ML20236H626

Final Response to FOIA Request for Documents.App a Document Withheld (Ref FOIA Exemption 5)

ML20236H626
Person / Time
Issue date:	07/31/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Wetzel S NUS CORP.
References
FOIA-87-406 NUDOCS 8708050272
Download: ML20236H626 (3)

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FOIA-87-406

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RESPONSE TO FREEDOM OF X I ""^'

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INFORMATION ACT (FOIA) REQUEST O

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DOCKET NUMBER (St irr appresnet MQUESTER Mr. Stewart A. Wetzel j

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

No egency records subject to the request have been located.

No addruonal agency records subpct to the request have been located.

Agsncy records subsect to the request that are identifed in Appendia are already available for pubhc inspection and copying in the NRC Pub.ic Document Room, 1717 H Street. N.W., Washington, DC.

Agency records subpet to the request that are iderttifed in Appendix are being made available for pubhc inspection and copying in the NRC Pubhc Document Room.1717 H Street, N.W, Washington, DC, in a folder under thsa FOIA number and requester name.

The nonproprietary version of the proposaHs) that you agreed to accept in a telephone conversation with a member of my staff a now being made available for pubhc inspection 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 e information on how you may obtair access to and the charges for copyirig records placed in the NRC Pubhc Document Room 1717 H Street, N.W., Washington, DC.

Agsney records subject to the request are enclosed. Any applicable charge for copes of the records provided and payment procedures are noted an the Commersts section, Racords subject to the request have been referred to another Federal agencyises) 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 l

PART If.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaten in the requested records is being withheld from public declosure pursuant to the FOIA esemptions 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 withheld are being made available for pubhc inspection 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.

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FREEDOM OF INFORM,,ATION ACT RESPONSE F01A NUMBER;SI-87-406 DATE: JUL 31 m e

PART 11 B-APPLICABLE FOm EXEMPTIONS Records subject to the request that are described in the enclosed Appendices A

. are being withheld in their entirety or in part under FOsA Exemptions and for the reasons set forth helow pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC ReguleMns

t. The withheld information is property classNed pursuant to Executive Order 12356 (EXEMPTION 1)

2. The withheld information reistes solely to me internal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The withheld information is specifically exenpted from public disclosure by statute mdicated: (EXEMPTION 31

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j Section 141-145 of the Atomic Energy Act whch prohibits the declosure of Restncted Data or Formerfy Restricted Data 142 U S.C. 21612165L Section 147 of the Atomic Energy Act shich prohibits the disclosure of Unclassified Safeguards informaton (42 U S.C. 2167L

4. The withheld information is a trade secret er commercsal or financial information that is being withheld for the reason (s) 'ndicated- (EXEMPTION 4)

The information is considened to be coddential business (proprietary information.

The informaten is considered to be proprietary informar.on pursuant to 10 CFR 2.790(dHtl.

The information was subastied and recoved in confidence from a foreign source pursuant to 10 CFR 2.790tdl(2L g

6. The withheld information cormsts of interagency or intraagency records that are not available through discovery during htigation. Declosure of predecisional informaton would tend to inhibit the open and frank achange of ideas essential to the deliberative process. Where records are withheld in their entirety. the facts are inextricath intertwined with the predecisonalinformonen. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect mquiry mto tne predeceional process of the agency. IEXEMPTION h)

6. The withheld information is exempted frore public dsciosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXW"lON 6

7. The withheld inforns tion conssts of invasegatory records compiled for law enforcement purposes and a being withheld for the reason (s) indicated. (EXEMPTION 71 -

Disclosure would interfors with an enfonement proceeding because it could reveal the scope, direction. and focus of enforcement efforts. and thus could possibly allow them to taba action to shold potential wrongdoing or a violation of NRC requirements from investigators (EXEMPTION 7(AH e

1 Osclosure would constittee an unwarraned invasion of personal privscy (EXEMPTION 7(CD The information consists of names of sullviduals and other information the disclosure of which would reveal identities of confidentel sources. (EXEMPTION 7tDL PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and 'or 915 af the U.S Nunear Regulatory Commission regulatons. it has been determined that the information W1thheld is exempt from production or discKnure, and that its production or decloeuve e contrary tothe public interest. The persons responsible for the dernal are those officials identified below as denying officials and the Dractor, Division of Rules and Recordr. Ofke of Adminieration, for any denials that may be appealed to the Executive Director for Operations (EDOL DENYlNG OFFICIAL TITLEr OFFICE RECORDS DENIED APPELLATE OFFICIAL Eric S. Beckjord Director, Office of A-1 Nuclear Regulatory ResearCh XX i

PART 11 D-APPEAL RIGHTS The denial by each denying afficial identsed in Part ll.C may be appealed to the Appellate Official identified in that section, Any such appeal must be in writing and must be made whin 30 days af receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commision U.S. Nuclear Regulatory Commesion, Washington, DC 20555, and should clearly state on the envelope and in the letter tha It is an " Appeal from an initial FO)A 9ecision."

NIc Fonu asa irert 2:

U.S. NUCLEAR REGULATORY COMMISSION

'i o.esi FOIA RESPONSE CONTINUATION 1

F01A 406 APPENDIX A l

WITHHELD - EXEMPTION 5 q

1.

5/15/87 Memorandum from Themis P. Speis to W. Kerr, subject:

DOCUMENTATION NECESSARY FOR THE INITIATION OF THE SEVERE l

ACCIDENT POLICY IMPLEMENTATION.

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