ML20238B201

Final Response to FOIA Request for Documents.Document Identified in App B Being Made Available in PDR & Forwarded. Documents Identified in App C Withheld in Entirety (Ref FOIA Exemption 5)

ML20238B201
Person / Time
Issue date:	08/28/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Wetterhahn M CONNER & WETTERHAHN
Shared Package
ML20238B203	List: IA-87-359, Field Policy Manual 4 - Response to Private Litigants & State Agencies Seeking Testimony ML20238B201 ML20238B214
References
FOIA-87-359 NUDOCS 8709010116
Download: ML20238B201 (5)

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! RESPONSE TO FREEDOM OF C)lh A

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INFORMATION ACT (FOIA) REQUEST  !

• \ esee- AUG 2 8 toA7 DocasT NUM8f m 5. vr sooncem j Et$ R rr A \Urumn fhlre_

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PART'l1RECOR68 RELEASED OR NOT LOCATEO ISee checaed boxes)

No egency records subsect to To request have been located.

No additonal agency records subrect to the request have been located.

Agency records subject to the request that are idents6ed in Appendiz are already available for public inspection and copying in the NRC Public Docummt Room, l 1717 H Street. N W., Washington, DC. i 1

Agency records subract to the request that are identified in Appendix are being ma1e available for public mapecten and copying in the NRC Pubhc Document Room,1717 H Street, N W., Washington. DC, in a folder under the FOIA number and requester name, l j

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The nonpropnetary version of the proposaHs) that you agreed to accept in a telephone conversation with a member of my staff is r ow being made avalable for public rupection snd coying at the NRC Public Document Room,1717 H Street. N W., Washington, DC , in a folder under the FOIA number and requester name.

Enclosed is information on how you may obtain access to and the charges foi copying records placed in the NRC Public Document Room,1717 H Street. N.W., Washington, DC, A Dency records subject to tN request are enclosed. Any apphcable charge for copies of the records provided and payment procedures are noted in the comments secson, Records subject to the request have been referred to another Federal agencylies) for review and direct response to you.

t in view of NRC's response to this request, no further action a being taken on appeal letter dated j

PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records a being withheid from pubhc dtsclosure pursuant to the FOIA enemptions described in and for the reasons stated in Part 8. sec. i ions B, C, and D. Any released portions of the documents for which only part of the record a being withheld are being made availabie for public inspecten and copmg in (

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

a Comments '

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SIGNAT ~ECTOR Divt,SION OF ft ANDR h j b QJ2 - _

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8709010116 PDR FOIA 870828 WETTERH87-359 PDR NRC FORM 464 6Part li is @

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMetR'SI- DATE: Ajm4 o _

PART li B- APPLICABLE FOIA EXEMPTIONS ~~~~~W/ I Records subject to the request that are described in the enclosed Appendices e are being withheld in their entirety or in part under FOIA Exemptions and for the ruasons set forth below pursuant to 5 U.S.C 552(b) andT5 CFR 9 Sal of NRC Regulations,

1. The wthheld information a property classifed pursuant to Enocutive Order 1S56 (EXEMPTION 1)

2. The withheld information relates solely to the Intemal personnel rules and procedures of NRC (EXEMPTION 21

3. The wrthheld information a specifically esempted from public disclosure by statute indicated. (EXEMPTION 3)

< Section 1411a6 of the Atomic Energy Act which prohibits the declosure of Restncted Data'or Formerty Restncted Data 142 U.S C. 21612165L Secuan 147 of the Atomic Energy Act which prohibits the disclosure of Unclasstfeed Safeguards informaton 142 U.S C. 2167L

4. The wthheld mformaten is a trade secret or commercial or financial mformation that is be*ng withheid for the reason (s) indicated: (EXEMPTICN 4)

The information a considered to be confidential buseness (propretary) informatiort i The informaten a considered to be proprietary information pursuant to 10 CFR 2.790idHI).

l s.. The information was submetted and received in confidence from a forsegn source pursuant to 10 CFR 2.790id42).

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6. The withheld eformation consar,ts of interagency or intraagency records that are not available through decovery dunng Irtigation. Declosure of predeceional informaten would tend to inhibst the open and frank exchange of ideas essential to the deliberative process. Where records are wthheld in their ent:rety, the facts are inextncably intertwined with the predeceional informaton. There also are no reasonabiv segregable factaal portens be:ause the re4 ease of the facts would permit en indirect enquiry mto the predecesonal process of the egency. (EXENIPTION bl 6 The withheld information a exempted from public declosure because its disclosure would result in a csearty unwarranted invesion of personal pnvecy. IEXEMPTION 61

7. The withheld information consists of investigatory records compiled for law enforcement purposes and a being withhe6d for the reason (s) indicated. (EXEMPTION 7)

Disclosure wou6d interfere with an enforcement proceedmg because it could reveal the scope, directen, and focus of enforcement efforts, and thus Could possibly allow them to take acton to sheeld potential wrongdoing or a violation of NRC requirements from evestigators. (EXEMPTION 7(All Disclosure would constituse an unwarranted invasion of personal pnvacy (EXEMPTION 7(Cl) j i

The information consists of names of individuals and other information the disclosure of which would revealidentmas of confidential sources. (EXEMPTION 7(DH PART 11 C-OENYING OFFICI ALS Pursusnt to 10 CFR 9.9 and /or 9.15 of ttw U S. Nuclear Regulatory Commasion regulatons, it has been determmed that the information withheld is enempt from producten or disclosure, and that its producten or declosure as contrary to the public interest. The persons responsible for the denial are those orficials identifed below as denying officals and the Director, Divsion of Rules and Recorda, Office of Adminstration, for any denials that may be appealed to the Executive Director for Operations IEDOL DENYlNG OFFICIAL , , , TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL f 1 MMM QQ( m . SECRETARY FDO dom C. .

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PART 11 D- APPEAL RIGt4TS The denial by each denying official identified in Part ILC 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 respanse, Appeals must be addressed as appropriate to the Executive Director for Operations or to ths Secretary of the Commission. U.S. Nuclear Regulatory Commission, Washington, DC 20556, and should clearly state on the envelope and in the letter that it is an " Appeal from en initial FOIA Decision." a solte Fow as4 iP.ri al U.S. NUCLEAR REGULATORY COMMISSION tsa FOIA RESPONSE CONTINUATION

Re: F01A-87-359 APPENDIX B DOCUMENTS BEING PLACED IN THE PDR

1. 1/1/84 Field Policy Manual-No. 4 - Response to Private Litigants and State Agencies Seeking Testimony. (2 pages) l l

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Re: F01A-87-359 APPENDIX C DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY (PURSUANT TO EXEMPTION 5)

1. 3/15/85 Vote Sheet of Chairman Palladino en SECY-85-102. (1 page)

2. 4/3/85 Vote Sheet of Commissioner Asselstine on SECY-85-102. (1 page)

3. 4/4/85 Vote Sheet of Com. Zech on SECY-85-102. (2 pages) j 4. 4/5/85 Vote Sheet of Comm. Roberts on SECY-85-102. (1 p ge)

5. 4/10/85 Vote Sheet of Com. Bernthal on SECY-85-102. I

6. 4/12/85 Staff Requirements Memorandum from Hoyle to Chairman Palladino and Commissioners re SECY-85-102 with copy of memo dated 4/18/85 from Hoyle to Briggs, subject:

SECY-85-102 - Procedures to be Followed When a Subpoena or j Other Demand for Disclosure of Records or Information is Sought from Present or Former Employees. (6 pages) ]

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7. 6/17/85 Vote Sheet of Com. Asselstine on SECY-85-102A. (1 page)

8. 6/18/85 Internal office memo from the Legal Assistant to Comission Zech on SECY-85-102A. (1 page)

9. 6/18/85 Note to Comm. Bernthal from Steve Schinki,. subject:

SECY-85-102. (2 pages)

10. 6/19/85 Vote Sheet of Com. Zech on SECY-85-102A. (1 page)

11. 6/25/85 Vote Sheet of Comm. Bernthal on SECY-85-102A. (2 pages) 12, 6/26/85 Vote Sheet of Com. Roberts on SECY-85-102A. (1 page) l

13. 7/2/85 Vote Sheet of Chairman Palladino on SECY-85-102A.

14. 8/2/85 Memo from Chilk to Plaine, subject: Staff Requirements -

SECY-85-102A. (1 page)

15. 8/5/85 Memo from Chilk to Dircks, subject: Procedures for Debriefing Employees Terminating Employment with NRC Who Have Had Access to Classified or Sensitive Information.

(Ref: SECY-85-102A). (1 page)

16. 8/12/85 Vote Sheet of Com. Zech on SECY-85-102B. (1 page)

Re: F01A-87-359 APPENDIX C DOCUMENTS BEING WITHHELD IN.THEIR ENTIRETY (PURSUANT TO EXEMPTION 5)

(Continued)

17. 8/13/85 Vote Sheet of Com. Bernthal on SECY-85-102B, (1 page)

18. 8/15/85 Yote Sheet of Com. Roberts on SECY-85-102B. (1 page)

19. 8/19/85 Vote Sheet of Chairman Palladino on'SECY-85-1028._(1 page)

20. 9/3/85 Vote Sheet of Com. Asselstine on SECY-85-1028. (1 page) l l

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CON N ER & W ETTERH AIIN, P.C.

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M ARM J, WETTE h MA H N KO3 E;NT M . RA D E R Nita N NICMOLS se=EAno o secunoerta June 15, 1987 GODI 633 3900 Or COUNGEL C ARLE ADDRESS ATOMI. AW FREEDOM OF INFORMATION ACT REQUEST FREEDOM OF INFORMAT10t(

Mrs. Patricia G. Norry ACIREQUESI .

c f Administration F ZA ~8 7' .5f United States Nuclear Regulatory Commission G# f , b-/ [ -M)

Washington, D.C. 2055.'

Dear Mrs. Norry:

l Pursuant to the Freedom of Information Act, I hereby request that you provide me with any documents underlying the Commission's issuance of a final rule concerning'"Proce-dures for Production or Disclosure of Records or Information in Response to Subpoenas or Demands of Courts or Other Authorities," published in the Federal Register on September 17, 1985 (50 Fed. Reg. 37642), as corrected on October 3, 1985 (50 Fed. Reg. 40329). This request includes but is not limited to SECY-85-107, SECY-85-102A, SECY-85-102B and any other SECY papers, either in draf t or final form, studies, memoranda or other documents relating to the proposal. This request excludes all documents previously made available in response to FOIA 84-585.

I I I agree to pay all reasonable fees necessary for the provision of these records pursuant to 10 C.F.R. 59.14.

Sincerely,

/

Mark J. Wetterhahn

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