ML20236L410

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Partial Response to FOIA Request for Documents Re Final Rule Concerning Procedures for Production or Disclosure of Records or Info.Forwards App a Documents.App a Documents Partially Withheld (Ref FOIA Exemption 5)
ML20236L410
Person / Time
Issue date: 08/04/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Wetterhahn M
CONNER & WETTERHAHN
Shared Package
ML20236L414 List:
References
FOIA-87-359 SECY-85-102, SECY-85-102A, SECY-85-102B, NUDOCS 8708100241
Download: ML20236L410 (3)


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I RESPONSE TO FREEDOM O F INFORMATION ACT (FOIA) REQUEST

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AUG 41987 DocaET NuustASe in espaceam MI*"^'

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PART llRECORD(BELEASED OR NOT LOCATED fSee checked boxes)

No agency records subject to the request have been located.

No additonal egency records subject to the request have been located.

Agency records subrect to the request that are identifed in Appendix are already available for public inspection and copying in the NRC Public Document Room, 1717 H Street, N.W., Weshington, DC.

Agency records subsect to the request that are identrfed in Appendix are being made available for pubhc enspeceon and copying in the NRC Pubhc Document Rcom,1717 H Street, N W., Washington, DC, in a folder under this FOIA number and rWuester name.

The nonproprietary version of the propos.Hs) that you agreed to accept in a telephone conversation with a member of my staff a now being made avalable for public inspection and coying at the NRC Pubhc Document Room,1717 H Street, N W , Washington, DC, in a foider under the FOIA nurnber and 'eauester name.

Enclosed is information on how you may obtain access to and the charges for copyino reco'ds placed in the NRC Public Document Room,1717 H Street. N.W., Washington, DC.

Agency records subject to the request are enclosed. Any apphcable charge for copes of the records provided and payrnent procoa,res are noters in the comments section.

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

In vow of NRC's response to this request, no further action is being taken on appeal letter dated ,

PART fl.A-INFORMATION WITHHELD FROM PUBLIC D SCLOSURE Cartain information in the requested records is being withheld from public disclosure pursuant to the FOIA exemptions dsscribed s' and for the reasons stated in Part ti, sec-1.5ns B, C, and D. Any released portions of the documents for which only part of the record is being wi,hheld t are being made awadable frw pubhG inspection and Copying in the NRC Public Cocument Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and reque?ter name.

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$1 ATU , DIRECTOR. DIVISION RULE ItECORDS 14_$d ( _

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B'708100241 87000 i PDR FDIA PDR WETTERHB7-359 NIC FORM 464 IPen D is es)

AUG - 41987 FREEDOM OF INFORMATION ACT ?.ESPONSE FOIA NUMBERISI: DATE:

PART 11 B- ANLICABLE OIA EXEMPTIONS I Records subject to the request that are desenbed in the enclosed Appendices ' I are being withheld in their entirety or in part under sOIA ExImptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.Stal of NRC Regulations.

1. The wthheld information is property classifsod pursuant to Executive Order 12356 (EXEMPTION 11 2, The withheld iriformation relates solely to the irvernal personnel rules and procedures of %RC. (EXEMPTJON 2)
3. The withheld information is specifically esempted from public disclosure by statute indicated. (EXEMPTION 3)

Section 141145 of the umic Energy Act which prohibits the disclosme of Restricted Data or Formerly Restncted Data 142 U.S.C. 21612165).

fecten 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information 142 U.S.C. 2167).
4. The withheld mformation is e trade secret or commercial or fmancial informaton that is being withheld for the reason (s) indicated: (EXEMPTION 4)

The information a considered to be confidential business proprietary) ir formation.

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The information is considered to be propnetary information purssant to 10 CFR 2.7901d)(1).

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

5. The withheld information consists of interagency or intraagency records that are not available through discovery donng litigation. Onclosure of predecisions' information would tend to inhabit the open and frank enchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextricaoty

\ intertwined with the prodocisenal informaten. There also are no reasonabsv segregable factual portions because the release of the facts would permit an indirect mquiry mto the predecesonal process of the agency. (EXEMPTION b) 4--

6. The withheld information is exempted from pubhc disclosure because its disclosure woeln Tsult in a clearty unwarranted invasion of personal prrvacy. (EXEMPTION 61
7. The withheld information consists of investigatory records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 71 Disclosure would interfere with an enforcement roceeding because it could reveal the scope, direction, and focus of er.forcement efforts, and thus could possibly allow them to take acton to theid potential wrongdoing or a violation of NRC requirements from investigators. EXEMPTION 71A))

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Disclosure would constitute an unwarranted invason of personal privacy IEXEMPTION 7tCH The information consists of names of individuals and other infortnation the disclosure of which would reveal identities of confidential sources. (EXEMPTION 71D >

PART 11 C-DENYING OFFICI ALS Pursucnt to 10 CFR 9 9 and/or 9.15 of the U.S. Nuclear Regulatory Commission regulatons, it has been determined that the infonnaten withheld is exempt from production or declosure, and that its production or disclosure is contrary to the public mterest. The persons responsible for the denial are those offichnis identified below as denying officials and the Director.

Divisen of Rules and Records Office of Administrated, for any denials that may be appealed to the Execu0ve Director for Operations troot.

DENYING OFFICIAL , ,

TITLg! OFFICE RECORDS DENIED APPELLATE OFFICIAL N l'11 M lY '

Q \f PART 11 D- APPEAL RIGHTS The denial by each denying official identdied in Part ll.C may be appealed to tha Appellate 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 th3 Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an "Appeat from an Initial FOtA Decision."

nnc pow as4 tren a U.S. NUCLEAR REGULATORY COMMISSION mesi FOIA RESPONSE CONTINUATION

Re: FOIA- 87-359 A

APPENDIX RECORDS PARTIALLY WITHHELD

' NUMBER DATE. DESCRIPTION & EXEMPTION

' 1. . 3/21/85 SEC)-85-102 " Procedures To Be Followed When A Subpoena Or Other Demand for Disclosure of Records Or Information Is Sought From Present Or Former Employees."

l Portions being withheld pursuant to Exemption 5.

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2. 6/11/85 SECY-85-102A " Procedures To Be Followed When A Subpoena Or Other Demand For Disclosure Of Records Or-Information Is Sought From Present Or Former Employees."

Portions being withheld pursuant to Exemption 5.

3. '8/6/85 SECY-85-1028 " Procedures To Be Followed When A Subpoena or 0ther Demand For. Disclosure of Records Or

.Information Is Served on NRC Employees."

Portions being withheld pursuant to Exemption 5.

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