ML20034B336

From kanterella
Jump to navigation Jump to search
Final Response to FOIA Request for Record.App a Record Withheld (Ref FOIA Exemption 5)
ML20034B336
Person / Time
Issue date: 04/11/1990
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Burns E
ERIN ENGINEERING & RESEARCH, INC.
References
FOIA-90-115 NUDOCS 9004270027
Download: ML20034B336 (3)


Text

U.S.LUCLEAA AtOULATORY COMMIS$KHW hac toia atoutSt avust Rise FOlA -- 90-115

.oh ]

j

(

atm= nn

(

l RESPONSE T FREE X raa J lmtm p " J J h990

[

INFORMATION ACT (FOIA) REQUEST

  • ^ '

(e.e.e) pocas1 wwwatmiss arese= esso At Out $15 R E. T. Burns b

PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED (See cheded bones) ll Nc, egency records subsect to the request have been located.

No additenet egency recorde sub ect to the voguest have been located.

t Reque:ted records ett eveilable through another pub < distributen program. See Comments Secten.

Agency reco*de subsect to the request that are identified on Append ales) are already eveitable for public anspection end copymg m the -

NRC Public Document Room 2120 L Street. N W. WesNagton. DC 2055%

Agency reco,0s sub,ect to the request thei see edentif'ed on Append >slett see being made available foe public espection and copyng in the NRC Publec Document Room. 2120 L Speet, N W., Washegion. DC. m o foldet undet this FOIA number and requester name.

The nonprope.etary weesion of the proposettel that you agreed to eccept m a telephone conversation with a member of my staff is no* being made avaitable foe public '

inspect +on and copyng et the NRC Pubhc Document Room Pt 20 L Street. N W., WesNngton, DC, m e folder undes tNs FOIA number and eequester name, f

Agency eecoeds subsect to the request that are identified on Append alest may be espected and cop.ed at the NRC Local Pubhc Document Room identified in the Comments Section.

j Enclosed es eformation on how you may obtem access to and the cheeges for copyeg records pieced m the NRC Pubhc Docureent Room. 2120 L si,eet. N W.,

I Washegton, DC Agency records subject to the request see enclosed Reco<de sub,.ci io the,covesi deve been.efe, red io anothe, Fede e egencyoesi foe revie. and di,eci <esponse io you X

vov win be 6,ned by the NRC for fees totehng 8 l i _ $$

in mew of NRC s esponse io iNo,eavest, no fvrthe, seison is being ici.n on appeonetie, dated No PART N. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cartein ef errection m the reovested 'eco<ds is being *ithheid tsom p.,bhc d selosvee pu sweat to the esemptions described in and foe the reasons stoied e Port u.

e secteoes $. C. and O Any f eteesed porisons of the documents for wh.Ch only Dort of the 'eco'd is being withheld ere being made siedable foe Pvbhc mspect.on and X

  • *"
  • 8 * '"' N "C "* 6"' D * ***"' " "' ' 5""' * *-' **^ n. oC e a fome, unde, ih.s e Oi A n-be, and.ove nie, name COMMENTS The fees for processing your request are as follows:

20 minutes professional review @ 41c per minute = $8.20 5 minutes SES review @ 67c per minute 3.35 l

$11.55 l

l i

i A

$#C RE, DIRECTO VISIO FRitDOM OF INFORMATION AND PUBUCATIONS SERVICES D

o 3 a m.

vv--

l 9004270027 900411 PDR FOIA BURNS90-115 PDR


m oseam ma yew em mw m_,ne..-~e.

~------w~~ee-n.*

,o

-o o

t L FREEDOM OF INFORMATION ACT RESPONSE FOiA NuustRS 7:

FOIA'- 90-115 DAiApp i 1 1oon PART N.S-APPLICABLE EXEMPTIONS

~

Records subjecf t; the teauest th;t are described In the cncl; sed Appendix (es)._ )L_ art being withheld in their entirety or in part under the Exernptions and for the reasons met forth below pursuant to 5 U S.C 552(b) and 10 CFR 9.1hal of NRC Regulations.

1. The w6thheld information is property classified pursuant to Esecutive Oroer (EXEMPTION 1)
2. The withheld informatiori relates notely to the internal personnel rules and procedures of f4RC (EXEMPTION 21
3. The withheld information es specifically esempted from public disclosure by statute indicated: (EXEMPTION 36 Sections 141 146 of the Atomic Energy Act which prohibits the disclosure of Restrcted Data or Formerly Hestncted Data (42 U.S C. ?t612166).

s Section 147 of the At;.,mc Energy Act which prohibits the disclosure of Unclassified Safeguards information f42 U.S.C. 2167L

4. The withheld information is e trade Secret or commercial or fmancial Mformation that as being withheld for the reason (s) mdicated. IEXEMPTION di The mformation is considered to be confsdential bussness (proprietary) information.

i The mformation is considered to be proprietary information pursuant to 10 CFR 2.790tdHIL The mformation was submitted and received in confidence pursuant to 10 CFR 2 790tdH2) 1 6_ The withheld mformation consists of mteragency or mirangency records that are not avaiable through discovery dunne litigation (EXEMPTION 61 Applicable Pnvilege:

i IDehberative Process: Disclosure of predecisional mformation would tend to enhibit the open and frank exchange of ideas essential to the deliErhve process

' j' X

Where records are withheld m their entirety, the f acts are sneatncably intertemed with the predecisional enformation. There also are no reasonably segregable f actual portions because the release of the f acts would permit an indirect mouiry mto the predecisional process of the agency.

Attomey wotk product privilege. (Documents prepaied by an attorney m contemplation of htigation i Attorney -chent privilege (Confidential communications laetween en attorney and his her thent i

!l 6 The withheld information is esempted from pubhc disclosure because its disclosure would result m a clearly unweeranted invasion of personal pnvecy (EXEMPTION 61 g

a

7. The withheld information consists of records compiled for law enforcement purposes and is bemg withheld for the reason (s) indicated (EXEMPTION 7)

Disclosure could reasonably be espected to mterfere with an enforcement proceedmg because it could reveal the scope. direction and focus of en-l forcement ef forts, and thus could possibly allow them to take action to shield potential wrongdomg or a violation of NRC requirements frominvestigators.

E XEMpTION 7 lAll Disclosure would constitute an unwarranted invasion of personal pnvacy (EXEMPTION 7tCll l

The information consists of names of mdividuals and other mformation the disclosure of which could reasonably be enoected to revealidentities of l

corihdential sources IEXEMPTION 7101)

-1 Other i

I PART H. C-DENvlNG OFFICIALS Pursuant to 10 CFR 9 26itn and or 9 26 Ici of the U S Luclear Regulatory Commission regulations it has been determmed that the mformation withheld is exempt from production or disclosure. and that its production or disclosure is contrary to the public mierest The persons responsible for the denial are those officials adentified below as denying othcials and the Director. Division of Freedom of Information and Publications Services. Othce of Administration a.ed Resources Management. for any d;netis that may be appepted to the Executive Director for Operations tEDOn DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL John C. Hoyle Assistant Secretary of the S' C"" ^"*

gm Appendix A X

t 1

l

}

4 I

i l

d PART 5. D-APPEAL RIGHTS The denial by each denymg officialidentified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in wntmg and must

)

be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations of to the Secretary of the Commission, r

U.S. Nuclear Regulatory Commission, Washington. DC 20665. and should clearty state on the envelope and in the letter that it is an " Appeal trom an initial FOIA Decision.'

Hnc tonnt 464 (Peri 2i U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION i

1

'Re:

FOIA-90-115

.J APPENDIX A DOCUMENT BEING WITHHELD IN.ITS ENTIRETY l

NUMBER DATE DESCRIPTION 1.

3/30/89 SECY-89-102, entitled:

" Implementation of Safety Goal Policy."

(39 pages) Withheld.

pursuant to Exemption 5.

7 i

A l

1 t

1 I

I

.