ML20235Y163

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Partial Response to FOIA Request for Documents.App J Documents Completely Withheld (Ref FOIA Exemption 5)
ML20235Y163
Person / Time
Issue date: 07/22/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Trosten L
LEBOEUF, LAMB, LEIBY & MACRAE
References
FOIA-87-288 NUDOCS 8707250125
Download: ML20235Y163 (3)


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PART 4.--RECORDS RELEASED OR NOT LOCATED ISee checked boxes)

No agency records subrect to the request have been located.

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

Ag+ncy records subrect to the request that cre identifed in Appendix are already available for public inspecten and copying in the NRC Public Document Room, i 1717 H Street, N.W., Washingtoa, DC. I Agincy records subract to the request that are identifed in Appendia are being made available for public inspection and copying in the NRC Pubiic Document Room,1717 H Street. N.W., Washington, DC, in a folder under the FOIA number and requester name.

l The nonprnrretary verson of the proposaHal that you agreed to accept in a telephone conversation with a member of my staff is now being made avalable for public inspection j and coying at the NRC Public Document Room,1717 H Street, N W., Washington, DC, in a fo6 der under the FOIA number and requester name.

Enclosed is information on how you may obtain eccess 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 applicable charge for copies of thu records provided and payment procedures are noted in the comments section.

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) Raconis subjec' to %e request have been referred to another Federal egencyUest for review and direct response to you.

In v&w of NRC's rerponse to this request, no further actson en being taken on appeal letter dated PART fl.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE {

Certain information in the requested records a being withheld from public declosure pursuant to the FOIA exemptions described in and for the rea6ons 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 withheld are being made available for public inspection and copying in the NRC Pubhc Document Room,1717 H Street, N W.. Washington, DC, in a folder under this FOIA number and requester name.

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FZEEDOM CF INFORMATION ACT RESPONSE FOIA NUMBERISI: M - [ % 2- P 7 DATE:

  • PART 11 B- APPLICABLE FOIA EXEMPTIONS M22g Rec @rds subject to the ruuest that are described in the enclosed Appendices are being withheld in their entirety or in part under FOIA Exemptions end for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR o.5(a) of NRC Regulations.

1, The w.thheld information is property classified pursuant to Executive Order 12356 IEXEMPTION 1)

2. Ths withheld miormation relates sole 6y to the entomal personnel rules and procedures of NRC. (EXEMPTION 2)
3. The withheld information is specifically exempted from public disclosure by statute indicated' (EXEMPTION 3)

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

Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information 142 U.S.C. 2167).

4. The withheld information is a trade secret or commercsal or financial mformation that is being withheld for the reason (s) indicated: (EXEMPTION 4)

The information is considered to be confidential business (propnetary) information.

The informaton is considered to be propnetary informaton pursuant to 10 CFR 2.790(dH1).

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

6. The withheld mformation consists of interagency or intraagency records that are not available through dscovey dunng litigation. Dsclosure of predecisional information would tend to inhibit the open and frank exchange of edeas essential to the deliberative process. Where reco , are withheid in their entirety, the facts are inextncably intertwined with the oredecisonalinformaton. Thare also are no reasonably segregable factual portaons because the release of the facts would permit an mdirect mouiry mto the predecisional process of the agency (EXEMPTION 5)
6. *he withheld information is exempted from public disclosure because its dsclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 6)
7. The withheld snformaton consets of investigatory records compiled for law enforcement purposes and as being withheld for the reason (s) indicated. tEXEMPTION 7)

Osclosure would mterfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts. and thus could possibly allow them to take act#on to shield potential wrongdoing or a violaton of NRC requirements from investigators. (EXEMPTION 7(A))

Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 74CH 4

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The information consets of names of edividuals and other informaton the disclosure of which would reveal identities of confedent'al sources. (EXEMPTION 7(D)) l PART 11 C-DENYlNG OFFICIALS Pursuant to 10 CFR 9 9 and'or 9.t5 of the U S. Nuclear Regulatory Commssion regulations. it has been determined that the mformatic withheld is exempt from production or disclosure.

and that vts production or dsclosure s contrary to the public interest. The persons responsible for the denial are those officials identified below as denying officials and the Director, Divsion of Rules and Records. Offece of Admmistration, for any denials that may be appealed to the Executive Director for Operations iEDol. j DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL gg,f7; gffpug sF cntT ARY EDO l

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OPwro&s PAMT !! D- APPEAL RIGHTS Tha denial by each denying official identified in Part II.C may be appealed to the Appellate Officialidentified 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 th3 Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on ths envelope and in the letter thit H is an " Appeal from an initial FOIA Decision."  ;

ac pow asa irart 21 U.S. NUCLEAR REGULATORY COMMISSION  !

  • asi FOIA RESPONSE CONTINUATION q

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