ML20236A811

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Partial Response to FOIA Request.Encl App I Documents Re AO Rept to Congress for Fourth Quarter CY86 Partially Withheld (Ref FOIA Exemption 7)
ML20236A811
Person / Time
Issue date: 10/19/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Gordon J
Public Citizen's Critical Mass Energy Project
Shared Package
ML20236A814 List:
References
FOIA-87-377, RTR-NUREG-0090, RTR-NUREG-90 NUDOCS 8710230148
Download: ML20236A811 (3)


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U.S. NUCLEAR REGULATORY COMMISSION NRC FOIA REOutSt NUM;EESI I TmA- 11.Sff

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INFORMATION ACT (FOIA) REQUEST '

OCT 191987 00CKit NuustatSi ur appecaem KEQUESTER

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U $ ~ ' '))E O P* O PART l.-RECORDS RELEASED OR NOT LOCATED (See checked boxes)

No agmcy records subact to the request have been located.

No oddroomi agency records subt ect to the request have been located.

Agency records sutsoct to the request that are identified in AppentAm are skendy availabio for public inspection and coppng in the NRC Pdec Document Room, 1717 H Strast, N.W., Washington, DC.

Agency records subject to the request that are identFlod in Appendix are being made available for public inspecten and copying in to NRC Putde Document Roorn,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

The .wy,wGy version of the proposaHs) that you agreed to accept in a telephone conversaten wth a member of my staff is now being made avoasbie for pubEc inspection and coyng at the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and reouester name.

Encloemd is information on how you may obtain access to and the charges for copyA records placed in the NRC Public Document Room,1717 H Street, N.W., Wastungton, DC.

Agency records subpect to the request are enclosed. Any applicable charge for copese of the records provided and payment procedures are noted in the conuments secrjon.

1 Records subject to the request have been referred to another Federal egencyties) for review and direct response to you.

in new of NRC's response to this request, no further action is being taken on appeal letter dated PART H.A-INFORMATION WITHHELD FROM PUBLIC DICCLOSURE Certam hformation in the requested records is being withheld from pubic deciosure pursuant to the FOtA exemptione described in and fir: the reasons stated in Part it, sac.

tions 8, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made avasable for public inspecnon and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

' Comments 1

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBER (Sh N* N[ DA CT 191987 PART ll B- APPLICABLE FOIA EXEMPTIONS R cords subject to the request that are described in the enclosed Ap'pendices I are being withheid in their entirety or in part under FOIA Exxmptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The withheld information a propedy csassified pursuant to Executive Order 12356 (EXEMPTION 1)
2. The withheld information rotates sowy to the intomal personnel rules and procedures of NRC. (EXEMPTION 2)
3. The withheld information is specrhcaey exempted from public disclosure by statute indicated: (EXEMPTION 31 Section 141146 of the Asomic Energy Act which prohibits the disclosure of Restricted Dataior Formerh Restricted Data 142 U.S.C. 21612166).

y Section 147 of the Atomac Energy Act which prohibits the declosure of Unclassified Safeguarde informenon 642 U S.C. 2167).

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4. The withheld information is a trac'e secret or commercial or financials'iformation that is being withhekt for the reasontal indicated: (EXEMPTION 4)

The information is consdered to be confidential business (proprietary) information.

- The information is consadored to be proprietary information pursuant to 10 CFR 2.790(dH1). 1

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_ l The information was submrtted and recewed in confidence from a foreign source pursuant to 10 CFR 2.790idX2L

6. The withheld information consists of interagency or intraagency records that are not available through decovery dwing litigation. Declosure of predecisional information would tend to inhibit the open and frank exchange of ideas essental to the deliberatwo process. Where records are wrthheld in their entirety, the facts are irienricably ]

intertwined with the ecusonal informaten. There also are no reasonabi segreg6ble factual portions becease the release of the facts would permit en indarect inquiry into t predecmonal process of the egency. (EXEMPTION i

6. The withheld information is exempted from public disclosure because its disclosure would result in a death unwarranted invasion of personal privacy. (EXEMPTION 61
7. The withheld information consists of swestigatory records compsed for law enforcement purposes and is bang weeld for the reason (s) indicated. (EXEMPTION 7)

Declosure would interfere with an enforcement proceeding because it could reveal the scope, direction, s'id focus of enforcement efforts. and thus could possibly allow them to take actson so shield potential wrongdoing or a violata:in of NRC requirements frcrn swsogators. (EXEMPTION 7(AI)

Declosure would constitute an unwarranted irwasion of personal privacy (EXEMPTION 7(CH The information consists of names of individuals and other li* formation the disclosure of W.iich would rmeelidentitme of confidential sources. (EXEMPTION 7(DH PART lt.C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and/or 9.15 of the U.S. Nuclest Regulatory Commission regulations, it has been determened that the Wormation withheld is exempt from production or disclosure, I and thct its production or disclosure is contrary to the public interest. The persons responsible for the denial are thces oMicaals identifed below as denying officials and the Director, Division of Rules and Records, Office of A@ ministration, for any denials that rnay be oppealed to the Executive Deecsor for Operations (toot DENYING OFFICLAL , TITLE / OFFICE RECORDS DEMED APPELLATE OFFICIAL l

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PART ll D- APPEAL RIGHTS j

The 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 the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearty state on the envelope and in the letter that it is an " Appeal from an initial FOIA Decision."

NIC FORM 464 (Pert 2) ism U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION

Re: FOI A- 87-377 APPENDIX I -

RECORDS PARTIAll.Y WITHHELD-NUMBER DATE DESCRIPTION & EXEMPTION

1. 3/9/87- Memo for_ Heltenes from Davis, subject: Abnormal Occurrence Report to Congress for Fourth Quarter' CY 1986.

(24 pages) . Exemption 7A

2. 5/12/87 Memo for Murley, Thompson, Beck /ord, Denton, Mcdonald, Keppler and Parler from Jordan,' subject: Abnormal Occurren,ce Report to Congress for Fourth Quarter CY 1986 (72 pages - Note:

Document does not reflect pages ii. iv, 26, 30, 40, and 50 which resulted from incorrect numbering  :

of document. pages during typing) - Exemption 7A t

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