ML20149J035
| ML20149J035 | |
| Person / Time | |
|---|---|
| Issue date: | 03/30/1994 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Gunter P NUCLEAR INFORMATION & RESOURCE SERVICE |
| References | |
| FOIA-94-137 NUDOCS 9501040265 | |
| Download: ML20149J035 (3) | |
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f UA NUCLEAR REGULATORY COMMISSION senceotA REouEst NUusERist h
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f RESPONSE TO FREEDOM OF i MAL lWA:TiAL /
N 3 01994 INFORMATION ACT (FOlA) REQUEST a^
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DOCKET NUMBER (S)(if apphcable)
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PART l.-AGENCY RECORDS RELEASED OR NOT LOCATED /Sae chec*adbowd N3 agency records subject to the request have been located.
N3 additional agency records subject to the request have been located.
Hequested records are available through another public distribution program. See Comments section.
Agency records subject to the request that are identified in Appendix (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 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 The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a rnember of my staff is now being made available for public inspection and copying at the N RC 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 Appendis(es) may be inspected and copied at the NRC Local Public Document Room identified in the Comments section, Enclosed is information on how you may obtain access to and the charges for copying records located et 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 Federal agency (ies) for review and direct response to you.
Fees You will be billed by the NRC for fees totating $
l 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 information in the requested records is being withheld from public disclosure pursuant to the enernotions described in and for the reasons stated in Part 11, B, C, and D. Any rebased portions of the documents for which only part of the record is being withheld are being made available for publue inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a fokter under this FOIA number, CO'MMENTS
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FREE INFORMATION AND PUBLICATIONS SERVICES
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f PotA NUsaes.tSI Daft RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST FOlA - 74/-/J7 ygl30 M (CONTINUATION) i PART s.B-APPUCASLE EXEh8PTIOfd8 l
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Aecords subject to the request that are described in the enclosed Appendix (est are being withheld in their entirety or in part under the Exemp: ion No.(s) enc 8 'or the reason (s) given below pursuant to 5 U.S.C. $52(b) and 10 CF R 9.17(e) #4 NRC regulations.
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- 1. The withheld mformaten is property closeded pursuant to Emearthre Order. (Ememption 1)
- W, -irmeld eforma'en rotates solefy to the antamal personnel rulee and procedures of fWtC. (Exemption 21 l
l3. The wethhcist mformaten es specsfacesy esempted frorn pubhc disclosure by statute indcoted. (Ememption 3) 1 Sections 141146 of the Atomic Energy Act, whch prohibits the dhe of Restricted Data or Formerfy Restrcted Data (42 U.S.C. 216121661.
i Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information (42 U.S.C. 2167).
- 4. The withheld mformation es a trade secret of Commercial or (mancial mformaten that es bemg wethheld for the reason (s) indicated. (Exempeen 4)
The informaten is considered to be confidential busmess (proprietary) mformaten i.
The informaten es considered to be propnetary mformation pursuant to 10 CFR 2 790idHil The mformaten was submetted and receeved m confeersee pursuant to 10 CFR 2 790tdH2L
$. The wethheld informaten consista of interagency or infraegency records that are not svaelable throu0h discovery dunng htigsten (Exemption 6). Appleable PrMlege:
Dehborative Process. Disclosure of predecisional mformaten would tend to mhibst the open and frank enchange cf edess essentel to the deleboretsve process.
Where records ere withhend m theer entarsty. the facts are mentricably mtertemed wrth the predeCisenal mformatson. There also are no reasonably negregeble factual portions because the release of the facts would permet en mdirect inquery mio the predecessonal process of the agency Attorney work-product prevdege IDocuments prepared by an attorney in contemplation of 1.tegaten i Attorney <lient pr6vilege, (Confidential communicatens between an ettorney and hes/her cf*ent.)
- 6. The withheNf mformation is esernpted from public disclosure because ets disclosure would result in a clearly unwarranted mvasion of personal pnvecy (Ememption 6)
- 7. The withheld enformation consists of recorda compded for low enforcement purposes and as bemg withheld for the reason (s) md cated (Exemption 7)
Desclosure could reasonably be espects,d to' interfere with an enfortement proceedmg because et could reveal'the scope, direction, and focus of '
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enforcement efforts, and thus opund possibly allow recipients to taae action to sheld potential wrongdoing or a velation of NRC requiremems from investiestors. (Emempton 7 (AH Disclosure would constitute an unwarranted invasion of personal privacy. (Enempteon 7(C))
The mformaten cons sts of names of mdividuals and other eformaten the disclosure of which cou6d reasonabtv be enoected to seveat identstes of confidential sources. (Emereption 7 (D))
l PART E. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25(bl and/or 9 25(c) of the U.S Nuclear Regulatory Commissen regulatiors. rt has been dewmened that the informaten withheld is esempt from pro.
ducten or disclosure, and that its production or disclosure is contrary to the puble interest. The persons responsible for the demat are those off coals identifed below as denymg Effcaals and the Director, Dives.on of Freedom of informaten and Publicatens Servces, Office of Adminestration, for any oemals that may be appeated to the Esecutive Director for Operatens (EDOL I
l DENylNG OFFfCIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL I
EDO SECRETARY C
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l PART 5. D-APPEAL R6GHTS l
The den.al by each denying official 6dentifed in Part II.C may be appealed to the Appellate Official 6dentified there. Any such appeal must be made m writmg withm 30 days of receipt l
of this response. Appeals must be addressed, as appropnate, to the E so.utive Director for Operetens to the Secretary of the Commission or to the Inspector Generet. U.S. Nuclear j
teverary Comm, won waihington. DC 20sss, and shouid citariy stste on the enveione and in the istter that it is an Appesi from an initisi Foi A Dec iian.-
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F0!A-94-137 APPENDIX A RECORDS TOTALLY WITIGIFLD NUMBER DAIE DESCRIPTION & EXEMPTION 1.
Various The entire Office of the Inspector General's file EX. 7A L
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