ML20209H797

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Final Response to FOIA Request for Secy Papers.App a Documents & Encl App B Documents in Pdr.App C & D Documents Partially & Completely Withheld,Respectively (Ref FOIA Exemption 5)
ML20209H797
Person / Time
Issue date: 02/02/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Williams O
JRA ASSOCIATES
Shared Package
ML20209H803 List:
References
FOIA-86-864 SECY-86-162, SECY-86-184, SECY-86-228, SECY-86-316, NUDOCS 8702060142
Download: ML20209H797 (6)


Text

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..Es.chsE Tv es RESPONSE TO FREED!M OF -bh '"^' l I "^'

g c o .e. / lNFORMATION ACT (FOlA) REQUEST [h 2 1987 DOCKET NUMBERtSi ur esseceael REQUEk N q

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[~ PART l.-RECORDS RELEASED OR NOT LOCATED (See checked bones)

No agency records subsect to the request have been located.

No additonal agency records subpect to the request have been located Agency records subsect to the request that are identifed in Appendiz " are already avadable for public inspecten and copwng in the NRC Public Document Room, X 1717 H Street N.W., Washogton, DC.

Agency records subpect to the request that are identifed in Appendia are being made avadable for pubhc inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washmgton, DC, in a folder under the FOIA number and requester name.

The nonpropnetary verson of the proposallsi that you agreed to accept in a telephone conversaton with a rnember of my staff is now bemg made available for public inspection and coymg at the NRC Pubhc Document Room,1717 H Street, N W , Washmgton, DC,in a folder under the FOIA number and requester name.

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

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

Cecordt subsect to the request have been referred to another Federal agencylies) for review and direct response to you.

In wow of NRC's response to the request, no further actson is being taken on appeal letter dated PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam mformaton in the requested records is being withheld from public disclosure pursuant to the FOIA esemptons desenbod in and for the reasons stated in Part 11. sec-tone 8, C, and D. Any released portions of the documents for which only part of the record is being wethheld are being made available for public inspecten and copying in the NRC Public Document Room,1717 H Street, N W , Washmgton, DC, in a folder under this FOIA number and requester name.

'Commens 8702060142 870202 LIA -864 PDR A .

SIGN DIRECTOR, DMSi RULES ' RECORDSj

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FREEDOM OF INF!RMATION ACT RESPONSE FOIA NUMBERISL - '

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I PART ll 8- APPLICA' LE FOlA EXEMPTIONS Records subject to the request that are described in the enclosed Appendices -. 1 are being withheld in their entirety or in part under FOIA Eaemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 C % 9.5(a) of NRC Regulations.

1. The wthheld informaten is properfy classifed pursuant to Executrve Order 12356 (EXEMPTION 1)
2. The withheld information relates solely to the eternal personnel rules and procedures of NRC. (EXEMPTION 2}
3. The wthheld informaton is specifically esempted from public deciosure by statute mdicated IEXEMPTION 3)

Secten 141-145 of the Atomic Energy Act which prohibits the d sclosure of Restncred Data or Formerty Restncted Data (42 U S.C. 2161-2165L Secten 147 of the Atomic Energy Act which prohibits the disclosure of Unclassefed Safeguards Information 142 U.S.C. 2167L

4. The wthheld information is a trade secret or commercial or financial eformation that a bemg withheld for the reason (s) indicated: (EXEMPTION di The information is considered to be confidental business (propretary) informaton.

The mformaten is considered to be propretary mformation pursuant to 10 CFR 2390(dHIL The information was submitted and received m confidence from a foreign source pursuant to 10 CFR 2.790(dH21.

5. The withheld informaton consists of iriteragency or intrangency records that are not avaelable through deovery dunng lingation Dociosure of predecmenal information wouid tend to inhibit the open and frank euchange of ideas essential to the dehberat we process. Where records are withheld in their entirety. the facts are mentricably intertwmed with the predecisonal informaton. There also are no reasonably negregable factual portions because the release of the facts would permit an indirect mquiry mto the predecimenal process of the egency. (EXEMPTION 51
6. The wthhe6d information a exempted from public disclosure because its disclosure would result e a clearty unwarranted invasen of personal privacy. (EXEMPTION 6)
7. The wthheld information consists of investigatory records comoded for law enforcement purposes and a being wthheld for the reason (s) mdicated (EXEMPTION 7)

Disclosure would interfere with en enforcement proceeding because it could reveal the scope, duection, and focus of enforcement efforts and thus could possitwy allow them to take action to shield potential wrongdoing or a volation of NRC requuements from investigators. (EXEMPTION 7(AH Declosure would constitute an unwarranted evasion of personal pnvecy (EXEMPTION 7tCH The information consists of names of mdividuals and other information the disclosure of which would reveal identities of confidentui sources. (EXEMPTION 7tDH PART 18 C-DENylNG OFFICIALS Pursuant to 10 CFR 9 9 and 'or 915 of the U S. Nuclear Regulatory Commesen regulatens. it has been determmed that the lnformaten wthheld is enempt from producten or disclosure, and that its production or disclosure e contrary to the public mterest The persons responsible for the densat are those officals identified below as denymg officials and the Director, Divoon of Rules and Records, Office of Admmetration, for any densais that may be appeated to the Executive Director for Operatens stoon DENylNG OFFICIAL , TITLE (OF FICE RECORDS DENIED APPELLATE OFFICIAL

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PART If D- APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any s, ch appeal must be in writing and must be made within 30 days of receipt of this fesponse. 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 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision.

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