ML20238E356

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Final Response to FOIA Request for Documents.Forwards App a Documents.App a Documents Also Available in Pdr.App a & C Documents Partially & Completely Withheld (Ref FOIA Exemption 5),respectively
ML20238E356
Person / Time
Issue date: 09/10/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Potter J
NUCLEAR LICENSING REPORTS
Shared Package
ML20238E358 List:
References
FOIA-87-402 SECY-86-144, SECY-86-265, NUDOCS 8709140293
Download: ML20238E356 (4)
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U.S. NUCLEAR REGULATORY COMMtSSION hac toiA neoutst wuusuus san

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I l""^' l INFORMATION ACT (FOIA) REQUEST ggp g g ggg7 DOCKET NuMBERisi str ap/wa6es b, A O Cr PART l.-RECORDS RELEASED OR NOT LOCATED (See checkad bones)

No agency records subsect to the sequest have been located.

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

Agency records subtect to the request that are identified in Appendix are already avadabie for pubhc inspection and copying in the NRC Public Document Room, 1/17 H Street, N.W., Washegton, DC.

Agency records subpect to the rocasest that are identifed in Appendin A are being rnade available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washmoton, DC, in a folder under this FOIA number and requester name.

The nonproprietary verseon of the proposal (s) that you agreed to accept in a teisphone conversation with a member of my staff is now being rnade avalab6e for public rupectson and coying at the NRC Pubhc Docaament Room,1717 H Street, N W., Washington, DC, in a folder under thes FOtA number and requester name.

Enclosed is information on how you may obtain eccess to and the charges for copying records placed m the NRC Pubhc Document Room,1717 H Street, N.W., Washington, DC.

Agency records subrect to the ressest are enclosed. Any applicable charge for copies of the records provided and payement procedures are noted in the comments section.

Records subject to the request home been referred to another Federal agencyhos) for revew and cirect response to you, in view of NRC's response to the request, no further action is being taken on appeal letter dated PART li.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certam snfometion in the roeiessed records is being withheld from public disclosure pursuant to the FOIA exemptions described in and for the reasons stated m Part 11. .sec- I

/ tsote B. C. and D. Any released portions of the documents for which only part of the record a bosng methhe6d are besng made sveilable for public inspectson and copyrg in the NRC Public Docurrent Room.1717 H Street, N.W., Wachmgton, DC, in a folder under this FOIA number and requester narne. ,

I Comments I g 'g O Od hit et y I { C W M W ID Q C, a A eid,xwa x ye. h m e god; J & Aych A do=4s j% held N i** AmHMP, l ye w 3uck t w h 7bR N )

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8709140293 870910 PDR FOIA ,

PDTTER87-402 PDR l

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SF A 1RE, DIRECTOR, D I ON OFRU 9ANDHECORDS  :

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NRC FORM e4 (Part 1) to een ,

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NEEDOM OF INFORMATl'ON ACT RESPONSE -

FOIA NUMBERtSI: Fold' N - h 02 DATE: '

PART 518- APPLICABLE FOIA EXEMPTIONS

' Records subject to the request that are described in the encioned Appendices - are beeng withheld in their entrety or in part under FOIA -

Esemptions and for the reasono set forth below pursuant to 5 U.S.C. 562(b) and 10 CFR 9.5(a) of NRC Regulations.

t. The withheld 6ntormanon is property classified pursuant to Emacwve Order 12356 (EXEMPTION 11
2. The withheld inferrnation relates ahialy to the internal personr,er 'utes and procedures of NRC. (EXEMPTION 2)
3. The withheio information is specifically exempted from putk oisclosure by statute indicated: (EXEMPTION 3)

Secten 141145 of the Atornic Erergy Act which pr6nibes the dsclosure of Restncted Data'or Formerty Rest cted Oata (42 U.S C. 21612165).

N

, Section 147 of the Atomic Energy Act which prohibits the declosure of Unclassified Safeguards informenon 42 U S.C. 2167).

4. The withheld information is a trade secret or commercial or tracal informaten that ,s being withheld for the esason(s) indicated: (EXEMPTION 4)

The informatiori is conssiered to be confidential business fprt:ipretary) information.

y.y 5 The information is considered to be propnetary informauan susuant to 10 CFR 2.790(dH1).

The information was submitted and received in confidence t'om a foreign source pursuant to 10 CFR 2.790td42).

6. The withheld information consists of interagency or intraagenc) records that are not availat9e through decovery during litigation. DN ne of predecisional information would tend to inhibit the open and frank exchange of ideas essental to the deliberative process. Where records are withheld in ther entirwry the facts are inextncably X intertwmed with the predeciemnal information, There also are no rossonably_ segregable factua. portions because the reisese of the facts would permit an mdirect inquiry into the predeciosonal process of the agency. EEAIMPTION W
6. The w6thheld information is enempted from public dociosure becausa its drsclosure would result in a clearty unwananted 'nvasen of personal privacy. (EXEMPTION 61
7. The withheld information corwsts of Investigatory records comcilled for law enforcement purposes and is being arthheld for the reasontst ndicated. 4 EXEMPTION 7)

Declosure would interfere wrth en enforcement iroceeding bec.ause it could reveal the scope, directen, and incus of enforcement efforts and thus could e

possely allow them to take action to shold potental wrongsmng or a violation of NRC requkements from arvestigators. (EXEMPTION 7(A))

f Disclosure would constitute an unwarranted invasion of perscmal pnvecy (EXEMPTION 7lC))

The information consets of names of individuals and otrer rdormation the disclosure of which would rirvoal aientities of confidermal sources. (EXEMPTIGN 7(DI)

PART ll.C-DENYlNG OFFICIALS Pursuant to 10 CFR 9.9 and/or 9,15 of the U.S. Nuclear Regulatory Commasion regulatons, it has been determined that the reformation withheld a emernpt from production or declosure, end that its production or disclosure is cont'ary to the public interest. Tne persons responsibio for the denial are those o6cials identified below as denying officials and the Director, Divii;4on of Rules and Records, Office of Administration, for any durines that may be appealed to the Executive Director for Operations asoot DENYlNG OFFICIAL TITLE. 0F F<E RECORDS OWED APPELLATE OFFICIAL SECRETARY EDO b  %@ Y id DC b X b k ~Th ) //W e ,!Ai A03ga x 0

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% %k;maba a&l M bA M1(II PART 11 D- APPEALIRIGHTS

- Th3 denial by each denying oMcio) identified in Part lif rrwy be appealed to the Appellate Officiar identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of tha 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 tfe envelope and in'the letter that it is an " Appeal from an fnitial FOlA Decision." i ecc Foman ese leeri a U.S. NUCLEAR REGULATORY COMMISSION l ensi FOlA RESPONSE CONTINUATION t

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Re: F0IA _87 '402 i'  ;' -.. l APPENDIX g NUMBER' DATE DESCRIPTION

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  • 1.-

October 16,.1986, memorandum from Chilk to $tallo, re: SECY-86-265 -

Proposed Revision to NRC Policy Statement " Guidelines for NRC Review of. Agreement State Radiation C6ntrol Programs".(Withheld in Entirety under Ex. 5) 2.

January 7,1987, hote' from Jim Partlow, If to Richard E. Cunningham, 19455, et al. ; with SECY-86-317 as attachment. (Released - SECY-86-317 available in P 1*3. (a) - -12/30/86 memorandue from Chilk.to Stelle, re:

SECY 86-317 Performance Indicators (Withheld in part under Ex. 5)

(b) ,

"5/86 letter Zack Pate, INP0 to Chairman Zech (Released) i (e) Attachment 3 (date not clear) - Extract from INP0 Responses to I August 1986 Report Leadership in Achieving Operational Excellence '!

(Released) 1

.(f) E00 Action Ticket 002471, with 1/6/87 letter Congressa.an Markey to Chairman Zech (Outsiae scope of. request)

~ *10.(f) 10/16/86 memorandum from Chilk to Stello, re: $ECY 86-265 (Withheld in entirety under Ex. 5) '

  • 11. March re: 2,1987 memorandum from Cunningham and Partlow to Those on List, Results of Executive Seminar (Withheld in entirety under Ex. 5) i l

' *13. ' (c ) 5/18/87 memorar.dus Martin (RI) to $jobles re: Draft Inspection Procedure 89100, "Use of Performance Indicators to Identify Licensees for Enhanced Inspection / Attention", 5 pages.

(Withheld in entirety under Ex. 5) 1

  • 18. SCCY-86-144, from Victor Stello, Jr. to Commissioners dated May 5,1986,6 pages plus enclosure. (Withheld in part under Ex. 5) l
  • 19. l Memo to Victorpages Stello, Jr.enclosure.

. from SamuelChilk dated J*(Withheld in entirety .5) under Ex i

October 16,1986,'? plus I 29' SECY,86-265, PROPOSED REVISION TO NRC POLICY STATEMENT,

  • 9L'IDELINES F00 NRC REVIEW 0F AGREEMENT STATE RADIATION CONTROL PROGRAMS" (Withheld in part under Ex. 5)
  • 21. May 1,1987 memorandum from 5. Chilk to H. Denton transmitting staff requirements  ;

regarding SECY-87-65, Revision to NRC Policy Statement, ' Guidelines for NRC Review of Agreement State Radiation Control Programs" (Withheld in entirety under Ex. 5)

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Re: F 01 A-g7-402 APPEN0lX C RECORDS TOTALLY WITHHELO NUMBER DATE DESCRIPTION

'(All withheld under Exemption 5)

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1. Internal note to Chairman from Assistant on SECY-86-265 entitled " Proposed Revision to Policy Statement ' Guideline /

for NRC Review of Agreement State Radiation Control Programs,'" dated 9/30/86 -1 page

2. Chairman's Vote Sheet on SECY-86-265, dated 10/6/86

-1 page

3. Internal Note to Chairman from Assistant on SECY-87-65 entitled " Revision to NRC Policy Statement ' Guidelines for NRC Review of Agreement State Radiation Control Programs,': i dated 4/6/87 - 1 page
4. Chairman's Vote Sheet on SECY-87-65, dated 4/7/87 -1 page
5. Commissioner Roberts Vote Sheet on SECY-87 1 page ,
6. Commissioner Roberts Vote Sheet on SECY-86-265 1

lE Commissioner Bernthal's Vote on SECY-86-265 dated 10/14/87

-1 page

8. Note to Car Bernthal from Janet dated 10/10/86, subj:

SECY-87-265 -1 page

9. Car Bernthal's Vote Sheet on SECY-87-65 dated 4/13/87

- 1 page

10. Commissioner Carr's 4/1/87 Vote Sheet, Comments and Staff Comments on SECY-87 3 pages
11. Note from Jim Nilhoan to Steve Burns and Car Carr, 9/29/86, re: SFCY-86-265 -1 page i
12. Car Carr's 9/29/87 Notation Vote Sheet on SECY-86-265

-1 page

13. Memorandum dated October 16, 1987 from Samuel J. Chilk to Victor Stello subj: SECY-86-265-Proposed Revision to NRC Policy Statement " Guidelines for NRC Review of Agreement State Radiation Control Programs" - 2 pages
14. COMLZ-86-3 dated March 10, 1986 from Samuel Chilk to Victor I Stello subj: Performance Indicators - 14 pages I

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