ML20148G569

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Partial Response to FOIA Request for Documents Re C-E. Forwards Documents Listed in App D.Documents Also Available in Pdr.App E Documents Withheld (Ref FOIA Exemption 5)
ML20148G569
Person / Time
Issue date: 03/24/1988
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Holthaus C
HOLTHAUS, C.J.
Shared Package
ML20148G574 List:
References
FOIA-88-35 NUDOCS 8803290180
Download: ML20148G569 (4)


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INFORMATION ACT (FOlA) REQUEST oocu, wveitsi or.#.aeMB bM KEQUE$tta Christopher J. Holthaus Esquire s

PART I -RECORDS RELEASED OR NOT LOCATED ISee chected bones)

No agency records subr ct to the roovest have been located-e No 6Mtoeal agency records subst to the roovest have been located Agency records subrect to the request that are mentded m Append.:

are 4 ready avadabie for ovN.c inspection and copvmg m the NRC Pubhc Document Room.

1717 H Street, N W., Washington. DC Agency records subr ct to the roovest thet are identded e Appendin h

a w being made avadable tot puNic inspecten rd copymg in the NRC Pwblat Document e

Room,1717 H Street. N W, WasNegton. OC,.n a folder under the FOIA number and teawester name The nonpropretary version of the proposaHs) that vow agreed to accoot e a teiephone conve saten **th a member of my staN.a now bemg made a.alable for pubN rspector and coymg at the NRC Pubhc Document Room 1717 H Street, N W. WasNegton. OC in a fcader under tNs FOi A nurnber and roomee name inclosed e eformaton on how you may obtam access to and the charges for copying records piaced m the NRC Pubi.c Occument Room.1717 H Street. N W. Vuhmgton, DC Agency recor$s subrect to the res,est are enclosed Any applicable charge for copes of the records prov ded and pav reent procedu es are noted en the comments pecton.

r Records subrect to the roovest have been referred to another Federal agencytosi for review and dvect response to vou in vow of NRC's respoese to tNa roovest. no fu ther acton e beeg taken on appeal letter dated PART ll. A-INFORM ATION WITHHELD FROM PUBLIC OISCLOSURE Certam.~termaton m the reovested records is being uthbeid from public dsclosure pursuant to the FOiA enemotons described m and 'or the reasons stated in Part 11. sec-X tons 8. C, and D Any reieased portons of the docur. vets for which only pa 1 of the record s being wtFheld a o be.ng made avadaose for pubhc arsspect.on and copyeg m the NRC Pubhc Document Room,1717 H St eet. N W., WasNngton DC. m a folder under tNs FCIA nu %er aN reovester name r

Comments 8803290180 880324 PDR FOIA HOLTHAUSBO-35 PDR

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N2C FORM 464,e t n it e

FREEDOM CF INFORMATION ACT RESPONSE FOIA NUMBER <Sr 88-35 oATE:

...A PAT.T 110- A7PLICABLE FOIA EXEM7TIONS

- " ' ' ' MN R; cords subject to tt.e request that are described in the enclosed Appendices E

. ar. being withheid in their entireiv or in part under FOIA Enemptons and for the reasons set forth below pursuant to 5 U.S.C. 552tb) and 10 CFR 9 5(a) of NRC Regulations.

1. The wthheld informaton et property classifed pursuant to Enocutwo Onder 12356 IEXEMPTiON 16
2. The wthheld informaten re:stes so6e y to the miemal personnel rules and procedures of NRC (EXEMPTION 2) r
3. The wthheid informaton is specificaay esempted from pube.c disclosure by statute inecated IExEMPilON 31 Secten 141145 of the Atomic Energy Act wNch prohibits the disclosure of Restncted Data or Formerty Restncted Data 10 U S C. 21612166L Secten 147 of the Atom.c Energy Act whech prohibits the esclosure of Unclastfed Sa'eguards informaton (42 U.S C. 2167L
4. The wthhend informanon e a trade secret or commercsal or fmancial eformation that is being withheid for the reason (s) indicated IEXEMPTION al The information e cons 4ered to be coefdentel buseness (propnetaryl mformation.

The eformaten is cor s4ered to be preonetary informaton pursuant to 10 CFR 2 790(dhlt.

The information was submitted and received m conf 4ence from a foreign source pursuant to 10 CFR 2 7pdH2L 5 The withheld informaton cors.sts of eteragency or entrangency records that are not evailabee througn 01scovery durmg liteaton Osciosure of predecsonal mformation would tend to chabit the open and frank enchange of ideas esser t* to the deliberstrwe process Mere reconds are wthheld m their entrety, the facts are mentncate r X

meertwe.d wth ib. pr.d.c.onai m'orrnaten. Th.r.. iso ar. no ressor atty segregabie f actuai portons b.cause ih. re

s. of th. facts wouid p.rma en merect mqu ry mto tne predecisional process of the egency. IEXEMPTION 51
6. The wthhe6d informaton e esempted from pubhc declosure because its d.sclosure would result m a clearti unwarranted invason of personal prwacy. (EXEMPTION 64
7. The withheld informaton consets of wwestgatory records compled for ta* enforcement purposes erws e being wthheld for the reason (s) and cated. IEXEVPTION 71 Disclosure would inttiere *'th an en'orcement proceeding becausa it could reveal the scoce, daecion. and focus of enforcorrent efforts. and thus could possibty amow them to take actson to theid potential wrongdoing or a violateon of NRC requeremerts from evestigators (EXEMPTION 7(AH Deciosure would constitute an unwarranted invasion of personal prwacy IExEMPTION 7tCil The informaton consets of names of andwiduals and other mformaton the declosure of wNch would reveal dentstes of conf 4ent.al sources IEXEMPTION 7iDI)

PART ll C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and or 915 of the U S Nuclear Regulatory Commason regulatons. It has been determmed that the mformanon wthhead a esempt from producten ce escksure, and that its producten or declosure a contrary to the pubiec interest. The persons responsible for the derwal are those offcWs identifed be6ow as denyng officels and the Dvoctor, Deve.on of Rules and Records. Offce of Admmestraton, for any denials that may be appealed to the Enocuvve Deector for Operatensitoot DENylNG CFFictAL TITLErOFFICE RECORDS DEN!ED APPELLATE OFFICIAL i

Mr. James Lieberman Director, Office of Appendix E Enforcement X

i i

PART 110- APPEAL RIGHTS The denial by each denying official identifed in Part II.C may be appealed to the Appellate Off6a!identifed in that secten. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20565, anc should clearty state on the envelope and in the letter that it is an "Appeal from an initial F01A Decision."

tac FoRu ane irert 21 U.S. NUCLEAR REGULATORY COMMISSION

<s esi FOIA RESPONSE CONTINUATION

Re:

FOI A-88-35 APPENDIX D

RECORDS MAINTAINED IN THE POR UNDER THE ABOVE REQUEST NUMBER NUMBER DATE DESCRIPTION l.

4/17/85 Memorandum for Murley from Joyner, subject:

Enforcement Conference with Combustion Engineering, Inc.

(27 pages) i i

p O

W

Re: F0!A-88-35 APPENDIX E WITHHELD - EXEMPTION 5 1.

3/25/86 Memo for Axelrad from Schultz, subject: C-E Glass, Inc.,

- Proposed Civil Penalty.

(25 pages) 2.

9/11/86 Memo for Axelrad from Schultz, subject: Combustion Engineering, Inc., Order Imposing Civil Monetary Penalties.

(21pages) 3.

12/18/87 Memo for Lieberman from Russell, subject: Proposed Civil Penalty - Combustion Engineering, Inc.

(87 pages) 4.

Undated Memo for Lieberman from Russell, subject: Proposed Civil Penalty - Combustion Engineering, Inc.

(11 pages) 1 i

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