ML20236D759

Partial Response to FOIA Request for Documents.Forwards App E Document.Document Partially Withheld (Ref FOIA Exemption 5)

ML20236D759
Person / Time
Issue date:	10/27/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Rader R CONNER & WETTERHAHN
Shared Package
ML20236D762	List: ML20236D759 ML20245A487
References
FOIA-87-570 NUDOCS 8710280349
Download: ML20236D759 (3)

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4 INFORMATION ACT (FOIA) REQUEST eseoe DOCKET NUMeER;Si ur aspecsam fok rt R1r 26r PART 1.-RECORDS RELEASED OR NOT LOCATED ISee checked boxes)

No agency records subject to the request have been locatao No additional agency records subject to the request have been located.

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A ency records subject to the request that are identified b Appendu are already avaisable for public bepection and copying in the NRC Public Docurnent Roorn, 0

d 1717 H Street, N.W., Washington, OC.

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Agency records subject to the request that are identified h Appendu are being made available for public inspection and copying in the NRC Public Occument Room,1717 H Street, N.W., Washington, DC, in a folder wider this FOIA number and requester name.

The -+d-W, version of the proposal (s) that you agreed to accept in a te6ephone conversation w+th a member of my staff is now beang made avalable for public inspection j

and coyin0 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 inforrnation on how you may obtain access to ano the charges for copying records placed in the NRC Public Docurnent Roorn.1717 H Street. N.W,, Washing 1on. DC.

Agency records subject to the request are enclosed. Any arc $ cable charge for copies of the records provided and payment procedures are noted in the comments section.

Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.

j in view of NRC's response to this request, no further acnon is being taken on appeal letter dated I

PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being wnhhsks from public disclosure pursuant to the FOIA exemptions described 'm and for the reasons stated in Part 11. sec-tions B C, and D. Any released portions of the docurewnts 4 r which only part of the record is being withheld are being made avadable for public inspection and copyeg in 0

the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under thes FOIA number and requester name.

Comments 1

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' FREEDOM OF INFORMATION ACT RESPONSE FOiA Nuvata Sn f % fM OATDDT 2 7 tclR7 PART lt.B-APPLICA8LE FOtA EXEMPTIONS

' I Records subject tothe request that are described in the enclosed Appendices N

are being withheld in their entirety or in part unckr FOIA Exemptions and for the reasons sat forth below pursuant to 5 U.S.C. 552tb) and 10 CFR 9.5(a) of NRC Regulations.

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i 1, The w6thheed 6nformation is property classified pursuant to Executive Order 12356 (EXEMPTX)N ti

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2. The withheed information relates solely to the internal personnel rules and procedures of PsRC. (EXEMPTION 2) j 3 The withhe6d information is specifically exempted f.om public disclosure by statute indcated (EXEMPTION 3)

Section 141 145of the Atom 4c Energy Act which prohibita the disclosure of Restncied Data or Formeriy Restricted Data (42 U.S.C. 21612166).

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d Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclaserfaed Sadeguards information (42 U.S.C. 2167).

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

The information is considered to be confidential business (proprietary) inforrnstm The information is considered to be proprietary information pursuant to 10 CFR 2 7DdN11.

The information was submitted and received in confidence from a foreign source pi.nuarit to 10 CFR 2.790(dH2).

6. The withheld information corests of interagency or intraagency records that are not evadacne through decovery dunng litigation. Declosure of predecisional information would tend to inNbit the open and frank exchange of ideas essentsal to the delberatne proones. Where recorda are Wthheld in their entirety, the facts are inextncably Intertwined with the predecisional information. There also are no reasonabQ segregabee facsual portions because the ro6eese of the facts would permit an s

lndsrect inquiry into the predecisionel process of the egency. (EXEMPTION o) r '

6, The withheid information is exempted from public disclosure because its dsclosure wou6d Wt in a clearty unwarranted invasion of personal privacy. (EXEMPTION 6)

7. The withheld information consists of investigatory records compiled for law enforcems-t ov poses and is being witmeld for the reasonts) indicated. (EXEMPTION 7) i Disclosure would interfere with an enforcement proceeding because it could reveal tre scope, direction. and focus of enforcement efforts. and thus could possatWy allow them to take action to shield potential wrongdoing or a violatson of %8tC cauirements from investigators. (EXEMPTION 7t AH Osclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7.CH The information conses of names of individuals and other information the dociosue of which would reveal identities of confidential sources. (EXEMPTION 7tDH i

PART ll C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and/or 915 of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from production or dsclosure, and that its production or disclosure is contrary to the public interest. The persons responsab6e fur *e denial are those officials identified below as denying officials and tre Director, Drvisson of Rulee and Records, Office of Administration, for any denials that may be appealed to the Executive Director for Operations tEDOl.

RECORDS DENIED APPELLATE OFFICIAL

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PART tl D-APPEAL MeOMTS Th3 denial by each denying official identified in Port II.C may be appealed to the Accellate Official identified in that section. Any such appeal must be in writing and rnust be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations of to th3 Secretary of the Commission, U.S. Nuclear Regulatory Commission. Washingtor, DC 20555, and should clearly state on the envelope and in the letter thit it is an Appeal from an initial FOIA Decision.

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APPENDIX 4~

RECORDS PARTIALLY WITHHELD NUMBER

~DATE DESCRIPTION & EXEMPTION

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August: 28, 1987 4

(3033833 3500 CABLE ADDates: ATOMLAW FREEDOM OF INFORMATION ACT REQUEST

,i Mrs'.-Patricia G. Norry l

Director FREEDOM 0F INFORMATION 4

Office of Administration

- ACT REQUEST.

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-1 U.S. Nuclear Regulatory

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Commission Q #t#h f Y g o..

Washington, D.C.

20555

Dear Mrs. Norry:

j Pursuant to 10 C.F.R. -Part 9 and 5 U.S.C.

S552, I

hereby request that' the following category of documents be provided to me All documents -relating to the proposed rule entitled " Completeness and Accuracy of Information," published at 52 Fed.

Reg. 7432. (March 11, 1987).

.J This request includes all pertinent documents within the custody' ' of the NRC, whether. created by the NRC or i

received from any other person or entity, including other agencies,. departments or offices of the United States.

The request specifically' includes any correspondence to or from

, a the Office of Management and Budget.or any notes,-memoranda

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or other documents memorializing conversations. or meetings

.between employees of the NRC and OMB.

I agree to pay - all reasonable fees necessary for the 1

provision of these records pursuant to 10 C.F.R. 59.14.

I further tequest that the NRC expedite its initial determina-tion pursuant to 10 C.F.R. 59.9 because of the pendency of the aforementioned rulemaking proceeding and the necessity for timely input regarding the proposal.

Sincerely,.

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1 bert M. Rader RMR add d

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