ML20043E223

Final Response to FOIA Request for Records.Records Referred to Another Federal Agency for Review & Direct Response.App a Record Withheld (Ref FOIA Exemption 1)

ML20043E223
Person / Time
Issue date:	04/25/1990
From:	Philips J NRC OFFICE OF ADMINISTRATION (ADM)
To:	Leventhal P NUCLEAR CONTROL INSTITUTE
References
FOIA-90-83 NUDOCS 9006120176
Download: ML20043E223 (3)

Text

U.S. NUCLLAR REOULATORY COMMntlON siac # oia af out 61 esowet esti y

'l FOIA -

90-83

%eg -

p(

/-

/

nis.os m vm -

RESPOVSE T, FREEDOM OF l 'u l l eiat INFORMATION ACT (FOIA) REQUEST

--\\ cess

_DoCai f svvutt Ri$i s' app 6 ceases APR 2 Ugge e

Me OVt Elt h Mr. Paul Leventhal PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked bonesl No agency secords subsect to the request have been located.

No odd #tenal agency records sut9ect to the request have been located.

Requested records are available through another public distribution prog'am. See Comments Secten.

Agerty escords subs ct to the sequest that a'e identAed on Appendalest are already available for public mspection and et,pyeg m the e

NRC Putec Document Room 2t20 L Street. N W.. Wa:Nngton. DC 20566 Agency records subs ct to the sequest that s'e identAed on Append a tesi are t*ing made aveitable fo# pubhc inspection and copymg m the e

NRC Public Document Room. 2120 L Street. N W. WasNegton. DC. m a folder undes tNs FOlA numtier and requester name.

The nonpropeietary version of the propos4 tis) that you agieed to accept m a telephone conversation with a member of my staff is now being made avedable fos pubhc inspection and copymg at the NRC Pubhc Document Room 2120 L Street. N W Wa:Nngton. DC. m a folder undei tNs FOIA numter and reovester name Agency records sutoect to the teouest that ait identified on Aopend s'est

_may be inspected and copied at the NRC Local Public Document Room identified in the Commeris Section Enclosed is information on how you may obtain access to and the charges for copymg recorre placed m the NRC Public Document Room. 2120 t Stieet, N W.

Washegion. DC.

Agency ter.ovde subrect to the request are enclosed Records subsect to the sequest have been referred to another Federal agency (est for review and duect response to you You will be billed by the NRC for feet totaling 4 in view of NRC's response to tNs request, no further adion is being taken on appeallettet dated No PART 11. A-INFORMATION WITHHELD FROM PUBLIC OtSCLOSURE s

Certam elormation in the teauested iecords is being withheid f om pubiic d'sciosu e puiswant to the esemptions desced in and foi the reasons siaied m pa,i a r

sections 8. C. and D Any reisawd cortions of the documents f or which ontv part 01 the record 4 being withheid see t,eing rease asadabie f or public inspection and

)(

copV'"g in the NRC Putec Document Room. 2 20 L Street, N W. Washmgton. DC in a foider under this FOIA numtier and reauester name COMMENTS

• There are no fees associated with the processing of this request because search time was within the limits provided free.

W h

i SIGNATUR CTOR. DIVISION OF FREIDOM OF INFORMATION AND PUBLICATIONS SERVtCES i

9006120176 900425 PDR FOIA LEVENTHA90-83 PDR

FREEDOM OF INFORMATION ACT RESPONSE FoiA NUueERs'l:

F PIA 90-83.

APR 2 51990 '

DATE:

PART 5.8-APPLM 8 EXEMMION4 Records subject ti the request that are described on the enclosed Appendiates) _ _d '

st; being withheld in their entirety or en part undet the

? Esempt, sons and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(al of NRC Re0ulations j; 1; The withheid informat6on is property classif'ed pursuant to Enocutive Order (EREMPTION 11 u>

S The w6thheld information relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 21

3. The withhold information is specifically esempted from public disclosure by statute mdicated: (EXEMPTION 31 Sections 141146 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerly Restricted Data 142 U.S C. 21612166L Section 147 of the Atomic Energy Act which prohMts the cesclosure of Unclassifeed Safeguards informaten (42 U.S C. 2167)

4. The withheld information sa e trade secret or Commercial or hnancial mformation that is being withheld for the reason (s) mdicated. (EXEMPTION di The information 6s consHerod to be confedential busmess (propnetary)information The mformaton is considered to tse proprietary informaten pursuant to 10 CFR E 790(dit11.

The informaten was submitted and received in confidence pursuant to 10 CFR 2.790idl(2L

5. The withheld information consists of interagency or witraagency records that are not avaelatue through (tescovery dunng litigation. (E XEMPTION 61 Aposicabie Pnvile Deliberatwo Process: Disclosure of predecisional mformateon would tend to inhibit the open and frank exchange of ideas essential to the deliberative process.

?

Where records are withheld in their entirety, the facts are meatncably mtertwmed with the predeciseonal mformation. There also are no reasonably segregable f actual por; ions because the re6 ease of the facts would permit an endirect mqusry into the predecisienal piccess of the agency.

Attorney work. product pnvilege (Documents prepared by en attorney in contemplaten of litigation]

Attorney -client privilege IConfidential communications between an aticer.er and Na hes client i

6. The withheld information is enempted from public disclosurs because its disclosure would result m a clearly unwarranted mvasion of personal pnvecy. (EXEMPil0N 61 7, The withheld tnformaten consists of records compiled for law enforcement purposes and is being withheld for the reasonis) indicated tEXEMPTION 71 Disclosure could reasonably be espected to mterfere with an enforcement proceeding because it could reveal the scope, direction. and tocus of en-i forcement of torts. and thus could possibly allow them to take action to shield potentral wrongduing or a violation of NRC requirements from evestigators.

F XEMPTION 7 lAll Disclosure would constitute an unwarranted mvasion of personal pnvacy (EXEMPTION 7(Cil f

The mformaten consists of names of mdividuals and other mformation the disclosure of which could reasonably be etoected to seveat identit.es of confidential sources IEXEMPTION 7 (Dll Other e

PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(bl and/or 9 25 (c) of the U S. Nuclear Regulatory Commissen regulatens. It hais been determined that the mformaton withheld as exempt from production or disclosure. and that 61s production or disclosure is contrary to the pubhc mierest. The persons respunsible for the denial are those officials identifeed below as denyng officials and the Director. Divis on of Freedom of information and Publicatens Services. Office of Administration and Resources Management. for any denials that may be appeped to the Esecutive Director for Opeistions IED01

- DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SECRETARY EDO l1nhn Hnylo Aesistant $9ergtany fne the A /1 Y

Commission f

PART H D-APPEAL RIGHTS The denial by each denyng officialidentified in Part li.C may be appealed to the Appellate Officialidentified in that section. Any such appeat must be m wntmg and must tra made within 30 days of receipt of this response Appeals must be addressed as appropriate to the Esecutive Director for Operations or to the Secretary of the Commission.

U.S. Nuclear Regulatory Comrrussion. Washogton, DC 20$$$. and should clearfy state on the envelope and m the letter that it is an " Appeal from an inetial FOIA Decision."

sec tonne as4 (Pert a -

"S **'

U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

-1 1

i d

.l Ret FOIA-90 ^

APPENDIX A--

RECORDS TOTALLY WITiHIELD s

NUMBER DM'E DESCRIPTION & EXEMPTION

=!

1.

7/19/C" Letter to N. Platt from S. J. Chilk-(4 pages)-EX. 1 I

1

-]

1

-l i

!