ML20244B765
| ML20244B765 | |
| Person / Time | |
|---|---|
| Issue date: | 04/14/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Darke J AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20244B767 | List: |
| References | |
| FOIA-89-126 SECY-87-228, NUDOCS 8904190400 | |
| Download: ML20244B765 (3) | |
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j INFORMATION ACT (FOIA) REQUES}
%.eee// APR 141989 1 DOCKET NUMBEHt$) rir apphcatWel HEOVEST ER l John Darke PART l.- AGENCY RECORDS RELEASED OR NOT LOCATED ISee checked boxes 1 No agency records subtect to the request have been located.
No additional agency records subject to the request have been located.
RIquested records are available through another puolic distribution program. See Comments Section.
Agency records subject to the request that are identified on Appendiales> A are aiready avasiabie for pubiec inspection and copying in the X NRC Public Document Room 2120 L Street, N.W.. Washington, DC 20555.
Agency records subject to the request that are identified on Appendiales) 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 FOlA number and requester name.
The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and copying at the NRC Pubisc Document Room 2 t20 L Street, N W., Washington. DC, in a folder undes this FOIA number and requester name Agency records subject to the request that are identified on Appendiates) may be inspected and copied at the NRC Local Public Document Room identifitrd in the Comments Section.
Enclosed is information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room. 2 f 20 L Street. N.W.,
XX wasning,on. DC.
Q Agency records subgect to the request are enclosed.
Rxcords subject to the request have been referred to another Federal agencybes) for review and direct response to you You will be billed by the NRC for fees totaling $
in view of NRC's response to this request, no further action is being taken on appeal letter dated . No. I PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from publK disclosure pursuant to the esempt6cns described in and for the reasons stated in Part 11 s3ctions B, C, and D. Any released porteons of the documents for which only part of the record is being withheld are being made available for public inspect.on and XX copying in the NRC Public Document Room. 2120 L Street. N.W., Washington, DC in a folder under thes FOI A number and requester name.
1 COMMENTS .i l
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8904190400 FOIA 890414 PDR PDR DARKEB9-126 SIGN E. DIRECTOR, D V ION OF DOM OF INFORMATION AND PUBLICATIONS SERVICES k'*L4 V f AMA1 -
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REEDOM OF INFORMATION'ACIRESPONSE FOIA NUMBERISr FOIA 126 DATE. h ,, , j gng9 N n *' '"
PART II 8- APPLICABLE EXEMPTIONS
.RTeords subject to the request that are described on the enclosed Appendixies) are being withheld in their entirety or in part under the I Exernptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(a) of NRC Regulations, i
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- 1. The withheld information is properly classified pursuant to Executive Order (EXEMPTION II l
- 2. The withheld information relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2)
- 3. The withheld information is specifically exempted from public disclosure by statute indicated: (EXEMPTION 3) l Sections 141 145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerly Restncted Data 142 U.S C. 216121651.
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l Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information (42 U.S C. 2167).
4 The withheld information is a trade secret or commercial or financial information that is being withheld for the reasontsi mdicated. (EXEMPTION 4) l l
The information is considered to be confidential business (proprietary) information.
The information is considered to be propnetary information pursuant to 10 CFR 2.790(dHIL j The information was submrtted and received in confidence pursuant to 10 CFR 2 790tdH2). l
- 5. The withheld information consists of mteragency or mtraagency records that are not available through discovery during htigatiori (EXEMPTION 51. Apphcable Pnvilege:
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Deliberative Process: Disclosure of predecisional mformation would tend to inhibit the open and frank enchange of ideas essential to the deliberative process. !
Where records are withheld in their entirety, the f acts are meatncably intertwined with the predecisionalinformation There also are no reasonably segregable f actual Q portions because the release of the f acts would permit an indirect mquiry mto the predecisional process of the agtrncy.
Attorney work product pnvilege. (Documents prepared by an attorriey in contemplation of letigation I g Attorney -chent privilege IConfidentral communications between an attorney and his her client )
6, The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy (EXEMPTION 6) l
- 7. The withheld information consists of records compiled for law enforcement purposes and is bemg withheld for the reasontsi mdicated. (EXEMPTION 7)
Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could teveal the scope. direction, and focus of en-forcement ef forts, and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators j EXEMPTION 7 (AH Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7(Cl) l l
i The information consists of names of individuals and other information the desclosure of which could reasonably be exoected to revealidentities of confidential sources (EXEMPTION 7 (Du f
OTHER PART lt. 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 enempt from production or disclosure and that its production or disclosure is contrary to the public mterest The persons responsible for the denial are those of ficials identified below as denying of ficials and the Director. Division of Freedom of Information and Pubhcations Services. Of fece of Administration and Resources Management. for any densais that may be appepled to the Executive Director for Opeestions (EDO: j DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL j SECRETARY EDO i John C. Hoyle Assistant Secretary of the Comm. A/1, A/S TC i
l PART 11. D- APPEAL RIGHTS The denial by each denying officialidentsfied in Part 11 C may be appealed to the Appellate Official identified in that section. Any such appeal must be in wnting and must be made within 30 days of receipt of this response. Appeals must be addressed as appropnate 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 the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."
l NRC FORM 464 (Part 2) U.S. NUCLEAR REGULATORY COMMISSION l
"**' FOIA RESPONSE CONTINUATION i
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1 Re: F01A-89-126 1
APPENDIX A RECORDS ALREADY IN THE PDR, OR BEING WITHHELD IN WHOLE OR IN PART
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- 1. 9/11/87 SECY-87-228, entitled, " Request for Hearing by Atlas Corporation on Denial of Its Application to Renew its Source Materials License," (4 pgs), being withheld in part, '
pursuant to Exemption 5, with attachments:
- 2. 7/31/87 Attachment A: Letter from Robert D. Martin to Richard Weaver. In PDR, Accession No. 8708260188. (12 pages)
- 3. 8/27/87 Attachment B: Letter from Ramsay Potts to Robert Martin. In PDR, Accession No. 8710050263. (9 pages)
- 4. 5/21/87 Attachment C: Proposed Rule: 10 CFR Part 2 - Informal Hearing Procedures for Materials Licensing Adjudications.
Published in Federal Register at 52 FR 20069, May 28, 1987. 4
- 5. Undated Attachment D: Draf t Order. (3 pages) Being withheld in entirety, pursuant to Exemption 5.
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