ML20235A415

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Partial Response to FOIA Request for Documents Re Flag Swap. Documents in App a Available in Pdr.Documents in App B Completely Withheld (Ref FOIA Exemption 5)
ML20235A415
Person / Time
Issue date: 07/01/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Knapik M
MCGRAW-HILL PUBLICATIONS CO.
Shared Package
ML20235A418 List:
References
FOIA-87-231 NUDOCS 8707080429
Download: ML20235A415 (6)


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U.S. NUCLEAR REGULATORY COMMISSION NSI NRC FOIA AEQNUENUMBf57-;'3/

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\ / INFORMATION ACT (FOIA) REQUEST JU[ y DOCKET NUMBERibt Uf apphcaust REQUESTER

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

No agency records subject to the request have been located.

No additional agency records subject to the request have been located. -

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

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

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

Enclosed is information 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.

Agsney records subject to the request are enclosed. Any epplicable charge for copies of the records provided and payment procedures are noted in the comments section, Records subject 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 action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain Information in the requested records is being withheld from public 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 withheld are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

Comments sr ' vaE. OtRECTOR. O Sf N OF R E' 40PiCORDS MW&.4D ['= . ' - M t +:- 4

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PART 11 B- APPLICABLE FOIA EMEMPTIONS W i Records subject to the request that are described in the enclosed Appendices are being withheld in their entiiety 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 withheld information is property classified pursuant to Executive Order 12356 (EXEMPTION 11
2. The withheld information relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2)
3. The withheld information is specifically exempted from public disclosure by statute indicated; (EXEMPTION 3)

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Secten 141145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data 'or Formerly Restricted Data (42 U.S C. 21612165L l

Section 147 of the Atomic Energy Act which prohibits the desclosure of Unclassified Safeguards information (42 U S.C. 2167L

4. The withheld information is a trade secret or commercial or financial information that is being withheld for the reason (s) indicated. (EXEMPTION 4) j l

The information is considered to be confidential business (propneta yi information.

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The information is considered to be propnetary information pursuant to 10 CFR 2.790td)(1).

The information was submitted and recewed in confidence from a foreign source pursuant to 10 CFR 2.790(d)(2).

5. The withheld information consists of interagency or intrangency records that a o not available through discovery during litigation. Disclosure of predecisional informaton e would tend to inhibit the open and frank exchange of ideas essential to the deliberatwo process. Where records are withheld in their entirety, the facts are inextncably intertwined with the predecisonal information. There also are no reasonably segregsble factual portions because the release of the facts would permit an indirect inquiry into the predecisonal process of the agency. (EXEMPTION 5)
6. The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 6)
7. The withheld information consists of investigatory records compiled for law enforcement purposes and is being withheld for the reason (s) indicated (EXEMPTION 7)

Disclosure would interfere with an enforcement proceeding because it could reveal the scope, directen, and focus of enforcement Wtorts, and thus could poss.biv allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7(A))

Disclusure would constitute en unwarranted invasion of persor.al privacy (EXEMPTION 7(Cl)

The information consists of names of indwiduals and other infcrniation the disclosure of which would revsal identities of confidential sources. (EXEMPTION 71DD PART ll.C-DENYlNG OFFICIALS Pursuant to 10 CFR 9.9 and 'or 9.15 of the U S. Nuclear Regulatory Commission regulatons, it has been determined that the information withheld is exempt from producion or disclosure.

and that its production or disclosure is contrary to the public interest. The persons responsible for the denial are those officials identified below as denying officials and the Director, Dwicion of Rules and Records, Office of Administration, for any denials that may be appealed to the Execstwe Director for Operatons (Eoor.

DENYING OFFICIAL TITLEr OF FICE RECORDS DENfED APPELLATE OFFICIAL SECRETARY FDo

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+Tw M m en W PART 51 D- APPEAL RIGHTS The denial by each denying official identified in Part ILC 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 clearly state on the envelope and in the letter thgt it is an " Appeal from an Initial FOIA Decision."

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RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER NUMBER DATE DESCRIPTION

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