ML20058P813
| ML20058P813 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 04/28/1993 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Hubbard V WINSTON & STRAWN |
| Shared Package | |
| ML20058P816 | List: |
| References | |
| FOIA-92-162 NUDOCS 9310250243 | |
| Download: ML20058P813 (3) | |
Text
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U.S. NUCLEAR REGULATORY COMMISSION Nec FOIA HlOUESt NUMBER (5)
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RESPONSE TYPE
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.i RESPONSE TO FREEDOM OF l FINAL
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INFORMATION ACT (FOIA) REQUEST o^TE
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APR 2 R 1993 DOCKE T NUMBE RISI #f spphrable/
REQUESTE R 4
S PART l.-AGENCY RECOR6S RELEASED OR NOT LOCATED /See checkedbones/
% igencv :nords subject to the request have been located.
No additional agency record, subject to the request have been located.
Requested records are available through another public distribution program See Comments section, i
Agency records subject to the request that are identified in Append,x(es) are already available for public inspection and copying at the l
NRC Public Document Room. 2120 L Street, N.W., Washington DC.
i Agency records subject to the request that are identified in Appendix (es) are being made available for public inspection and copying at the NRC Public Document Room. 2120 L Street, N.W., Washington, DC,in a folder under this FOIA number.
t The nonproprietary version of the proposalls) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for pubR inspection and copying at the NRC Public Document Room 2120 L Street, N.W, Washington, DC. in a folder under this FOI A number, Agency records subject to the request that are identified in Appendales) may be inspected and copied at the N RC Local Public Document i
Room identified in the Cominents section.
Enclosed is information on how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, l
N W., Washington DC.
P Agency records subject to the request are enclosed.
t Records subject tc the request have been referred to another Federal agencylies) for review and direct response to you.
Fees
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You will be billed by the NRC for fees totaling $
t You will receive a refund from the N RC in the amount of S in view of NRC's response to this request, no further action is being taken on appeal letter dated
, No.
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PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informatior. In the requested records is being withheld from public disclosure pursuant to the exemptions oescribed in and for the res3ons stated -
in Part II, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available f or 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, COMME NTS j
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I 9310250243 930428 PDR FOIA HUBBARD92-162 PDR
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SG TUR E, DIRECTOR, DIVIC, N OF F REEDOM OF INFORMATION AND PUBLICATIONS SERVICES O 'h!A A.4td
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o Fom NUMBER (st DATE RESPONSE TO FREEDOM OF INFORMATION ACT (FO!A) REQUEST FOIA - pf_,3/
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(CONTINUATION)
PART li B-APPLICABLE EXEMPTIONS Records 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 wethheld rnformation is property classif ec pu.suant to Executive Ords.. (Ememption 1)
- 2. The withheld information relates solely to the internal personnel rules and procedures of NRC. (Exemption 2)
- 3. The withheid information is specifically exempted ftom pubhc dtsclosure by statute indicated. (Exemption 3)
Sections 141 145 of the Atomic Energy Act, which prchibits the disclowre of Restricted Date or Formerly Restricted Data (42 U S C. 2161-2165).
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Section 147 of the Atomic Energy Act, wh;ch prohibits the d!$ closure of Unclassified Safeguard: Information (42 U.S.C. 2167).
- 4. The withheid information es a trade secret or commercial or financial enformation that is being withheld for the reasontsi indicated. lE memption 4)
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The mformation is considered to be confidential business !p*opnetaryl mformat.on The mformation is considered to be peopnetary information puisuant to 10 CFR 2 790tdHil f.
The information was submitted and received in confruence pursuant to 10 CFR 2 790idH2; 5 The withheld enformation corisists of interagency or intraagent y records that are not availabie rNt+gs d+covery riu ing Ii' gat,on (E wemption 5). Applicable Pnveiege:
r Deliberative Process Disclosure of p'edecisional information would tend to mhibit the 03e5 an7trar*
- change of edeas essential to the deliberatsve process Where records are withheld in their enterety, the f acts are inestf(ably insert wined wsth the predensional irdofmabon There also are no reasonably segregable f actual portions because the release of the f acts would perfrn an ireect enouie ento the predeos+onai prm ess of the agency Attorney work product privriege IDocuments prepared by an attornes m conferup Ann cf i'tm et<& i Attorney.chent pnvilege. (Confirient.al commumcations between an attorney and his/her chent) 6 The *rthheld information is exempted from pubi.c deosure because its disciosure wouPJ resu i m a cieariv un*ananted invasion of persona: privacy (Exemption 61 s
7 The withhe6d informat,an consists of records compred for law en8orcement purposes and is being withbeid for the reasontsi end.cated (E xemption 7)
I Dsclosure could reasonably be expected to mter'ere *,th an enforcement proceeding because et could reveal tne scope. direction, and focus of enforcement efforts. and thus could possibly allow rebpients to take action to shield potential wrongitomg or a volation of NRC requirements from mvest.gators. (E xemption 7 (ad)
Disclosure would constitu1e an unwe' ranted myasion of personal povacy (Exemptorr 7(C))
The information consests of names of indvdua's anc other inf oemateon the rim 1osu e d W e cnuld reasonat,v tre e spected tu reveal ident+cs r f r
confidentJ sources. (E nemotion 7 (D)I O1HEA PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9.25(t3 and of 9 254c) of the U.S Nue:eai Regulatory Commmsion regulat ons. t has been determsned that the informabon withheid a exempt from pro-duct.on or disciosure. and that its production or d sc osu e is contrary to the pubbe.nreres' The persons re', pons bie for the den.a! are those of fic.afs oderitified below as denymg officiats and the D. rector. Dms,on of F reecom of iniormanon and Pubhcations Semces. Othce of Adm+strahon for any den:a4 that may be appealed to the E xecut+ve Dnector for Operations (EDOL DENYING OFFICIAL i
Tif LE >OF FICE I
RECORDS DENIED APPELLATE OFFICIAL j
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1 PART A. D-APPEAL RIGHTS The denial by each denymg offical identJied in Part II.C may be appea'ed to the Appellate Officialidentified there. Any such appeal must be made m writing within 30 days of receipt of his 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 Regulatory Commission, Washmgton, DC 20555 and should clearly state on the envelope er.d m the letter that it es a*e " Appeal from an initial FOI A Decision."
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i NRC FORM 464 (Part 2) (1-91)
U S. NUCLEAR REGULATORY COMMISSION 1
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l Re:
FOIA-92-162 APPENDIX K RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION Allecation No. RI-91-A-0137 r
1.
6/18/91 Memo to D.
C. Williams from T. T. Martin re: Concerns with NRC Handling of Allegations at Millstone (4 pages) EX. 6 t
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