ML20044A147
| ML20044A147 | |
| Person / Time | |
|---|---|
| Issue date: | 05/25/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Arndt C ARNDT & ARNDT |
| References | |
| FOIA-90-123 NUDOCS 9006280126 | |
| Download: ML20044A147 (2) | |
Text
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= mm IN RESPONSE REFER TO F0!A-90-123 Christopher P. Arndt, Esquire Arndt & Arndt 777-14th Street, NW, Suite 707 Washington, DC 20005-3201
Dear Mr. Arndt:
This is in response to your letter dated March 15, 1990, in which you requested, pursuant to the Freedom of Information Act (FOIA), copies of 3
all correspondence sent by Stocker & Yale, Inc., or Mr. James Bickman concerning the firm of Marathon Watch Company Ltd., or Marathon Management Company from December 1, 1989 to present.
i In accordance with U. S. Department of Justice guidance and FOIA case law, the NRC will neither confirm nor deny the existence of records when it receives a third-party request under the FOIA for records regarding allegations by a i
named individual or under circumstances for which allegations.by a named source are implicit or records on named individuals who are the subjects of investigations.
The exceptions are:
(1) when the third-party subject of a request has provided the requester with a written, notarized waiver of his orherprivacy(2)ghts,whichinturnisprovidedtotheNRCwithregardtothe ri FOIA request; when the NRC is aware of the third-party subject's death; (3) when the NRC is aware of official public confimation by the Federal Governmen.t that the third-party subject was or is the subject of a federal investigation related to NRC activities; or (4) when the third-party subject has publicly disclosed his or her contacts with the NRC.
In the absence of, any of the above exceptions, the V. S. Department of Justice has advised the NRC to neither confim nor deny the existence of such records and to claim Exemptions (7)(C) and (D) of the FOIA as the legal bases for this action.
Accordingly,yourrequestisdeniedpursuanttoExemptions(7)(C)and(D))of theF0IA(5U.S.C.552(b)(7)(C)and(D)and10CFR9.5(a)(7)(iii)and(iv of the Comission's regulations, from this response letter you should not assume that the NRC does or does not maintain records within the scope of your recuest.
Pursuant to 10 CFR 9.25 of the NRC's regulations, it has been determined that this denial is in the public interest.
The person responsible for the denial of the request is the undersigned.
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g32g6900525 hRNDT90-123 PDR
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, Christopher P. Arndt Esquire.
L This denial may be appealed to the NRC's Executive Director for Operations I
within 30 days from the receipt of this letter. As provided in 10 CFR 9.25, any such appeal must be in writing, addressed to the Executive Director for Operations U. S. Nuclear Regulatory Commission Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal l
from an Initial F01A Decision."
fpens$ $
Donnie H. Grimsley, Director l
Division of Freedom of Information l
and Publications Services Office of Administration 1
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