ML20127J599

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Final Response to FOIA Request for OIG Rept 91-73C.Forwards Records in App a Which Are Being Withheld in Part (Ref FOIA Exemptions 6 & 7)
ML20127J599
Person / Time
Issue date: 09/08/1992
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Schulze C
SCHULZE, SORRELL & PEDERSON, P.C.
Shared Package
ML20127J602 List:
References
FOIA-92-400 NUDOCS 9301250187
Download: ML20127J599 (3)
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' ' U.S. NUCLEAR REGULATORY COMMISSION NHC 6 0iA RtOUW NUYBt R@

,,, f FOlA - e-ano l{ e% s Og tV RESPONSE TO FREEDOM OF XlHNAL RESeoNSE TveE l l PARTI AL I INFORMATION ACT (FOIA) REQUEST DATE k.,%,/ Up A - 1992 DOCKE T NUVBE RlSI (// 50 M..she/

REoVESTER i Charles H. Schulze, Esquire PART 1.-AGENCY RECORDS RELEASED OR NOT LOCATED /See checked boAes)

No agency records subject 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 Comm66ts section, Agency records subject to the request that are identified in Append;xfes) are already available for public inspectior. end copying at the NRC Pubhc 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 pubhc inspection and copying at the NRC Pubhc 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 staf f is now being made available for pubhc espection 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 Appendix (es) may be inspected and copied at the N RC Local Public Document Room identified in the (,omments 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, N W., WasNncton DC y Agency records subsect to the request are enc!osed.

  • Records subiect to the request have been referred to another Federal agency (ies) for review and direct response to you.

Fees You wdl be billed by the NRC for fees tctating S You will receive a refund from the NRC in the amount of $

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 Certain inforn ation in the requested records is being withheid from put:ic disclosure pursuant to t eh exemptions described in and for the reasons stated 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 pubhc y insoection 89d copying irt the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A number.

COMMENTS

  • A copy of the releasable portions of the record identified on enclosed Appendix A is enclosed. You are not being assessed fees for the processing of your FOIA request since the minimal fee limit has not been exceeded.

510' ~ hAE, DIRECTOR, OlvlSi N OF F y OF INFO MATION AND PUBLICATIONS SERVICES w .' M {T 6

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9301250187 920908 PDR FOIA J

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SCHULZE92-400 PDR

e a FOla huWEN5) DME RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 92-400 SEP B - 1992 (CONTINUATION)

PART 118- APPLICABLE EXEMPTIONS Records subject to the request that are described in the enclosed Appendix (es) A are being mthheld in their entirety or in part under the Exornption Nojs) and for the reason (s) given below putsuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.

1. The withhe6d information is property classified pursuant to E=ec tive Order. (Exemption 1) 1 2 The anhheid eformat+on relates sole 8v tc the intemas personnet rules and procedures of NRC. (Exemption 2) i 3, The withheld mformation is specifically exempted feom pubhc disclosure by statute ind:cated. (Exemptuon 31 Sections 141 145of the Atomic Energy Act, which prohibits the disclosure of flestricted Data or Formedy Restricted Data (42 U.S.C. 21612165L

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, Section 147 of the Atomic Energy Act, wNch prohibits the disclosure of Unctamf4ed Safeguards Information (42 U.S C. 2167L

}O . The withheld information is a trade secret or commercial or fmancw m'ormation that is bemg withheld for the reasorstsi indicated. (Exemption 4) i The mformaison es cons.de'ed to be conf +dential business (proprietatyp inf ormation i m The mformation is considered to be proprietary informat'on pursuant to 10 CFR 2 790tdH11 The inf ormat.on was submitted and recewed in cont.dence wsuant to 10 CF R 2 790+dH2 <

5 The witwe!d in*ormave cons >sts of interagency or mtraageacs ecn .w t*a am act a,aaaNe rarcs gk u - or e u m ht.gwon (E xemption 5). Apphcable Privilege:

Deuberatwe Process Disctosu r e of predecis orias enf ormat.on *uvo tend ta nhet the open and tea, enn arge of ideas essents tu the ne cerat>ve process Where records are withheld in their ent.rety the f acts are eneate,catvv etert*med with the preacciserat m'omanon There aiso are no reasonaW seyegable f actual portions because the reitase of the f acts would permet an *nd' rec' #Gweb into the prede ?seon3d TOC ess c' the agency a Attornev w oth product preege (Doc umeN s prepared r an .se *,mrmtmpia%oW We' J Attorney cLent privdega, (Confident >at communications between an attorney ar'd his/her chent.)

6 The withheid informanca es eserepted tecm pubhc doctosu r e becauw ts a s mu r e wo dd result in a der .ewrranted invas cn of perwr e erwacy (E nemption 61 7 The wit *heid m'orraanon coes.srs et records competed for ia er4r ervent purposes and n t.emg ent.-d 6 the eeawmsi ind.ca ea (E = emotion 7) n

  • ! D.sclosure could reasorubly be expected to mterfere with an enforcement proceedmq because 5t could reveal the sccpe, direct 4an. and focus of l enforcement efforts, ar,d thus could poss biy aMon rec.0 ents to take action to sh efd potentia! wrongdomg er a v:o24 ton of NRC requ<rements l from mvestigators (E nemption 7 ( AD Disclowe would constitu'e an unwarranted in vas*on o' r.euer a pn ae, v (E xemption 7tCH X.

The in ormanon co s.sts r o names ei ed dma s and 0,ne mwami, one dweiow, a w w set - to be e.cet ted ,o ,e,,ai ,dee,-t es of Cor'f. dent >ai sources (E xempt.on 7 (DH OT HE F4 X Exemption 7(F) - Disclosure could endanner the life or rhysical safety of an indivia m 1-PART 11. C-DENYING OFFICIALS Puret to 10 CF R 9 25tto and or 9 25(c) of the U S. Nuc+ar Ragwa'o v Comm u e wpi ons, it has beer ocum net tha the m'ormanon w<thfieid s e sempt from pro n

duct.on or diwove. and that ts p oduct<on or d wowe is com r y to the pw e mtew The Derwm respons L e fcr *e denJ are those o't. cia's ident.' ed he'on as denyeg o'f tcWs and the Derector. D#s.on of Freeitom of Mfarmat.on and Puoi cat ons Se v ces Of f ce o' Admestrat.on fr am efemais that may be appeated to the Execut.ve Drector for Operat.ons (EDO)

DENYING OFFICIAL Tif LE OFFICE I RECORDS DENIED APPELLATE OFFICIAL t EDo < SFORETapY C I '

Leo J. Norton Assistant Inspector General t ap_p. A X for Investigations i

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PART lt D- APPEAL RIGHTS The donsat by each denying offsal identif;ed in Part li.C may be appealed to the Apoel! ate Official identrfiert there. Any such appeat must be me6 in werting wrth<n 30 days of receipt of this response. Appeals must be addressed. as approprste, to the Executive D4 rector for Operations, to the Secretary of the Commission, or to the Inspector Genera ( U $. Nuclw Coplatory Comm: won, Washington. DC 20555 and should clearly state on the envCope and in the letter that it is an " Appeal from an Initial FOI A Decision."

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Re - FOIA-92-400 e

APPENDIX-A I .)OCUMENTS BEING RELEASED IN PART i

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} NUMBER . DATE DESCRIPTION ,

! 1. Undated OIG Report No.91-73C entitled, 4 " Potential. Fraud Associated with NRC

! ' Construction Contract," ( 11 pgs. ) = -

EXEMPTIONS 6, 7C,27F,_and Portions l 'Outside: Scope'of Request'.

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