ML20237C468

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Partial Response to FOIA Request for Documents Re Illegal Disposition of Am-241 at Wright-Patterson Air Force Base. Forwards App a Documents.App B Documents Withheld (Ref FOIA Exemptions 5 & 7)
ML20237C468
Person / Time
Issue date: 12/16/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Carpenter T
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20237C470 List:
References
FOIA-87-769 NUDOCS 8712210327
Download: ML20237C468 (4)


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l RESPONSE TO FREEDOM [IOF l * *'

%,,e a s e . /.- INFORMATION ACT (FOIA) REQUEST  ;

DEC 16 $87-

~DOCnET NuwstR!Si t# ace =ew RioutSTE WQ l J . bN "f W PAR 1 L-RECORDS RELEASED OR NOT LOCATED (See checked bonest No agency records seemet to the request have been bcated.

No soditonal agency *ecora subect to the request have been located.

Agsncy rtcords subso:- to t*e request that are icentifed m Appendia - are already avadatde for public irsoer.tson and copymg m the NRC P@lic Document Soc.

1717 H Street, N W . Washmgton DC .

Aginey records subect to the request that are identded in Appendix M are bemg % avadable for public inspection and copying in the NRC Pubhc Doccertt Room,1717 H Street N W ., Washmgton, DC, in a to6 der under the FOIA number end requester twve.

The nonproprietary wws.or of the proposalts) that you egreed to accept en a telephone conversation anth a member of rny staff is now being made available for pubhc mecaan and coymg at the NRO Pm Documimt Room.1717 H Strtet, N W , Washmgton, DC, in a foeder under the FOIA number and requester name.

Enclosed a informatur on ce yt,v may c.btain access to and the cnarges for copying socords placed m the NRC Pubhc Document Room,1717 H Street, N W,, Washmgtr X.

Agency records subpr tc tSe reouest are enclosed. Any applicable charge for copies of Og records trovided and payment procedures are noted in the comments sector.

Records oublect to tre rowest have been retened to another Federal agencybes) for review and direc response to you-in vow of NRC's reaccnse to the request, no further acten a being taken on appealletter 3ated PART li.A-INFORMATION WITitHELD FROM PUBLIC DISCLOSURE Certain information ir te vouested records is being withhrn) from public tiisclosura pu suant to the 8 CIA enemptons described an and for the reasons stated an Pati ll. sec-1 tions B C, and D. A% 'emesed portons of the docurnents for which only part of the record is being wrthheld are bemg made tvailable for public enspeCW and copying n the NRC Public Docrent Room,1717 H Street, N W., Washington, DC. in a folder under ths FOtA number and requester name.

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8712210327 PDR FOIA a71216 CARPENTB7-769 PDR r l SIG ' LAE DIRECTOR. OrV$0h 08 Ull$ AN R 'ORDS v, O bl - (

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NRC FORM 464 IPyt H 19 55:

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERtSP Fole- F 7- 74 9 Dart 16

  • PART ll B- APPLICABLE FOIA EXEMPTIONS Records subject to the regeest that are Gescnbed r t*e enclosed Appendices are beiry wehert r ear ert;rety or in part under FOtA Esemptiops and for the reasons set forth below pys ant to 5 U S.C. 552(b) and 10 CFR 9 5(a) of NRC ReWatscm
t. The withheld inforrnation a prcperly classited puro. ant x Executive Order 12356 (EXEMPTION 1)
2. The withheld mformation relates solely to the intems personnel rules and procedures of NRC, (EXEMPTION 21 3 The withheld mformation is specifically exempted fme D.che disclosure by statute indecated. (EXEMPTION 31 Secten 141145 of the Atomic Energy Act whice prorubits the disclosure of Restncted Data or Formerfy Rest'icind Data 4 . $ C. 2t612t66L Section 147 of the Atomic Energy Act which predata the declosure of Unclassified Safeguards Information 142 J S C. N
d. The wethheld information is a trade secret or comrrerna or fmancial information that is being withheld for the reascntst endi::aue EXEMPTION 4)

The mformaton is considered to be confidential bysness (propretaryl informaton The inforrnsison is considered to be proprietary rfor stson pursuant to 10 CFR 23904dH1).

The 6nformation was submitted and received in carecence from a forcegn source pursuant to 10 CFR 2.790idr(2

6. The withheld information consists of interagency or et'a.apency records that are not available through discovery d#ng litsgamr5 DE1osure of predecisional informaton would tend to mhsbit the open and frank enchange of iceeas essential to the deliberative process. Where records a*e enthheec ft ter entsrety, the facts are inextrmate intertynned with the predecisionalinformaton There aesc are no reasonablr segregable factual portions tascause the w oho dacts woutd permit an mdaract inquiry mto the predecssonal process of the agemy (EXEMPTION 51 6 The withheld information is esempted from publec candcs,#e because its disclosure would result m a clearly unwar' anted inwswrr :i' personal pnvacy, (EXEMPTION 6

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7. The withheld information consets of mwestigatory recorcu compiled for law enforcement purposes and a bemg wrrrseid for t'e easonist mdicated (EXEMPTION 7i Disclosure would interfere with an enforcement procest:hng because it could renal the scope, detecten, and focus of enfor:amere efforts and thus could possiDay allow them to tane acten to shield potersai avrongdoing or a violation of NRC requirecients from inves gators (P4WiON 7tAH Disclosure would constitute an unwarranted anvasacr' # personal prwacy (EXEMPTION 7(CH The information consists of names of individuals and Mher informaton the dacsosure of which would reveal idemties of crficer tal sources. (EXEMPTION 7(DD PART 11 C-DENYING O$FICIALS Pursuant to 10 CFR 9.9 and/or 9.15 of the U S. Nucinar Repitor. Commason regulatons. it has been determined that the ofcrmation wtpraec a exernet from producten or dedrasure, and that its producteon or declosure e contrary to the pubeic ar'turest. The persons responsible for the denial are those offscass nientifed tincew as denying officiala and the Director, Division of Rules and Recuros, Office of Adminstration, for arg denials that may be appealed to the Executive Director for Operatiors cr>t DENYING OFFACIAL TITLE- OFFf f RECORDS DENIED APPELLATE OFFICtAL 1 M g sECRFTARY EDO

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PART 11 D- APPEAL grtlGHTS The denial by each denying offidal identrfied in Part ILC may be appealed to the Arpellate Official identrfeed in thJr secnean. Any such eppeal must be in wrrting and must be made within 30 days of receipt of tFus response. Appeals must be addressed as approprote to the bec:strve Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regul.istory Commission, Washington, DC 20555, and shovd clearts starm on the envelope and in the letter that it is an " Appeal from an initial FOIA Decision,"

hac FORM and (Part 2)

+cm U.S. MJCLEAR REGULATORY COMM'SSION FOIA RESPONSE CONTINUATION

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j Re::F01A-87-769 l APPEND:X A RECORD MAINTAINED 'IN THE PDR LADER THE ABOVE REQUEST NUMBER )

1. 10/27/86- ~ News Announcement: . 86-64, entitled "NRC Investigating )

Circumstances of Radioactive Contamination Incident at 3 Wright-Patterson Air Ferce Base, Ohio". (l'page)- l 1

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. ,4 Fse: FOIA-87-769 APPENDIX B-RECORDS TOTALLY WITHHELD

1. 2/2/87 Eriefing paper from D. Humenansky to 0:aiman Zech, entitled, " Summary of Governor Celeste Emergency Planning lask Force". with handwritten note.s by Max Clausen and D.

Rathbun. (3 pages) Exemption 5 & 7A.

2, 2/13/87- Briefing paper from J. Dunn-Lee to Chairnan, re accident-and investigation at Wright Patterson Air Force Base, with  !

handwritten notes by Dennis Rathbun ard Chairman Zech. (2  !

pages) Exemption 5 & 7A.

3. Various Records from the Office of Investigattns subject to this request are being withheld pursuant te Exemption 7A.

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