ML20212C840

From kanterella
Jump to navigation Jump to search
Final Response to FOIA Request for Stello 870113 Memo to Hayes Re Request for Investigation.App a Documents Withheld (Ref FOIA Exemptions 5 & 7)
ML20212C840
Person / Time
Issue date: 02/27/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Knight J
QUALITY TECHNOLOGY CO.
References
FOIA-87-98 NUDOCS 8703040013
Download: ML20212C840 (2)


Text

p.

U.S. NUCLEAR EE!ULATORY COMMISSION N

u.E gist NgystriS, e

[

11 h

f,(

. f."% r ans,-

9 p

T S

_ RESPONSE TO FREEDOM OF

]

D*^'

I l '^"'

\\,- (t INFORMATION ACT (FOIA) REQUEST g

FEB3'itsar e..ee DOCKET NUMBERtS)(# spp6ceast ONA llb

') PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked boxes)

No agency records subject to the request have been located.

No additional agency records subject to the request have been located.

Agency records subject to the request that are identified in Appenda are already available for public inspecten and copying in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC. In a folder under this FOIA number and requester name.

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made avaiable for pubisc inspection and coymg at the NRC Public Docurnent Room,1717 H Street, N.W., Washington, DC, in a folder ur.de this FOIA 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 subject to the request are enclosed. Any applicable cha*ge for copies of the records provided and payment procedures are noted in the comments section.

Records subject to the request have been referred to another Federal agencybes) for review and direct response to you.

In view of NRC's response to this request, no further action is being taken c.n appeal letter dated PART li.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part li, sec.

tions B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC in a folder under this FOIA number and requester name.

Domments 8703040013 870227 PDR FOIA KNIGHTB7-98 PDR-A SIGN RJ. 01 RECTOR, DMSION ULES A{r'

'ORD$

pr y?.L-~ - ~

$sMY%

Afb &

')

1 s

g.-

NRC FORM 464 (Part u ties:

I

REEDOM OF INFORMATION ACT RESPONSE FOIA fdVMBERISc

~

~

DATE. rea a e -

PART ll.8-APPLICABLE FOIA EXEMPTIONS T "' " ' W Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under FOIA Exemptions end 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 ethheld infortnaten is property class 4 fed pursum so inecutive Order 12356 (EXEMPTION 1)
3. The withheld informaton relates solely to the intemal personnel rules and procedures of NRC. (EXEMPTION 2)
3. The withheld information is specificany exempted from public disclosure by statute indicated: { EXEMPTION 3)

Secticn 141145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerfy Restricted Data (42 U.S.C. 21612165).

So ion 147 of the Atomic Energy Act which prohibits the disclcsure of Unclassified Safeguards Informaton (42 U.S.C. 2t67).

4. The withheld information is a trade secret or commercial or financial informaton that is being ethheld for the reason (s) indicated: (EXEMPTION 4)

The information is cons.dered to be confidential business (proprietary) information.

The infc mation is considered to be proprietary information pursuant to 10 CFR 2.790iditt).

The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(d 121.

5. The withheld information consists of interagency or intraagency records that are not availat>le through discovery dunng I<tigation. D' closure of predecisional informaton s

would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are mthheld in their entarety, the facts are inextricabby intertwmed with the predecisenal information. There also are no reasonably segregable factual portons because the release of the facts would permet an indirect inquiry into tne predecisional process of the egency. (EXEMPTION 51

6. The withheld information is enempted from public disclosure because its disclosure would result in a dearly unwarranted invasion of personal privacy. (EXEMPTION 6)

-c

7. The withheld informaton consists of investigatory records compies for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7)

J 4 '

Disclosure would interfere with an enforcement proceeding because et could reveal the scope. direction, and focus of enforcement efforts. and thus could possitWy allow them to take action to shield potential wrongdoing or a violaton of NRC requirements from investigators. IEXEMPTION 7(A))

U l

Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7(C))

j The mformation corsists of names of individuals and other information the disclosure of which would reveal identities of confidential sources. (EXEMPTION 7(D))

PART ll.C-DENYING OFFICIALS I

Pursuant to 10 CFR 9 9 and/or 9.15 of the U S. Nucteer Regulatory Commission regulations, it has been determined that the information withheld is exempt from producten or disclosure, and that its producten or declosure is contrary to the public interest. The persons responsible for the denial are those officials identsfed below as denying officials and the Director.

' Division of Rules and Records. Office of Administraton, for any denials that may be appealed to the Executive Director for Operations (EDol.

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL N

O t -.

PART 11 D-APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Official identified 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 Opera. ions or to

'. ejecretay,,of the Commission, U.S,. Nuclear, Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter tnet n se en appuoi esum me u

u. r e i.m un.

mac Fone eas tPert a U.S. NUCLEAR REGULATORY COMMISSION mm FOIA RESPONSE CONTINUATION 1

. AL

.: t

[f"^*

Ri: F01NII-/

l-

?.

APPENDIX 7 RECORDS TOTALLY WITHHELD 1 NUMBER-

~DATE DESCRIPTION & EXEMPTION-e E LM hDf'.SLdicctICTi.

( /;-]rejog f

1 a

9 1

s

-s f'

e i

6 1

b

'4 4

p.

,