ML20043F718

Final Response to FOIA Request for Records.App E Records Available in Pdr.App F Record Partially Withheld (Ref FOIA Exemptions 1 & 5).App G Record Totally Withheld (Ref FOIA Exemption 1)

ML20043F718
Person / Time
Issue date:	05/02/1990
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Weeks J WISCONSIN PROJECT ON NUCLEAR ARMS CONTROL
Shared Package
ML20043F719	List: ML20043F718 ML20043F725 ML20043F729
References
FOIA-90-4 SECY-85-104, NUDOCS 9006180038
Download: ML20043F718 (5)

Text

U.S. NUCLEAR MGt/LATORY COMMIS$10N u s o,a u ovt st e.vust w FOIA - fo-f S

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INFORMATION ACT (FOIA) REQUEST W 2-M eee.e T6 GIT ~iiv5k^iGsi tot ow.< ew At Out sit R T,#,

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as-PART l.- AGENCY RECORDS RELE ASED OR NOT LOCATf D ISee chected bonest No agency ref.o'de subsect to the request have been located.

No e%tes' opency records avbsect to the sequest have been located.

Requested records are av6Aable throvph another publec d.st'Suison reog'am See Comments Section Agency escoros swh;ect to the eequest that o't edeel 8.e4 on Append.nlest NRC Pwblic Document Room 2120 L St eet. N W. Wash ngton. DC 20%5 sie ahea3r e.a.lable to' public enspecte and copyng m I' i

Agency setores tut ect to the request st at a e. cent f.ed on Append slesi-8 g

NRC Pwbic Document Room. 21N L Street. N W. Washington. DC. m a folder under th's FotA n mbee end ecovesie, name sie bemg wase avadable tot pwthc mspection end copymg en t* 5 u

The nonprope.ete*y we's on of the proposatist toet,cw agreed to accept e a telephone converssi.on with 4 member of my staff is now bemg roa especuon and comeg at the NAC Pwbl.( boc ument Room 2120 L Stieet. N W. Washagton. DC. e a folde' unde th s FOIA n mbee and seawester rame u

Aper cy eecords suttect to the teQwest trat s', ident f.ed on Ac+eac n'esu e the Comme ts Section

-_may be espetted a% cop.ee at the NRC Loca' Pwb'< Document Room iden1 Ae !

inclosed is enformat.on an hen you arey obtain access t-o and the cha.ges for cosymg records placed in the NRC Pubhc Doewment Room. 2120 t Street NW.

Wa shegt on. _DC.

Agency recoids sutqect to the teovest 4 e enclosed Records subsect to the reg.est have been iefereed to anothe' fede*a' agencyt.est ta' rere* and di'ect response to you You will be bet?ed by the NRC for fees totaheg i in view of NRC's response 10 this reques1. no fu thee acte s being taken $n oppe4Mette' dated r

. No PART 11. A-IVORMATION' WITHHELD FROM PUBLIC DISCLOSURE Ce<14.n efoemat.on m the eeowested sewds is ben aithread kom pwbiac o scksse pwwant to the ene*.ct.ons descobed in sac fo. t*e veasoes stated e Pe soci.oas 8 C and D An e reiessed po<ticas o' the socw'aems to'. Washepson_ DC in a foue' wnde' this 80iA n mbe and rea cocyme e the NRC Pubi< Document Room. 2170 t $t'eet. N W u

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$1C A6. %, DOM Of NORMATION ANO PUBUCATIONS S(RVIC13 41 w

l 9006100038 900502 PDR FOIA WEEKS 90-4 PDR

F OlA - 9 A' Y MAY 3 - 1990 4 FREEDOM OF INFORMATION ACT RESPONSE Foia NUMetRstsi:

DATE:

PAQT ll.B-APPLICABLE EXEMPTIONS --

I h are being withheld an their entirety or in part under the IDords SubMCl to the roQuest that Ort de%Crabed on the enclosed Appendes(est (seffiptions arid for the rea$ons set forth below pursuant to 5 U S C. 552M and 10 CF R 9.17(a) of NRC Regulations.

1. The withheld informaton is property classified pursuant to Enocutive Order (EXEMPTION 1) 2, The withheld informaten reJates solely to the internal personnel rules end procedures of NRC. (EXEMPTION 2)

3. The withheld enformation is specifically exempted from public disclosure by statute mdecated; (EXEMPTION 3)

Sectens 14 t'146 of the AlothC Energy Act which prohibits the disclosure of Restricted Data or Formerly Restected Data (42 U S C 216121661 Secten 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information 142 U.S C. 2167L

4. The withheld inforer.Jten is a trade secret or CommerClel or fmancial mformeten that is being withheld for the reason (s) mdicated (EXEMPTION 41 The informaten is considered to be confidential busmest lpropnetary) oformatiott The information is considered to be propnetary information pursuant to 10 CFR 2.790tdHl)<

The mfoemation was submitted and received m confidence pursuant to 10 CFR 2 790tdi(2L g

6. The withheld information consists of mteragency or miraegency records that a e not avaiiable through disravery during litigation IExtMPTION 61. Apphcable Pnvilege-Deliberative Procass; Disclosure of predecisenal mformation would tend to muebit the open and trank enchange of ideas essential to the debberative process.

X Where records are withheld 6n their entirety. the f xts are mentocably etertwmed with the predecisional mformation There also are no reasonably segregable f actual portions because the release of the f acts would permit an mdirect movoy mto the predeCisional pror.tsa of the eqency-Attomey wortproduct privilege (Documents prepared by an attomey in contemplation of titigation i Attomey -client pnvilege (Confedenhal communications between an attorney and his her clicht )

6, The withheld mformaten is smempted from public disclosure because its disclosure would result m a clearly unwananted mvation of personal pnvecy (EXEMPTION 61

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

Disclosure could reasonably be espected to mterfere with an enfortement proceedmg because it cou.d reveal the scope. disection. and focus of on-torcement of forts, and thus could possibly allow them to take action to shield potentiar wrongdomg or a violateor of NRC requirements fro n investigators E XEMPTION 7 (Ali Disclosure would constitute an unwarranted mvasion of personal pnvacy (E)rEMPTION 7(CH The mformation consists of names of mdividuals and other mformabon the disclosure of which could reasonably be emoccted to reveal utentit es of confidential sources (EXEMPTION 7 (Du Other PART 11. C-DENYING OFFICIALS

- Pursuant to to CF A 9 26tbl and or 9 25 (cl of the U S Nuclear Regulatory Commission regulations. it has been determined that the information withheld is esempt from producten or disclosure and that its production or disclosure is contrary to the public interest The persons responsible for the denial are those of ficials identified below as denymg othesais and the Daector. Division of Freedom of Information and Pubhcations Services Ofbce of Admmestration and Resources Management, for any denials that may be appepled to the E xecutive Director for Operations IEDO)

DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE OUICIAL n MA

1. A 24.. Ow P d H //

"'"Y e

1 PART 11. D-APPEAL RIGHTS The denial by each denymg of ficialidentified in Part il C may be appealed to tne Appellate Official identified m 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 E secutave Dwector for Operations or to the Secretary of the Commission.

U S. Nuclear Regulatory Commission Washingttai. DC 20555. and should Clearly state on the envelope and in the lettet that it is an " Appeal from an initial FOIA Decision.'

mc tow e44 tee" h U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

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-RECORDS BEING PLACED INTO THE PDR UNDER THE ABOVE REOUBST NUMBER o

NUMBER DATE DESCRIPTION 1.

2/27/89' Letter.to P. Freedenberg from L. W.

Zech, Jr., re:. Export of supercomputers. (1 page) t i

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FOIA-90-4 APPENDII F RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION 1.-

3/22/85-SECY-85-104 " Delegations of Authority in Export-Related Areas" with.' enclosures (15 pages) EX. 1&

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APPENDIX G:

RECORDS TOTALLY WITHERId2 g.

ppgggg pgTg DESCRIPTION & EXEMPTIOM 1.

8/18/77 SECY-77-443 " Interagency-Subgroup on Nuclear. Export Coordination"-(12.

pages): EX. 1 9

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~ WisedN~sidYroject

' on Nuclear Arms Control' Gary Milhollin.

Profeuor Univenity of Waconsin School of Law Director -

January 3, 1990 FREEDOM 0F INFORMATION Mr. Donnie Grimsley

[OM -%.

-Freedom of Information Office.-

U.S. Nuclear Regulatory Commistion hh/~d-fd Washington,-D.C. 20555

Dear Mr. Grimsley:

tion Act I hereby request' Pursuant to the Freedom of Informa disclosure-of the following information relating'to'the Subgroup on Nuclear Export ~ Coordination (SNEC),. created'under from the United States:

the participation of'NRC as a member of the SNEC NRC's position on the procedures of the SNEC o

NRC's participation in establishing or modifying the o

-o-procedures of the SNECNRC's participation 'in the establishment and revisio

-othe nuclear referral list the preparation of NRC's-position'on cases before the o

the procedures and guidelines (formal'or informal) by

~SNEC which the SNEC conducts its meetings and arrives at o

decisions-on the cases submitted for its review.

If you regard any'of these records as exempt _from required disclosure under the Act, I request that you exercise yourIf you determine that 1 discretion to disclose them nevertheless.

portions of these records are exempt from disclosure, pleas authority for the exemption and the reason why the exemption I applies.to each portion of the specific material withheld.a3

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.make the: remainder of the documents available.

$ el1 22, a

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r iV fGV Pro}ect o we:

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1900 L Street, NW, Suite 601 Washinston, DC 20036

,. Telf 202 223 8299 FAX:202 223 8298

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I further request that you disclose these materials as they-become available to you without waiting until all the documents

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have been assembled.

Because of the need for'these documents in research now being conducted, please indicate when the bulk of m-the documents requested will be available.-

In addition, please provide' monthly reports of the progress of your search.

I am-making this request on behalf of the-Wisconsin Project

.on Nuclear Arms Control, which operates under the auspices of the University of Wisconsin, a non-profit,-tax-exempt public university.

The Project will make the information requested' here freely available to scholars working in the arms control field and to the public.

~

Accordingly, I request that, pursuant to 5 U.S.C.

Sec. 552 (a)(4)(A),-you waive all fees because the furnishing of the information sought by this request will primarily benefit the public.

Should-you need further information concerning the Project or this request, please telephone me at (202) 223-8299.

If you should decide not to waive fees, please inform me of the specific basis for such a decision.

I look forward to having-a response within ten working days, as required by the Freedom of Information Act.

Sincerely yours, f

Jennife Weeks e

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