ML20057B575
| ML20057B575 | |
| Person / Time | |
|---|---|
| Issue date: | 05/11/1993 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Shinkle P ADVOCATE, BATON ROUGE, LA |
| References | |
| FOIA-93-200 NUDOCS 9309220250 | |
| Download: ML20057B575 (3) | |
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U.S. NUCLEAR REGULATORY COMMISSION NHC f OIA HEOUESt NUMBERIS) g4M,g FOIA 93-200 fo RESPONSE TYPE
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a RESPONSE TO FREEDOM OF X l FINAL l l PARTIAL INFORMATION ACT (FOlA) REQUEST DATE gy 11 1993 g
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DOCKET NUMBER (S)(//apphcable/
REQUEST E R
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Peter Shinkle PART I.-AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)
No agency records subject to the request have been located.
No additional agency records subject to the request have been located.
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Requested records are available through another public distribution program. See Comments section.
Agency records subject to the request that are identified in Append;x(es) are already available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.
Agency records subject to the request that are identified in Appendix (es) are being made available for public inspection and copying j
st the NRC Public Document Room,2120 L Street N.W., Washington, DC,in a folder under this FOI A number, The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available
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for public inspection and copying at the N RC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.
i Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document Room identified in the Comments section.
Enclosed is mformation on how you may obtam access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, i
N.W., Washington. DC.
Agency records subject to the request are enclosed.
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Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.
l Fees j
You will be billed by the N RC for fees totaling S I
You vill receive a refund from the NRC in the amount of $
i In view of N R C's response to this request, no further action is being taiten on appeal letter dated
, No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE l
Certain information in the requested records is being withheld from public disclosuf e pursuant to the exemptions described in and for the reasons stated XX in Part 11, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public '
inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.
j COMMENTS l
A search of pertinent files indicates that the NRC is not in possession of records subject to items 1 and 3 of your F0IA request.
This completes NRC's action on your request.
SIGNATURE ECT
,D ISION OF REEDOM OF INFORMATION AND PUBLICATIONS SERV 6CES As yy-l 9309220250 930511 PDR FOIA SHINKLE93-2OO pyg:
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i FotA NUMBE R(si DATE-RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 200 i
a (CONTINUATION)
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PART H.8-APPUCABLE EXEMPTIONS Rscords subject to the request that are described in the enclosed Appendix (es) are being withheld in their entirety or in part under the Exemption 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 information is properly classified pursuant to Executive Order. (Exemption 1)
- 2. The withheld mformatron relates solely to the mtemal personnel rules and procedures of NRC. (Enemption 2)
- 3. The withheld enformation is specifically exempted from pubic disclosure by statute indecated. (Exemption 3)
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r; Sections 141145 of the Atomic Energy Act, whch prohibits the disclosure of Restrcted Data or Formerfy Restricted Data (42 U.S.C. 216t 2165).
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Section 4 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Informatson (42 U.S.C. 2167). -
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l 4, The withhald informaten #3 a trade secret or commercial or hnancial mformation that is bemg withheld for the feason(s) indicated. (Exemption 4) l l
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The eformation es considered to be confidential busmess (propnetaryl mformaton, l
The mformation is considered to be proprietary mformation pursuant to 10 CFR 2,790 ldh 11
[n The mformaten was submitted and received m conhdence pursuant to 10 CFR 2 790tdH2p w
- 5. The withheld mformaten consists of mteragency or intraagency records that are not awa.lable mtougS decoveev dunng hogation (Exemption 6). Apphcable Privilege Dehberative Process: Disciosure of predecisional mformation would tend to mhetat the open and frank enchange of edeas essenttal to the debberative process..
Where records are withheld m their entirety the f acts are sneathcably etertwined weth the predecis onal mformation these also are no reasonably seyegable factual mM portions because the release of the facts would permit an mdirect enouvry mio the predecisional process of the agency Attorney work product privilege < Documents piepared by an attorney en contemptahon of bnuat.on i Attorney cl.ent privilege. (Confidential communicatons between an attomey and his>her chent.)
- 6. The withhe6d mformat on is esempted from pubhc disclosure because ets disclosure would result m a clea v unwonanted evas on of personal prevacy (Ememption 6) n
- 7. The wnhheld mformation consists of records competed for law enforcement purposes and is being wethheld for the reasontsi mdicated '(Exemption 7) g I Disclosure could reasonably be espected to interfere we an enforcement proceed >ng because it could reveal the scope, direction, and focus of g
enforcement efforts. and thus could possibly attow recipients to take action to sh eld potential wrongioeng or a violation of NRC requirements i
from mvestiDators. (Enemption 7 (AD Disclosure evould constnute an unwarranted mvason of personal privacy. (Ememption 7(C)).
The eformation consists of names of endmdua6s and othm enformanon the cartrsvee of which coukt reasonabi, be esoected to revealidentit+es of contecential sources. (Exemption 7 (01) l jOtHLh h
PART 11 C-DENYING OFFICIALS i
1 Pursuant to 10 CF R 9.25tbl and 'or 9.25(c) of the U.S. Nuclear Regutatory Commess on regulations it has been determ.ned that the information withheld is exempt from pro-duction or disclosure, and that its producten or drsciosure is contrary to the pubhc interest The persons responsible for the denial are those ofbcia's identif ed below as denyme i
officials and the Derector, Dms on of Freedom of informanon and Pubt cations Serveces. Of fice of Adm nestration for any dentais that may be appealed to the Executive Director for Operations IEDO).
DENYING DFFICIAL TITLE / OFFICE RECORDS DENTED APPELLATE OFFICIAL Director, Office of tm ucawv o
1 Ben B. Hayes Investiaations Appendix A XX l
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l PART H. D-APPEAL RIGHTS The d:nial by each denying official identified in Part II.C may be appealed to the Appellate Official identified there. Any such appeaf must be made in writing seithin 30 days of receipt -
of this response. Appeals must be addressed, as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General, U.S. Nuclear Rs platory Commission, Washington, DC 20%5, and should clearly state on the envelope and in the letter that 6t is en " Appeal from an initial FOI A Decision "
NRC FORM 464 (Part 21 (191)
U.S. NUCLEAR REGULATORY COMMIS$10N i
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l Re FOIA-93-299 APPENDIX A DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY i
NUMBER DATE DESCRIPTION I
1 ITEM No. 2
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1.
09/29/92 Letter from Gulf States Utilities j
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Company to the NRC furnishing. response
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l to NRC letter'concerning complaint filed.
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with the Department of Labor (62 pages)
. Exemption 7 (A) l
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