ML20044A047
| ML20044A047 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Comley S WE THE PEOPLE OF THE UNITED STATES (WE THE PEOPLE |
| Shared Package | |
| ML20044A048 | List: |
| References | |
| FOIA-90-152 NUDOCS 9006270341 | |
| Download: ML20044A047 (4) | |
Text
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8.pOCL RECULATORY OMMIS800N nac # oiA mov(61 avidet'sa.
1 FOIA 15.L I
m o.,M m.
RESPDNSE TO FRE DOM F
lnnat IX ** 3Aeb INFORMATION ACT (FOlA) REQUEST EY 21 M (0e.0 0
m oussfin
( PAhT 1.-- AGENCY' RECORDS RELEASED OR NOT LOCATED ISee checked bones)
No agency records subiect to the request have been located.
No additional agency records subsect to the request have been located.
Requested records are eveilable through another pubhc distribution program. See Comments Section.
~
Agerwy records subpct to the request that are identifed on Appendantes),_
are already available for pubbc mspection and copyng m the NRC Puhhc Document Room 2120 L Street. N W., Washington. DC 20555 l' Agency records suWt to the request that ars identified on Appendiatest E
are being made evadable for pubhc inspecten and copying m the iK NRC Pubhc Docuront Room. 2i20 L Street. N W., Washingto. DC. m a folder under thes FOIA number and requester name.
The nonproprietary version of the proposalts) that you egreed to accept m a telephone conversaten with a member of my staff is now being made evadable for pubhc irgspection and copyng et the NRC Pubic Document Room 3120 L Street. N W., Washington. DC. m a fonder undes this FOIA number and requester name.
Agency records subsect to the request that era edentified on Appendiatest may be espected and copied at the NRC Local Public Document Room identifed in the Comments Secten.
Enclosed is informet.on on how you may obtain eccess to and the charges for copying records placed m the NRC Pubhc Document Room. 2120 L Street. N W.,
Washeeton, DC.
Agency records subset to the request are enclosed.
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R. cords subeeci io the requ.si have be.n referred to enciner r.d.eai eg.ncyn.si fa, review and di,.ci r.spon.e to you.
You will be bdied by the NRC for fees totaling 6 in v6ew of NRC's response to thes request. no further action as being taken on appealletter dated
. No.
PART R. A-INFORMATION WITHHELD FROM PUSUC DISCLOSURE Cortem mformaten in the requested records is being withheld from pubhc disclosure pursuant to the esemptens described m and for the reasons stated in Part 11.
sections E., C. and D. Any released portions of the documents for whech only part of the record is being withheld are being made avadable for pubhc especten and
, copymg m the NRC Pubhc Document Room. 2120 L Street. N W., Washngton. DC.m a fo6 der under this FOIA number and requester name.
j COMMENTS W /n s
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,( a m A ATURE. DIRECJgR. DIV OF FREEDOM OF INFORMATION AND PU8uCATIONS SERVICES I
9006270341 900521 PDR FOIA COMLEY90-152 PDR w.,
mo u m m.., n.....
FTIA ' 15E DATi. W 21 *
' FREEDOM OF INFORMATION ACT RESPONSE rolA NUMBER (Sr PART t N APPLICABLE EXEMPTIONS Reccfds subject t; tia request that are described on the Cnciteld Appendists) _
ar) being withhild in theit entirety or in part under the bernptions and for the reasons set forth below pursuant to 5 U.S.C. b52(b) and 10 CFR 9.17(a) of NRC Regulations.-
i 1, The withheld information is property classified pursuant to E nocutive Order (EXEMPTION ti e
s
- 2. The wethheld information relates solely to the intomal personnel rules and peocedures of NRC. (EXEMPTION 21
- 3. The withheld informaten 6s specifically exempted from public disclosure by statute indicated itXtMPTION 31 Sections 141 146 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formetty Restricted Data 142 U S C. 216121661.
Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassited Safeguards information 142 U S C. 2167)
- 4. The withheld mformaten is a trade secret of commercial or fmancial information that is being withheld for the reason (s) mdecated. ((Xf MPTION 4)
The informaten is considered to be confidential butmess (proprietary) informat on.
The mformaten is considered to be proproctary informatico pursuant to 10 CFR 2.790(dH1).
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The mformaten was submitted and received 6n confidence pursuant to 10 CFR 2.790(dH2).
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- 6. The withheld enformaten consists of interagency or miraagency records that are not available through discovery during litigaten IExEMPTION 51. Appkcable Privdege:
, Deliberative Process Dischsure of predecisional mformation would tend to inhibit the open and frank enchange of ideas essential to the deliberative process.
Where records are withheld m their entirety, the f acts are mestricably intertwined with the predecisenal mformation There also are no reasonably segregable f actual portions because the release of the f acts would peemit an mdirect inquiry into the predecisional process of the agency.
Attorney work product privilege IDocuments prepared by en attorney en contemplation of htegation 6 Attorney -client pnvilege (Confidential communications between an attorney and his her client t l
- 6. The withheld informaten is enempted from public disclosure because its disclosure would result m a clearly unwarranted mvauon of personal pnvecy. (EXEMPTION 66
- 7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) mdicated. I!XEMPTION 7)
I Disclosure could reasonably be espected to mterf ere with an enforcement proceeding because it could reveal the scope direct on, and focus of on-i forcement offorts. and thus could possibly al.aw them to take acten to shield potential wrongdoing on a violation of NRC requeremer's ftom mvestigators J
EXEMPilON 7 IAlt 1
Disclosure would constitute an unwarranted mvesson of personal privacy (EXEMPTION 7(CH The information consists of names of mdividuals and other information the disclosure of which could reasonably be enoected to revealidentities of confidentist sources itXEMPTION 1 (DH OTHER r
4 LL PART N. C-DENYING OFFICIALS j
I Pursuant to 10 CFR 9 25tbl and/or 9 25 tel of the U S Nuclear Regulatory Commission regulations. it has been determined that the infotAation withheld is enempt '
3 rom production or disclosure. and that its production or disclosure is contrary to the public mterest The persons responsible for the denial are those of ficials identified j
below as denymg othcials and the Duector. Division of Freedom of information and Publications Services. Office of Admmistraten and Resources Management, for any
- l densats that may be appepled to the (mecutive Detector for Operat.ons iEDOI l
I DENYING OFFICIAL TITLE! OFFICE RECORDS DENIED APPELLATE OFFICIAL -
k g
i l
I PART I. D-APPEAL RIGHTS The denial by each denymg officialidentified in Part 11 C may be appealed to the Appellate Otheialidentified m that section. Any such appeal must be in wnt ng knd must I
be made within 30 days cf receipt of this response. Appeals must be addressed as appeopriare to the Esecutive Director for Operationa or to the Secretary of the Conynession,
]
U S. fduclear Regulatory Commission, Washogton. DC 20555, and should cleae;y s; ate on the eneix.s and m the letter that it is an " Appeal frorn an initial FOIA Decision."
NRC FC ftM 464 (Port 21 U S. NUCLEAR REGULATORY COMMtSSION FOlA RESPONSE CONTINUATION m
F01Ao90-IS2 (3rdPartial)
APPENDIX E h
RELEASED RECORDS
[
h Memorandum for David C. Williams from Kenneth M. Carr, 12/22/89, l
Request for Investigation (1 page) l'
-2.
Letter-to Judge Alan S. Rosenthal from Kenneth M. Carr, 12/22/89 o-Expiration of contract witis the NRC - (1_ page)
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1 3
1 i.
1
(
l'
FJ j
F01A-90-152 (3rdPartial):
c' APPENDIX F RECORDS DENIED IN ENTIRETY.
EXEMPTION 5 i
- 1. : Note to Bill Parler from Steve Burns, 10/13/89, Ltr to U.S. Attorney re: U.S.A. v. Stephen B. Comley, M.B.D. No.89-422 (D. Mass.); No.
89-1680 (1st Cir.)
4 pages j
- 12.. Memorandum f rom Myron Karman to Commissioner Kenneth Rogers on CR-90-190c
.i dated 12/18/89 3.
COMML/SIONERS' VOTE ON CR-89-190 SUBJ: LETTER FROM REP. PETER KOSTMAYER RE -Jt0GE ROSENTRAL'S STATEMENTS MADE CONCERNING KR. COMLEY i
a.
Commissioner Thomas Roberts' --12/18/89--! page b.
Commissioner Kenneth Rogers' --12/19/89--! page-c.
Commissioner James Curtiss'
--12/18/89--2 pages d.
Commissioner Forrest Remick's--12/18/89--1 page e.
Jim Fitzgerald (OGC)
--12/18/89--! page f.
Dennis Rathbun (GPA/0CA)
--12/18/89--! page
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