ML20244B576
| ML20244B576 | |
| Person / Time | |
|---|---|
| Issue date: | 04/14/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Mullings V INTERNATIONAL COMPUTERS & TELECOMMUNICATIONS, INC. |
| References | |
| FOIA-89-115 NUDOCS 8904190276 | |
| Download: ML20244B576 (3) | |
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b-U.S. NUCLEAR REGULATORY COMMISSION NRC FOiA REQUEST NUMBER;$p FOIA - f9-M ysg 1
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i RESPONSE TO FREEDOM OF y$^"baat l l Pmiat INFORMATION ACT (FOIA) REQUEST
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APR 14 tuo DOCKET NUMBERIS) W epphcetwer l
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J VA 6 PART i.- AGEN'CY' RECORDS RE/ EASED OR NOT LOCATED (See checked boxes) l No agency records subsect to the request have been located.
No additional agency records subject to the request have been located, Requested records are available through another public distnbution program. Sse Comments Section.
l Agency records subsect to the request that are identifeed on Appendextes) are already available for pubhc inspection and copying in the NRC Public Document Room 2120 L Street, N.W., Washington, DC 20555 l
/4gency records subsect to the request that are identified on Appendistesi are being made available for public inspection and copying in the NRC Public Document Room, 2120 L Street, N W.. Washington. DC in a folder under this FOiA number and requester name.
l The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staf f is now being made available for pubhc inspection and copying at the NRC Public Document Room 2120 L Street, N.W., Washingtnr., DC, in a folder undei this FOIA number and requester name.
Agency records subject to the request that are identified on Appendix (es) may be inspected and copied at the NRC Local Pubhc Document Room identified l in the Comments Section.
j Enclosed es information on how you may obtain access to and the charges for copying records placed in the NRC Pubhc Document Room. 2120 L Street. N W.,
l Washington, DC.
Agency records subject to the request are enclosed.
l Records subject to the request have been referred to another Federal agencybes) for review and direct response to you.
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You will be billed by the NRC for fees totaling $
l In view of NRC's response to this request, no further action is being taken on appeal letter dated No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from pubhc disclosure pursuant to the exemptions described in and for the reasons stated in Part II.
l sections 0, C. and D. Any released portions of the documents for which only part of the record is being withheld are being made available for pubhc inspection l
Copying in the NRC Pubhc Document Room. 2120 L Street N.W., Washngton. DC in a folder under this FOI A number and requester name I
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St ATURE, DIRECT DIVISIO FR$EDOM OF INFORMATION AND PUBLICATIONS SERVICES AW o ah
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FOIA - y9. af FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBER (S):
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PART li.8-APPLICABLE EXEMPTIONS
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APR 14 WO3 Rhcords subject to the request that are described on the enclosed Appendix (es) are beir g withheld in their entirety or its part und5r the Extrnptions and for the reasons set forth below pursuant to 5 U.S.C. 552tb) and 10 CFR 9.171al c F NRC Regulations.
- 1. The withheld information is properly classified pursuant to Executive Oeder (EXEMPTION 1)
- 2. The withheld information relates solely to the intamal personnel rules and procedures of NRC. (EXEMPflON 2)
- 3. The withheld information is specifically exempted from public disclosure by statute indicated. (EXEnlPTION 3)
Sections 141 145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerly Restncted Data (42 U S C. 21612165l Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information (42 U S C. 216?)
- 4. The withheld information is a trade secret or commercial or financial information that is being withi. eld for the reason (s) indicated: (EXEMPTION 4)
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The information is considered to be confidential busmess (propnetary) mformation.
The information is considered to be proprietary information pursuant to 10 CFR 2.790(d)(1).
The information was submrtted and received in confidence pursuant to 10 CFR 2.790(dil2).
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- 5. The withheld information consists of interagency or intraagency records that are r ot available through discovery due ng htigation IExEMPTION 5). Applicable Prmlege:
Deliberative Process: Disclosure of predecisional mformation would tend to mhebet the open and frank exchange of edeas essential to the deliberative process.
Where records are withheld m their entirety, the f acts are ene Atticably intertwined with the predecisional mformation. There also are no reasonably segregable f actual portions because the release of the f acts would permit an indirect inquiry mto the predecisional process of the agency Attorney work product prmlege IDocuments prepared by an attorney in contemplation of litigation i Attorney-chent pnvilege (Confidential communications between an attorney and his her chent )
- 6. The withheld information is exempted from pubhc disclosure because its disclosure would result m a clearly unwarranted mvasion of personal pnvecy. (EXEMPTION 6)
- 7. Tha withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7)
Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could reveal the scope. duection, and focus of en.
forcement of fort s. and thus could possibly allow them to take action to shield potential wrongdoing or a violation oi NRC requirements f rom investigators EXEMPTION 7 ( AH Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7(Cl)
The information consists of names of individuals and other mformation the disclosure of which could reasonably be emoected to revealidentitles of confidential sources IEXEMPTION 7 (01)
OTHER PART If. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b) and<or 9 25 Ici of the U S Nuclear Regulatory Commission regulations. it has been determined that the information withheld is exempt from production or desclosure. and that its production or disclosure is contrary to the pubhc mterest The persons responsible for the denial are those of ficials identified below as denying officials and the Dwector. Division of Freedom of Information aad Publications Services. Of fice of Admmistration and Resources Management. for any denials that may be appepled to the Executive Director for Operations (EDOi DENYING OFFICIAL TITLE / OFFICE RECORDS DENIEO APPELLATE OFFICIAL SECRETARY EDO b
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PART 11. D-APPEAL RIGHTS o
1 The denial by each denying officialidentified in Part ll 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 Dwector for Operations of to the Secretary of the Commission.
U.S. Nuclear Regulatory Commission. Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."
NRC FORM 464 (Part 2)
U.S. NUCLEAR REGULATORY COMMISSION i
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FOIA RESPONSE CONTINUATION l
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APPENDIX j _
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RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION I
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