ML20238B171

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Final Response to Appeal Re Denial of FOIA Request for Documents About Plant.Forwards Documents Listed in App D.App D Documents Also Available in Pdr.App E Documents Withheld (Ref FOIA Exemption 5)
ML20238B171
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 08/27/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Bauman L
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20238B174 List:
References
FOIA-87-92, FOIA-87-A-22 NUDOCS 8709010102
Download: ML20238B171 (5)


Text

U.S. NUCLEAR REGULATORY COMMISSION NRC FOIA REQUEST NUM R:$1 p"% -

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INFORMATION ACT (FOIA) REQUEST e.se.

DOCstET WMet%ggy REQUE$tER j

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PART l.-RECORDI RELIASED OR NOT LOCATED ISee checked bo;ies)

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No agency records subject to the request have been located.

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

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Agency records subpect to the request that are identifed in Appendix

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1717 H Street, N W., War.hington, DC.

Agency records subpset to the request that are identrfied in Appendix D

are being rnade available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a folder under the FOtA numoet and requester name.

The nonpropnetary version of the proposal (s) that you agreed to accept in a telephone conversation wrth a rnember of my staff is now being made avalable for public inspection and coyng at the NRC Public Document Room,1717 H Street, N W, Washington, DC, in a folder under this FOIA number and requester name.

Encioned is inforenation on how you may obtain access to end the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

Agency records subsect 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 request have been referred to another Federal agencylies) for review and direct response to you.

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

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PART II.A-INFORMATION WITHHELD FROM PUBLid DISCLOSURE Certaan information an the request 9d records is being withheld from pubhc declosure pursuant to the FOIA exemptions described in and for the reasons stated in Part II, sec-X tions 8. C, and D. Any released portiorw of the documents for which ordy part of the record is being wrthheld are being made available for public inspectson and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC, in a fo6 der under this FOlA number and requester name.

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FOtA NUMBER ($):

PART la B+ APPLICABLE FOIA EXEMPTIONS

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PMT Records subject to the request that are described in the enclosed Appendices

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

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1. The withhel f information a property classified pursuant to Executive Order 12356 (EXIMPTION 1) l
2. The withheld information relates soWy to the internal personnel rules and procedures of NRC. (EXEMPTION 21
3. The withheld information a spectreally exempted from pubhc disclosure by statute indicated: (EXEMPTION 3) sym Section 141146 of the Atome Energy Act which prohibits the disclosure of Restricted Data'or Formerly Restricted Data 142 U.S.C. 21612165).

s Section 147 of the Atomac Energy Act whsch pechibits the disclosure of Unclassified Safeguards information 142 U S.C. 2167).

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4. The withheld information e a trade secret or commercial or financial information that is being withheld for the reason (s) indicated. (EXEMPTION 4) l The information is considered to be confidential business (propnetary) information.

The information is conssdered to be proprietary information pursuant to 10 CFR 2.790(dH1),

The information was submitted and racerved in confidence from a foreign source pursuant to to CFR 2.790(dH21.

6. The withheid information conasts of interagency or intraage,cy records that are not available through discovery dunng litegation. Osclosure of predwisional information wouki tend to inhibrt the open and trank exchange of ideas essental to the deliberative process. Where records are withheid in their entirety, the facts are inextncably intertwined with the predecessonal nformation. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into tne predocunonal process of the egency. (EXEMPTION b
6. The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 6)
7. The withheld information consats of mvestigatory records compied for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7)

Disclosure would interfere with an enforcement proceeding because rt could reveal the scope. direction, and focus of enforcemer t efforts. and thus could posssbly allow them to take acton to aheid potential wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7(AH Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7(CH The information consats of names of individuals and other information the disclosure of which would reveal identities of confidential sources. (EXEMPTION 7(DH PART 11 C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and 'or 9.15 of the U S. Nucleer Regulatory Commasion regulations, it has been determined that the information withheld e exempt from production or declosure, and that its production or declosure is contrary to the public interest. The persons responsible for the denial are those officials identrfed below as den ng offcials and the Director, n

Dwecion of Rules and Records. Office of Adminstration, for any densels that may be appealed to the Executive Director for Operations stooi.

DENYING OFFICIAL TITLE / OFFICE RECOfDS DENIED APPELLATE OFFICIAL bwx3 brw Mk bem N.

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PART 11 D-APPEAL RIGHTS The denial by each denying officialidentrfied in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made wfthin 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 Commession, U.S. Nuclear Regulatory Commission, Washington, DC 20565, and should clearty state on the envelope and in the letter that it is an " Appeal from an initsal FOIA Decision."

NAC POW a04 (Port a U.S. NUCLEAR REGULATORY COMMISSION som FOlA RESPONSE CONTINUATION

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Re: ~F0!Ao87-92

_c APPENDIX 0

i RECORDS MAINTAINED IN THE POR UNDER THE ABOVE REQUEST NUMB!

. NUMBER DATE I

DESCRIPTION 1.

8/29/84 Daily Report - Region IV

'with attachment 2.

9/25/84 Memo from Smith to Gagliardo (2pages) l 3.

10/10/84 Memo Ippolito to Herr (1page)

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4 9/08/86 Memo from Stello to (1

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D1 ton, Taylor and Cunningham i

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l Re:

FOIA-87-92 APPENDIX D

1 RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER NUMBER DATE DESCRIPTION 1*

8/29/84 Daily Report - Region IV

'with attachment 2.

9/25/84 Memo from Smith to Gagliardo (2 pages) 3, 10/10/84 Memo Ippolito to Herr (1page) 4.

9/08/86 Memo from Stello to (1page)

Denton, Taylor and Cunningham l

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l, Re: if 01 A.87-92

. APPENDIX ' E RECORDS TOTALLY WITHHELD NUMBER DATE i'

DESCRIPTION

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9/11/86 Memo from Lieberman to (1P89e)

Exemption'5

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Denton, Taylor and Martin i

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