ML20206A511

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Final Response to FOIA Request for Info Re Reorganization. Forwards App a Documents.App a Documents Available in Pdr. App B Documents Withheld (Ref FOIA Exemption 5)
ML20206A511
Person / Time
Issue date: 04/06/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Bauman L
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20206A515 List:
References
FOIA-87-86 NUDOCS 8704080058
Download: ML20206A511 (4)


Text

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l RESPONSE TO FREEDOM OF (e..e/

INFORMATION ACT (FOlA) REQUEST

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PART 1.-RECORDS RELEASTD OR NOT LOCATED (See checked bones)

No egency records subject to the request have been located.

No additenas agency records sub set to the request have been uso.

t Agency records subtect to the request that are identded in Appendix are already avadable for public irspection and copymg in tha NRC Public Docurrent Room, 1717 H Street, N.W. Washington, DC.

Agency records subject to the request that are identifed in Appendix are being made avaJable for public inspecten and copymg in the NRC Public Document Coom.1717 H Street. N.W., Washington, DC. In a folder under the FOIA number and requester name.

The nonpropnetary version of the proposalis) that you agreed to accept in a telephone conversaron with a member of my staff is now being made avaiable for puble inspection and coying at the NRC Public Document Room,1717 H Street. N W. Washmgton. DC. in a folder under the FOfA number and requester name.

Enclosed is information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

Agency records subtect to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments section.

Records subsect to the request have been referred to another Federal agency (es) for revew and direct response to you.

In vow of NRC's respor'se to the request, no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informate m the requested records is being wwthheld from pubhc declosure pursuant to the FOIA exemptons described in and for the reasons stated in Part 11 sec-tions B, C, and D. Any released portons of the documents for which only part of the record is being withheld are being made avadable for public inspection and copymg in the NRC Public Dwument Room,1717 H Street N.W., Washmgton, DC, m a folder under the FOIA number and requester name.

Comments 8704080058 870406 PDR FOIA BAUMAN87-86 PDR SIG.

f. DIRECTOR. C dsiCN AULE RECORD OW

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CRC FORM 464 iPan 11 to esa 4

'F^EEDOM OF INFORMATION ACT CESPONSE FOIA NUMBERIS);

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PART ll.8-APPLICABLE FOlA EXEMPTIONS Records subject to the request that are desenbed in the enclosed Appendices <b are being withheld in their entirety or in part under FOIA Esemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The wthheld info *maton is property clas:sfed pursuant to Executnre Order 12356 (EXEMPTION 1)
2. The wthheid information relates solely to the infomal personnel rules and procedures of NRC. (EXEMPTION 21
3. The wthhe6d eformanon is specifcally exempted from put*c disclosure by statute mdicated: (EXEMPTION 3)

Secten 141145 of the Atomc Energy Act which proNtxts the declosure of Restricted Data or Formerly Restricted Data 142 U S.C. 216121651.

Secten 147 of the Atorruc Energy Act whch proNtzes the disclosure of Unclassifed Safeguards informaton 142 U S.C. 2167).

4. The withheld information is a trade secret or commercial or financial information that a being withheid for the reasontsi edicated. (EXEMPTION 4)

The informatson is considered to be confidential bus. ness (proprietary) informaton.

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The informaton a considered to be propretary informaton pursuant to 10 CFR 2.790(dH1).

The informaton was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(dM2).

5. The withheld esformaton conssts of interagency or intrangency records that are not available through descovery dunng litigaton. Osclosure of predecisionat informaton 1

I would tend to inhitut the open and frank exchange of ideas essential to the deliberative process. Where records are ethheld in their entirety. the facts are inextncably intertwined with the predecisonal informaton. There also are no reasonably segregable factual portions because the reeesse of the facts would permat an indirect enquiry ento tne predecisional process of the agency (EXEMPTION Si l

6. The wthheld mformation is exempted from public declosure because its disclosure would result in a charfy unwarrar'ted evason of personal pnvacy. (EXEMPTION 61
7. The withheld information consats of ewestgatory records compaed for law enforcement purposes and is bemg wtheeed for the reason (s) indicated. (EXEMPTION 7)

Desciosure would eterfere wth an enforcement proceedirig because it could reveal the scope. directon. and focus of enforcement efforts. and thus could possibty anow them to take acton to sheed potential wrongdomg or a violaten of NRC requirements from mvestgators. IEXEMPTION 7!A))

Declosure would constitute an unwarranted invasion of personal pnvacy (EXEMPTION 7(C)I The information conssts of names of mdmduals and other mformaton the dsclosure of which would reveal identrties of confidential sources- (EXEMPTION 7(01)

PART 11 C-DENYING OFFICIALS C\\,rsuant to 10 CFR 9 9 and 'or 9.15 of the U S. Nuclear Regulatory Commason regulatons. it has been determined that the eformation wthheld e esempt from producten or <* sclosure, and that its prodden or dscionure a contrary to the pubhc interest. The persons responsible for the denial are those officials identifed below as denymg officials and th Director.

Diveion of Rules and Records. Offce of Adm netraten, for any denials that may be appeased to the Execuove Director for Ope *atens IEDol.

DENylNG OFFICIAL TITLE OFFICE RECORDS DENIED APPELLATE OFFICIAL 8% 6 pg '4C flE TF1 lb 5'caEn av too 306 01 CM of THE Cr mmdA: y 0PpiNW B V

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s PART 11 D-APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appettate Official identified in that section. Any such appeal must be in wnting and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Eaecutive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20565, and should clearfy state on the envelope and in the letter that it is an " Appeal from an initial FOIA Decision."

mc Fonu ess (Pert 2)

U.S. NUCLEAR REGULATORY COMMISSION Casi FOlA RESPONSE CONTINUATION

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Re: F01A-87-86 APPENDIX A RECORDS BEING PLACED IN PDR 1.

10/29/86 Memorandum from Cmr. T. Roberts to Chm. Zech; subject:

" Reorganization" 2.

9/24/86 Memorandum from J. Hoyle to Victor Stello; subject:

"SECY-86-240 - Office of Information Resources Management" i

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Re: F0!A-87-86 APPENDIX B DENIED IN ENTIRETY EXEMPTION (5) 1.

J.K. Asselstine's handwritten notes ref a 12/15/86 memo from Chm Zech to the Comm subject "NRC Reorganization" 2.

12/18/86 J.K. Asselstine's vote subject " Organizational Options Paper for State and International Programs" 3.

11/21/86 Annotated copy of memo from T. Rehm to Consissioner Assistants; subject: "NRC Reorganization" 4.

10/31/86 Note from James Meyer to Bernthal subject

" Reorganization" (2 pages) 5.

12/15/86 Memorandum from Chm Zech to Comm subject "NRC Reorganization" (i.

6/20/86 Memorandum from Palladino to Stello subject "IRM Office" l

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