ML20235Y596

Final Response to FOIA Request Re Nas Rept.App D Document Completely Withheld (Ref FOIA Exemption 5)

ML20235Y596
Person / Time
Issue date:	07/23/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Ondash C DEVONRUE, LTD.
References
FOIA-87-300 NUDOCS 8707250327
Download: ML20235Y596 (3)

Text

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RESPONSE TO FREEDOM OF 8"**'

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INFORMATION ACT (FOIA) REQUEST JUL 2 31987 ee s.e i DOCKET NUMBER.Si ur spoAsamt f h ,

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

No agency records subject to the request have been located.

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

Agency records sublect to the request that are identified in Appendix are already available for public inspectio') and copying in the NRC Public Document Room, 1717 H Street N W., Washington, DC.

Agency records subject to the request that are identifed in Appendis are being made available for pubhc inspecten 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.

The nonproprietary verson of the proposalM that you agreed to accept in a telephone conversation with a member of my statt is now being made available for pubhc inspecten 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 my obtain access to and the charges for copying records placed in the NRC Pubhc Document Room.1717 H Street, N.W., Washington, DC.

Agsncy records subtect to the request are enclosed. Any applicab;e charge for copies of the records provided and payment procedures s'e noted in the comments section.

Records subject to the request have been referred to another Federal agencylies) for review and direct respc9se to you.

In view of NRC's response to this request no further action is being taken on appeal letter dated PART fl.A-INFORMATION WITHHELD FAOM PUBLIC DISCLOSURE Cartain informaton 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 witt held 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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..A A SIGNAT iRECTOR. DIVISP OF VLES AND RECORDS

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FREEDOM OF INFORMATION ACT RESPONSE FOlA NUMBER (S): DATE: M23M

, PART 11 B- APPLICABLE FOIA EXEMPTIONS a

Racords subject to the request that are described in the enclosed Appendices . L are being withheld in their ontirety or in part under FOIA Ensmptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) an?TD 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 l l

2. The withheld information relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2) i

3. The withheld information is specifically exempted from public disclosure by statute indicated: (EXEMPTION 3) {

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Section 141145 of the Atomic Energy A:t which prohibits the disclosure of Restnr.ted Data'or Formerly Restncted Data 142 U.S.C. 21612165). j l

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

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

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

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The information is considered to be proprietary information pursuant to 10 CFR 2.790td)(tL I

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

5. The withheld information consists of interagency or intraagency records that are not available through discovery dunng litigation. Dsclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential in the deliberative process. Where records are withheld in their entirety, the facts are inextncably redecisional information. There also are no reasonab intertwined mdirect inquiry with intothe t ge predecimonal process of the agency IEXEMPTION segregable factual portions because the reMase of the facts would permit an

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 inforr ation consists of investigatory records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPilON 7)

Disclosure would interfere with an enforcement proceeding bersuse it could reveal the scope. direction, and focus of enforcernent efforts. and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7(A))

' Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7(C))

b The information consists of names of individuals and other information the disclosure of which would reveal identrties of confidential sourcas. (EXEMPTION 7(DI)

PART ll.C-DENYlNG OFFICI ALS Pursuant to 10 CFR 9 S and !or 9.15 of the U.S. Nuclear Regulatory Commission regulations. It has been oetermined that the information withheld is exempt from production or disclosure.

and that its production or disclosure is contrary to the pubhc interest. The persons responsible for the denial are those officials identified below as denying officials and the Director, Division of Rules and Records, Office of Administration. foi any densals that may be appealed to the Executive Director for Operations (EDo)

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL

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l PART ll D- APPEAL RIGHTS The denial by each denying officialidentified in Part II.C may bc 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 the Secretary of the Commission, U.S. Nuclear Regulatory Commision, Washington, DC 20555, and should clearly state on the envelope and in the lett6r thtt it is an " Appeal from an initial FOIA Decision."

NT.C 70%M 404 (Part 2) U.S. NUCLEAR REGULATORY COMMISSION tem FOlA RESPONSE CONTINUATION 3

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, Re: F0IA- hf Yb l

APPENDIX RECORDS TOTALLY WITHHELD l

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DEVONRUE

. 108 LINCOLN STREET BOSTON. MASSACHUSETTS 02111 (617) 426 4550 May 22,1987 "Y

e FREEDOM 0F INFORMATION Office of Administration ACT REQUEST U. S. Nuclear Regulatory Commission Washington, D. C. 20555 M ~/ 7-8<)$ .

Re: Erredom OfInformation Act Request d'd 7.[} l

Dear Ms. Norry:

Pursuant to the Freedom of Information Act,5 USC 552, and Section 9.8 of the Commission's rules (10CFR9.8), Devonrue requests that the Commission provide the following:

1. SECY-87-53

2. Any and all correspondence, reports, meeting minutes, analysis, personal notes and other documents relating to the National Research Council's Committee on Nuclear Safety Research (NRCCNSR) recommendations and the NRC Staff's response to those  ;

recommendations as set forth in the NRCCNSR's report " Revitalizing Nuclear Safety Research" and as discussed at the Commissioner's meeting on February 25,1987. j Devonrue requests that this information be provided as soon as possible but no later than the 10 working days specified by 10CFR9.8.

Very truly yours,

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Charles S. Ondash E

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