ML20215C997
| ML20215C997 | |
| Person / Time | |
|---|---|
| Issue date: | 06/11/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Devine, Dixon GOVERNMENT ACCOUNTABILITY PROJECT |
| References | |
| FOIA-84-744 NUDOCS 8706180328 | |
| Download: ML20215C997 (4) | |
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8 PART l.-RECORDS RELEAS5D OR NOT LOCATED (See checked boxes)
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No agency records subect to the request have been located.
I No additional agency records sub;act to the request have been located < j Agency records subrect to the request that are identif ed in Appendix are already available for public inspection end copying in the NRC Public Document Room, 1)17 H Street, N W., Washington, DC.
Agency records subject to the request that are 6dentifed in Appendix are being rrride available for publec laspection and copying in the NRC Public Document Room,1717 H Street, N W., Washington, LC, in a folder under th.s FOIA number : id requester name.
The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff 14 now being made avalable for public inspection rnd coying at the NRC Pubhc Document Room,1717 H Street. N Washington, DC , in a folder under this FOIA number and re,:luester name.
[nclosed is infortnation on how you may obtain access to and the charges for copying reco de placed in the NRC Pubhc Documer t Room,1717 H Street, N.W., Wastington, DC.
Agency records subject to the request us enclosed. Any apphcable charge for copes of thr records provided and payment procedures are noted in the comments section.
Records sublect to the request have been referred to another Federal agency (ies) for review and direct resprose to you.
In vow of NRC's response to this request, no further action is being taken on nppeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records is being withheld from public disclosvre pursuant to the FOsA esemptions described in and for the reasons stated in Part 11, sec-t'ona 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 pubhc inspection and copying in the tcRC Pubhc Document hoom,1717 H Street, N.W., Wash'ngton, DC, in a folder under this FOIA number and requester name.
Comments j
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FREEDOM {F INFORMATION ICT RESPONSE F0fA NUMBER $1:
DATE: jj]N 11 QQ7 PA3T ll.B- APPLICABLE FOIA EXEMPTIONS ,"
l Records subject a the request tnet are described in the enclosed Appendices Mol _ are being wahheld Mheir entirety or in part under FOIA E2emptions and for the veasons set forth below pursuant to 5 U.S.C. SS2(b) and 10 CFR 9.5(a) of NRC Regulations.
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- 5. The withheld inft,rmation is propert) Classifed pursuant to Executive' Order 12356 (EXEMPTION 1)
- 2. The withheld informaton relates solely to the vitemal pe sonnel rules and pro;edures of NRC. (EXEMPTI.ON 21
. 3. The withheld information a specifically'esempted fNm public disclosure by statute indicated: lEXEMPTON 3)
Section 141145 OMhe Abmic Energy Act which prohibits the disclosure of Restricted Data 'or Formerly Restricted Data 142 U.S C. 21612165). 1
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Section 147 6f the Atoehic Energy Act wtvih prohibits the declosuw ed Unclassified $ahiguards Irformation 142 U S.C. 2167).
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- 4. The withheld informat#on 'v e a trade secct or commercial or finaacial information that is being withheid for the reason (s) trUcated: (EXEMPTION 41 r -
The information is considered to be confidential businew fproprietary) informaton.
The information is considered to be propnetary information pursuant to 10 CFR 2.790(d)(It The information was submitted and received in confidence from a foreign source pursuani to 10 CFR 2.790(dC).
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- 6. The v4thheld information consists of interogency or intraegency records that are not nvailable through discovery during litigation. Dec'oeure of gredecisonal information wecsl3 tend 'to inhibit the open and frstik ext.hange of kteas essential to the delibasst:ve process. Where records are withfw,ld m their enkrety, the facts are inextricably intertwined with the predecisorial information. There also are no reasonably segregable foetual portions because the reisese o' ths facts would permit an indirect mouiry into the procacisional process of the agency. (EXEMPTION bl
- 6. The withheld 'nformation is enerroted from pubhc declosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 6)
- 7. The vrWeld info *mation consets of investigatory records compiled for law enforcement purposes and is being withheld for the reasonish indicated (EXEMPTION 7) bisclosure wo Ib interfere with an enforcement proceeding because it could reveal the scope, direckm, and focus of enforcement eftorts, and thus cent possibly allow them to take action to shaald potential wron e doing or a violadon of NRC requirefnent from investigators EXEMPTION 7(A))
Disclwure wouts conststute an unwarranted invasion of personal pnvecy (EXEMPTION 7tC))
The ,nformatbn consists of names of individuals and other information the disclosure of which would reveaf identitcs of confidentet sourcas, (EXEMPTION 7(D)) 3
/ i PART ll C-.DENylNG OFFICIALS Pu;suant to 10 CFR 9 9 and/or 9.15 of the U.S. Nuclear Regulatory Commissan regulations. it has been determmed that the information withr. aid is exempt from producten or disclosure, and that its production or declosure is contrary to the pubhc interest. The persons responsible for the denal are those officials identified below as denying offic31s and the Director, Diwston of Rules and RecoeJs, Office of Administration, for any denials that rney be appeased to the Executsve Director for OperationstEDot DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPU,L' ATE OFFICIAL
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PART ll D- APPEAL RIGHTC ThJ denial by each denying official identified in Part ll.C may be appealed to the Appellate Offick11 identified in that section. Any such appeal must Oe in writing and must be made within 30 days of receipt of this response Appeals must be a1 dressed.as appropriate to the Executive Director for Operations or to thi Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter
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that it is an " Appeal from an inibal FOIA Decision."
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1 GOVERNMENT ~ ACCOUNTABILITY PROJECT i institute for Policy Studies 1901 Que Street, N.W., Washington, D.C. 20009 (902)234 9382 ]j 8
September 13, 1984 FREEDOM OF INFORMATK)N Director ACI REQUEST Office of Administration U.S. Nuclear. Regulatory Commission hg9 y Washington DC 20555 k /g g To Whsm 'It May Concern:
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 5552, the Government-Ac. countability Project (GAP) requeet copies of any and all agency records and infore tica, including but not limited to notes, letters, memoranda, draf ts, minutes, diaries, Aogs, calenciarc, tapes, transcripts, summaries, interview reports, procedures, , instruct icas, files, . graphs, engineering analyses, charts, maps, photo-graphs, agreements, handwritten notes, studieis, data sheets, notebooks, books, tele-phone messagee, computations, voice recordings any other data compilations, interim and/or . final reports, status reports, and any other records relevant to and/or generated in connection with' the Safety Evaluatt.on Report related to the' operation. of the Diablo Canyon Nuclear Power Plant, Unit.1 and 2, NUREG-0675, Supplement No. 22, which provided tha NRC Staff's further finAings on whistleblower charges. We request that each responsive doccment be identified by the allegation number (s) to which it may relate.
-If any of the meterials covered by this request has been destroyed and/or~ removed, please- provide ell surrounding documentation, including but not'11mited to a de-scription of the action (s) taken, relevant date(s), and justification (s) for the action (s) .
GAP request that fees be waived, because " findings information can be considered as primarily, benefitting the general public," 5 U.S.C. 9552(a)(4)(A) . GAP is a non-profit, non-partisan publh interest organisation concerned with honest and open j government. Through legal representstion, advice, netional conferences, fi!.ms, pub- l lications and public outreseN the project promotes whistleb1.owers as agents of government accountability. We are requesting the above information ae part of ~ an on-going monitoring project on ths adequacy of the NRC's ciforts to protect public safety and health at nucicar power plants.
For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portion of documents withheld. The index should provide a detaihd justification of your grounds for claiming each esemption, explaining why each exemption is relevant to the document or portion of the document withheld. This index is required under Va g v. Rosen(I),
484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).
We look' forward to your response to this request within ren days.
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Your truly s
Thomas Devine hMM)MD Crystc1 Dixon Legal-Director Legal Intern
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