ML20045D082
| ML20045D082 | |
| Person / Time | |
|---|---|
| Issue date: | 04/12/1993 |
| From: | Harris C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Desiree Davis PLAIN DEALER, CLEVELAND, OH |
| Shared Package | |
| ML20044B499 | List: |
| References | |
| FOIA-93-133 NUDOCS 9306250310 | |
| Download: ML20045D082 (3) | |
Text
U.63. NUME AN WLGvAA10HY COMMiniON NHC F Ql A HtOUE51 NUYt$E HM 3
FOIA 133
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RE SPONSE TYPE j 1'4/ f id*j is y r
RESPONSE TO FREEDOM OF x lnsat I l e^ati^t INFORMATION ACT (FOIA) REQUEST o^15
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APR 12 B33 DOCKE T NUYBE RISI (/t apphcahic/
R E QUE ST E R Dave Davis PART l.-AGENCY RECORDS RELE ASED OR NOT LOCATED (See checkea boxest No agency records sub;ect to the request have been loc ated No additional agency recos ub ect to the requut har been lor.ated.
f Requested records are avadab:e through another pubhc distribution program. See Comments section.
Agency records subject to the request that are idert;fied in AppendNfes) are a! read y avadable for pubbe inspection and copying at the N HC Pubhc Document Room,2120 L St eet, N.W, Washington, DC.
Agency records sub; pct to the request that are ider'ti'ied in Append.nles) are being made avaMable for pubhc inspection and copying at the NRC Pubhc Document Roo n 2120 L Street, N W., Washington, DC, m a fofdct under tNs FOl A number.
The nor propnetary version of the oroposaMs) that you agreed to accapt in a telephone conversation with a member of my staff is now being made avadabte f or pubut inspection and copymg at the N RC PubLc Ducument Room. 2120 L Street. N.W., Washington. DC, in a folder under this F OI A number.
Agency records subject to the request that are identified in Appendixfes) may be inspected and copied at the NRC Local Public Document Room identified in the Comments section.
Enclosed is miormation on how you may obta<n a; cess to and the charrs f or copymg records located at the NRC Public Document Room,2120 L Street, N W, Washmgton, DC Agency records subject to the request are enciosed.
Records subject to the request have been referred to ar:other f edera! arncybes) for revew and direct response to you.
Fees You wdl be bd ed by the N RC for fees totahng 5 You adl receive a refund from the N RC m the amount of S in view of N R C's r5 ponse to this request, no further act ton is t,emg taken on appea! letter dated
,No P ART 11. A-INFORMATION WITHHE LD FROM PUBLIC DISCLOSURE Certain inf c,rmation in the reauested records is bemg withreid from pubhc disclosure pursuant to the exemptions described in and for the reasons stated
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in Part II, B. C, and D. Any reieased portions of tne docun>ents for which only part of the record is beir g withheld are being made available for public inspection and copying in the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC m a folder under this FOI A number.
COMM E NT S This Completes NRC's action on your FOIA request.
SIGN A T u r R Ci m. DM5iO Of f-RE E DOM OF Ir;F ORM ATION AND PUBLICA TIONS LE RVICE S kwt,c u
9w 9306250310 930412 PDR FOIA DAVIS93-133 PDR
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FOIA NUMBEfMs1 DATE V
RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 133 ApR 121993 (CONTINUATION)
PART 11.B-APPLICABLE EXEMPTIONS A
are being withheld in their entirety or in part under the Records subject to the request that are described in the enclosed Appendix {est Emernption No.(s) and for the reason (s) given below pursuant to S U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations.
- 1. The withheld enformation is properly classified pursuant to Executive Order. (Exemption 1}
- 2. The withheld mformation relates solely to the internal per$0nnel rules and procedures of NRC. (Exemption 2)
- 3. The withheld enformation is specifically enempted f rom pubhc disclosufe by statute indicated. (Exemption 3) 141145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Hestricted Data (42 U.S.C. 21612165L Sections Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassdeed Safeguards information (42 U.S C. 2161).
4 The wrthheld inf ormation is a trade secret or commercial or financial inf ormation that es being withheid for the reason (sf indicated. (Exemption 4) 4 The information is considered to be confidential busmess tproprietarys mformateon m.
The mformat.on is considered to be propnetary mformat on pursuant to 10 CF R 2 790idnil The informat.on was subm.tted and received m confidence pursuant to 10 CIR 2 790idl82i e?
5 The withheld enformateon consists of mteragence or intraagency eetoras treat are not er,adatur menue discoser, dunng hiegat>on (Exemption 5). Apphcable Pnvilege.
Debberative Process. Disclosure of predeces.onal mformation would tend ta inhitut the open and fraM cachange of edeas essential to the dehberative proc ess.
Where records are withheld in their entaety. the f acts are ene atncabiv intertwined with the predecis.onal mf ormat.on There also are no reasonably seyegable f actual portions because the re+ ease of the f acts would permit an indirect enouniv into the predecitoonal proces,s of the agency Attorney won product pr+4ege (Doc uments prepa'ed by an attorr.ev rr c nntempf annn of htigation i Attorney-chant privdege. IConfident:al communications between an attorney and his'ber chentJ Or' is esempted hem pubhc d'sClosJte because its disciosu e wou d resutt m a clear;y u wananted mvasion of personai pnvacy (Exemption 6) r i
n 6 The w thheld mformat:
- 7. The wcthheld information consists of records comoded for iae enforcement purposes and =s t*ceng *ethheed for the reasonist indicated (E xemption 7)
I D4 closure could reasonably be emoected to mterfere with an enforcement proceed ng because et could reveal the scope, d:rection, and focus of
' enforcement ef forts, and thus could poss.bly allow rec >p ents to take action to shield potent.al wron#ome or a violat:on of NRC requ rements 1 from mvestigators (Ememotion 7 f All Otsclosure wouid constitute an ur'* arranted invas on of personal pnvecy (Esemp* ion 7(C))
could reawnat6 be e n oected to reveal identet.cs of e! enf orrration tnt- +st suson ni *rn The inf ormation consists c,f names o' indwdes and ein confidentrai sources. (E xemption 7 (Dil 01MEH PART 11 C-DENYING OFFICIALS Regu asory Comm ss,on regAa1 ons it ha been determined that the information withheld ts enempt from pro Pursuaat to 10 CF H 9 25N and or 9 25tc) of the U S Nuc ear r
The persong responsible for the den,al are those of fic. ass ident'fsed be'ow as denymg duction or otsclosure, and that its production or daciosure is cont art to the pubhc mie*st D:v;s:on of Freedum of In'ormation and Pubi tat <ons Services. Othee of Admsn straonn. for any denists that may be appealed to the E xecutive Darctor of ficiais and the D. rector.
i for Operat4ons IEDOI DENYtNG OFFICIAL TITLEcOFFICE RECORDS DENIED APPf LLATE OFFICIAL Regi6n T Administrator A/1 - A/2
-EDo SECRETARY IG John B. Martin Region V X
Director, Office of Nuclear A/3 - A/4 - A/5 X
Robert M. Bernero Mater 1a1 Safety & Safeguards PART 11. 0- APPEAL RIGHTS The deniai by each denying officist identif ted in Part il C may be appealed to the Appellate Official identified there. Any such appeal must be made m writing within 30 days of receip of this response. Appeals roust be addressed, as appropnate, to the E xecutive Direcior for Operations, to the Secretary of the Commission, or to the inspector General. U S. Nu t
Regulatory Comm4s;on, Washmaton, DC 20555, and should clear!y state on the envelope and m the letter that it is an " Appeaf from an initial FOf A Decision."
U S. NUCLE AR REGULATORY COMMISSION NRC F ORM 464 (Part 2) (1-911 f
Re:
FOIA-93-133 APPENDIX A DOCUMENTS BEING WITHHELD IN PART NUMBER DATE DESCRIPTION 1.
07/04/90 Report from Carol S.
Marcus entitled,
" Breast-Feeding Following Administration of 5 mC1 NaI-131 for Metastatic Survey" (17 pages)
Exemption 6 2.
07/06/90 Report from Carol S.
Marcus en ti t. led,
" Breast Feeding Following Administration of 5 mci NaI-131 for Metastatic Survey" (14 pages)
Exemption 6 The enclosed MIRD Primer Dose Estimate Report No. 5 is protected by copyright.
Therefore, it is not being released.
(8 pages) 3.
07/06/90 Draft Report from Carol S.
Marcus entitled, "Dreast-Feeding Following Administration of 5 mC1 NaI-131 for Metastatic Survey" (6 pages)
Exemption 6 4.
03/02/92 Letter from Richard E.
Cunningham to Carol S.
Marcus (2 pages)
Exemption 6 5.
03/10/92 Letter from Carol S.
Marcus to Richard E.
Cunningham (4 pages)
Exemption 6 i
i i
.