ML20127L531
| ML20127L531 | |
| Person / Time | |
|---|---|
| Issue date: | 05/04/1992 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Faught J JOHN FAUGHT & ASSOCIATES |
| Shared Package | |
| ML20127L535 | List: |
| References | |
| FOIA-91-394 NUDOCS 9211240361 | |
| Download: ML20127L531 (6) | |
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RESPONSE TO FREEDOM OF l m^t b4 PARTIAL ] 7M INFORMATION ACT (FOIA) REQUEST oATE -
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PART l.-AGENCY { CORDS RELEASED OR NOT LOCATED (See checkedbo>res/
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 Comments section.
Agency records subject to the request that are identified in Appendix (es)
N
, NRC Public Document Room,2120 L Street, N.W., Washington, DC.
are already available for public inspection and copying at the
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Agency records subject to the request that are kientified in Appendix (es)
O are being made available for puHic inspection and cnpying b, at the NRC Pubhc Document Room. 2120 L Street. N.W., Washington, DC, in a folder under this FOIA number.
s 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 for public inspection and copying at the NRC Pubhc Document Room,2120 L Street, N.W., Washir gton, DC, in a folder under this FOl A number.
Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Publ;c Document Room identified in the Comments 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., Washington, DC.
Agency records subject to the request are enclosed. $
Records subject to the request have been referred to another Ferleral agency (ies) for review and direct response to yt,u.
Fees M;
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You will be billed by the NRC for fees totaling $
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You will rece:ve a refund from the NRC in the amount of $
in view of N RC% eVor'se to this request, no further action is being taken on appeal letter dated
. No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE
' Certain in;ormation in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated 1
In Part it. B. C, and D. Any released portions of the documents fot 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 FOlA number.
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1 9211240361 920504 PDR FOIA FAUGHT91-394 PDR S LtG'w a Ks TURE. DIRECTOR, DIVIS4ON OF F REEDOM OF INFORMATION AND PUBLICATIONS SERVICES
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F Ola NUMOE Misi DM4 RESPONSE TO FREEDOM OF FOlA C' g MAY + 41992 INFORMATION ACT (FOlA) REQUEST i
(CONTINUATIONI l
PART H 5-APPLICABLE EXEMPDONS Records subject to the request that are described in the enclosed Appendix (e AL10 re being withheld in their entir'ety or in part under the Enemption No.(s) and for the reason (s) given below pursuant to 6 U.S.C. 552(b: and 10 CF R 9.17(a) of N RC regulations.
- 1. Tne withheld informaten es property classefed pursuant to Emocutive Order,(Ememption 1)
- 3. The withheid mformation retaies soleay to the siternal personnel rules end perredores of NHC (Exempton 2) l l3, The withheld mformaten es specifically esempted from pubhc disclosure by statute Indicated,(Ememption 3)
Sections 141446 of the Atomic Energy Act, wh.ch prohibits the disciosure of bstricted Data or Formetty Netricted Orta (42 U.S.C. 21612166).
Section 147 of the Atoma: Energy Act, which prohibits it e disclosure of Unclassified Safeguards information (42 U.S C. 2167).
O. The withheld infoemation es e trade secret or commerciae or financiaf mformation that is bem0 methheld for the reasonist indicated. (Ememption 4)
The mformation is consedered to be conhdential business (proprietaryl informaten The information es conscred to be propnetary m'ormation pursu4nt to to CFR 2 790idH t t The mformation was submitted and rece* ed m conhdence pursuant to 10 CFR 2 790tdH2)
. The withheld informaten consists of eteregency os entraagency recorris that are not evadabie through discovery durmg htigenen (Exemption 6). Apphcable Privilege:
Dehrrersove Process Omchsure of predeciseonal information would tend to srhebit the open and fransi enchange of ideas essentet to the deliber ave process e
Where records are withheld m their entirety the f acts are.aentemabry intertwmed with the predecisionalinformation There also are no reasonably segregable f actual
,porisons becaupe the release of the f acts would permit an mdirect mouiry into the predecisional puxe_ss of _the agency Attorney work product pnvoege (Documents prepaied by an attorney in conrernplahua ni htigal.on i p
Attorney-cl.ent privilege. (Confidentiae commumcatens between an attorney and his/her clientj
- 6. The wethhead m4rmeien is exempted from pube.c disclosure because it'. disclosure woutd resvit in a clearty unwarranted evavon of perienal pr vacy (Ememption 61
- 7. The withheld mformation consists of records compded for law enforcement purposes a id is being withheld for the reason (s) mdicated (Exemption 7) 55 Disclosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope, derection, and focus of 1i[i enforcemerit efforts. end thus could posdly allow recipients to 148te 'ction to thield ootentrat wromptoing or a violation of NRC requirementt from investigators. (E memption 1 (A))
Disclosure would constitute an unwarranted mvaseon of personal pnvecy. (Exemption 7(C))
dil The informabon conesis of nsTies et md widuais and othii, moortmet.un the roscisnuet on wtsrch touM reasonaht, be e sc.ec ted to revea oentities of e
conhdential sources. (Exemption 7 (D))
Cf Ht A i
r PART la C-DENYlNG OFFICIALS it n s been determ. ness that the inte son w.thheid is enemot from peu Pursuant to 10 CF R 9 25tb! and or 9 25(c) of the U S fuckar Heguicory Commas,on repar2ons a
duct;on or d6c?osure. ami thei eis p oduct on or d4ctosu e is contrary to the pubLc mierest The persons responuble fne the den a' a., those off.ciaft identef >ed below as denying r
of f ciais and the D rector. Dwon of Frmium of informeon and Puto. car ons Seri,ces. Of(!ce nt Adrmnatrahon. for ciy r.fenaats that may be appeaied to the E xecutive Directos for Operet;ons tEDOL DENYING OHiCIAL TITLEiOFF CE l
6ECORDS OtNIED APPf LLATE OFFICIAL l]
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PART it. D-APPEAL RIGHTS The denial by uch denymq official ktentif ef in Part ILC may be apputed to the Appnisate Off.cial eientified there. Any such appeal must be made in writing within 30 days of receipt of this response. Appeals must be addressed, as appropreste, to the Executive Director for Onerations, to the Secretary of the Commisuon, or to the inspector General. V S. Nuclear Regutatory Commisuon Wa.hmgton, DC 20555. and should clearly state on the envelope and in the letter that it is an " Appeal from an (net.at FOtA Decision."
e NRC FORM 464 (Part 2) (191)
U S. NUCLEAR REGULATOWi COYMtSSIO*.
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FOIA-91-394 APPENDIX R RECORDS MAINTAINED AMONG PDR FILES 1.
4/23/91 Letter from Kammerer to Dandoy.
PDR Accession Number 9104290143 910423 l
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1
Het FOIA-91-394 APPENDIX S RECORDS RELEASED TO REQUESTER HUMBER DATE DESCRIPTION 1.
8/12/91 Note from Wastler to Wallace re:
Proposed Responses to the U.
S.
Ecology Comments on the Scope of
> Envirocare DEIS (2 pages) 2.
8/12/91 Note from Wastler to Fonner re U.
S.
Ecology's Comments on the Scope of the Envirocare EIS w/ handwritten notations.
(1 page) k l
m.
'FOIA-91-394: -
APPENDIX T RECORDS DENIED IN~ ENTIRETY a
EXEMPTION 5.- PREDECISIONAL INFORMATION' 1.
3/20 Buck' Slip with attached draft report.- Some pages have handwritten notations (29 pages) 2.
Undated Various draft letters-to Dandoy with handwritten notations on some of the pages.
(36 pages)' -HOTE:
The final letter to Dandoy is dated.4/23/91'--See-Appendix R
-3.
Undated Draft memo from Bangartito Kammerer res. Utah 1BRC-Environmental Assessment for the Utal Low-Level Waste Disposal Fac111ty with handwritten notatiors (1 page)-
4.
Undated Draft Notice of Receipt of Application-for Byproduct Material Waste Disposal License with handwritten notations (5 pages) 5.
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Handwritten notes re Meeting (1 page) 4
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FOIA-91-394 APPENDIX U DOCUMENT BEING WITHHELD IN ENTIRETY EXEMPTION 5 - ATTORNEY WORK PRODUCT 1.
9/23/88 Memo from Fonner to Schneider, subject:
Amendment of Utah State Agreement (2 pages) 3 i