ML20043C582
| ML20043C582 | |
| Person / Time | |
|---|---|
| Issue date: | 04/09/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Sholly S MHB TECHNICAL ASSOCIATES |
| References | |
| FOIA-90-16 NUDOCS 9006050353 | |
| Download: ML20043C582 (3) | |
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RESPO SE TO FR O
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INFORMATION ACT (FOIA) REQUEST
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APR oocm enaw,.9 - 1990 caeco
,,~.e atOut51&a Steven C. Sholly PART 1.- AGENCY RECORDS RELE ASED OR NOT LOCATED t$ce checAed boness No agency mords subject to the request have t>een located No additional agency records subsect to the reavest have been located Requested records see avadable through anothee pubisc destribution program See Comments Section.
Agency seco*ds subject to the sequest that aie identif.ed on Appendistest, are already available fo' publeC espection and copeng en 14 NRC Nbi*c Document Room 2120 L Street. N W. WasNngton. DC 20555 Agency vecords sub ect to the request that e e ident f ed on Append niesi A
a,e bemo made e,siiaeit vo, pubhc,specison and co,,m, m tse i
X NHC Pubhc Document Room. 2120 L Stieet. N W. Wa:Nngton. DC. in a folder unde < tbs FOIA number and eenvestee name.
The nonpropf. eta'y version of the proposalist that you agreed to accept m a telephone conve'. sat.on with a member of my staff is now being made repecuon ard cor,,ng.i the NRC eubisc oocumeni aoom 2i20 t si,eet. N W. WanNngton oC..n a voide, oedes ihis FoiA nombe, and,covesie, r.ame i
Agency feco*ds tut 4ect to the feQvest that ase ident, feed on Artend iMsi may be espected and cop.ed at the NRC Local Pubhc Document Room identif.ec
.n the Comme. is sen.on Enclosed is mformat.on on how you may obtain access to and the charges for copyme records placed m the NRC Public Document Room. 2120 L St'eet. N W.
Washmgion. DC-Ag.ncy,eco,ds sub,eci io the,eavesi a.e.ncic. sed neco,ds sob,eci io e.e,eaveto.a., be.n,efe,,ed io anoihe, rece.a agencyi.esi f,,e e* and di.eci,es-se io you X
Y*u *d' 6' bdd 6v th' N aC 'a' " ' ** ' E-* 3I-in view of NRC s response to tNs r6 quest, no furthe# action is bemg tasen on appea! 6etter dated No PART 14. A-INFORMATION WITHHELD FROM PUBlic OtSCLOSURE Certam mfoemation m the requested *ecoeds is being withteld teom pubhc d.sclosv's ev'svant to the esempt.ons desc' bed in and lov the seasor's sigted m Pa*t il sections B. C, and O Any released portions O the docen ents f ot *Nch only r#1 of the #eco'd is being withheld ase being trace awa.:abie for pubhc iespecica and X
copying m the NRC Pubhc Document Room. 2120 L Street. N W. WasNngton. DC e a loider u de' ins FotA numbee and seovestee name n
COMMENTS
.The fees associated with the processing of your F01A request are as follows:
i Professional Review - 9 hours1.041667e-4 days <br />0.0025 hours <br />1.488095e-5 weeks <br />3.4245e-6 months <br /> = $223.92 Total = $223.92
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SgTvRt. oiReCionoiviSio or RetooM of INFoRMATIoN AND PUBLICATIONS SERVICES WM ff mk 1
9006050353 900409 PDR FOIA SMOLLY90-16 PDR
APR 9 - 19M FREEDOM OF INFORMATION ACT RESPONSE FoiA NuMaERsu FTIA 16 DiTE PART lt.R-APPUCABLE EXEMPTIONS Records subject 15 the teQuest that are described on the enclosed Appendixies) _ -_ A _-.,, being wihhad in ine,, eni,,eiy o, in p;n unde, the Exemptions and for the reasons set forth below pursuant to 6 U S C. 552(b) and to CFR 9.17tal of NRC Regulations.
- 1. The withhold mformat on la property classified pursuant to Executive Order ftXEMPTION il
- 2. The withheld information relates solely to the intomat personnel rules and procedures of NRC 1 EXEMPTION 21
- 3. The withheld information la specifcaliy esempted from public disclosure by statute indicated (EXEMPTION 31 Sectens 141 146 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerly Restncted Data (42 U S C 216121661 Section 147 of the Atome Energy Act which psihibits the destlosure of Unclassified Safeguards Information 442 U S C 2167)
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- 4. The withheld mformation is a trade secret or commercial or fmancial mformation that is being withheld for the reesonisl indicated: (EXEMPTION di The mformation is considered to be confidential business Iproprietary) snformation.
The infonnation is considered to be propnetary mformation pursuant to 10 CFR 2.790tdHIL The mformation was submnted and received m confidence purnant to 10 CFR 2 790tdH2L J
- 6. ihe withheld mformation consists of mteragency or mtraagency records that are not evadable through discovery during litigation (EREMPil0N 6L Applicable Privilege:
Deliberative Process: Disclosure of predecis onalinformation would tend to inhibit the open and frank enchange of ideas essent#81 to the delsberative process X
Where recoids are withheld m their entirety. the f acts are inextricably mtertwmed with the predecisional mformation. There also are no reasonably segregable f actual portens because the release of the f acts would permit an mdirect inquiry into the predecisional process of the agency.
Attornay wo+ product pnvdege (Documents prepared by an attorney ir contemplation of litigation i Attorney - client privilege (Confidential communications between an attorney and his her client i
- 6. The withheld information is enempted from public disclosure because its disclosure would result m a clearly unwananted evenion of personal onvecy (EXEMPfl0N 61
- 7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7)
Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could reveal the scope. direction and focus of en forcement offorts, and thus could possibly allow them to take action to shield potential wrosyfomg or a violation of NRC requirements from investigators EXEMPTION 7 IAH Disclosure would constitute an unwarranted mvasion of personal pnvacy IEXEMPTION 71C))
The informat on cons sts of names of individuals and other information the disclosure of which could reasonably be enoected to revealidentities of confidential sources (EXEMPTION 7 IDH Other PART H. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b) and or 9 25 tc) of the U.S Nuclear Regulatory Commission regulations. it has been determined that the information withheld is exempt
~ from production or disclosure. and that its prosiuction or disclosure is contrary to the publiC interest The persons responsiDie for the dental are those of fiClais identified beliw as denymg of ficials and the Director. Division of Freedom of information and Publications $ervices Of fice of Administratron and Resources Management for any deniais that may te appealed to the Executive Director for Operanons IEDOI DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL ExeCut3ve Director for
_sEARETARy EDO Mr. James M. Taylor Operations Appendix A X
PART 11. D-APPEAL RIGHTS The denial by each denying officialidentified in Part Il C may be appealed to the Appellate Officialidentified in that section. Any such appeal must be m wnting and must be made withm 30 days of receipt c< this response. Appeals must be addressed as appropnate to the Executive Director for Operations or to the Secretary of the Comnussion.
U.S. Nuclear Regulatory Commission. Washingtor-DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from en initial FOIA Decision
- amc ponal 4s4 e.rt 21 U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION
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Re: F01A-90-16
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APPENDIX A
- f RECORDS BEING WITHHELD IN PART 4
z 1.
5/24/89-Memorandum from Victor Stello, Jr. to Chairman Zech and:
Commissioners with enclosures. (33 pages).
i Portions Withheld - Exemption 5 j
1 2.
6/8/89' Memorandum from James M. Taylor to Those on Attached List with enclosures (17 pages)
Portions Withheld - Exemption 5
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