ML20214P414

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Final Response to FOIA Request Re Logs for RFPs RS-OIE-87-120,125,126 & 127.App a Document Withheld Until After Contracts Awarded (Ref FOIA Exemption 5)
ML20214P414
Person / Time
Issue date: 06/01/1987
From: Robinson L
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Ishii H
DIGITAL ENGINEERING, INC.
References
FOIA-87-249 NUDOCS 8706030369
Download: ML20214P414 (3)


Text

U.S. NUCLEAR RE:!ULATORY COMMISSION Nic Foi.r. AEoutsi Nuu;Emsi e-~*s foa-17-2M

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INFORMATION ACT (FOlA) REQUEST DOCKET NUM8ER'Se ut especeaes E0utSTE R d4

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PART 1.-RECORDS RELE ASED OR NOT LOCATED (See checked bonest No agency records subsect to the request have been located.

No additional agency records subsect to the request have been located Agency records subst to the request that are identified in Appendia are already avadable for public itJpecteon and copying in the NRC Public Document Room, 1717 H Street. N.W., Washmgton, DC Agency records subpect to the request that are iduntifed e Appendix are bemg made avadable for public inspection and copymg in the NRC Public Document Room,1717 H Street. N W., Washmgton, DC. m a folder under thes FOIA number and requestes name.

The nonpropnetary versson of the proposalist that you agreed to accept in a tesephone conversaton with a member of my staff is now being made avadable for public inspecten End coymg at the NRC Public Document Room,1717 H Street, N W. Washington, DC. in a folder under thes FOtA number and requester name.

Enclosed e information on how you may cbts n access to and the charges for copymg records placed in the NRC Public Document Room,1717 H Street, N.W., Washmgton, DC.

Agency records subiect to the request are enclosed. Any applicable charge for copes of the records provided and payment procedures are noted m the comments section.

Records subsect to the request have been referred to another Federal agencybest for review a:.d detect response to you.

In view of NRC's response to this request, no further action a being taken on appeal letter dated F ART tl.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certa.n information in the requested records a bemg withheld from public disclosure pursuant to the FOIA exemptons desenbed m and for the reasons stated in Part II, sec-tions 8. C, and D. Any released portens of the documents for whech or'ly part of the record as bemg withheld are bemg made avadable for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC. m a folder under this FOIA number and requester name Comments f)" U-o e

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FZ.EEDOM U INFORMATION ACT RESPONSE FO:A NUMBERISI

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a PART 18 8-APPLICABLE FOIA EXEMPTIONS fecords subject to the request that are described in the enclosed Appeneces are being withheld in their entirety or in part ur' der FOIA Eaemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and to CFR 9.5(a) of NRC Regulations.

1. The wthheld information e property classefed pursuant to Execurrve Order 12356 (EXEMPTION 1)
2. The withheid information relates solway to the entemal personnel rules and procedures of NRC. (EXEMPTION 21
3. The wthheld enformaten is specifcally exempted from public disclosure by statute mdicated: IEXEMPTION 3)

Section 141-145 of the Atomc Energy Act which prohibits the disclosure of Restrcted Data or Formetty Restncted Data 142 U.S.C. 21612165L Section 147 of the Atomic Energy Act whch prohibits the d sclosure of Unclassified Safeguards Information 142 U S.C. 2167L

4. The wthheld informaDon is a trade secret or commercial or fmancial information that is being withheld for the reason (s) indcated: LEXEMPTION 41 The information is considered to be confidential busmess (propretaryl mformaten.

The information is considered to be propr:etary mformation pursuant to 10 CFR 2.790(dHIL The inforrnaten was submitted and recerved in confidence from a foreign source pursuant to 10 CFR 2.790td:12)

5. The withheld informaton conssts of interagency or intraagency records that are not avadable through discovery dunng litigation. Osclosure of predecisonal information would tend to mhibit the open and frank enchange of ideas essentel to the dehberative process. Where records are wthheld in their entirety, the facts are inextreablv intertwmed w:th the predecimonalinformaton. There also are no re sonably segregable factual portions because the release of the facts would permit an edirect mquery mto the predecimonal process of the agency. (EXEMPTION 51
6. The wthheld information is exempted from puble disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvacy. (EXEMPTION 6)
7. The withheld information conosts of investigatory records comoded for law enforcement purposes and a being withheld for the reason (s) indicated. (EXEMPTION 7)

Deciosure would interfere wth an enforcement proceedeg because et could reveal the scope. direction. and focus of enforcement efforts. and thus could poembly allow them to take action to sheid potential wrongdoing or a volation of NRC requirements from investigators. (EXEMPTION 7(A))

Declosure would constitute an unwarranted ;nvasen of personal privacy IEXEMPTION 7(C))

The informaten consists of names of individuals and other informaton the disclosure of whch would reveal identities of confidentel sources. IEXEMPTION 7(D))

PART ILC-DENylNG OFFICIALS Pursuant to 10 CFR 9 9 and 'os 915 of the U S. Nuclear Regulatory Commisson regulatons. it has been determmed that the information wthheid is exempt from producten or disclosure, and that its production or declosure is contrary to the pubic interest. The persons responsible for the denial are those offcals identifed below as denymg officets and the Director.

Diveson of Rules and Records. Offee of Administration, for any oenials that may be appealed to the Execuove Director for Operations IEDot DENylNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SECRETARY EDo UNN.

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- a PART ll 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 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 Regulatory Commission, Washington, DC 20555, and should clearty state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

mac FonM aos IPert 21 U.S. NUCLEAR REGULATORY COMMISSION is se>

FOIA RESPONSE CONTINUATION

F0IA-[7-J/9 Re:

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RECORDS TOTALLY WITHHELD NUMBER DATi' DESCRIPTION & EXEMPTION

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