ML20216E765

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Partial Response to FOIA Request.Documents Listed on App a Available in PDR & Subj to FOIA 87-138.Document Listed on App B Withheld (Ref FOIA Exemption 5.)
ML20216E765
Person / Time
Issue date: 06/24/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Trosten L
LEBOEUF, LAMB, LEIBY & MACRAE
References
FOIA-87-288 NUDOCS 8706300748
Download: ML20216E765 (4)


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U.S. NUCLEAR REGULATORY COMMISSION Nac poia aroum Nuusta:si i R'F$-- fy 2 $ f' '

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

No agency records subsect to the request have tsen located No additional agency records subsect to the request have been located. l j

Agency records subsect to the request that are sdentifed in Appendix are already available for public inspection end copying in the NRC Public Document Room, 1717 H Street, N W , Washmgton, DC.

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

The nonpropnetary version of the proposalls) that you agreed to accept in a telephone conversation with a member of my staff a now being made avadable for pubhc inspection and coying at the NRC Pubhc Document Room,1717 H Street, N W., Washington, DC, an a folder under this FOIA number and requester name.

Enclosed e information on how you may obtam access to and the charges for copying records placed in the NRC Pubhc Document Room,1717 H Street, N W., Washington, DC.

Agency records subsect to the request are enclosed Any apphcable charge for copies of the records provided and payment procedures are noted in the comments section.

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

In view of NRC's response to this request, no further action a being taken on appealletter dated PART fl.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam mformation in the requested records is being wrthheld from pubhc disclosure pursuant to the FOIA exemptions described in and for the reasons stated in Part II, sec-tions B, C, and D Any released portions of the documents for which only part of the record is being withheid are being made available for public inspection and Copying in the NRC Pubhc Document Room,1717 H Street. N.W., Washington, DC, m a folder under this FOIA number and requester name Comments Wf ..c;4% g'* d"r ..v.8 di -

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8706300748 870624 PDR FOIA TROSTEN87-288 PDR SIGNAT DIRECTOR Di . OF RULES AND Rf CORDS ,

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBER:SJ DATE JUN 2 41987 PART 11 B- APPLICABLE FOIA EXEMPTIONS Records subject to the request that are described in the enclosed Appendices are being ethheld in their entirety or in part under FOl A Exemptions a.nd for the reasons set forth below pursuant to $ U S C. 552!bl and 10 CFR 9 5(a) of NRC Re;/ations.

t The withheld information a property classified pursuant to Executive Order 12356 (EXEMPTION 1) 2 The withheld information relates solely to the internal personnel rules ano procedur es of NRC (EXEMPTION 2i l i

3 The withheld Information m specifically exempted from public disclosure by statute indicated IEXEMPTION 3)

Section 141 145of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerly Restricte: Data 142 U S.C. 216121651 Secten 147 of the Atomac Energy Act which prohitats the dis, 'e of Unclassified Safeguards inforrnation 142 i, $ C. 216?L j 4 The withheld information a a trade secret or commercial or financial adormation that is being withheld for the reasce si indicated: (EXEMPTION di The inforrnahon is considered to be confuiential business iproprietary) information The information is considered to be proprietary information pursuant to 10 CFR 2 790td)(11.

The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2 790(dH2-5 The withheld information consists of interagency or intraagency records that are not available through discovery du"g litigation. Osclosure of predecisional information would tend to inhibit the open and trank exchange of ideas essential to the dehborative process Where records are Mthheld in their entirety, the facts are inextricabfy intertwined with the predecisionalinformaton There also are no reasonably segregable factual portions because the *eies.e of the facts would permit an mdirect ingt ary into the predecisional process of the agency (EXEMPTION 5)

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o 6 The withheld informahon o exempted from public disclosure because its disclosure would result in a clearty unwarraqed invasion of personal privacy. (EXEMPTION 61

7. The withheld information consists of investigatory records compiled for law enforcement purposes and a being witveid for the reason (s) indicated (EXEMPTION 71 l Disclosure would interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts. and thus could possibly allow them to take acton to shield potenhal wrongdoing or a violation of NRC requiremen". *fom invesd;ators (EXEMPTION 7( An Disclosure would constitute an unwarranted invasion of personal privacy tExEMPTION 7tCH The informaton consists of names of individuals and other information the disclosure of which would reveal idemes of confidential sources. (EXEMPTION 7(DH PART la C-DENYING OFFICIALS __

Pursuant to 10 CFR 9 9 and 'or 915 of the U S Nuclear Regulatory Commasion regulations. it has been determined that the er,fration withbeid is exempt from production or dsclosure, and that its production or disclosure e contrary to the pubhc interest The persons responsible for the denial are those offecas identified below as denying officials and the Director, Devoton of Rules and Recoros Office of Adminstration, for any denials that vray be appeaiad to the Executive Director ter Operatioris IEDon DENYING OFFICIAL TITLE 'OF FICE _ l RECORDS DENlED l APPELLATE OFFICIAL MS$[, 6]Affgj9 L Le'R rd& sECntT ARY EDO YSA*Mh -Y vrrv&ro

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PART 11 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 wnting and must be made within 30 days of receipt of this response. Appeals must be addressed as appropnre to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and shouid clearly state on the envelope and in the letter the' 't is an " Appeal from an Initial FOIA Decision."

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APPENDIX M RECORDS MAINTAINED AMONG PDR FILES NUMBER DATE DESCRIPT10N

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