ML20244B391
| ML20244B391 | |
| Person / Time | |
|---|---|
| Issue date: | 06/09/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Felton J NUCLEAR LICENSING REPORTS |
| References | |
| FOIA-89-178, FOIA-89-198 NUDOCS 8906130094 | |
| Download: ML20244B391 (3) | |
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U;S. NUCLEAR GULATORY COMMISSION mnu oia at out 31 wuwet ms>
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RESPONS TO FREEDOM OF
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I' INFORMATION ACT (FOIA) REQUEST
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DOC.sE1 feUMBEftiSI fit appksofer REQUE.SitR Joseph M. Felton PART 4.- AGENCY RECORDS RELEASED OR NOT LOCATED ISee checked boxes)
No agency records sub ect to the request have been located.
t No addrtional egency records subsect to the request have been located Requested records are available through another pubhc distribution program. See Comments Secten, Agency records subleC1 to the request that are 16ent feed on Appendatesi are already available fce publec mspection and copymg en the NRC Pubhc Document Room 2120 L Street, N W.. Washington. DC 20555 Agency records subject to the request that are adentified on Appendiatest are bemg made available for pubhc especteon and Copying in the NRC Pubhc Document Room. 2120 L Street. N W., Washmgton. DC, m a folder under thin FOIA number and requester name.
The nonproprietary version of the proposal (s'. that you agreed to accept m a telephone conversation with a member of my staff sa now bemg made available for pubhc inspection and copying at the NRC Public Document Room 2120 L Street, N W., Washington. DC, in a folder undes this FOIA number and requester name.
Agency records subsect to the request that are scentifiedon Appendimies may be inspected and copied at the NRC Local Pubhc Documer t Room edentdied in the Comments Secteon.
Enclosed is information on how you may obtain access to and the charges for copying records placed en the NRC Pubhc Document Room. 2120 L Street. N W.
Washmgton, DC.
Agency records subpect to the request are encloeed.
Records subject to the request have been referred to another Federal agencybest for review and detect response to you.
You will be billed by the NRC for fees totahng 6 in view of NRC's response to this request, no further action is being taken on appealletter dated No PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE' Cartain information m the requested records es bemg withheld from psbhc disclosure pursuant to the esemptions desenbed en and for the reasons stated en Part !?.
sections B. C. and D Any released portions of the documents for which only part of the secord es being *sthheid aa being made available for pubhc enspecten and copying m the NRC Pubhc Document Room,2120 L Street, N.W-. Washmgton, DC. m a folder undes this FOIA number and requester name COMMENTS We have combined our response to your two requests as noted above since they cover the identical subject.
SIGN
, DIRECTO VISION REEDOM OF INFORMATION AND PUBLICATIONS SERVICES 4
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8906130094 890609 PDR FOIA FELTON89-178 PDR
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l4: FREEDOM OF INFORMATION ACT RESPONSE FolA NUMBER (St FOlA 178 & 89-198DATLOhk - Q jQgg PART 18.8-APPLICABLE EXEMPTIONS Ricords subject to the request that are described on the enclosed Appendix (est A are being withheld in their entirety or in part under tha (Nmptsns snd for the,reasont ::t 5@ **l% pursuant to 5 U S C 55?8bt and 10 CFR 917(a) of NRC Regulations s
- 1. The withheld mformation is properly classifeed pursuant to Execut ve Order tEXEMPTION 16 '
- 2. The withheld mformation talates solisly to the wornal personnel rules and procedures of NRC, (EXEMPTION 2)
- 3. The withheld informaton es specifically enempted from public disclosure by statute mdcated. (EXEMPTION 31 Sectens 141 145of the Atomec Energy Act whch prohibits the disclosuie of Restricted Data or Formerly Restected Data 142 U S C. 21612165)
Section 147 of the Atomic Energ, Act which prohibits the disclosure of Unclassified Safeguards informaten 142 U S C. 21671.
- 4. The withheld mforriatson is a trat, nor; ret or commerci:sor financial mformation that is being withheld for the reason (s) md cated (EXEMPTION di The information *s considered to be confidential busmess (popnetaryl mformateon.
The information as considered to be propnetary information pursuant to 10 CFR 2390(dH1).
j The inforrnation was subrmtred and recewed in confidence pursuant to 10 CFR 2.7DOldH2).
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- 6. The withhtks information consists of interagency or mtraegency records that are not available through discovery
.tegaten (EXEMPTION 5) Applicable Privilege:
d Delibersten Process: Disclosure of predecisiona! informaten would tend to intubit the open and frank eacfkange of ideas essential to the deliberstwe process.
Where records are withheld e> their entirety, the f acts are menticably entertained with the predecisenal erk ' nation There also are no reasonably segryable factual XX portens because the release of the facts would permit an indirect mouiry mto the predecisional process of the agency.
Attomey work-product pnvilege (Documents prepared by an attorney m enntemplation of let.gation 1 Attorney-client pnvilege (Confidential communications between an aitorney and tus her client i
- 6. The withheld information is exempted from puberc disclosure because it. disclosure would result m a clearly unwarranted mvasen of personal pnvecy IEXEMPTION 6)
- 7. The withheld mformation consists of records compiled for law enforcement purposes and is being wrthheld for the reasontsi mdicated. (EXEMPTION 78 Disclosure could reasonably be espected to anterfere with an enforcement proceedag because et could seveal the scope. derecteon. and focus of en-forcement ef forts. and thus could possibly allow them to take ac teon to sheid potential wrongdoing or a violaten of NRC requeremer'ts from mvestigators EXEMPTION 7 (AH Disclosure would constitute an unwarranted mvesen of personal pnvecy (EXEMPTIOf 7tCil The mformation cons'sts of namen of mdwidua4 und other mformation the disclosure of which could reasonaba, be enoected to reveal identities of confidential sources tExEMPTION 7 IDu OTHER -
PART N. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25fb) andror 9 25 tc) of the U S Nuclear Regulatory Commiss.on regulations. et has been determined that the mformation withheld is esempt from production of disclosure, and that tts prDductio6. or disclosure as contrary to the pubhC interebt The persor s responsible for the denial are those offeials identified below as denying offcials and the Dwector. Dwision of Freedom of informaton and Pubhcations Services Office of Admmestration and Resources Management. for any denials that may be appepted to the E mecut've Director for Opersoons if D01 DENYtNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SE CREi_A_RY EDO l
Robert Bernero Director N'iSS A/1 X
s PART 11. D-APPEAL RIGHTS The denial by each denying officialidentifed en Part il C may be appealed to the Appellate Officialidentified in that secten. Any such appeal must be in writing and must be m2de withm 30 days of receipt of ttus response Appeals must be addressed as appropnate to the Executwe Dnector for Operatens or to the Secretary of the Commission.
U.S. Nuc. ear Regulatory Commissen. Washmgton. DC 20555. and should cisarly state on the envelope and in the lettet that it is an " Appest from en initial FOIA Decison."
NRC FORM 464 (Part 2)
U.S. NUCLEAR REGULATORY COMMIS$lON FOlA RESPONSE CONTINUATION
1 Re: FOIA.89-178 & F01A-89-198 APPENDIX A
RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION 1.
Undated Draft letter from John J. Linehan to Ralnh Stein, 00E, subject:
April 14,1989, 'ieeting to Discuss Amendnents to 10 CFR oart 61 Regardina the Disposal of Greater-Than-Class-C Haste, with a ttachments.
(10 oages) Exenntion 5
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