ML20237H089

Final Response to FOIA Request for Documents Re Initiation of Severe Accident Policy Implementation.App a Documents Withheld (Ref FOIA Exemption 5)

ML20237H089
Person / Time
Issue date:	08/12/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Connor L DOC-SEARCH ASSOCIATES
References
FOIA-87-437 NUDOCS 8708170050
Download: ML20237H089 (3)

Text

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RESPONSE TO FREEDOM OF e

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INFORMATION ACT (FOIA) REQUEST AUG 12 jgg7 e.ee e

DOCKET NUMBER (S) l# epp4csoM iREQUE3ffR

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Ms. Lynn Connor I

PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked boxes) 1

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No agerv:y records subpct to the request have been iocated.

No oddrtbnal agency records subject to the request have been located.

Agency rscords subject to the request that are identified in Appendu; are already available fw public irnonction and copying in the NRC Public Document Room, 1717 H Stregt, N.W., Washington, DC.

Agency records subsect to the request that are ide fied in Appendix are being made available for pubIic anspection and copying in the NPC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under the FOIA number and requester name.

l The nonproprietary vomion of the proposalls) that you agreed to accept in a telephone conversation with a member of my sta'If a now being made avalable for put'lic 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.

j Enclosed is information on how you may obtain accou to and the charges for copying records placco in the NPC Public Document Room,1717 H Stree, N.W., Washington, DC.

I Agency records subject to the request are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments section.

Records subject to the requent have been referred tc Other Federal agencyfies) for revew.and direct response to you.

In view of NRC's respgnse to this request, no further action is being taken on appeel letter dated PART tl.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cert:in information in the requested records is being withheld from public declosv e pursuant to the FOIA exemptions described in and for the reasons stated in Part II, sec-l

,y tions B, C, and D, Any released portions of the documents for which only part of the record is being withheld tre being made available for public inspection af j Copying in j

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the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in e folder under this FOIA number and requester nome.

Comments j

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AUG 12 987 1

FREEDOM OF INFORMATION ACT MESPONSE lOlA NUMBER (Sh 87-437 DATE:

PART ll.B-APPLICABLE FOIA EXEMPTIONS Rscords subject to the request that are described in the enclosed Appendices A

are being withheld in their ontirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. SS2(b) and 10 CFR 9.5(a) of NRC Regulations.

1. The withha4d information is property classifed pursuant to Executive Order 12356 (EXEMPTION 1)

2. The withheld information relates soleiv to the intemal personnel rdas and procedures of NRC. (EXEMPTION 2)

3. The withhe4d information is specifically exempted from public disclosure by statute indicated: (EXEMPTION 3)

Section 141145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data'or Formerly Rettncted Data (42 U.S.C. 21612165L Section 147 of the Atomic Energy Act which prohibits the declosure of Unclassified Safeguards Information (42 U.S.C. 2167).

4. The withheld information is a trade secret or commercsat or financial information that is being withheld for the reason (s) indicated; (EXEMPTION 4)

The information is considered to be confidential business (proprietary information.

The information is considered to be propnetary information pursuant to 10 CFR 2.790(dHI).

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The information was submitted and rewved in confidence from a foreign source pursuar t to 10 CFR 2.790(dM2).

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5. The withheid information conasts of interagency or intraagency records that are not available through discovery during litigation. Osclosure of predecisional information X

would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextricab4 intertwmed with the Dredeceional information. There also are no reasonably segregable factual portions because the ro6eene of the facts would permit an indirect inquiry into the predecesonal process of the agency. (EXEMPTION b.

6. The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal pnvecy. (EXEMPTION 61

7. The withheld informaten consists of investigatory records compaed for law enforcement purposes and is being wtthheld for the reason (s) indicated. (EXEMPTION 7)

I Disclosure would interfere with an enforcement proceeding because it could reveal the scope, directson, and focus of enforcement efforts and thus could possitHy allow them to take action to sheid potential wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7tA))

Declosure would constitute an unwarranted invasion of personal pnvacy (EXEMPTION 7tC))

l The information consists of narr'es of individuals and other information the disclosure of which would reveal identitms of confidential sources. (EXEMPTION 7(0))

PART II.C-DENYING OFFICIALS Purruant to 10 CFR 9.9 and/or 9.15 of the U S. Nuclear Regulatory Commasion regulations, it has been determined that the information withheld is exempt from production or disciowe, and that its production or disclosure is contrary to the public interest. The persons responsible for the denial are those officials identified below as denying officials and the Director, Divisen of Hules and Records, Office Of Adminstration, for any denials that may be appealed to the Executive Director for Operations IEDol.

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL Director Office of S'ca"*

'm Eric S. Beckjord s

A-1 & A-2 Nuclear Regulatory Rese arch X

PART 11 D-APPEAL RIGHTS Thz der.ial by each denying official identified in Part li.C may be appealed to the AppetLite 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 20555, and should clearly state on the envebpe and in the letter th:1 it is an " Appeal from an initial FOIA Decision."

mac romu ese (Pert 2)

U.S. NUCLEAR REGULATORY COMMISSION' 4

cs est FOIA RESPONSE CONTINU ATION

F0!A-87-437 l

APPENDIX A i

WITHHELD DOCUMENTS - EXEMPTION 5 1.

Letter from T. P. Speis, NRC, to W. Kerr, ACRS.

Subject:

Documentation i

Necessary for the Initiation of the Severe Accident Policy Implementa-tion, dated May 15,1987 (55 pages) 2.

Letter from T. P. Spets, NRC, to W. Kerr, ACRS,

Subject:

Documentation i

l Necessary for the Initiation of the Severe Accident Policy Implementa-l tion, dated May 22, 1987 (86pages) i 1

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