ML20245C478

From kanterella
Jump to navigation Jump to search
Partial Response to FOIA Request for Records Re Hs Bellman. Forwards App a Document.Document Also Available in Pdr.App B Documents Totally Withheld (Ref FOIA Exemption 5)
ML20245C478
Person / Time
Issue date: 10/29/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Bauman L
GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20245C480 List:
References
FOIA-87-660 NUDOCS 8711030133
Download: ML20245C478 (4)


Text

_ _ _ - _ _ _ _ _ _ _

U.S. NUCLEAR REGULATORY COMMISSION Nac Foia asxist Nwstn<se u.

F01A-87-660 h,,

4tsest rvPs

^

i

'hESPONSE TO FREEDOM OF l '*'"

E l '^"'"

I

~

%* e 9

GCT 2 91987 INFORMATION ACT (FOIA) REQUEST g

ssee ooCner uu.iR15, v,,,,,

.ae, AGOutSTER Ms. Linda Bauman i

PART L-RECORDS RELEASED OR NOT LOCATED (See checked bones)

No egersy records subpect to the request have bem located.

No addruonal egency records subject to the request he=e been located.

Agency records subsect to the request that are identfed es Appendix are already evadable for public inspecton and copymg in the NRC Public Document Room, 1717 H Street, N,W., Washmgton, DC.

Agency recorde subject to the request that are iderdad e Appendix A

,,e be ng modo,veiiabie fo, pubiic,nepecton and copying in the NRC Public Docurnent Room,1717 H Street, N W., Washington, DC. In a toiner under the FOIA number and requester name.

The vmproprietary version of the proposal (s) that you agreed to accept in a telephone conversation wrth a member of my staff a now being made avalable for public irspecton and coying at the NRC Public Document Floom,1717 H Street, N W, Washington, DC, in a folder under the FOIA number and guester name.

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

Agency records subpect to the request are enclosed Am applicable charge for copies of the records provided and payment procedures are noted in the comments section.

R3 cords subpect to the request have been referred to armother Federal agencybest for review and direct response to you.

In view of NRC's esponse to the request, no furtter acnon as being taken on appeal 4tter dated PART m.A-INFORMATION WITHHELD FROM PUBLIC OlSCLO6URE Certain informatx>n in the requested records is berg worthheid from public declosure pursuant to the FOIA exemptions desenbad m and for the reasons stated in Part 11, sec.

y tions B, C, and D. Any released portions, of the occurments for which only part of the record is being withheld are being made available for public inspection and copyng in the NRC Public Document Room,1717 H Street, N W. Washington, DC, in a folder under the FOIA nuinber and requester narew.

Comments 8711030133 871029 PDR FOIA BAUMAN87-660 PDR A

Si

't. DIRECTOR. De i ON OF V AND RECORDS 1

A s

I NIC FORM 464 iPert H te esi

87-660 Dartg z m

' FREEDOM OF INFORMATION ACT RESPONSE FOLA WVBERrSI PART li.8-APPLICABLE FOIA EXEMPTIONS j

as

,eea j

Rscords subject to the request that are descnbed in the onclosed Appendices B

are being wttnheid in their enti,ety o, in pe,, unee, FOIA Exemptions and for the reasons set forth below pursuant to 5 U S.C. 5521bl and 10 CFR 9 5(a) of NRC Regulations.

1. The wthheed mformation s property classified pursuant to Executive Order 12356 ' EXEMPTION 1) 2 The wthheed snformaton redates so6ely to the infomal personnel rules and procedures of NRC. (EXEMPTION 2)
3. The wthheed information is specifically exempted from public disclosure by statute entscated: (EXEMPTION 3) l Secton 141145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data 'or Formerly Restricted Data 142 U.S C. 2161-21651.

Secten 147 of the Atornic Energy Act which prohituts the disclosure of Unclasstried Safeguards Information (42 U.S C. 2167).

4. The wthhead information is a trade secret or commercial or fmancial information that a being wthheld for the reason (s) indicated. (EXEMPTION 41 l

The informaten is considered to be confidential business (propnetary) informaton.

The mformation a considered to be propnetary information pursuant to 10 CFR 2.790tdH1).

l The information was subrnetted and recerved in confidence from a foreign source pursuant to 10 CFR 2.790(dH2).

6. The wthheid information conasts of interagency or intraagency records that are not available through discovery dunng litigation. Declosure of predec esonal ofcrmaton would tend so inhibit the open and frank exchange of ideas essential to the deliberstne process. Where records are wthheld in their entirety, the facts are nextrcatWy NN intertwned auth the predeciemnal information. There a6so are no reasonably segregab6e factual portions because the release of the facts would pemwt an indirect mquiry mto the predecisenal procoes of the agency. (EXEMPTION 5)
6. The wthheld mformation is exempted from public dssclosure because its disclosure would result in a clearty unwarranted invasion of personal privacy. (EXEMPTION 6)
7. The withhead information conssts of investigatory records compded for law enforcemerit purposes and is being witteeld for the reason (s) indicated. (EXEMPTIOfis 7)

Doctosure would interfere wth an enforcement proceedmg because it could reveel the scope, directen, and focus of enforcement efforts. and thus could pnaa. hey amow them to taka acten to shield potential wrongdoeng or a violation of NRC requirements from investigators. (EXEMPTION 71AH I

Doctosure would constitute en unwarranted invasion of personal pnvecy (EXEMPTION 7tCH The information consists of names of individuals and other information the disclosure of which would reveal identrties of confidential sources. IEXEMPTION 7101)

PART ll.C-DENYING OFriCIALS Pursuant to 10 CFR 9.9 and/or 9.15 of the U.S. Nuclear Regulatory Commission regulations. et has boon determined that the information withheld is exempt from producton or disclosure, f

Pnd that its productson or declosure e Contrary to the public enterest. The persons responsible for the denial are those officials identified below as denying officaels and the Director, DiviBlon of Rules ar'id Records. Office of Admimstraten, for any denials that may be apnealed to the Executive Director for Operations IEDol DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL I

Deputy General Counsel 55c=

<=

Mr. James P. Murray Appendix B XX for Hearings & Enforcemnt PART 11 D-APdAi RIGHTS The denial by eiach denying official identifed in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made yvithin 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operatior,s or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20565, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOtA Decision."

Nic FoIM ese IPert a U.S. NUCLEAR REGULATORY COMMISSION

  • sm FOIA RESPONSE CONTINUATION

Re:

FOIA.87-660 APPENDIX A RECORDS MAINTAINED IN THE PDR UNDER THE AB0VE REQUEST NUMBER NUMBER DATE DESCRIPTION

.1.

undated Resume of Mr. Howard S. Bellman.

(4 pages) i i

4

b

,s Re: F0!A-87-660 APPENDIX B RECORDS TOTALLY WITHHELD Exemption (5) 1.

1/22/87 Conservation Foundation, Support for Regulatory Negotiation. (34 pages) 2.

1/15/87 Chip Cameron, note on January 14, 1987, contract negotiating session with the Conservation Foundation.

(4pages) 3.

1/7/87 F. X. Cameron, comments on Conservation Foundation Proposal.(5pages) 4, 12/22/86 Conservation Foundation Support for Regulatory Negotiation.(30pages) 5.

12/4/86 Mark Flynn, Notification of Contract Execution. (14 pages)

{

6.

6/1986 NRC, Statement of Work for Support for Negotiated Rulemaking. (15 pages) 7.

1/14/87 F. X. Cameron, Handwritten notes on contract negotiations withtheConservationFoundation.(11pages) 8.

Undated Chip Cameron, Contractor Support-HLW Negotiated Rulemaking. (3 pages) 9.

Undated Chip Cameron, HLW Negotiated Rulemaking - Implementation Status.(5pages) 10.

9/30/86 Memo for Eleni Davis from Kenneth L. Kalman, subject:

Transmittal of CEQ Justification and Revised S0W. (16 pages) 11.

12/10/86 Memo for Joseph 0. Bunting from Kenneth L. Kalman, subject: Report on November 25, 1986 Meeting at the Federal Trade Comission to Discuss Negotiated Rulemaking.

(2pages) 12.

2/5/87 Memo for Joseph 0. Bonting from F. X. Cameron, subject:

Conservation Foundation Contract for Negotiated Rulemaking.

(1page) 13.

Undated Note to John Surmeier from Ken Kalman, subject: Telecon with Ralph Avery Regarding Contract for NRM. (1 page) 14.

7/3/86 Note to Joe Bunting through John Surmeier from Chip Cameron, subject: Contractor Support - HLW Negotiated Rulemaking.

(21pages) i i