ML20237L457

From kanterella
Jump to navigation Jump to search
Final Response to FOIA Reguest.App D Document Re Commissioner Roberts 820331 Memo to Chairman Palladino Concerning Investigations Completely Withheld (Ref FOIA Exemption 5)
ML20237L457
Person / Time
Issue date: 09/01/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Williams O
JRA ASSOCIATES
References
FOIA-87-381 NUDOCS 8709080408
Download: ML20237L457 (3)


Text

_. _ - - -

. _ - - -Fczh -en-321 l_,y m

}I g-f ensio%si tvPe RESPONSE TO FREEDOM OF X"

I l*

^"

S.

INFORMATION ACT (FOIA) REQUEST

..eet SEP oocm

,.ase s,,

- an 5

Lloutsit2 ObkeYns 6. W:ll(%

PART 1.-RECORDS RELEASED OR NOT LOCATED ISee checkedbonest

+

No agency records subpect to the request have been located No additional agency records subpect to the request have been located.

Agency records subject to the request that are identified in Appendix are already available for public inspecton se copying in the NRC Public Document Room, 1717 H Street, N.W., Washington, DC.

Agency records subpoet to the request that are identified in Appendis are being made available for public inspecnon and copying in the NRC Public Document i

Room,1717 H Street, N.W., Washington, DC, in a folder under the FOtA number and requester name.

The nonproprietary verson of the proposatts) that you agreed to accept in a telephone conversation with a mornber of my staff is 'cw being made ave 8eble for public inspection and coyin0 at the NRC Public Document Room,1717 H Street. N W,, Washington, DC, in a folder under this FOIA number and war 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., Washington, DC.

Agency records subrect to the request are enclosed. Any apphcable charge for copes of the records provided and payment proceGses are noted in the comments sectiest Racords subject to the request have been referred to another Federal agencybest for review and direct response to you.

In view of NRC's response to this request, no further acoon a being taken on appealletter dated PART ll.A-8NFORMATION WITHHELD FROM PUBLfC DISCLOSURE 6

Certain informaton in the requested records is being wrthheid from pubiac disclosure pursuant to the FOIA exemptons desenbod r and for the reseona stated in Part II. esc-tors B, C, and D. Any released portions of the documents tor which only part of the record is being withheld are being made evoimble for public inspection and Copying in the NRC Public Document Room,1717 H Street, N.W., WesNngton, DC. in a folder under this FOIA number and requester nome Comments sio E. DIRECTOR. Div r OF RV ND RECORDS sw

muuk, 8709080408 87090i s

PDR FDIA WILLIAMB7-381 PDR NIC FORM 464 iPaq l) it c$i

_______--__s

f FREEDOM OF INFORMATION ACT RESPONSE FO4A NUMBERISI-DATE: ffD PART ll.B-QPPLICABLE FOla EXEMPTIONS Records subject to the request that are described in the enclosed Appendeces are being withheld in their entirety or in part uncer FOIA Esemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

L The withhold mformation a property classifed pursuant to Executeve Order 12356 (EXEMPTION 1)

2. The wthheed mformaton relates solely to the intemal personnel rules and procedures of NRC. (EXEMPTION 2)

)

3. The wrthheld information a specifically eRempted from public disclosure by statute inchcated. (EXEMPTION 31 Secten 141145 of the Atomic Energy Act which prohibits the disclosure of Restrcted Data or Formerly Restected Data (42 U.S C. 216121651.

Secton 147 of the Atome Energy Act which prohibits the disclosure of Unclassrfed Safeguards information (42 U S.C. 2167).

4. The withhe6d mformation is a trade secret or commercial or financial informaton that a beeng withheld for the reason (s) indicated: IEXEMPTION 4) l The informaton is considered to be confidential business (propnetary) information.

The informaton a considered to be proprietary informaton pursuant to 10 CFR 2.790ld)(11.

The informaton was submitted and received in confidence from a foreegn source pursuant to 10 CFR 2.790(d4).

l l

5. The withheld infortnation consists of interagency or intraagency records th.t are not avadable through discovery dunng litigation. Disclosure of predecisenal mformaton l

would tend to mhibst the open and frank exchange of iteas essental to the deWeratWe process. Where records are withhe6d in their entirety, the facts are inextncably intertened with the predecmonal informaton. There mico are no reasonabiv segregable factual portons because the release of the facts would permit an indirect snquey mto tne predecis#onal process of the agency. (EXEMPTION 5) 1

6. The Wthheid information is exempted from public declosure because its declosure would result in a clearfy unwarranted invasion of personal privacy (EXEMPTION 6)
7. The withheld mformation consists of investigatory records compied for law enforcement purposes and is being wethheld for the reason (s) indicated. (EXEMPTION 71 Desclosure would interfere with an enforcement proceedmo because it could reveal the scope, directon, and focus of enforcement efforts. and thus could possibry albw them to take action to theid potential wrongdoing or a violatson of NRC requirements from investigators. (EXEMPTION 7(All Declosure would constitute an unverranted invason of personal privacy (EXEMPTION 7(Cil The information consists of names of individuals and other informaton the declosure of which would reveal identrbes of confidential sources. (EXEMPTION 7tD'l PART 11 C-DENYING OmCIALS Pursuant to 10 CFR 9.9 and /or 915 of the U.S. Nuclear Regulatory Commason reyulatons, at has been determined that the mformaton withheld is exempt from production or dlaciosure, and that its production or disclosure is contrary to the public interest. The persons responsible for the densal are those ofrcels identifed below as denying offcials and the Derector.

Osvsen of Ru6es and Records, Offce of Adminstration, for any denials that may be appealed to the Executive Director for Operatons isooi.

DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL gg %g SECRETARY EDO jok 6. N C crf O CoeL'ai

)1 X-s PART 11 D-APPEAL RIGHTS The denial by each denying official identified in Part it,C may be appealed to the 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 Operatons or to the Secretary of the Commesion, U.S. Nuclear Regulatory Commission, Washington, DC N565, and should clearly state on the envelope and in the letter that it is an Appeal from an initial FOIA Decision.**

csc rocu aos tPen 21 U.S. NUCLEAR REGULATORY COMMISSION

<m FOIA RESPONSE CONTINUATION

a Re: F01A-87-381 APPENDIX D RECORDS TOTALLY WITHHELD L

1.

3/31/82 Memo to Chairman Palladino, Commissioner Gilinsky and Commissioner Ahearne from Commissioner Roberts,

" Investigations"[F0IAExemption5]

l-_

l l

C I'

eaa-

J/R/A J/R/A/ ASSOCIATES Regulatory Infonnation and Support Synems 1304 REDDITCH COURT, LARGO, MARYLAND 20772 (301) 336-4982

_ 6/18/87 OGW 059 - FF FREEDOM OF INFORMATION Mr. Donnie H. Grimsley, Director Division of Rules and Records MNN Office of Administration

@/A-I7*II/

(

U.S. Nuclear Regulatory Commission g

ff

/y Washington, D.C. 20555

SUBJECT:

FREEDOM OF INFORMATION ACT REQUEST

Dear Mr. Grimsley:

Pursuant to the Freedom of Information Act, please make available in the Public Document Room all documents described in the appendix to this letter. That information should include all attachments and enclosures from the original document (s).

Thank you for a prompt response to this. request.

Feel free to call me at the number above for any further information needed to assist in satisfying this

request, i

Sincerely yours,

{

r W

f Oph ta G. Wi 11ams APPENDIX:INFORMATION/ DOCUMENTS NEEDED:

6 The official documentation establishing the Office of Investigations, j

t All documentation leading to or contributing to that decision,

~$

~

b Af-t p.

,