ML20125E495

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Final Response to FOIA Request for Documents.Encl App a Documents Are Being Made Available in Pdr.App B Documents Are Being Withheld in Their Entirety (Ref FOIA Exemption 4)
ML20125E495
Person / Time
Issue date: 06/01/1992
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Theofanous T
CALIFORNIA, UNIV. OF, SANTA BARBARA, CA
Shared Package
ML20125E498 List:
References
FOIA-92-195 NUDOCS 9212170081
Download: ML20125E495 (3)


Text

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[t h, bg'p' RESPONS8! TO FREEDOM OF x I nNat RcseONstivre l I PARTI AL i

INFORMATIOly ACT (FOIA) REQUEST- o^'t s eeeee -

JUN - 1 1992 DOCK & f NUM8( M(Si (If sophcable>

REQUESTE R T. G. Theofanous PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED fSee checAedbones/

No agency records sub})ct to the request have been located.

No additional agency records subject to the request have been located.

Requested records are available through another public distribution program. See Comments section.

Agency records subject to the request that are identified in AppendN(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 Appendixtes) O are being made available for public inspection and copying X at the NRC Public Document Room 2120 L street, N.W., Washington, DC,in a folder under this FOIA number.

, The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my statf is now being made available 4 for public ins 9ection and copying at the N R C Public Document 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 'dentified in Appendix (es) may be inspectad and copied at the NRC Local Public Document Rcom identified in the Comments section.

Encloseo is mformation c - how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington. DC.

X Agency records subject to the request are enclosed.*

Rscords sub;ect to the request have been referred to another Federal agency (ies) for review and direct response to you.

X Fees X

You will be billed by the NRC for fees totaling s 58. 20 7 You will receive a refund from the N RC in the amount of $

a b

in view of NRC's response to this request, no further action is being taken on appeal letter dated , No.  ;

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cartain information in the requested records is being withheld fror Jublic disclosure pursuant to the exemptions described in and for the reasons stated y 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,1120 L Street, N.W., Washington, DC in a folder under this FOI A number.

COMMENTS

  • The releasable portions of the agency records subject to your F01A request that are identified on the enclosed Appendix B are enclosed.

The fees associated with the processing of your request are as follows:

Reproduction of Records - 291 pages = $58.20 Total = $58.20 J"1 Si . URE; OIREC'i R. Olvisi N F F HEEDOM OF INFORMATION AND PUBLICATIONS SERVICES 8

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< e, _ c;i F , W 9212170081 920601 PDR FOIA THEOFAN92-195 PDR NRC FORM 464 (Pert il i191)

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f oto sewe t nisi DAtt.

RESPONSE TO FREEDOM OF' INFORMATION ACT (FOIA) REQUEST FOIA 195 JUN - 1_1992 m (CONTINUATION)
PART 11 B- APPLICABLE EXEMPTIONS J

Records subject to the request that are described in the enclosed Appendix (es) O are bein0 withheld in theit entirety or in part under the Ecemption 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 N RC regulations, t

1. The withheld anformaten e properly classefed pursuant to Executive Order. (Exemption 1)
2. The withheld mformaten relates soiety to the internal personnel rules and proceduies of NRC. (Esemption 2)
l l3. The withhold mformaten es specifcalty esempted from pubhc disclosure by sh < mdicated. (Exempten 3) i Sections 141145 of the Atomic Energy Act, whch prohibrts the desc!osure of Restricted Data or Formerly Restrictvd Data (42 U.S C,2161-2165L l,

Section 147 of the Atome Energy Act, which prohibrts the disclosure of Uncieuified Safeguards Inkmnen (42 U.S.C. 2167).

f 4 The withheld mformaten es a trade secret or Commercial or (manceal mformaison that es bemg wrthheld for the reasonts) indicated,(Exemption 4)

I The mformaten is considered to be confidentiat busmess (proonetaryl mformation.

X i

. The mformaten is considered to be propnetary mformaten pursuant to 10 CFR 2 790tdH11 l

' The mformaten was submrtted and received m conf.dence pursuant to 10 CFR 2 700tdH2)

6. The withheld mformaten consists of eteragency or otrangency records that are not available throvgh discovery dunng htigaten (Enemption 5). Apphtable Privilege:

]

Dehberatrve Prccess Disclosure of predecisional mformation would tvnd to mhibal the open and frank enchange of ideas essential to the dehborative process E

j Where records are wethhe6d m their entirety. the f ac1s are inestricably intertweed with the predepsenal nformanon i There also are no reasonably segregabre f actual portions because the release of the f acts would permet sa sndwect mouery mto the predecisionaglocess of the agency Attomey wort product prmlege (Documents prepared by an attorney m contemplateri of htsgaten I mW Attorney. client privilege. (Confedenteel communcatens between an attomey and his/her client.)

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  • Q. The withheid eformaten es enempted from public desciosure because its disclosure wou8d result in a cleariy unwarranted evasion of personal pnvecy (Exeniption 6)
7. The withheid eformation consists of records compiled for law enforcement purposes and is bemg withheld for the reasonish edicated (E mernption 7)

) M1 Disclosure could reasonably be espected to mterfere with an enforcemerit proceedmg because it could reve4! the scope, direction, and focus of 1 J enforcement efforts, and thus could poss>b6v stiow recto ents to take action to shwid potential wrongdoing or a voation of NRC requirements e

from irvestroators. IEmemption 7 (A))

Disclosuie would constitute an unwarranted mvasion of personal privacy. (Enemption 7(C1)

J z 4 Mi The information consists of names of ind.veds als and other informaten the d>ulowe of which could reasonaoi vbe emoccted to reveal identit es of confidentia6 sources. (Ememption 7 (DI)

{

01HER PART 11, C-DENYING OFFICIALS l

i Pursuant to 10 CF R 9 25101 and or 9 25(ci of the U S Nuclea Regulatory Commiss.on regu'at ons. et has been determ<ned that the informgiiun wethheld is earmot from peor duction or d#sclosure. and that its product 6on or d sclosure is contrary to sne pubi,c mterest. The persons respons.b e for the den.al are triose of facials idennf.ed be;ow as denying offscels and the Director. D vision of Freedom of informat.on and Publ, cat ons Sennees. Of fice of Adminestration, for any densats that may be appealed to the E mecutive Director for Operations lEDO)

DENYING OFFICIAL TITLE! OFFICE RECORDS DENIED APPELLATE OFFICIAL l

Director, Division of Contracts Tm ucn = io I

l Edward L. Halman and Property Management Appendix B X l

1

  1. PART R. D- APPEAL RIGHTS Tho dcrual by each denying official identified in Part II.C may be appealed to the Appellate Official identified there. Any such appeat must be made in writing within 30 days of receipt of this respgnsa. Appeats must be stdressed. as appropnate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector Generaf, U.S. Nucfear -

Regulatoey Commiss:on, washmaton. DC 20555, and should clearty state on the envelope and in the letter that it is en " Appeal from an Initiet FOI A Decision."

NRC FORM 464 (Part 2) (191) U.S. NUCLEAR REGULATORY COMMISSION 2

Re FOIA-92-195 APPENDIX B DOCUMENTS BEING WITHHELD IM PART MUMBER DATE DESCRIPTIDM

, 1. 11/1991 Volume 1 - Technical and Project Management Proposal - Severe Accident Independent Assessment (Phenomenology)

(160 pages)

Exemption 4

2. 12/30/91 Addendum To: Volume 1 - Technical and Project Management Proposal - Severe Accident Independent Assessment (Phenomenology) (19 pages)

Exemption 4

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