ML20034B348

Final Response to FOIA Request for Records.App a Record Withheld (Ref FOIA Exemptions 4 & 5)

ML20034B348
Person / Time
Issue date:	04/11/1990
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Shelton T FSM LEASING, INC.
References
FOIA-90-131 NUDOCS 9004270043
Download: ML20034B348 (3)

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FOIA - 90;131 1

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RESPONSE O FREEDOM SF Pu I I "=

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INFORMATION ACT (FOIA) REQUEST

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Ms. Tracey Shelton PART 1.- AGENCY RECORD $ RELE ASED OR NOT LOCATED (See checaed bones)

No agency records subject to the request have tieen located No addeteal egecy records swbsect to the reavest have been located.

Regwested escords are available throwgh another public d'stribution prog'am See Comments Secten Agency veco<ds subject to the sequest that d'e ident<f.ed on Artend<alest are already avadable for pubhc inspection and copymg en t' NRC Pubhc Doewment Room 2120 L Street. N W. Washington DC 20555 Agency reconds subs ct to the request IPal are identif.ed on Append stesi are being reade available los pubhc snspection and copymg in th e

NRC Pubhc Document Room, 2170 L Street. N W WasNngton. DC m a folder under this FOIA numbee and stovestee name The nonp< opt.etag version of the peoposaltsi that you agveed to accept m a telephone conversation with a enember of my staff as now being rnade avadable for pubhe ;

sespecten and corymg at the NRC Pubhc Document Room 2120 L Street. N W. Washington. OC. m a folder wade. tNs FOIA numbee and reovester e.ame Apenet recoeds sutrect to the reQwest ttat are 4ent fied on Append tiesi

.may be inspected and cop.ed at the NRC Loca' Pvtv.c Document Room ident>f.e J m the Comme' ts Sect on.

Enclosed is mformation on how yow may obtain access to and the cha'ges for copymg records placed e the NRC Public Document P om. 2120 t $t'eet NW.

s Washon DC.

Agency records subject to the reewest a.e enciosed

.j Reco<ds subject to the vegvest have been sofe' red to anothee Fede'at agency (.es) fos #eview and dvect response to you You wilt be b4d by the NftC fos fees totalme I in view of NRC's eespoese to this reovest. no fu ther action is being taken on appear letter dated No f

r PART H. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain info, mat.on m the eeowested 'eco<ds is being asthme4 f<om owblic d sclesv e pu svant to the enemotions described in sac fo< tre seasons stated in Pa+1 it r

e sections B C. and 0 Any setessed portions of the doewments for *hich oniv part of the seco'd is bems withheld are being teace sia tab;e for pwoiic inspection anc corymg in the NRC Pwtdic Document Room. 2120 L Street. N W. Washington. OC in a folde* wnder this F01A n mbee and reqwestes rame u

I CCMMENTS

• Please note that the staff of NRC's Division of Contracts and Property Management i

has informed me that they anticipate awarding. the subject contract by April 27, 1990.

Once the contract has been awarded, you may submit another FOIA request

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for the requested record.

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i StGgfDRE, DIRECTOR. Olvt ION OF F OM OF INFORMATION ANO PU8t.lCATIONS $(RVICf 3 gi w Oha

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PDR FOIA i

SHELTON90-131 PDR j

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FREEDOM OF INFORMATION ACT RESPONSE roiA NuMetRisi:

FOIA-- 90-131 DAtrAPR 11 - um PART N.8-APPUCABLE EXEMPTIONS Records subject to tse req' vest tset are described on tse cnclosed Appendix (est' Ac

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Emeenptions and for tne reasons set forts below pursuant to 6 U.S C. 552(b) and 10 CFR 9.17(al of NRC Regulations.,

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1. The withheld information is property classified pursuant to Executive Order (EXEMPTION 1)

2. The withheld information relates solely to the intemel personnel rules and procedures of NRC. (EXEMPTION 2)

3. ine withheld informatson is specifically esempted from public disclosure by statute indicated: (EXEMPTION 3)

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Sections 141 145 of the Atomec Energy Act which prohibits the disclosure of Restucted Data or Formerly Restricted Data (42 U S C. 21612165h Section 147 of the Atomic Energy Act whech prohibits the desclosure of Unclassified Safeguards information (42 U S C. 2167L

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4. The wrthheld informaten is a trade secret or commercial or financial information that is bemg withheld for the reason (s) indicated. (EXEMPTION di The information is considered to be confidential business (proprietary) informaten.

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The information is considered to be proprietary information pursuant to 10 CFR 2.790td)(1L The information was submitted and received m confidence pursuant to 10 CFR 2.790tdH2)

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5. The withheld information consists of mteragency or intrangency records that are not available through discovery dunng litigaten IEx(MOTION EL Applicable Privilege:

Dehberative Process: Disclosure of predecisionalinformation would tend to mhitut the open and frank enchange of ideas essential to the dehberative process.

Where records are withheld in their entirety. the f acts are inextncably mtertwmed with the predecisional mformation. There also are no reasonably segregable f actual y

portions because the release of the f acts would permit an indirect inquiry mto the predecisional process of the agency.

Attomey work p oduct pnvilege. (Documents prepared by an attorney in contemplation of trtigaten i Attorney -chent privilege (Confidential communications between an attorney and his her chent]

6. The withheld mformation is exempted from public disclosure because 6ts disclosure would result in a clearly unwarranted invasion of personal pnvecy. (EXEMPTION 6)

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

Disclosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope. directiort and focus of en-forcement offorts. and thus could possibly allow them to take acten to sh+eid potentiat wrongdoing or a violation of NRC requirements from mvestigators-E xEMPTION 7 IAH Disclosure would constitute en unwarranted invasen of personal pnvecy (EXEMPTION 7(C)I The mformation consists of names of mdividuals and other informaton the desclosure of which could reasonably be enoected to revealidentities of confidentist sources IEXEMPTION 7 tDin OTHER i

PART R. C-DENYtNG OFFICIALS Pursucnt to 10 CFR 9 25tbl and/or 9 25 tc) 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 j

below as denying of ficials and the Directnr. Division of Freedom of Informaton and Publications Services. Offece of Admmistration and Resources Management, fo any l

denials that gnay be appepted to the Executive Director for Operations (EDOI DENylNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL

,_S1CRETARy EDO i _.

Edward L. Halman Director, Division of Contracts App. A X

and Property Managements ADM PART R. D-APPEAL RIGHTS The denial by each denyin0 officialidentified in Part Il C may be appealed to the Appellate Official identified in that section. Any such appeal must be in wrtting and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission.

U S. Nuclear Regulatory Commission Washington. DC 20555, and should clearfy state on the envelope and in the letter that it is an " Appeal from an inrtiet FOIA Decision.'

NRC FORM 464 (Part 2)

U.S. NUCLEAR REGULATORY COMMISSION (11 88)

FOlA RESPONSE CONTINUATION

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l Ret F01A-90-131' APPENDIE A DOCUMENTS BEING WITERELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION 1.

Undated Bidder's List for IRM-89-148 - Exemptions 4 and 5.

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