ML20207Q090

Final Response to FOIA Request for Documents Re 850701 Control Room Mishap & Probe of Util Confidential Whistleblower Program.Documents Listed in App a in Pdr. Documents Listed in App B Withheld (Ref FOIA Exemption 7)

ML20207Q090
Person / Time
Site:	Fermi
Issue date:	01/16/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Sedgwick D DETROIT NEWS, DETROIT, MI
References
FOIA-86-519 NUDOCS 8701230008
Download: ML20207Q090 (4)

Text

U.S. NUOLEA'.1 RE!ULATORY COMMISSION wcv routat - tas r*"'%,

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[ INFORMATION ACT (FOlA) REQUEST JAN 16 ton 7 - - -

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l ( e Y PART 1.-RECORDS RELEASED OR NOT LOCATED ISee checked bonest No agency records subrect to the request have been located.

No additenal agency records sutaect to the request have been locatg Agency records subrect to the request that are identifed in Appendia are already availaole for public inspection and copymg in the NRC Public Document Room, 1717 H Street, N.W., Washmgton, DC.

Agency records subject to the request that are identifed in Appendia are bemg made avadable for public inspection and copying in the NRC Pubhc Document Roorn,1717 H Street, N W., Weehington, DC, in a folder under the FOIA number and requester name.

The nonproprietary vers;on of the proposal (s) that you agreed to accept in a telephone conversation with a enember of my staff is now being made evaaabte for pubhc ansc,ection and ccymg at the NRC Pubhc Occument Room,1717 H Street. N W , Washmgton, DC, in a folder under this FOlA number and requester name.

Enclosed e informaton on how you may obtain access to and the charges for copymg records piaced in the NRC Pubhc Docume9: Room,1717 H Street. N W., Washington. DC.

Agency records subtact tu the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted en the comments secten.

Records subject to the request have been referred to another Federal agencytesi for review and d. rect response to you.

In view of NRC's response to the request. no further action is being taken on appeal letter dated PART ll A-INFORMATION WITHHELD FROM PUDLIC DISCLOSURE Certain informaton in the requested records is being withheld from publec disclosure pursuant to the FOIA exemptons described in and for the reasons stated in Part II, sec-tons B, C, and D. Any released portens of the documents for which only part of the record es being withheld are being made available for pubhc inspecten and copying in the NRC Public Document Room 1717 H Street. N W., Washmgton, DC, in a folder under the FotA number and requester name.

Comments A -

SIGN a OIRECTOR. OlytSIO O ULE RECORDS A 1 p:j

2. ...?:E 8701230008 870116 PDR FOIA SEDC'4IC8.6 _619 .PDR . . _ ,

NRC FORM 4M (Part 11 toasi

s FREEDOM OF INFORMATION ACT CESP2NSE FOIA NUMBETaSt OATE: JAN 101937 5 4 PART 11 B- APPLICABLE FOlA EXEMPTl;NS Records subject to the request that are described in the enclosed Appendices . are being withheld in their entirety or in part under FOIA

<'isernptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and"10 CFR 9 5(a) of NRC Re;,ulations.

t. The wthheld information a property classsfed pursuant to Executive Order 12356 (EXEMPTION 16

2. The withheld informatson relates solely to the mternal personnel rules and procedures of NRC IEXEMPTION 21

3. The withheld information a specifically enempted from public deciosure by statute md cated. (EXEMPTION 3) i Secten 141145 of the Atorme Energy Act which prohbts be declosure of Restricted Data of Formerly Restricted Data (42 U.S C. 2161-2165).

Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassifed Safeguards Information 142 U S C. 2167L

4. The withheld information is a trade secret or commercial or financial esformation that a bemg uthheld for the reason's edicated IEXEMPTION di The informaton is consedered to be conf *dential business fpropretaryl informat on.

The mformaton is considered to be proprietary informaton pursuant to 10 CFR 2 790tdll11.

The mformation was subestted and receased in confidence from a foreign source pursuant to 10 CFR 2 790(d12L

5. The withheld informaton cor+sists of interagency or mtraagency records that are not available through discoverg du r mg litigN. Declosure of predecesonal information would tend to inhet the open and frank enchange of ideas essential to the descerative process. Where recoras are wt% held in their entirety, tne facts are mentricably intertwmed wth the predecisenat mtormaton. There also are no reasonably segregable factual portons because the eesease of the facts would permit an mdirect mouery into the predecisonal process of the agency. (EXEMPTION 51

6. The withheld informate is esempted from public disclosure because its dmches would result m a clearly unwarranted invason of personal prwacy. (EXEMPTION 66

7. The ethhed mformation consists of investigatory records compded for law enforcement purposes and a beir'g ethbeid for the reasantsi mdicated. (EXEMPTION 76 Disclosure wove d eteita.e with an enforcement proceedeg because rt could reveal the scope, directen, and focus of enforcement efforts. and thus cout1 possiory allow them to take action to shield potential wrorigdoing or a volation of NRC requerements from mvestigators. (EXEMPTION 7(A))

r Disclosure would constitute an unwarranted invason of personal prwacy (EXEMPTION 7(C))

The informaton consssts of names of individuals and other informaton the desclosure of whch would reveal identrties of confidential sources. (EXEMPTION 78Da PART 11 C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and tor 915 of the U S. Nuclear Regulatory Commason regulatons it has been determined that the mformat on ethheld e exempt from producten or discicsw e. r and that its producten or d sclosure e contrary to the publsc mterest. The persons responsible for the denial are those offcals identifed below as denymg offcals and the Director.

Develon of Rules and Records. Office of Admmistrat.on, for any denials that may be appealed to the Executwo Director for Operationsitoot DENylNG OFFICIAL L TITLE ' OFFICE

_ RECORDS DENfED APPELLATE OFFICIAL Q( g sec % m y too S-%,_<. .n tN %, dafums kDubnl'

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~d PART 18 D-APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Officialidentified in that section. 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 Re that it is an " Appeal from an Initial FOIA Decision.gulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the let senc Fonu een iPort 2:

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