ML20155K241

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Responds to FOIA Request for Four Categories of Documents Re Cia.Documents in Categories 1-3 Withheld (Ref FOIA Exemptions 1 & 3).Documents 1-10 Withheld (Ref FOIA Exemptions 1 &/Or 3).Attachments to Document 10 Encl
ML20155K241
Person / Time
Issue date: 04/18/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To:
GUARDIAN INDEPENDENT RADICAL NEWSWEEKLY, NEW YORK
Shared Package
ML20155K243 List:
References
FOIA-86-9 NUDOCS 8605270421
Download: ML20155K241 (26)


Text

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APR 181156 Mr. Jonathan Bernett The Guardian 33 West 17th Street IN RESPONSE REFER New York, NY 10011 TO F01A-86-9

Dear Mr. Bennett:

This is in response to your letter dated January 3,1986, in which you requested, pursuant to the Freedom of Information Act, (F0IA) four categories of documents regarding the Central Intelligency Agency (CIA).

In response to categories one and two of your request and to the extent that they concern overt, officially acknowledged current or former CIA employees, no responsive records were identified since the NRC has not been the recipient of such CIA employees in the status of detail, transfer, assignment or relocation, that there are no such understandings or agreements between the CIA and the NRC and that there are no communications between the CIA and such employees.

In response to category three and to the extent that it concerns overt, publicly acknowledged transfers of funds, no responsive records were identified.

In further response to categories one, two, and three, I have been informed that the fact of the existence or nonexistence of any additional documents which would reveal a confidential or secret CIA connection, relationship, or interest is classified pursuant to Executive Order 12356, and falls within the scope of $102 (d) (3) of the National Security Act of 1947 (50 U.S.C.

5403) (d) (3)), $6 of the CIA Act of 1949 (50 U.S.C. 5403g), and 52 (a) of the Intelligence Identities Protection Act of 1982 (50 U.S.C. $421).

Therefore, to the extent that items one, two, or three of your request might concern such records, the request is denied pursuant to F0IA exemptions (b)(1) and (b)(3). By this response we are neither confirming nor denying that any such records exist.

Lastly, in response to category four, regarding the policy and practice of the NRC concerning the release of information about relations between the NRC and the CIA, a thorough and comprehensive search identified ten responsive documents. Documents numbered one and two, each a memorandum, have been determined to be currently and properly classified pursuant to Executive Order 12356, and fall within the scope of 5102 (d) (3) of the National Security Act of 1947 (50 U.S.C. 5403 (d)(3)) and 96 of the CIA Act of 1949 (50 U.S.C. 5403g).

They are therefore denied pursuant to F0IA exemptions (b)(1) and (b)(3).

Documents numbered three through nine, consisting of three letters and four 8605270421 860418 PDR FOIA BENNETT86-9 PDR 1

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Mr. Bennett memoranda, have been determined to be within the scope of 5102 (d) (3) of the National Security Act of 1947 (50 U.S.C. g403 (d) (3)) and 56 of the CIA Act df 1949 (50 U.S.C. 9403g). These documents are therefore denied pursuant to F0IA exemption (b)(3). This same determination applies to document numbered 10 except that the attachments thereto have been determined to be releasable to you and are provided herewith and are being placed in the NRC Public Document Room, 1717 H Street, NW, Washington, DC 20555.

Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. Raymond J.

Brady, Director, Division of Security.

This denial may be appealed to the Comission's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

This completes action on your request.

Sincerely, p Y h l=&y Donnie Grimsley, Director Division of Rules and Records Office of Administration

Enclosures:

As stated

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