ML20235W077

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Final Response to FOIA Request for Records.App a Documents Withheld (Ref FOIA Exemption 7)
ML20235W077
Person / Time
Issue date: 10/13/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Hedrick K
GILREATH, S.
References
FOIA-87-659 NUDOCS 8710150577
Download: ML20235W077 (3)


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RESPONSE TO FREEDOM DF

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l '(e INFORMATION ACT (FOIA) REQUEST OCT 131987 se.e DOCAE? #sVMBERL$1 Wr especeMri

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

No addrtional agency records subpoet to the request have been located.

Agency recorde subject to the request that are identined b Appendix ore alreet,y avedeble for public insenemoei and copying in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.

Agency records subsect to the request that are identrrred in Appendis are being made evenable for p@lc inspection and copying in the NRC Pubec Docurnent Moorn,1717 H Street, N.W., Washington, DC, b a foWor under sfus FOLA number and requester name.

The nonproprietary version of the proposal (si ther you agreed to accept in a telephone conversation wrth a enember of my sesM is now being made ovatable for public inspectbon and coying at the NRC Pub!!c Document Room,1717 H Street, N W, Washington, DC, in a folder under the FOIA rweer and requester name.

Enclosed is infortnation on how you may obtain access to and the charges for copying records placed in the NRC Pubiec Document Room,1717 H Street, N.W., Washingen, DC.

Agency records subject to the request ero encioemd. Any applicable charge for copies of the records provided and payrrure procedures are noted in the commente section.

Records subject to the request have been referred to another Federal agencyGes) 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 DISCLOGURE Cartain information in the requested records is being withheld from public disclosure pursuant to the FOfA exemptions descrbed in and for the reasone stated in Part II, ese-tions 8. C, and D. Any released gortions of the documents for which only part of the record is being withheld are being node 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 requessar nome.

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DATE: 007 i, ms FREEDOM.OF INFORMATION ACT RESPONSE FOIA WMBEQlSI:

PART li.5-APPLICASLE fop EXEMPTIONS

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r Rec 5rds subfect to the request that are described in the enclosed Appendeces W are being withheld in their entirety or in part under FCdA bomptione and for the reasons set forth below pursuant to 6 U.S.C. 552(b) and 10 CFR 9.S(a) of NRC Regulations.

1. The wthheid inforrnetron is properfy clas:sfed pursuant to Executive Order 12356 EXEMPTION 11
2. The wetwed information relates solely to the intamai personnel rules and procedueen of NRC. IEXEMPTION 21
3. The withhe6d information is specifically exempted from public disclosure by statute indicated; (EXEMPTION 3) b Secean 141146 of the Atomic Energy Act which prohibits the declosure of Resencted Data'or Formerty Restricted Data (42 U.S.C. 21612166).

Secton 147 of the Atomic Energy Act whch prohibits the declosure of Urwheed Safeguards information (42 U.S.C. 2167).

4. The methheid information is a trade secret or commercial or financial informaten that is being wethheld for the reason (s) indicated: (EXEMPTION di The rdormation is considered to be confidential business (propnetary) information.

's The Wormation is considered to be proprotary information pursuant to 10 CFR 2.790(d)(ll.

The aformation was submitted and received in confidence from a foreign scurce pursuant to 10 CFR 2.790(d)(2).

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6. The wnhheld information consists of interagency cr intraagency records that are rot available through decovery during litigation. Osclosure of predeciennel Wormenon woiAd tend to inhitAt the open and trank exchange of ideas essential to the dehberstrve process. Where records are withheld in their entirety. the facts are hestricatWy intertwined witf' the predecisionalinformation. There also are no reasonabtv segregacle factual portions because the release of the facts would permit an indroct encuery into the prooscosonal process of the agency. (EXEMPTION 51
6. The withheid information is exempted from pihlic deciosure because its disclosure would result in a clearty unwarranted invasion of personal privacy. (EXEMIPTION S
7. The withheld information conosts of investigatory records compied for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMNION 71 f%

\\j Doctosure would interfere with an enforcement proceeding because it could reveel the scope, direction. and focus of enforcement efforts, and thus could poseasy allow them to take action to sheeld potental wrongdoing or a violaten of NRC reavirements from investigators. (EXEMPTION 7(A))

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p Decicoure would constitute en unwerrented invasen of personal privacy (EX[MPTION 7(Cl) g..

the Wormation consists of names of individuals and other information the decicours of which would reveal identities of confidential sources. (EXEMPTIOhl 71DH PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and/or 9.16 of the U.S. Nuclear Regulatory Commenen regulatons, e has been determined that the information withheld is exempt from pn&ctum or <s-*= ne, i

and that its producte' n or disclosure is contrary to the public interest. The persons responoble for the denial are thoes orficais identifed below as denying officids and the Demetor, i

Division of Rules and Records, Office of Admmistration, for any denials that may be appealed to the Eocueve Drector for Operations isoon.

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFF#CIAL LALA

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l PART 11 D-APPEAL RIGHTS The denimf by each denying official identified in Part II.C may be appealed to the Appeltate Official identified in that section. Any such appeal sesi.st be in

. writing and must be made within 30 days of re.eipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operanms or to the Secretary of the Commission, U.S. Nucteer Regulatory Commission, WasNngton, DC 20566, and should cleat.T state on the envelope and ir' the louer that it is an " Appeal from an initial FO(A Decmon "

I N C PORid set (Pers a U.S. NUCLEAR REGULATORY COMMtSSN)N pas >

FOIA RESPONSE CONTINUATION l.

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Re: FOIA-q APPENDIX l

RECORDS TOTALLY WITHHELD NUMBER DA3 DESCRIPTION & EXEMPTION 1.

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