ML20236E338

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Responds to FOIA Request for Secy 87-032.App a Document Withheld (Ref FOIA Exemption 5)
ML20236E338
Person / Time
Issue date: 07/29/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Wetzel S
NUS CORP.
References
FOIA-87-393 NUDOCS 8707310315
Download: ML20236E338 (3)


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  • i-RESPONSE TO FREEDOM OF i

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INFORMATION ACT (FOlA) REQUEST M 29 M

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PART l.-f(ECORDS RELEASED bR NOT LOCATED (See checked boxes)

No agency records subtect to the request have been located.

No additional agency records subrect to the request have been located.

Agsncy records subject to the request that are ident(ed in Appendix are already avaslable for public inspection and copying in the NRC Public Document Room, 1717 H Street, N W, Washington, DC.

Agtncy records subsect to the request that are identrFed in Appendix are being rnade 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 requester name.

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made avalable for public inspecnon 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 access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N W., Washington. DC, Agsney records subrect to the request are enclosed. Any applicable charge for copes of the records provided and payment procedures are noted in the comments rection.

Records subsect to the request have been referred to another Federal agency (est for review and direct response to you, in view of NRC's response to thes request, no further action is being taken on appeal letter dated PART fl. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain ir. formation in the requested records is being withheld from public disclosure pursuant to the FOIA exemptions described in and for the reasons 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 r the NRC Public Document Room,1717 H Street, N.W, Washington, DC, in a folder under this /01A numbe' and requester name.

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B707310315 070729 PDR FOIA WETZEL87-393 PDR l

NRC FORM 464 IPart D 19 861

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' FREEDOM OF INFORMATION ACT RESPONSE FOlA NUMBERIS)

DATE-l((] 2g1@

PART fl 8-APPLICABLE FOIA EXEMPTIONS l

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RedrUs subject to the request that are described in the enclosed Appendices "1

are being withheld in their entirety or in part under FOI A Examptions and fog the reasons set forth below pursuant to 5 U.SA 552(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The withheld information a properly classifed pursuant to Executive Order 12356 (EXEMPTION 1) i l

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2. The withheld information relates solely to the Internal personnel rules and procedures of NRC. (EXEMPTION 2) l
3. The wtthheld information is specifically exempted from public disclosure by statute indicated: (EXEMPTION 3)

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Secten 141145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U.S.C. 2161-2165L g

J Section 147 of the Atomic Energy Act whictr prohibits the disclosure of Unclassified Safeguards Information 142 U.S.C. 2167)

4. The withheld information is a trade secret or commercial or financial information that is bemg withheld for the reason (s) indicated: ! EXEMPTION 41 The information is considered to be confidential business (propnetaryl mformation.

l The information is considered to be propnetary information pursuant to 10 CFR 2.790<d)(1),

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

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5. The withheld information consists of interagency or intraanency records that are not available through discovery during lit gation. Disclosure of predecisional informaton i

would tend to inhibit the open and frank exchange of irf-as essential to the deliberative process. Where records are withheld in their enttrety, the facts are inextricabh mtertwined with the predecisionalinformaton. There also are no reasonatWV segregable factual portions because the release of the facts wculd perm #t an indirect mouiry into the predecisional process of the agencv (EXEMPTION Yi)

6. The withheld information is exempted from public disclosure because }ts disclosure would result in a clerstly unwarranted invasion of personal privacy. (EXEMPTION 61
7. The withheld information Consists of investigatory records compiled for law enforcement purposes and is being withheld for the reason (s) indscated. (EXEMPTION 7)

Disclosure would interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforce.nent efforts, and thus could j

possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. lEXEMPTION 7tAH J

l Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 71Cl)

The information consists of names of individuals and other information the disclosure of which would reveal identities of confidential sources. (EXEMPTION 7(On PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and/or 9.15 of the U.S. Nuclear Regulatory Commissson regulatons, it has been determined that the information withheld is exempt from production or disclosare, l

and that its production or disclosure is contrary to the pub'ic interest. The persons responsible for the denial are those officials identified below as denying officials and the Director.

1 Division of Rules and Records. Office of Administration, for any denials that may be appealed to the Executive Director for Operations stool i

OENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL b

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1 PART 11 D-APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appella*e Official identified 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 20565, and should clearly state on the envelope and in the letter j

that it is an " Appeal from an Initial FOIA Decision."

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FOIA RESPONSE CONTINUATION I

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APPENDIX ~~

I RECORDS TOTALLY WITHHELD l

NUMBER DATE DESCRIPTION & EXEMPTION j

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