ML20214U395

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Responds to FOIA Request for Documents Re Plant.Documents Listed in App a Forwarded to PDR & Encl.Documents Listed in App B Withheld (Ref FOIA Exemption 7)
ML20214U395
Person / Time
Site: Fermi DTE Energy icon.png
Issue date: 12/03/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Bauman L
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20214U397 List:
References
FOIA-86-736 NUDOCS 8612090258
Download: ML20214U395 (4)


Text

U.S, NUCLEAR CEIULATORY COMMISSION N: ussay y .w '

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RESPONSE TO FREEDOM OF INFORMATION ACT IFOIA) REQUEST j [('**' gg 3 g I I "^'

DOCAET NUMBER (Si(# spokoom W"Grk kuumn ) GW' ~

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

No egency records subject to the request have been located.

No additonal agency records subrt to the request have been located, Agency records subyset to the request that are identehed in Appendix are already available for public inspecten and copying in the NRC Public Docu nent Room, 1717 H Street, N.W., Washington, DC.

5 Agency records subject to the request that are identdied in Appondin ,

are being made available for public inspection and copying in the NRC Public Document T.oom,1717 H Street, N.W., Washington, DC, in a folder under this F IA number and requester name.

The nonpropnetary version of the proposaHsl that you agreed to accept in a telephone conversation with a member of my staff is now being made avaiable for public inspection and coving at the NRC Public Document Room,1717 H Street, N.W , Washington, DC, in a folder under this FOfA number and requester name.

Enclosed is information on how you may obtain access to and the cr.arges 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.

Cocords subloct to the request have been referred to another Federal agency (ies) for review and direct response to you.

In view of NRC's response to this request, no further BCten is being taken on appeal letter dated PART ti.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records is being withheld f,om public oisclosure pursuant to the FOIA esemptons described in and for the reasons stated in Part 11, sec-tions B, C, ami D. Any released portons of the documents for which only part of the record is being withheld are being made available for public inspection and copying en the NRC Public Dacument Room 1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

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,' Comments 8612070258 861203 PDR FCIA BAUW.N86-736 PDR A

TURE, DIRECTOR ISION LES AND RECORDS

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FTEEDOM OF INFORMATION ACT RESPONSE FOIA NUMBENSL l

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PA%T ft 8- APPLICABLE FCIA EXEMPT'ONS Records subject to the request that are described 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) and 10 CFR 9.5(a) of NRC Regulations.

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1. The withheid enformation a prcperly classified pursuant to Executive Order 12356 (EXEMPTION 11
2. The withheid informaton relates solely to the internal personnel rules and procedu esr of NRC. IEXEMPTION 21
3. The withheld information is specifically exempted from public declosure by statute indicated: (EXEMPTION 3)

Secten 141145 of tne Atomic Energy Act which prohibsts the disclosure of Restncted Data <or formerly Restncted Data (42 U.S C. 21612165L

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Secten 147 of the Atomic Energy Act which prohibits the dsclosure of Unclassafed Safeguards informaton (42 U S C. 2167).

4. The withheld mformaton is a trade secret or commercial or financial anformation that is being withheid for the reason (s) indicated: tEXEMPTION di The enformation is considered to be confidential business (propretary) informaton.

The information is considered to be propnetary information pursuant to 10 CFR 2.790(dHIL The information was submitted and received in confidence

  • rom a foreign source pursuant to to CFR 2.790 dM2i.
5. The withheld information cons sts of interagency or intraagency records that are not available through discovery during litigation. Osclosure of predecisonal informat on would tend to inhibat the open and frank enchange of ideas essential to the deliberatrve process. Where recorcs are withheld in their entirety. the facts are meutncabN intertwmed with the predecmonal mformaton. There also are no reasonably segregable factual portons because the release of the facts would permit an indirect inquery into the predeciseonal process of the agency. (EXEMPTION 58
6. The withheld information is enempted from public d4 closure because its disclosure would resuft in a clearly unwananted invasion of personal privacy. (EXEMPTION 6
7. The withheld information consista of investigatory records compded for law enforcement purposes and as berg withheld for the reason (s) indicated. IEXEMPTION 71 Disclosure would mterfere with an enforcement proceeding because it could reveal the scopo directen, and focus of enforcement efforts. and thus could posssth allow them to take action to sheid potential wrongdomg ut a veia* ion of NRC requirements from investigators. (EXEIV.PTION 7(AH

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Disclosure would constitute an unwarranted invasion of personal preacy 1 EXEMPTION 7(CD The informaten consets of names of mdividuals and other information the disclosure of whech would reveal dent. ties of confidential sources. (EXEMPTION 7(DH PART H.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and for 915 of the U S. Nuclear Regulatory Commission regulatons. rt has been determened that tre mformaton withheld is exempt from producten or disclosure.

and that 6ts production or disclosure is contrary to the public interest. The persons respons,ble for ttie demal are those officia's identifed below as denying officials and the Director.

Deveson of Rules and Records. Office of Admanestration. for any denials that may be appealed to the Executwe Director for Operations tEool DENYING OFFICIAL TITLE. OF FIC E RECORDS DENIED APPELLATE OFFICIAL r j} } hskL N SECRETARY EDO X

kVf_T1 A Vi%{ t, C h. (EL G, A M.'rbr PART H D- AP.'EAL 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 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 lette mac Fonu ase iPort at casi U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

s Appendix A FOIA 86-736 Documents Being Placed in the PDR

1. Undated Document Serial List (1 page)
2. 09/29/86 Routing Sheet for Exempt Material (1 page)
3. 10/06/86 Cross-Reference Sheet (1 page)
4. 10/08/86 Routing Sheet for Exempt Material (1 page)
5. Undated Document Serial List (1 page) i i

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APPENDIX B Documents Being Withheld

1. Records in the Office of Inspector and Auditor's files regarding Mr. Sam Thompson's concerns are being withheld pursuant to Exemption 7(A).

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