ML20245E066

Final Response to FOIA Request.Records Subj to Request Forwarded to Another Federal Agency for Review & Direct Response.App a Records Totally Withheld (Ref FOIA Exemption 5)

ML20245E066
Person / Time
Issue date:	06/26/1989
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Felton J NUCLEAR LICENSING REPORTS
References
FOIA-89-206 NUDOCS 8906270314
Download: ML20245E066 (3)

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i RESPONSE T FREEDOM OF p1^

I Paaat INFORMATION ACT (FOIA) REQUEST rJUN 2 61989

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I PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checacd bones)

No agency records subsect to the request have been located.

No additionet egency records subsect to the request have been located Rrouested records are available through another pubhc distribution program See Comments Section.

are already available for public inspection and copying en the Agency records subp,c1 to the request that 9te identified on Appendialesi NRC Pubhc Document Room 2120 L Street N W., Washington, DC 20566 are being made available for public saspecticn and copying in Apancy records subsect to the request that are identified on Appendentes)

NRC Pubhc Docurnent Moom, 2120 L Street. N W, Washington, DC. m a folder under this FOK number and requester name.

The nonproprietary verseon of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made availab inspection eruf copying at the NRC Pubhc Document Hoom 2120 L Street. N W, Washington, DC, in a foldet undei this FOIA number and requester name Agency records subject to the request that are ademified on Appendiales) may be inspected and copied at the NRC Local Pubhc Document Room Klentrfied in the Conwnents Section.

Enclosed is information on how you may obtain access to and the charges for copying records placed m the NRC Pubhc Document Room. 2120 L Street. N W.

WasNngton, DC.

Agency records subsect to the secuest are enclosed.

Records subject to the request have been referred to another Federsi agencyties) for review and direct response to you s,

Wu will be billed 9y the NRC for fees totahng 4 No.

fn view of 44DCs 'esponse to this request. no further action is being taken on appeal ietter dated l

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PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE i

Certain information m the requested records is being withheld from pubhc disclosure pursuant to the exemptions described in and for the reasons stated m Part 11 secteons B, C, and D. Any released portions of the documents for which only part of the recoed is bemg w.ttiheld are bemg made available for pubhc inspection and copying in the NRC Pubhc Document Room. 2120 L Street, N W.. Washington. DC.in a folder under this FOLA number and requester name l

COMMENTS i

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F f RLEDO N ANd U ICATIONS plRVICES

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FOIA -$-M DAT(JUN 2 6 1999 FREEDOM OF INFORMATION ACT RESPONSE rolA NUMBER (St PART 11.5-APPUCABLE EXEMPTIONS R2coros subject to the sequest that are described on the enclosed Appendiales) are being withheld in their enterety or in part under the Enernptions and for the reasons set forth below pursuant to 5 U S C. 552(b) and 10 CFR 9.17(a) of NRC Regulations.

1, The withheld mformation is properly classified pursuant to Executive Order (EXEMPTION 1e

3. The withheld information relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The withheld information is specifically exempted from pubhc disclosure by statute mdicated. (EXEMPTION 3 l

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' Sections 14114b of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerly Restricted Data 142 U S C 21612165l Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information (42 U.S C. 2167L 4

1 C. The withheld mformation is a trade secret or commercel or financial information that is being withheld far the reason (s) indicated. (EXEMPTION 4)

The information is considered to be confidential cusmess iproprietaryl infonnation The information is considered to be proprietary mformation pursuant to 10 CFR 2190tdH1).

The information was schmitted and received m confidence pursuant to 10 CFR 2 790(dH2).

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6. The withheld information consists of interagency or intraagency records that are not available through discovery durmg htigat.on (EXEMPTION 5t Apphcable Pnvilege:

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Dehberative Procesr: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the dehbe7ative process.

Where records are withheld m their entirety, the f acts are mentricably intertwined with the predecisionalinformation There also are no reasonably segregable factual portions because the telease of the facts would permet an mdirect inquiry mto the predecisional process of the agency.

I Attomey work product pnvilege (Docu 9ents prepared by an attorney in conteenplation of litigation i Attorney + chent pnvilege Confidential communications between an attorney and his her client )

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6. The withheld mformation is esempted from public disclosure because its disclosure would result in a clearly unwarranted mvasion of personal pnvecy IEXEMPTION 6)

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7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reasonts) indicated text MPilON 7)

Disclosure could reasonably be empected to interfere with an enforcement proceeding becaube it could reveal the scope, direction. and focus of en-I forcement etforts. and thus couid possibly allow them to take action to shield potential wrongdoing or a viciation of NRC requirements from mvestigators l

E XEMPilON 7 4All 1

Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 71CH The information consists of names of individuals and other mformation the disclosure of which could reasonably be espected to reveal identities of confidential sources (E xEMPTION 7 (D61 O f Hf.R PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25Ibl and<or 9 25 (c) of the U S Nur. lear Regulatory Commission regulations. it has besn determined that the mformation withheld is esempt from production or disclosure. and that its production or disclosure is contrary to the pubhc interest The persons responsible for the denial are those officials identified l

below as denymg officials rnd the Director. Division of F reedom of Information and Pubbcations Services. Office of Admmistration and Resources Management for any deruels that may be appepted to the E mecutive Director for Operations IEDO DENYING OFFICIAL TITLE /OF FiCE l

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1 PART 11. D-APPEAL RIGHTS

-l Tho' denial by each denymg officialidentified in Part ll C may be appealed to the Appellate Officialidentified m that section. Any such appeal must be in wntog and must t e made withm 30 days of receipt of this respunse. Appeals must be addressed as appropriate to the E mecutive Director 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 frt.m an Initial FOIA Decision?

NesY" FOIA RESPONSE CONTINUATION

l Re: FOIA-ML, APPENDIX RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION l.

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