions were held for the purpose of acquiring additional information about the Agreement and the applicability of Exemption 4.

On the basis of these discussions and our own independent review, it has been determined that portions of the Agreement should be released.

The Agreement has been redacted and the portions to be released are enclosed with this letter.

With regard to the balance of denied material, I affirm the Agency's initial determination to withhold information pursuant to Exemption 4 of the FOIA.

The portions of the Agreement which remain withholdable consist of information relating to construction cost estimates and formulas, connitments for facility output, marketing strategy and financial commitments of partners.

Such information, which relates to the partnership's overall marketing strategy, financial strengths, and the like, is

  • commercial" information within the meaning of Exemption 4.

Because disclosure of this information could inure to the benefit of the partnership's actual competitors, the continued withholding of this material pursuant to Exempt"n 4 is proper.

This letter represents final agency action on your August 30, 1990 appeal.

Judicial review of the Agency's decision is available in federal District Court in the district in which you reside, or have your principal place of business, or in the District of Columbia.

Sincerely, h' %

C.Hoy)le, Acting Joh S retary of the Commission

Enclosure:

Redacted Partnership Agreement l

9102050311 900002 PDR FOIA R I C C I O 90-A-37 PDR

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