ML20245C391

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Final Response to FOIA Request for SECY-86-164, Proposed Rule on Important-to-Safety Issue. App a Document Completely Withheld (Ref FOIA Exemption 5)
ML20245C391
Person / Time
Issue date: 10/29/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Gorman K
AFFILIATION NOT ASSIGNED
References
FOIA-87-595 NUDOCS 8711030040
Download: ML20245C391 (3)


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Fe S. RESPONSE TO FREEDOM OF

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INFORMATION ACT (FOlA) REQUEST

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PART 1.-RECORDS RELEASED OR NOT LOCATED (See checkad boxes)

No agency records subpect to the request have been located No addrtenal agency records subject to the request have been located A 0ency records subpect to the request that are ident#ied in Appende are already available for public inspecten and copybg b Wie NRC Public Document Room,

! 1717 H Street, N W., Washsngton, DC.

Agency records subject to the request that are u$antifed in Appends are being made available for public inspectaon and copyrig in the NRC Public Document Room,1717 H Street, N.W, Washington, DC, in a folder under tus FOiA number and requester name.

The nonproprietary verson of the proposaHs) that you agreed to accaca in a telephone conversation wrth a member of my staff is now besng rnede aveamble for public inspection and coying at the NRC Public Document Room,1717 H Street, % W . Washington, DC, in a fonder under thes FOIA number and requester norre.

Enclosed is inforrnston on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., WasNngton, DC.

Agency records sublect to the request are enclosed. Any applicaces charge for copies of the records provided and payment procedures aso noted an the comments secton, Records subject to the request have been referred to another Federal agencybesi for review and direct response to you.

In view of NRC's response to the request, no further acton is bang taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE

'Certain informaton in the requested records is being withheld fnri ptblic declosure pursuant to the FOIA exemptons described in and for the reasons stated in Part 11 see-tions B, C, and D. Any released portons of the documents for which only part of the record is being withheld are being made availatJe for putsc inspecton and copying in the NRC Pubhc Document Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name, k

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8711030040 871029 PDR FOIA GORMAN87-595 PDR 1

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBER (S)

DATE- bb PART ti.8- APPLICABLE [OIA EXEMPTIONS Rico ds sub ct to the request that are desenbed in the enclosed Appendices - are being wrthheld in their enterety or in part under FOIA j Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 5'ai of NRC Regulations.

1. The uthheld mformanon a property class 4 fed pursuant to Executive Order 12356 (EXEMPTION 16
2. The withheld irtformoson relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 21
3. The withheld anformoson a specifically esempted frorn pubic d;sclosure by statute indicated: IEXEMPTION 3) l

' Secten 141146 of h Atomic Energy Act which prohibrts the declosure of Restrcted Data or F<rmerty Restricted Data 142 U.S.C. 21612186).

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I Section 147 of the Atorrec Energy Act wNch proNtxts the disclosure of Unclassified Safeguarde informaton (42 U.S.C. 2167).

4. The withheld informenon a a trade secret or commercial or financial information that is being withheed for the reason (s) indicated: (EXEMPTION 4)

The information s conesdered to be confidential busmess (proprietary) information.

5 The informaten is conendered to be propnetary infor naten pursuant to 10 CFR 2.790tdH1).

The informaton mes subrnetted and received in confidence from a 1> reign source pursuant to 10 CFR 2.790tdH2).

5. The withheld informenon conessts of interagency or intraagency records that are not available through decovery d?itig litigation. Declosure of predecisional informaton would tend to inNbst eie open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextncably i intertwined with the prenser==nnel informeten. There also are no reasonably esgregable fartual portens because the reisees of the facts would permit an indwect inquiry into sie r_ - >al process of the agency. (EXEMPTION N

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6. The w6thheld informeer;n is exerrpted from public declosure because its disclosure would result in a dearty unwarranted invasion of personal privacy. (EXEMPTION 61
7. The withheld informenon conssts of investigatory records compiled for law enforcement purposes and is being withheld for the reason (s, indicated. (EXEMPTION 7)

Osclosure would emerfore with an enSrcement proceedwig because it could reveal the scope, drecten, an1 focus of enforcement efforts, and thus could posesbly allow them to take action to shield potential wrongdoing or a violation of NRC recurements from investigators. IEXEMPTION 7(AI) s Onclosure would conseeute an unwarranted invasion of personal privacy (EXEMPTION 7tCH s The information carents of names of individuals and other information the disclosure of which wou6d reveal identities of confidential sources. (EXEMPTION 7(DD i

PART ll.C-DENYING OFFICIALS Pursuer i to 10 CFR 9 9 and 'or 9.15 of the U.S. Nuclear Regulatory Commesion regulations, it has been dwomwied that the information withhs4d is exempt from production or rear 4n= ==

and that its production or deciosure is contrary to the pedic interest. The oorsons responsible for the denial are those officials identrfed be'ow as denying officials and the Direcer.

Division of Rulos and Records. Ogico of Administration, for any denials that may be appealed to the Execueve Drector for Operations (Eool. l DENYING OFFICIAL ,. ,

TITLE / OFFICE RECORDS DEN 1EO APPELLATE OFFICIAL

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s 9 11 PART ll D- APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Officialidentified 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 Director for Operations or to the Secretary of the Commession, 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."

sutc Foaa aos iPen a U.S. NUCLEAR REGULATORY COMMISSON is es> FOIA RESPONSE CONTINUATION

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APPENDIX RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION

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