ML20045D634
| ML20045D634 | |
| Person / Time | |
|---|---|
| Site: | Brunswick  |
| Issue date: | 04/22/1993 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Gilinsky V AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20037D496 | List: |
| References | |
| FOIA-92-436 SECY-81-418, SECY-83-465, NUDOCS 9306290247 | |
| Download: ML20045D634 (4) | |
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U.S. NUCLEAR REGULATORY COMMISSION unoJihT@o EFE0VeTAM FOIA 436 g'..u,YO.hyd ntseoNsc TyeE RESPONSE TO FREEDOM OF I mat lx l eaaTiat 3
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INFORMATION ACT (FOIA) REQUEST APR 2 21993 mE d' / 7
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DOCKE t NUMBL R(S) (If avpt. cable)
REQUESTE R Mr. Victor Gilinsky PART I, AGENCY RECORDS RELE ASED OR NOT LOCATED 15ee checknf boaes/
No agency records subject to the request have been tocated.
No additional agency records subject to the request have been located Requestad records are avadable throug9 another pubiic distnbution program, See Comments section.
. are a' ready avadable for pubhc inspection and copymg at t*e Agency records subject to the request that are identified in Append.x(est NRC Pubhc Document Room. 2120 L Street. N.W., Washrngton, DC.
are beirs made avadable for pubhc inspection and copymg N
Agency records subject to the request that are identir ed in Appendixfes}.
FOI A number.
e at the NRC Pubhc occument Room 2120 L Street. N.W., Washington, DC, m a foider under this y
f f is now being made avadab e The nonproprietary version of the proposaHsi that you agreed to accept m a telephone conversation with for pubhc inspection and copy ng at the N RC Pubhc Document Room,2120 L Street, N.W., Washington, ay be mspected and copied at the NRC Local Pubhc Documert m
Agency records subject to the request that a e identified in Appendix (es)
Room,2120 L Stree.,
Room identsfeed in the Comments section.
Enclosed is mformation on how you rnay obtain access to and the chargr's for copying records located N.W sWuhington. DC.
Agancy records sub!ect to the request are enctosed Records subiect to the request have been referred to another Federal agencybes) for review and derect response to l
F3es You wdl be bd!ed by the NRC for fees totahng S _
You wdl recewe a refund from the NRC in the amount of 5
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. N o.
in view of NRC's response to thes request, no further actton is being tak en on appeal letter dated PART 11, A-!NFORMATION WITHHELD FROM PUBLIC DISCLOSURE i
d for the reasons stated Certain information in it,e requested records is being e,itnheid from pubHc disclosure pursuant to the ese in Part 11, B. C,and D. Any released portions of the documents for which only part of the recorDC in a folder under this FOlA inspection and copying in the NRC Pubuc Document Room,2120 L Street, N W,, Washington,
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COMMENTS
- Disclosure is likely to involve accusing any person of a crime GISA, Ex. 5 or formally censuring any person.
- Disclosure is likely to disclose investigatory recsds compiled for law enforcement purposes, or information which if written would GISA, Ex. 7 be contained in such records, because disclosure would (A) interfere with enforcement proceedings. (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy, or (D) disclose tha identity of a confidential source.
9306290247 930422 PDR FOIA C1LINSK92-436 pop F f RE L DOM OF INF ORMATION AND PUBLICATIONS SERVICES
_ SIGN A/ VH L, DIRE CT OR, DJ v tSION
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FOIA PiUM8ER($1 DATI RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 436 (CONTINUATION)
APR 2 21993 PART 11.B-APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es)
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.are being withheld in their entirety or in part under the Exernption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations.
- 1. The withheld mformation es properly classifeed pursuant to Executive Order. (Exemption 1)
- 2. The withheld information relates solely to the enternal personnel rules and procedures of NRC. (Exemption 2) y 3 The withheld mformation is specifically esempted from pubhc disclosure by statute indecated. (Exemption 3)
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Sections 141145 of the Atomic Ens.rgy Act.whech prohibits the disclosure of Restricted Data or Forrnerly Restocted Data (42 U S C. 2161-2165L y
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).
The withheld enformation es a trade secret or commercial or financial mformation that is being withbeid for the reason 4) 6ndicated. (Exemption 4) 4.
! 4 The information is considered to be confittential business (proprietaryl mformation The informateon is considered to be proprietary snformation pursuant to 10 Cf A 2 790tdHll The information was submitted aM received in conf.dence pursuant to 10 CFR 2 790idH21
- 5. The withheid mformation consists of interagenci or er traagenc, recoros that are not avaaet:6e "irocgm decove4, caring htigarron (E nemption 5). Apphcabie Privilege-Dekberative Process Orsclosure of predecisional information woud tend to inhibst ine oNn and trant enchange of edras essentnl to the detteranve process
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Where records sie withheld m their entirety, the f acts are rnestric abry intert wined with the predeomonal information There also are no reasonably seyegable f actual 7?;
portions because the release of the f acts would permst an endacci mquir, ento the predecisional proten of the agency Attorney work product povilege iDocuments prepared by an attornn e coni,onpi,,tiuti n r u:3,. nn >
Attorney.chent privilege, (Confidential commumcations between an attorney and rusher chent.)
6 The withheld information is exempted from pubhc disclosure because.ts d'sclowe would rewit in a teca"y u warranted invasion of personal privacy (Ememption 6) n
- 7. The withheld.nformation consists of records compiled for law enforcement pu poses and is being withheld f ov the reasonts) indicated (Exemption 7)
Disclosure could rerisonably be emoected to interfere with an enforcement ptoceeding because it could reveal the scope, directson, and focus of i enfore,rment efforts, and thus could possibly alion recip ents to talte action to shield pc'ential wrongiomg or a violation of NRC requirements from m estigators. lE wemption 7 (AH
+
Disclosure would cor stitute ari unwarrantea evemon of personai privacy (Exempt <on 7(Cl)
The infoimanon cons sts of names cf md#dua4 ant 1 other en'o'rnet on the dmioso'e o' w NrS c oukt >easortabiv he enoec ted to reveal dentet es of i
confident + sources (Ememption 7 (D))
OTHEA X Exemptions 5 & 7( A, B, C, D) of the Government in the Sunshine Act. 5 U.S.C. 552b PART H. C-DENYING OFFICIALS Pursuant to 10 CF R 925tbl and or 9.25tc) of the U S Nuctear Regu'ator y Cornmas,on regust ons it has been oeierm nr j that the entormabon withheld is esempt from pro-I duction or disclosure, and that its production o d<sceosure is conttery to the pubLc mierest. The persons responsele for the den.at are those off cia <s ident.f red below as der'ymg of ficials and the D rector, Div<ston of Freedom of infonnat<on and Pubhcat'ons Serv.ces. Off ce of Admmistration, for any denaam that may be appeated to the E xecutive Director for Operat.ons (E DOL DENYING OFFICIAL TI TL E 'OF FIC F RECORDS Of NTD APPELL ATE OF FICIAL Assistant Secretary of the 5
John Hoyle Iomminion
_ Appendix _N X
PART II. D-APPEAL RIGHTS Tha dsnial by each denying offecial ident;fied in Part II.C may be appealed to the Appellate OfficW identified there. Any such appeal must be made in writing within 30 days of receipt of this response. Appea!s must be addressed, as appropriate, to the E necutive Director for Operations. to the Secretary of the Commission, or to the inspector General, U.S. Nuclear I
Reiplatory Commissic>n Washington, DC 20555. and should clearly state on the envelope and m the letter that it is an ** Appeal from en Imtial FOI A Decision."
i NRC FORM 464 (Part 2) (1-91)
U.S. NUCLEAR REGULATORY COMMISSION
Re:
FOIA-92-436 APPENDIX N RECORDS TOTALLY WITIUIRR)
NUMBER DATE DESCRIPTION & EXEMPTION 1,
11/3/83 Transcript of Closed Commission Meeting on Report of Allegations at Diablo Canyon.(41 pages) EX. 3 & GISA EX. 5&
7(A, B,
C,
& D)
Re:
FOIA-92-436.
APPENDIX M RECORDS BEING PLACED INTO THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION 1.
7/15/81 SECY-81-418, Shoreham Oooonents Coalition v.
NRC, et al., No. 81-3044 (2d Cir.); Shoreham Oooonents Coalition v.
NRC, et al.,
Civ. No. 81-2000 (E.D.N.Y.)
(2 pages) 2.
11/14/83 SECY-83-465, Proposed Civil Penalty Action (EA 83-88) for Carolina Power and Light Company (12 pages)