ML20235F827

Final Response to FOIA Request for Documents.Informs That During Processing of Appeal Designated as FOIA-86-A-68,two Addl Records Identified on Encl App a Located & Addressed in Response.Documents Withheld (Ref FOIA Exemptions 1 & 5)

ML20235F827
Person / Time
Issue date:	07/08/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Bennett J GUARDIAN INDEPENDENT RADICAL NEWSWEEKLY, NEW YORK
References
FOIA-86-9 NUDOCS 8707130570
Download: ML20235F827 (3)

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i RESPONSE TO FREEDOM OF D'**'

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INFORMATION ACT (FOIA) REQUEST JUL 8 1987 e..e DOCKET NUMBERtSi Itr apphce.m n

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V PART l.-RECORDS RELEASED OR NOT LOCATED (See checked boxes) 1 No tgency records subiect to the recuest have been located.

No additonal agency records subject to the request have been located.

A ency records subHiet to the request that are ident#ied in Appendix are already available for public inspection and copying in the NRC Public Document Room, 0

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

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Agency rece'ds subject to the request that a,e identrfied in Appendix are being made available for public inspection and copying in the NRC Public Document l

Room,1717 H Street, N W., Washington, DC, in 3 folder under this FOIA number and requester name The nonproprietary version cf the propesal(s) that you agreed to accept in a telephone conversation wrth r member of my staff is now beirag made available for public irspection l

I and coying at the NRC Public Document Room, i717 H Street, N W. Washington, DC, in a folder urvJer this FOIA number and requester name.

Enclosed is informaton 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.

Agency records sut,Hrct to tne request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the commurns section.

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

In view of NRC's response to this request, no further acton la being taken on appeal letter dated PART ll.A-!NFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certzin informaton in the tequested records is being withheld from public disclosure pursuant to the FOIA exemptior,s described in and for the reasons stated in Part il, sec-tions B, C, and D. Any released portions of the documents for which only part of the record is being wrthheld are being rnade avadable for pubhc inspectn,n and copying in the NRC Pu' lic Document Room,1717 H Street, N.W., Wastington, OC. in 4 fo6 der under this FOIA number and requester narne

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V' Ch DF,y.S AND RECORDS

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OATE:M,0 IQM EEDO OF INFORMATION ACT RESPONSE FOIA NUMBERISI:

l PART li.B-APPLICABLE FOIA EXEMPTIONS a-Rscords subset to the request that are described in the enclosed Appendices - -

are being wrthheld in deir entirety or in part end?r FOIA l

Exzmptions and for the reasons set forth below pursuant to 5 U.S.C. SE.?(b) and 10 CFR 9.5(a) of NRC Regulati6 tis.

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1. The mthheld information is property classihed pursuant to Executwe Order 12356 (EXIMFTiON 1) l x -

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2. The withheld info'Tianon relates solely to the Mternal persaarel rules and procedices of NRC (EXEMPTION 21 l

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3. The utnheid information es specifically exempted from publk: disclosure by statute ind cated: IEXEMPTION 3i I

Secten 141145 of the Atomic Energy Act dch prohibits the discioWre of Restricted Data or Fortierly Restnetad Data 642 U.S.C. 2161-2165L Sectiors 147 of the Atomic Energy Act which prohiP.ts the disclosure of Unclassified Safeguards infarmaton 442 U.S.C 2167L a.

4. The mthhen information is e trade secret or commercial or financial information that is being withh/.d for the reason (s) indicated: (EXEMPTION 4)

The information le considered to be confidential business (proprietary) information.

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The informatum is considered to be propnetary information pursuant to 10 CtR 2.790idHil.

The 'nfonnation was submitted and received in corr" dance from a foreign source pursuant to 10 CFR 2.790(diffL

5. The withheld information consists of interagency or intrugency records that are not available thrsugh discovery dunng htgetion. Osclosurb bf predecisioar'information wovM tend to inhest $ open and frank exchange of ideas essential to the deliberabve process. Where recoids are wthheld in their entirety, the facts are inextncably indirect cryuery into the predecisional procsss of the egency. (EXEMP?lON 5) qtuable factual portons beause the release ci the facts would permit en

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intewi/tod with the predecLional informaton. There slao are no reasonably s

6. The withheld information is exeracted from public disclosure because its d:sobsure woiiid resdt in a clePaly unwarranted inv8Sion of per6onal pnvecy. TEMPTION 6) 7 The withheld informatbn consets of investigatory records compiled for law enforcement purposen erst is being withheld for the reason (s) indicated. (EXEMPTION 7) 1 J

Disclosure would interfere with an enforcement proceedmo because it could reveal the scope, direction. and focus of enforcement efforte, and thus could I

possib> alk>w them to take action to shield potential wrongdoiry.or a violation of NRC requiremerks from investigators. (EXEMPTION 7(A))

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Oischsure would constituts un unwarranted invasion of persons' privacy (EXEMPTION 7(C))

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The information consists of names of individuals and othat information the deciosure of which would reveal identines of confidential sources. (ExtMPTIO 4 7(D))

PART ll.C-DENYING OFFIC4ALS Pursuant to 10 CFR 9.9 and/or 915 of the U.S. Nuclear Regulatory Comrnisson regulations, it has been determined that the information withheld a exempt from producten or disclosure, and thst its production or dianosure is cont ary to the public interest. The persons responsible for the denial are those offacmis identifed below as denying officiuls and the Director, l

Devebn of Rules and Records, Office of Admanstraton, for any denials that rnay be appealeri to the Executive Director for Operations <tooi

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DENYING OFFICIAL TITLE /OFFICL RECORDS DENIED APPELLATE OFFICIAL d

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1 PART 01 D-APPEAL RIGHTS

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Tfie deni44 try each denying officialidentifaed in Part ll.C may be appealed 14 ?b.e Appellate Official identified in that section, Any such arjeci trwst be in writing arc' mus't be made within 30 deys of rece'pt of this response. Appeais must be addressec' as appropriate to the Executive Director for Operatione or to the Secretary of the Commission, U.S. Nuclear Pegulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that M is en " Appeal from an initial FOIA Decision."

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APPENDIX h

RECORDS TOTALLY WITHHELD DATE DESCRIPTION & EXEv? TION 6 g, (0 au (5)

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[$ DEPENDENT RADICAL NEWSWEEKLY l

January 3, 1986 FREEDOM OF (Nf0ftMATION Director

/Q" BEQUEST Office of Administration r0M Tie T U.S. Nuclear Regulatory CommissionFREEDOM OF INFORMATION REQU Washington, D.C. 20555 i

Dear Director:

l In accordance with the provisions of the Freedom of Information Act, I

I hereby request copies of any and all records in the cuotody of fol-I Nuclear Regulatory Commission pertaining to the the U.S.

1. The detailing, transferring, assigning, cr relocating by any other l

lowing matters:

l of U.S. Central Intelligence means, whether temporary or permanent, Agency (CIA) employees or former CIA employees to the U.S. Nucle l

to, any and all understandings, agreements and communications between thel latory Commission.

CIA and the U.S. Nuclear Regulatory Comnission concerning such personnel l

2. Communications between the CIA and any such CIA employees and relocations.

former CIA employees during the period of their tenure at the U.S.

Nuclear Regulatory Commission, including copies of the communications l

3. The transfer, whether direct or indirect, of any funds, forfrom themselves.

sion and/or from the U.S. Nuclear Regulatory Commission to t whatever purpose, concerning the release of infor6ation about relations between the U.S.

I Nuclear Regulatory Commission and the CIA. This request includes any cor-despondence or other communications to or from the U.S. Nuclear Regula-tory Commiss1on concerning th&t policy and practice.This request ap Please place any " missing" files pertaining to this request on "special locate" and addse me that you have done this. In excising mate-31, 1975.

I expect rial, please " black out" rather then " white out" or " cut out."

that the remaining non-exempt portions -of documents will be released.

If you have any questions concerning the scope of this request, please contact me immediately at the telephone number below.

Since the release of the requested information will primarily benefit the general public, and since this request is made on behalf of a newspaper of general circulation, which intends to give the requested information the widest possible circulation, I request that you waive any If you should refuse to waive l

search and copying fees that may arise.

them, I am prepared to pay any reasonable fees, up to I

$20, I request that you contact me in advance.

Sincerely, j- ~

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T Jonathin ennet N

A kT p5 INm MfE FOR INDEPENDENT SOCIAUOURNAUSM 33 TEST 1ml ST., HEW YORK, NY 10011 2124914404

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APR 18 B06 Mr. Jonathan Bennett The Guardian f

33 West 17th Street IN RESPONSE REFER j

New York, NY 10011 TO F01A-86-9 j

Dear Mr. Bennett:

This is in response to your letter dated January 3,1986, in which you requested, pursuant to the Freedom of Information Act, (F0IA) four categories of documents regarding the Central Intelligence Agency (CIA).

In response to categories one and two of ybur request and to the extent that j

they t.oncern overt, officially acknowledged current or former CIA employees, no responsive records were identified since the NRC tras not been the recipient of such CIA c.nployees in the status of detail, trensfer, assignment or i

/elocation, that there are no such understandings or agreements between the CIA and tne NRC ond that there are no communications between the CIA and such employees.

j In response to category three and to the extent that it concerns overt, publi'cly acknowledged transfers of funas, no responsive records were identified.

In further respen7e to categories one, two, and three, I have been inforced i

that the fact af the existence or nonexistence or any additional doct/ments which would reveal a confidential or secret CIA connection, relationship, or interest is classified pursuant to Executive Order 12356, and falls within the scope of 61C2 (d) (3) of the National Security Act of 1947 (50 U.S.C.

5403) (d) (3)), {6 of the CIA Act of 1949 (50 U.S.C. '4039), and 62 (a) s of the Intelligence Identities Protection Act of 1982 (50 U.S.C. 5421).

Therefore, to the extent that items one, two, or three of your request enight concern such records, the request is denied pursuant to FOIA exemptions (b)(1) and (b)(3). By this response we are neither confinning nor denying that any such records exist.

1.astly, in response to category four, regarding the policy and practice of the NRC concerning the release of information about relations between the NRC and the CIA, a thorough and comprehensive search identified ten responsive documents. Document num'oered one and two, each a memorandum, have been

' determined to be currently and properly classified purstant to Executive Order 12356, and fall within the scope of $102 (d) (3) of the National Security Act of 1947 (50 U.S.C. 6403 (d)(3)) and 66 nf the CIA Act c,f 1949 (50 U.S.C. 64039).

They are therefore denied pursuant to F01A exemptions (b)(1) and (b)(3).

Documents numbered three through nine, consisting of three letters and four pfhN

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o Mr. Benne,tt memoranda, have been determined to be within the scope of $102 (d)' (3) of the National Security Act of. 1947 (50 U.S.C. 6403 (d) (3)) and 96 of.the CIA Act of 1949 (50 U.S.C. 54039). These documents are therefore denied pursuant to FOIA j

exemption (b)(3).

This same detennination applies to document numbered 10 except that the attachments thereto have been determined to be releasable 'to you and are provided herewith and are being placed in the NRC Public Document Room, 1717 H Street, NW, Washington, DC 20555.

Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been determined that the,information withheld is exempt from production or disclosure, and that its production or disclosure is contrary-to the public interest.- The persons responsible for this denial are the undersigned and Mr. Raymond J.

Brady, Director,' Division of Security.

4 This denial may be appealed to the Commission's Executive Director for 4

Operations within 30 days from the receipt of this letter.

As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive

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Director for Operations. U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decisionc" This completes action on your request.

Sincerely, p Y hi-Q Donnie Grimsley, Oirector Division of Rules and Records l

Office of Administration Er, closures: As stated 1

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.b INDEPENDENT RADICAL N5 WEEKLY January 3, 1986 Director FREEDOM OF INFORM AT: l ACT RE l

Office of Adminis tration U.S. Nuclear Regulatory Commission FOM-QUESTf !

'isshington, D.C. 20555 F3EEDOM OF INFORMATION REQU f

Dear Director:

I In accordance with the provisions of the Freedom of Information Act {

I hereby request copies of any and all records in the custody of j

the U.S.

Nuclear Regulatory Commission pertaininE to the fol-Icwing catters:

1. The detailing, transferring, assigning, or relocating by any othe i ceans, whether temporary or permanent, of U.S. Central Intelligence Agency (CIA) caployees or former CIA employees to the U.S. Nuclear Regu-latory Commission.

This request includes, but is not necessarily limite to, any and all understandings, agreements and communications between th !

CI A Gnd the U.S. Nuclear Regulatory Commission concerning such personnel I relocations.

2. Communications between the CIA and any such CIA employees and I

former CIA employees during the period of their tenure at the U.S.

Nuclear Regulatory Commission, including copies of the communications themselves.

3. The transfer, whether direct or indirect, of any funds, for whatever purpose, from the CIA tc the U.S. Nuclear Regulatory Cocmis-sion and/or from the U.S. Nuclear Regulatory Commission to the CIA.

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4. The policy and practice of the U.S. Nuclear Regulatory Gonmissic !

concerning the release of information about relations between the U.S.

l Nuclear Regulatory Commission and the CIA. This request includes any cor despondence or other communications to or from the U.S. Nuclear Regula-l tory Commission concerning tha t policy an1 practice.

l This request applies to any and all records generated af ter Decembe 1

31, 1975 Please place any " missing" files pertaining to this request on l

"special locate" and advise me that you have done this. In excising mate rial, please " black out" rather then "vMte out" or " cut out. "

I expect that the remaining non-exempt portions.of documents will be released.

If you have any questions concerning the scopt of this request, please cr>ntcet me immediately at the telephone number below.

Since the release of the requested information will primarily benefit the general k0b11c, and since this request is made on behalf of newspaper of general circulation, which intends to give the requested information the widest possible circulation, I request that you waive an search and copying fees that may arise.

If you should refuse to waive them, I ata prepared to pay any reasonable' fees, up to a maximum of $20.

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If' you should refuse to waive them and you anticipate fees in el. cess of i

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$20, I request that you contact me in advance.

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Sincerely, Jonathan ennet -

l INSTITUTE Th liiDEFENDENT SOCIAL, JOURNAL 11M 6

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33 WEST 17TH ST.,NEWYORK,tY10]Il 2124)1M04

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