ML20034B400

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Partial Response to FOIA Request for Documents.App D Documents Completely Withheld (Ref FOIA Exemption 5)
ML20034B400
Person / Time
Issue date: 04/18/1990
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Weeks J
WISCONSIN PROJECT ON NUCLEAR ARMS CONTROL
References
FOIA-90-4 NUDOCS 9004270100
Download: ML20034B400 (3)


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' RESPONSE Tf. NEDOM OF

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- MG mm INFORMATION Al'. -l v:A) REQUEST.

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PAhT 1.- AGENCY RECORDS RELEASED OR NOT LOCATED (See chec&ed bones)

No.g.ncy,eco,es sub-t to ihe,eauesi have been iocaied.

No.dd<i onai.gency,.c.,ds sun-i io ihe,e.wesi have been io,sted Requested records are aveiable through another puMc distribution prog am See Comments Secten.

Agency escords subiect to the sequest that s'e.dentAed on Appendatess are already available for pope especi.on and copvng m the NRC Public Document Room 2120 L Street. N W.. Washington DC 20656 Agency records subs ct to the; tequest it.at are cent f.ed on Append seesi are bemg made available for pu%c inspection and copymg m the e

NftC Pubhc Document Room, 2120 L $treet. N W., Washing 1on. DC. in a folder under this FOIA numt,er and stovestet name.

The norpropeie:ory vers 9n of the peo [sl that you apted to accept m a telephone conversation with a member of my sta'f es now beeng made svedable for public enspect.on and corpng at the NRC Public Document Room 2t20 L Street. N W.. Washington. DC. m a folde' unde. this FOIA numbee and etovester r.ame Agency recueJs sutsect to the rehest that are identifeed on Append niesi

,_may be inspected and copied at the NRC Loc 6' Pu%c Document Room dentifiec m the Commerts Section.

Enclosed is informapon en how you may obtain accias to and the charges foe copying records placed in 1he NRC Public Document Room. 2120 L St.eet NW.

_WeshwgC;C Agency raco'ds subie:) to the tequest are enclosed Records subject to the asest have been seiested to another Federal agencyt.es) for review and dieect resporese to you You wiB be bJted by the NRC for fees totaling 8 in view of NRC's response to this toquest, no further action 4 bemg taun un appealletiet dated

. No PART N. A-INFORMATION WITHHELD FROM PUBLIC 04 CLOSURE Certam mfo<mai on m the requested records is being withbeid feorn pubt.c d sclesure puiswant to the esempi.ons desenbed e ex fo, see easons stned m Pa 1 n. -

X sections 8 C. and 0 Any released po<tions of the documents foe wn.cn one, cart of the reco<d is being with*.eid are be.ng marse o aJae6e f oi punt.i; inspect.on and copying m the NRC Public Document Room. 2120 L St'eet. N W. Wash.ngton, DC en a foldet unde, this Foi A numbe< and eeovestae name COMMENTS i

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.9 StGNAy,&% 4+d<., 'OtRECTOB, OlVISION OF FR OM OF INFORMATION AND PUBLICATIONS SERVICES n7 i ( 9004270100 900418 7'. PDR FOIA 3 WEEKS 90-4 PDR i

FOIA -f#- DA,,APR 181990 Fft$EDOM OF INFORMATION ACT RESPONSE FOIA NUMBE R(S) - 4 PART N.8-APPUCASLE EXEMPTIONS R: cords subject to the r$qutst th$t tre discribsd on ths snclostd Appendix (1s) are being withhsid in their entirety or in part undet the (sernptions and for the reasons set forth below pursuant to 5 U.S C 552(b) and 10 CFR 9.17(a) of NRC Regulations.-

1. The withheld 6nformation is property classited pursuant to Enocutive Order (EXEMPTION 1)
2. The withheld information relates oolely to the internal personnel rules and procedures of NRC. (EXEMPTION 21
3. The withheld information is specifically espenpted from public disclosure by statute indicated. IEXEMPTION 3)

Sections 14 t 146 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerly Restucted Data 142 U.S C. 216121651 Secten 147 of the Atomic Energy Act which prohibits the disclosure of Unclassifed Safeguards informaten (42 U.S.C. 2167).

4. The withheld mformation is a trade secret or commercial W financialinformation that is bemg withheld for the reason (s) indicated: (EXEMPTION 41 The information is considered to be confidential business (proprietaryl information.

The mformation as considered to be propnetary information pursuant to 10 CFR 2.790tdH11. -l The information wu submitted and received in confidence pursuant to 10 CFR 2.790(dH2). l )(

6. The withheld informaton consists of mteragency or mtraagency records that are not available through discovery durmg litigation. IEXEMPTION $1. Applicable Pnvilege:

Dehborative Process: Disclosure of predecisionalinformation would tend to enhibit the open and frank exchange of ideas essential to the deliberative process. i X Where records are withheld in their entirety, the f acts are meatncably intertweed with the predecisionalinformation. There also are no reasonably segregable f actual portions because the release of the f acts would permit en endirect mouiry mto the predecisional process of the agency. Attorney work product privilege (Documents prepared by en attorney in contemplation of litigation I Attorney-client pnvilege (Confidential communications between an attorney and his her clent i I 6, The withheld information is exempted from pubhc disclosure because its disclosure would result M a clearly unwarranted invasion of personal pnvecy. (EXEMPTION 6) 7, The withheld information consists of records compiled for low enforcement purposes and as bemg withheld for the reason (s) mdicated. (EXEMPTION 7) I Disclosure could reasonably be espected to interfere with an enforcement proceth 1 acause it could revea; the scope. direction, and focus of en-forcement efforts. and thus could possibly allow them to take action to shield potent. 4 -ongdong or a violaten of NRC requirements f rom mvestigaiors. EXEMPTION 7 lAll Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7(Cl) The mformation consists of names of mdividuals and other information the disclosure of which could reasonably be emoetted to revealidentities of confidential sources IEXEMPTION 71011 .] OTHER 1 PART N. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b6 and/or 9 25 (ci of the U S Nuclear Regulatory Commission regulations. it has been determmed that the informaten withheld is esempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial are those officials identified below as denying officials and the Director. Division of Freedom of Information and Publications Services. Office of Admmistraten and Resources Management. for any densats that may be appepled to the Executive Director for Operations (EDOL DENYINC OFFICIAL TITLE / OFFICE RECORDS DENifD APPELLATE OFFICIAL h .k h + / ( bYY - k v v I PART N. D-APPEAL RIGHTS w The densal by each denying officialidentified in Part II.C may be appee6ed to the Appellate Officialidentified in that section. Any such appeal must be in writing and mu be made withen 30 days of receipt of this response. Appeals must be addressed as appropriate to the Evocutive Drector lor Operations or to the Secretary of the Commi U.S. Nuckar Regutetory Commission Washington, DC 20G5, and should clearty atste on the envelope and V 'ho letter that it is en " Appeal from en initial FOtA Decision." NRC FORM a64 (Part 2) U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

. -.. s .s. A Re: FOIA-90-4 h APPENDIX D RECORDS TOTALLY WITHHELD i NUMBER DATE DESCRIPTION & EXEMPTION 1. 7/22/77 Memo for J. R. Shea from C.- V.~ Smith -re: Draft Memorandum on Interagency Group for Nuclear Exports with annotations (1 page)- EX.~ 5 ( (. l h --,.s- .3-i.e. m ....r -}}