ML20245D121
| ML20245D121 | |
| Person / Time | |
|---|---|
| Issue date: | 11/03/1987 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Gordon J Public Citizen's Critical Mass Energy Project |
| References | |
| FOIA-87-377 NUDOCS 8711040380 | |
| Download: ML20245D121 (4) | |
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INFORMATION ACT (FOIA) REQUEST M3 M7 r
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DOCKET NUMSERt$) Uf appecaemt f/ $ U5 B y" ON '
PART 1.-RECORDS RELEASED OR NOT LOCAftB (See checked boms)
No egerty records outWoct to the request have been located.
No additional agency recorde metect to the request how been located.
i Agency records outsact to to request that are identifed in Appendix are already - for public irupsetion and coppng in the NRC Public Document Roorn, {
1717 H Street, N.W., Washmgeon. DC. 1 Agency records subsect to me request that are identified in Appendix are beme puede awedeble for pietic inspection and copying in the NRC Public Documere Room,1717 H Street. N.W., Weehngton, DC, in a folder under the FOIA number and requester runs.
The nonproprietary version of the proposeNs) that you agreed to accept in a telephone conversation sah a member of my staff is now being made eyeinble for public inspectmon and coying at the NRC PieAc Document Room,1717 H Street, N W., WesNngton, DC, 'ma folder nester the FOIA runnber and requester name.
Enclosed is information on how you mey obtain access to and the charges for copying records pieced si me NRC Public Document Room,1717 H Street, N.W., WasNngton, DC Agency records subpect to the request are enclosed. Any applicable charge for copies of the records ponded and payment procedures are noted in the comments section.
Recorde sutdoct to the request have been referred to another Federal agencyres) for review and direct seaponse to you. !
In view of NRC's remporse to ifee request, no further action is being taken on appeel letter dated PART ll.A-INFORMATION WITHHELD FROed PusuC DISCLOSURE '
Certain information in the s=y* records is bemg withheld from public disclosure pursuant to the FDIA exemptons described in and for the reasons stated in Part II, sec.
tiene 8, C, and D. Any reisesed portions of the documents for wNch ordy part of the record is being safdeld are being made sveilable for public inspecten and copying in the NRC PutA6c Document Room,1717 H Street, N.W., Washington, DC. in a folder under tNo FOIA surr6er and requester name.
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I PREEDOM CF INFORMATION ACT RESPONSE FOIA NUMBER (SI:
PART li.S- APPUCABLE FOIA EXEMPTit NS
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' Records subf ect to the request that are described in the ordanad Appendices - ' are being withheld in ther entirety or in part under FOIA Esemptions and for the reesons set forth below pursuant to 5 U.S.C. 562(b) and'10 CFR 9.5(a) of NRC Regulations.
1[ The wrthheld information is property closerhed pursuant to Esecutrve Order 12366 (EXEMPTION IF
- 2. The wnhheld 3rdormation reietes solely to the intemet peruarrel rulee and procedures of NRC. (EXEMPTION 2) ,
3J The withheld information is specifically enempted from pieec declosure by statute indicated: (EXEMPTION 3)
Section 141146 of the Atomic Energy Act whice pr+4mes the doctosure of Restricted Datasor Formerty Restricted Data (42 U.S.C. 216121861.
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't Section 147 of the Atomic Energy Act which prohibrts the deciosure of Uncieesified Sefoguards Information 142 U.S.C. 2167). !
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- 4. The withhe6d inforrretion is a trade secret or commercasi er Emancial information that is being withheld for the reason (s) indicated- (EXEtePTION 4) y.~
The Informstlon is considered to be confidentel bueness (proprietary) informetson.
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The information le considered to be proprietary informenon pursuant to 10 CFR 2.790(dH1).
j-h[s[5 The informenon was submitted and received in confideu:e from a foreign source pursuant to 10 CFR 2.790(dH2). l S. The withheld information conents of interagency or intrasenney records that are not sveitable through discovery during litigation. rwa,--e of predecisional informenon would tend to inhibit the open and frank exchange of idass essential to the deliberative process. Where records are methheid kt ther erasety, the facts are inextricably intertwined enth the predecisionalinformation. There stee me ses espregable factual portione be: sues the reisese of the tacos sueuld permit en indrect inquiry into tne predeciosonal process of the agenor. (EXEM N e
- 8. The withheld information is exempted from public hg because its deciosure would result in a cieerly unwarranted invasion of sermonal privacy. (EXEMPTION 81
- 7. The withheld biformation consiste of ' -c__ . ._ _-i records congated for low enforcement purposes and is being withheld for the reemonial indicated. (EXEMPTION 7)
Dimenoeure would interfere wMh en enforcement prr==esqr becoues it could revesi the scope, direction, and focus of enforcemere efteres, and thus could M+y poestoy seow them to take action to shield potential arenedoing or a violation of NRC requirements from inveengetors. (EXEMPTION 7(AH
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[N Desclosurel would constitute en unwerraated invenion of personal privacy (EXEMPTION 7(CH iE The information coneote of nomse of Individuele and oder sWormation the disclosure of which would reveel identities of confidareal muurces. (EXEMPTION 710H PART al.C-DENYING OFFICIALS Pureuwn: to 10 CFR 9.9 and/or 9.16 of the U.S. Nuclear Reguistory Cennussion reguissons. It has baan determined that the Informenon wouhheid is esenpt from production or <e-arm, and that its production or disclosure is contrery to the public inteest The persons responsible for the denial are those officleis identtfled below as denying officials and the Drector, Orvasion of Illules and Records, Office of Administration, for any senssis that may be appea6ed to the Executive Director for Operations (100:
DENYlNO OFFICIAL - TITLOOFFICE , RECORDS DENIED APPELLATE OFFICIAL f
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v 1 PART 11 D- APPEAL RIGHTS The denial by each denying officialidentified in Part li.C rney be appooled 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 the response Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nucieer R@ Ccmmission, Washington, DC 20566, and should clearty state on the envelope and in the letter th t et in an " Appeal from an bitial FOIA Decision.
Isac romu ese iPert a U.S. NUCLEAR REGULATORY COMMISSION s => FOIA RESPONSE CONTINUATION
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APPENDIX RECORDS TOTALLY WITHHELD NUMBER DATE- DESCRIPTION & EXEMPTION
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PUBLIC CITIZEN Buyers Up C Congress Watch O Critical Mass O Health Hesearch Group C Litigation Group C Tax Group June 15, 1987 Don Grimsley Director, Division of Rules & Records EREEDOM 0F INFORMATION Nuclear Regulatory Commission ACT REQUER Washington,-DC 20555 MNBB 4210
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Attn. Freedom of Information Act Request Mr. Grimsley:
Pursuant to the Freedom of Information Act, as amended, 5 U.S.C. g 552, Public Citizen's Critical Mass Energy Project hereby requests copies of the following records, i Please provide all records used for determining what accidents, mishaps, reactor events, conditions, component or human failures, or any other situations which were accorded
" Abnormal Occurrence" status and were thereby included in the 1986 Reports to Congress on Abnormal Occurrences (Nureg-0090, !
Vol. 9, Nos. I~ 2, 3, & 47- " Abnormal Occurrences" which occurred in 1986 but will be included in Vol. 10 of the Reports are included in this request as well. j i
This request also seeks records on such events or situations that were considered for inclusion in the NRC's listing of
" Abnormal Occurrences," but were ultimately not labeled as
" Abnormal Occurrences." This includes, but is not limited to, those events or situations included in Appendix C ("Other Events of Interest") of all the Vol. 9 (and Vol. 10 if applicable as I noted above) " Abnormal Occurrence" reports.
I In particular, this request seeks those records which explain how the NRC made its decisions to include or not include particular events, segments of events, or conditions, in its list of Abnormal Occurrences.
This request pertains to all records in the posession of the Nuclear Regulatory Commission (NRC), its licencees, or in the possession of contractors or subcontractors of the NRC or its licensees.
In this roquest, " record" includes, but is not limited to, any memoranda, formal or informal correspondence, reports, studies, reviews, letters, computer memories and printouts, information transfer systems, audio and video tapee, movies ar.d any other form of communication, in the possession of any individual or office in the NRC, whether generated by the NRC, its contractors, the nuclear industry or any other source.
215 Pennsylvania Ave. SE O Washington, DC 20003 0 (202) 5464996 Ohh Q
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Public Citizen's~ Critical Mass Energy Project is a:
nationally .known non-profit public interest . organization founded in 1974.- We.will use these documents in our studies of nuclear power safety,-and we will disseminate and distribute the information contained therein to the press and public. Public ,
Citizen'a annual Nuclear Power Safety Report, and its numerous )
other publications, attract wide attention in the national, j local, and trade media. Thousands,of copies of Public Citizen's )
reports have.been sold.or' distributed to members of the public, j industry, government and citizen groups. !
Since furnishing these documents "can be considered as primarily . benefitting the public," we request a complete waiver i of any costs you might incur in processing these records or j making copies for us under the provisions of 10 C.F.R. g 9 and
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14(a). If you rule otherwise, . please notify us before filling -
the request.
1 Nothing in this request should be considered a request for th'e private records of any specific individual. Hence, no.
provisions of the Privacy Act should be deemed applicable.
i If all or any parts of this request are' denied, please cite the specific exemptions (s) on which you rely in refusing to release the documents. 1
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Further, since the Freedom of Information Act provides that j l if only portions of a file are exempt from release, the remainder i must be released, we request that we be provided 'with all non- d exempt portions which.are reasonably segregable. Of course, we j reserve our right to appeal the withholding or deletion of any ]
information. !
As'provided in the Freedom of Information Act, we will expect to receive the requested records or a final determination I within-ten working days. If your office is unable to fully respond to this request in that time, please send us a written j estimate of when the response will be completed. 1 If you have any questions about this request, please telephone me at (202) 546-4996.
Thank you for your help. f Sinferely ,
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(f Joshua Gor on i l
Nuclear Analyst Public Citizen's Critical Mass Energy Project i
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