ML20235A654

Final Response to FOIA Request.App a Documents Re Litigation Rept 1987-16-UCS Vs NRC 85-1757,partially Withheld (Ref FOIA Exemption 5) & in Pdr.Appendix B Document Re Court Vacating Backfit Rule,Completely Withheld (Ref FOIA Exemption 5)

ML20235A654
Person / Time
Issue date:	09/18/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Bauman L GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20235A657	List: IA-87-517, Discusses DC Court of Appeals Decision That Struck Down Commission 1985 Backfit Rule.Court Held That Rule Invalid Because NRC Would Be Permitted to Take Costs in Account in Establishing Adequate Protection Safety Std ML20235A654 ML20238C292
References
FOIA-87-517 SECY-87-197, NUDOCS 8709230375
Download: ML20235A654 (4)

Text

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(e h INFORMATION ACT (FOIA) REQUEST 0

SEP 18 IW e.ee DOCKET NUMaths #appacanet RIOUISTER Lwm hmm PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked boxes)

No agency recorde subk;.1 to the request have been located.

No addnonal agency records subsect to the request have been located.

Agency records subject to the request that are identifssd in Appedix -

are altsady available for public inspection and copveng ' i the NRC Public Document Room, e

1717 H Street, N W., Washington, DC.

Agency records subsect to the requese that are identrfed es Appendix _[FOIA number and requester name.

are being made available for p4hc inspecton and copying in the NRC Putdic Document Room,1717 H Street, N W., Wsshington, DC. in a fo6 der under the The nonproprietary verson of the proposalts) that you agrood to accept in a telephone conversation wth a member of my staff is now bemg made avalable for public inspection and coying at the NRC Pubhc Document Room,1717 H Street. N W, Washington, DC, in a folder under the FOIA numter and<=p-name.

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

Agency records subpet to the request are enclosed Any apphcable charge for copies of the records provided and payment procedures se notad in the comments secton.

Records sub)ect to the request have been referred to another Federal agencyhes) for review and direct response to you.

in view of NRC's response to this request, no further action a being taken on appeal letter dated PART lt.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cerun informaton in the requested records a beirg withheld from public d sclosure pursuant to the FOIA exemptions described in arus 6ar the reasons stated in Part II, sec-tions B. C, and D. Any released portions of the documenta for which only part of the record a being wrthheld are being made sve4scee for public inspection and Copying in the NRC Pubhc Document Room,1717 H Street. N W., WasPungton. DC. in a folder under this FOlA number and requester rame Comments l

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NRC FORM 464 irert n se e6

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBEP Si O k-

-bk DATE:h 16 N PART 11 B-APPLICABLE FOtA EXEMPTIONS e

g, Records subject to the request that are described in the enclosed App]ndices are being withheld in their entirety or in part under FOlA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 40 CFR 9.5(a) of NRC Regulations.

1. The withheld information a property classified pursuant to Executive Order 12356 (EXEMPTION 11

2. The withheld mformstron relates solely to the intomal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The wrthheld oformenon is specificany esempted from public disclosure by statute indicated (EXEMPTION 3)

Secten 141146 of the Alomic Energy Act which prohitats the disclosure of Restricted Data or Formerly Restncted Data 142 U.S.C 21612166).

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M Secten 147 of tPm Atomic Energy Act which prohibrts the disclosure of Unclasaafed Safeguards information (42 U S.C. 2167).

4. The withheld information is a trade escret or commercial or financial information that is bong withheld for the reasonis) indicated: (EXEMPTION 4)

The informenon is conesdered to be confidential busmess (proprietary) informaten.

The informstuor. e conesdered to be proprietary information pursuant to 10 CFR 2 790tdH11.

The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(dH21.

6. The withheld information consists of interagency or intraagency records that are not avsasbie through discovery dunng litigation. Declosuro of predecmional informmon would tend to rtutzt the open and frank excharge of ideas essentsat to the deliberative process. Where records are withheld in their entirety, the facts are inextrzach intertwined with the predeciosonal information. There also are no reasonably segregable factual portions because the release of tne facts would permst an indirect mouiry e so the predecesonal process of the agency. (EXEMPTION 5) i

6. The withheld mformation is exempted from public disclosure because its disclosure would result m a clearty unwarranted invasion of personal privacy. (EXEMPTIO4 63

7. The withheld information conasts of investigatory escords compibd for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION B Disclosure woued interfere with en enforcement proceeding because it could reveal the scope, directen, and hcus of enforcement efforts. and thus could j

possebey albw them to take acten to shield potential wrongdomg or a violation of NRC rooverements from investigators. (EXEMPTION 7(A))

Declosure woued constnute an unwarranted invasion of personal privacy (EXEMPTION 74Cu g

The informecon consats of nemes of individuals and other infom'stien the disclosure of which would reveal identroes of confidential sources. (EXEMPTION 7(D' h

PART li.C-DENYING OFRCIALS I

Pursuant to 10 CFR 93 and/or 9.16 of the U.S. Nuclest Regulatory Commission regulations, it has been ettermined that the information withheld e exerrpt frorn production or risinanre, and that its production or doctosure is contrary to the public interest. The persons responsible for the denial are those officiels identified below as denying officials and the Director, Divuion of Rulee ord Records, Office of Administration, for any den eis that may be appealed to the Executive Director for Operations stoct DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL MMfht $(CVENj l

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PART lt D-APPEAL RM3 HTS j

The denial by each denying official identified in Part II.C may be appealed to the Appenate Official identified in that section. Any such appeal must be an i

vvnting and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director fu Operations or to i

the Secretary of the Commasion U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearty state on the enve8upe and in the letter j

thst it is an " Appeal from an inftial FOIA Decision."

i NIC FoIM 404 (Port 21 U.S. NUCLEAR REGULATORY COMMISSION I

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L Re: F01A-87-517 APPENDIX A i

RECORDS PARTIALLY WITHHELD-H I.

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8/6/87 SECY-87-197 Memorandum to Connissioners from William H.

l Briggs, Jr., subject: Liti 198_7-16-UCS vs NRC, No.85-1757(D.C.Cir.).(gationReport6 pages) (F01ATxemption (5)),

w/ attachment: Opinion (16 pages)

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Re: F01A-87-517-APPENDIX B RECORDS TOTALLY WITHHELD 1.

8/7/87 Memorandum to Stello and Jordan from Parler, subject:

Interim Effect of the Court's Va'cating the Backfit Rule and Manual Chapter 0514. (2 pages) (F0IA Exemption (5))

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