ML20034B374

Final Response to FOIA Request for Records.App a Records Withheld (Ref FOIA Exemption 5)

ML20034B374
Person / Time
Issue date:	04/05/1990
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Williams O JRA ASSOCIATES
References
FOIA-89-482 NUDOCS 9004270070
Download: ML20034B374 (3)

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U.S. NUCLLAR REQULATORY COMMISSION sect, e o.a ce out si noust skb.

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r FOIA 482 M

L Riv0 a iva L

RESPONSE TO FREEDOM OF

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'N INFORMATION ACT (FOlA) REQUEST p'"m I - l eat a

APR 5 - 1990 m n,....., -.e.,

na ove sita i

Mt onholin Williame t-PART 1.-dGENdY RECORDS RELEASEO OR NOT LOCATED (See checked bonesJ No egency reco'es subsect to the request have been located.

j No additionef egency records subpect to the request have been located.

Requested reco<ds see available through another publec distribution program See Comments Section.

Agency rece,8d4 swbject to the seovest that s'e wentif.ed on Apc'ercatest NRC Pubhc Document Room 2120 L St eet. N W,. Washingion. DC 20$56 ese elitedy etailable for pubhc espection and copsm0 * ' j Agency records swbeect to the sequest that s't identif.ed on Append >ateel NRC Pubhc Dxument Room. 2170 L Street, N W Washington. DC. en e folder undee this FOIA numtwe and sequester nameare being fn44e availa j

The nonp oprietsrv veese of the proposal (si that you eyeed to accept in a telephone converssiion with a member of my statt is now beeg m66e oveila',.te toe pudt espect on and copgeg at the NRC Pwbhc Doew m

ment Room 2120 L Steeet. N W. Washington. DC. in a folder unde this FOIA numbee and reovester r.ame Agency records outrect to the eensest that see ident>f ed on Append eiesi en the Comme'is Section may be enspected and cop.ed at the NRC Loca' Pubhc Document Room identif-Enclosed is efo< mat.on on how you may obtae eccess so and the charges for copyeg records placed in the NRC Pubhc Document Room. 2120 t Stieet Washes, ion. OC.

NW.

Agene, esco.d4 subseci io the eeowest ere enclosed r

Recoeds subsect % the vegvest have been refer <ed to another Federal agencyt4sl fon review and direct sesponse to you You will be billed by the NRC foe fees totahng 6

- la view of NRC's response to this reevest no further ei, tion : being taken on appealletter dated No PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain witormat on e the 'eovesied reco<ds es bees *ithhew om pubhc d+sciose's ow'swant to the enemoi'oas dest'ibed

• and to' tre seasons siated sect oas e C and D Ane reiessed port.ons of the docweenis f or which oney wt of the secoed is be.ag withheid a'e being made esacaele foe pubhc espect.on a^d copyeg e the NRC PvtAc Document Room. 2120 L Street. N W, Washington. OC e a foldet unde < this f olA numbes and veQvester eame COMMENTS

• The record identified on enclosed Appendix K was inadvertently overlooked in my final response letter to you dated March 15s 1990.

This record is the enclosure to the 1

. record identified at number six of tsppendix H.

As this record is a draft containing handwritten comments it is being withheld in its entirety under Exemption 5.

A copy of this record in its final form is filed at the NRC's Public Document Room under Accession.

Number 8903160296.

I apologize for any inconvenience this oversight may have caused you.

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b 9004270070 900405 PDR FDIA WILLIAM 89-402 PDR

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FREEDOM OF INFORMATION ACT RESPONSE rotA NUMBERIS):

FOIA 482 -

om Pant e.e-ArrucAetE ExEMPTKN88 APR 5 nmu Records subject u tu request that are described on th) enclosed Appendistes)

P _ ore being withheld in their entirety or in part under the t

Esotnptions and for the reasons set fortti below pursuant to 5 U.S.C. 562(b) snd to CFR 9.17tel of NRC Reguistioris, t

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9. The withheld information is property closelfsed pursuont to Esecutive Order (EXEMPTION 1) i 2, T5e withheld information relates solety to the intomal personnel rulee and procedures of NRC. (EXEMPTION 2)

3. The withheld information is specifcelly enempted from public disclosure by statute indcated; (EXEMPTION 3)

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Sections 141 146 of the Atom +c Energy Act which prohibits the disclosure of Restricted Date or Formerly Restected Data (42 U.S C. 21612166L u

Section 147 of the Atomic Energy Act whch prohibets the disclosure of Unclassifed Safeguards Informaten 142 U.S C. 2167L

4. The withheld information is a trade secret or commercial or Imancialinformation that is bemg withheld for the reeson(s)indcated: (EXEMPTION di The mformation 6s considered to be confidential busmess (proprietary) informaten.

The information is considered to be preprietary information pursuarit to 10 CFR 2.790(dH1).

The informaten was submitted and received in confidence pursuant to 10 CFR 2.790<dH2).

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6. The withheld information consists of mteragency or mtrangency records that are not available through discovery durmg litigaten, (EXEMPTION Bl. Applicable Privilege:

Dehborative Process: Disclosure of predecisional mformation would tend to mtubit the open and frank exchange of ideas essential to the dehberative process.

Where records are withheld in their entirety, the facts are insaticably mtertwmed with the predecisenal Aformation. There also are no reasonably segregable factuel X

portions because the release of the f acts would permit en indirect movery mto the predecisional process of the agency.

Attorney work-product privilege (Documents prepared by an etiorney in contemplation of litigaten 1 Attomey -client pnvilege (Confidential communicatens between an attorney and his fue client i

6. The withheld informaten is exempted from pubhc disclosure because its disclosure would result in a clearty un*erranted invesson of personal pnvecy. (EXEMPTION 6)

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

Disclosure could reasonably be espected to mterfere with an enforcement peneedmg because it could reveal the scope direction, and focus of en.

f orcement offorts. and thus could possibly allow them to take acton to theid potential wrongdomg or a velation of NRC requirements from inveshgators.

E XEMPTION 7 (All Disclosure would constitute en unwarranted mvasion of personal privacy (EXEMPTION 7(CH The mformation consists of names of mdeviduals and other information the disclosure o w sch could reasonably be espected to revealidentites of i

confidential sources (E XEMPTION 7 (DH OTHER PART N C-DENYING OFFICIALS Pursuant to 10 CFR 9 251bl and or 9 25 (c) of the U.S Nuclear Regulatory Commission regulations. it has been determmed that the mformation withheld is exempt from p;oduction or disclosure. and that its production or disclosurs is contrary to the pubisc mterest The persons responsible for the denial are those officials identihed below as denymg of ficiels and the Director. Division of Freedom of informenon and 'ublications Servees. Office of Admmistration and Rasources Management, for any d niats thal may be appepted to the Executive Doector for Operations tEDOI OENYING OFFICIAL TITLEiOFFICE RECORDS DENIED APPELLATE OFFICIAL SE CRET ARY EDO Joseph Scinto Dep. General Counsel for App. K/1

.X Hearings and Entorcement i

PART N. D-APPEAL RIGHTS The derwal by each denymg offcialidentified in Part II.C may be appealed to the Appellate Offcialidentifed in that section. Any such appeal must be in writing and must be made withm 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Directar for Operations or to the Secretary of the Commission.

U S. Nuclear Regulatory Commessen, Washington, DC 20655. and should clearty state on the envdopo and in the letter that it is an "Apped from an Initid FOIA Decision."

PC.C FORM 464 (Part 2)

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U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUAT!ON -

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i Re - POIA-89-482 APPENDIE E DOCUMENT 8 BEING WITREELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION 1.

Undated Memo to Holders of Operating Licenses and Construction Permits for Nuclear Power Reactors, subject:

" Fraudulent Nonconforming Materials and Equipment," (Generic Letter 88 -

XX), with. handwritten comments, '(4. pgs. )

EXEMPTION 5.

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,_,M"Y 1407 Marco Drive Mitchellvillo, MD 20710 301/249 9672-November 6,1989

0GW-83-195 Ms. Linda Robinson, Chief i

F0IA/LPDR Branch 4

Division of Freedom of Information and Publications Services FREEDOM 0F INFORMATIO Office of-Administration U.S. Nuclear Regulatory Comission ACT REQUEST _...

FOTA 'N-UEb Washington, DC 20555

SUBJECT:

RESUBMISSION OF FOIA REQUEST (REFERENCE F01A 1 89-448)'

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Dear Ms. Robinson:

l Pursuant to the Freedom of Information Act (5 USC i 552) and to.the Nuclear Regulatory Comission's (NRC) policies and regulations (10 CFR Part 9 Subpart A).

I request a copy of all NRC Staff and Comission policy and guidance documents related to procurement and comercial grade dedication in nuclear power plants.

In this regard, procurement should be defined to be consistent with, and as envisioned in, the following:

1. the Comission's description of the " procurement process" in its i

Advance Notice of. Proposed Rulemaking " Acceptance of Products Purchased for Use'in Nuclear Power Plant Structures, Systems and Components," 54 FRN 9229, March 6,1989;

2. Regulatory) Guide 1.33, " Quality Assurance Program Requirements.(Operation o

associated with producing " procurement documents" for comercial.

/q grade items;

3. Generic Letter 89-02, " Actions to Improve the' Detection of 2

Counterfeit and Fraudulently Marketed ' Products," which " conditionally" endorses EPRI NP-5652, " Guideline for the Utilization of Commercial Grade Items in Nuclear Safety-Related Applications (NCIG-07),'? as it applios to commercial grade items; procurement in this regard means the purchase of commercial grade items consistent with NCIG-07;

4. NRC inspection procedures as documented.in NRC Inspection Manual-Chapters 38701, 38702, and 38703; and

5. ANSI /ANS-3.2-1988, Section 5.2.13,

• Procurement and Materials Control; " procurement in this regard means the activities associated with the purchase of comercially "off tne shelf" items (i.e.,

i commercial grade items).

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i Ms. Robinson November 6,1989 Documents in this context are intended to include such things as Commission papers, Temporary Instructions, draf t Regulatory Guides, Enforcement Guidance memoranda, internal Staff or Commission memoranda, inspection procedures and guidance, proposed rulemaking, and draf t or proposed generic communications.

I would appreciate your prompt response within ten working days of the receipt of this request, as provided by 10 CFR Part 9 and the NRC's policies.

If you have any questions regarding this request, please feel free to contact me at 301/249 9672.

Thank you.

Sincerely yours, 7

hillt9 alttu Op ia G.f illiams l

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