ML20212E382

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Final Response to FOIA Request for Documents Re Commissioner Zech Correspondence.App a Documents Available in Pdr.App B Documents Withheld (Ref FOIA Exemption 5)
ML20212E382
Person / Time
Issue date: 12/18/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Rohner M
GANNETT NEWS SERVICE, WASHINGTON, DC
References
FOIA-86-800 NUDOCS 8701050313
Download: ML20212E382 (4)


Text

U.S. NUCLEAR RE!ULATORY COMMISSION NacVhfEOutSTNLY8EL@iI /A D O e

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INFORMATION ACT (FOIA) REQUEST

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DOCRET NUMBER $1 t/f appkabel VlF \\ ird Mwt PART l.-RECORDS RELEASED OR NOT LOCATED (See checaed bones)

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

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

Agency records subject to the request that are identifed en Append 4x _ _f are already available for public inspecton and copymg in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.

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

The nonpropnetary version of the proposaksi that you agreed to accept in a telephone conversaton with a member of my staff is now being made avalable for public inspection cnd coying et the NRC Public Document Room,1717 H Street, N W., Washington, DC, in a folder under this FOIA number and requester name.

Enclosed is informaton 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 charge for copies of the records provided and payment procedures are noted in the comments section, Records subject to the request have been referfed to another Federal agencyties) for reve* and direct response to you.

In view of NRC's response to this request, no further acton is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain enformaton in the requested records e being withheld from public disclosure pursuant to the FOIA exemptons desenbod in and for the reasons stated in Part it, sec-tions 8. C, and D. Any released portons of the documents for which only part of the record is being withheld are bemg made available for public inspecton and copymg in the NRC Public Document Room,1717 H Street, N.W., WasNngton, DC, in a folder under this FOIA number and requester name.

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Ytb 8701050313 861218 PDR FOIA ROH.NER86-800 PDR NRC FORM 464 iPart n as es!

FIEEDOM OF INFIRMATION ACT RESPONSE FOIA NUMBER <St DATE:bk M/

e PART If B-APPLICA1LE FOIA EXEMPTl;NS Records subject to the request that are descnbed in the enclosed Appendices are being withheld in their entirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) an'310 CFR 9.5(a) of NRC Regulations.

1. The mthheid mformaton a property class # fed pursuant to Executive Order 12356 (EXEMPTION 11
2. The mthheld informaDon relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 21
3. The mthhe'd informanon is specifcally esempted from public declosure by statute mdicated (EXEMPTION 3)

Secten 141 145of the Atomic Energy Act whch prohibits the disclosure of Restncted Data or Formerfy Restncred Data (42 U S.C. 2161-21651.

Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information (42 U.S C. 2167).

4. The mthheld information is a trade secret or commercial or fmancial informaton that is bemg withheld for the reason (s) indcated: (EXEMPTION 4)

The informaton is considered to be confidential business (proprietary) mformation.

The information is considered to be propnetary informaton pursuant to 10 CFR 2.790(dH1).

The informaton was submitted and rece~ed in confidence from a foreign source pursuant to 10 CFR 2 790tdH2L

5. The withheld informaton conosts of inte agency or intraagency records that a e not available through discovery dunng htigaton. Osclosure of predecisional 'nformaton would tend to inhitut the open and frank enchange of ideas essential to the dehberative process Where records are withheld in their entirety, the facts are mentricabiy intertwmed eth the predecisional informaton. There also are no reasonably segregable factual portons because the release of the facts would permit an indirect mquery mto the predecisonal process of the agency. (EXEMPTION 51
6. The withheld informanon is exempted from pubic declosure because its disclosure would result in a clearfy unwarranted invason of personal privacy. (EXEMPTION 61
7. The mthheld informaton conssts of investigatory records compiled for law enforcement purposes and is being ethheld for the reason (s) indscated. (EXEMPTION 71 Disclosure would interfere mth an enforcement proceeding because et could reveal the scope, directon, and focus of enforcement efforts. and thus could possibly allow them to take acton to sheid potential wrongdomg or a volaton of NRC requirements from evestigators. (EXEMPTION 7 TAU Disclosure would constitute an unwarranted invasion of personal pnvacy (EXEMPTION 7(CH The informaton consists of nar,es ei ede-duals and other informat on the disclosure of which would reveal identities of confidential sources. (EXEMPTION 7tDH PART fl.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 915 of the U S. Nuctaar Regulatory Commisson regulatons, it has been determmed that the informaton withheld a exempt from producten or disclosure.

and that its producten or declosure is Contrary to the publ c mterest. The persons responsible for the denial are those offcials edentif.ed below as denying offcials and the Director.

Omsion of Rules and Records, Offee of Admmetration, for any denials that may be appealed to the Execumve Director for Operatons itoot DENylNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL q-Th O1 - 1 0

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e PART H D-APPEAL RIGHTS The denial by each denying official identifiec'in Part ll.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in wnting and must be made within 30 days of rece;pt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commis.sion, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal frtam an Initial FOIA Decision."

mac romu eeurert a U.S. NUCLEAR REGULATORY COMMISSION ro ssi FOIA RESPONSE CONTINUATION

l Re:

F01 A-86-800 APPENDIX A

RECORDS MAINTAINED AMONG PDR FILES NUMBER DATE DESCRIPTION

.1.

6/2/86 Letter from L. W. Zech, Acting Chairman, to C. H. Dean, Chairman, TVA, regarding harassment and intimidation issues.

(3pages) PDR Accession No. 8606120906-1 d

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Re: F0IA.86-800 APPENDIX B J

RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION 1.

3/14/86 Note for Commissioner Zech from Brad Jones regarding harassment and intimidation.

(2 pages) - Exemption 5 a

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