ML20236H102

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Final Response to FOIA Request.App a Nine track,non-labeled 1,600 Bpi Tape & Printout Completely Withheld as Confidential Business Info (Ref FOIA Exemption 4)
ML20236H102
Person / Time
Issue date: 07/31/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Marnon D
NU*TEC
References
FOIA-87-414 NUDOCS 8708050060
Download: ML20236H102 (3)


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RESPONSE TO FREEDOM C" gg

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INFORMATION ACT (FOIA) REQUEST M 31 19p D *' '

DoceLET NUM8ERi$l W spanceasi REQUES TER I

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I PART 4.-RECORDS RELEASED OR NOT LOCATED (See checked bores)

No agency records subrect to the request have been located.

No sdditional agency records sub set to the request have been located.

t Agency records subsect to the request that are adentifed in Appendia are already available for public inspection and copying in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.

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Agency records subrect to the request that are identified in Appendis are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washrngton, DC, in a folde under this FOIA number and requester name.

The nonproprietary version of the proposal (si that you agreed to accept en a telephone conversation with a member of my staff is now being made available for pubhc inspection l

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 may obtain access to and the charges for copying records placed in the NRC Public Document Room 1717 H Street, N.W., Washarvan DC Apsncy records subject to the request are enclosed. Any applicable charge for copies of the records provided and payrnent procedures are noted in the comments section.

Racords subtect to the request have been referred to another Federal agencyhesl for review and direct response to you.

In view of NRC's response to this request, no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE J

Certain informaten in the requested records is being withheld from pubhc disclosure pu'suant to the FOIA esemptions desenbed in and for the reasons stated in Part II, sec-tsons 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 m the NRC Public Document Room,1717 H Street, N.W., Washington. DC, in a folder under this FOIA number and requester name.

Comments i

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"B708050660 87D731" PDR FOIA MARNON87-414 PDR NRC FORM 464 tPart H (948i

hfh $h kf FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERISI DATE:

PART ll B-APPLICABLE FOIA EXEMPTIONS Records sub)ect to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under FO A Exernptions 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 informaton e properly classified pursuant to Executive Order 12356 (EXEMPTION 11
2. The withheld information relates solely to the interna! personnel rules and procedures of NRC. (EXEMPTION 21
3. The withheld information a specifically exempted from public disclosure by statute indicated. (EXEMPTION 31 Section 141145 of the Atomic Energy Act which prohibits the disclosure of Restocted Data or Formerfy Restocted Data (42 U S.C. 21612166L Secten 147 of the Atomic Energy Act wteh prohibits the disclosure of Unclassified Safeguards Information 842 U S C. 2167).
4. The withheld informanon is a trade secret or commercial or fir.ancial information that is being withheld for the reason (s) indicated: (EXEMPTIOW di The information is considered to be confeder'tial business (proprietary) mformation The information is considered to be propnetary mformaten pursuant to 10 CFR 2.790tdHil.

The information was submitted and received in confidence from e foreign source pursuant to 10 CFR 2.790idM2L

5. The withheld information consists of interagency or intraagency records that are not available through discovery during letsgation. Disclosure of predecisional informative would tend to inhibet the open and frank exchange of ideas essential to the deliberative process Where records are withheld in their entirety, the facts are inextricab%

intertwined with the predecisional mformation. There also are no reasonably segregable factual portens because the release of the facts would permit an mdirect inquiry into tne predecssonal process of the agency. (EXEMPTION 5) l

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6 The withheld information s exempted from public dsclosure because its disclosure would result m a clearly unwarranted invasion of personal privacy. fEXEMPTION 6 l

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7. The withheld informaton conssts of investigatory records compiled for law enforcement purposes and is being withheld for the reason (s) indicated IEXEMPTION 7)

Disclosure would interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts. and thus could possibiy allow them to taita action to shield potential wror'gdomg or a violation of NRC requirements from investigators. (EXEMPTION 7(AD Declosure would constitute an unwarranted invasion of personal onvecy (EXEMPTION 71CH The informaton consists of names of mdivi1uals and other information the disclosure of which would reveal identities of confidential sources (EXEMPTION 7(DH PART ll C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and or 915 of the U S. Nur. lear Regulatory Commason regulatons. it has been determined that the information withheld is exempt frorn production or dsclos.re.

and that its production or disclosure S Contrary to the puDlic interest. The persons responsible for the denial are those officials identified below as denying officials and the Direror, Divmson of Rules and Records. Office of Admmistration, for any denials that may be appealed to the Executive Director for Ope <atsons iEcos.

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S4FETV+5d M6 M OS PART 11 D-APPEAL RIGHTS The denial by each dunying official identified in Part li.C may be appealed to the Appellate Official identified in that section. Any such appeal must be ei writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to ne Executive Director for Operations or to the Secretary of the Commisson, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and shot.Ad clearly state on the unvelope and in the letter that it la an Appeal from an initial FOIA Decision."

func FORM eaa (Pert 21 U.S. NUCLEAR RIGULATORY COMMISSION m am FOlA RESPONSE CONTINUATION

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