ML20245G048

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Final Response to FOIA Request for Info Re NRC Contract.App a Records in Pdr.App B Records Withheld (Ref FOIA Exemptions 4 & 5)
ML20245G048
Person / Time
Issue date: 06/27/1989
From: Philips J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Chris Speer
COMPUTECH ENGINEERING SERVICES, INC.
References
FOIA-89-274 NUDOCS 8906290004
Download: ML20245G048 (4)


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1 LAS. NUCLEA" EGULAToRY COMMISSION NHc f OsA Muutb1 AUMBtA$tSt f

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_[ T 1- RESPONSE TO FRE DO OF (o^"

low Ile s  ! INFORMATION ACT (FOIA) REQUEST N.s7. . # JUN 2 71989 i oo-u-su,, a-me, 1 REQUESTOR Mr. Christopher S. Speer i PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checAed bones) __

No agency records subject to the request have been located.

No additional agency records subject to the request have been located. .

Requested records are avadable through another public distnbution program. See Comments Section.

A are already avadable for pubhc inspection and copying in the >

Agency records subiect to the request that are *dentified on Appendisteal

$ NRC Pubhc Document Room. 2021 L Street. N W Washington, DC 20555.

Agency records subject to the reauest that are identrfied on Appendialesi are being made avanable for public inspection and copying m the NRC Pubhc Document Room, 2021 L Street, N W.. Washington DC. in a folder under this FOI A number and requester name The nonproprietary version of the propos3Hs) that you agreed to accept m a telephone conversation with a member of my staff is now being made available for pubhc

' inspection and copying at the NRC Pubhc Document Room 2021 L Street, N W . Washington, DC, in a folder under this FOIA number and requester name.

Agency records subject to the request that are identi f ied on Appendmest __. may be inspected and copied at th9 NRC Local Pubht Document Room ideistified in the Comments Section.

Inclosed is information on how you may obtain access to and the charges for copytng records placed in the NRC Pubhc Document Room. 2021 L Stieet NW. l X wanhingon. DC Agency records subject to the request are enclosed Records subject to the request have been referred to another Federal agencyteesi for review and direct response to you.

1 You will be billed by the NRC for fees totahng $

in view of NRC's response to this request, no further action is bemg taken on appeaf letter dated . No PART IL A-INFORMATION WITHHELD FROM PUBLIC DISCLOSUI.E Certain information in the reovested recoeds is being wanheid from pubhc d.sclosure pt,rsuant to the exemptions descetbed in and fm the reasorw stated in Pan e sections B, C. and D Any rueased portions of the documents for which only part of the record is being withheld a'e teng made as ailabic ff" pubhc inspectron and copying in the NRC Pubhc Jocument Room, 2021 L Street. N W., Washington, DC. in a folder under this FOI A number and secueste' carre COMMENTS ,

Copies of the records requested in categories one and two of your letter are being withheld at this time due to the fact that a final resolution has not been made on a related contract award protest. Once the action on this protest has been completed, you may submit another .

F01A request for the requested records. You may telephone Mr. Dave Collins at 492-9736 to determine whether the contract award protest is closed. In addition, copies of NRC contracts and modifications, if any, are available for public inspection at no charge and copying at a nominal charge at the NRC Public Document Room (PDR). A notice on procedures for obtaining a copy of the contract from the-PDR is enclosed.

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OF FF EDOM OF MORMADON AND PUBUCADONS SERVICES  ;

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CO FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERStSL FOIA : 274 ' DATE: JUN 2 71989 1

PART 11.8- APPLICABLE EXEMPTIONS 2

i Rscords subject to the tequest that are desenbed on the e' closed Appendamlesi ',_) ' are being withheld in their entirety or in part under the f, ' Exemptions and for the reasons set forth below pursuant to 5 U.S C. 552(b) and 10 Cf R 9.17(a) of NRC Regulations.

g 1; The withheld information is property classified pursuant to Executive Order (EXEMPTION 11

2. The withheld information relates solely to the sntemal personnel rules and procedures of NRC. (EXEMPTION 2) -
3. The withheld information is specifically exempted from public disclosure by statute indicated, IEXEMPTION 31 Sections 141 145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerly Restncied Data 442 U S C 21612165

[ , Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information P2 U S C. 2167L X 4. The withheld information rs a trade secret or commercial or fmancialinformation that is bemg withheld for the ressants) indicated. (EXEMPTION 41 The mformation is conssdered to be confidential busmess (proprietary information.

The information is considered to be propnetary mformation pursuant to 10 CFR 2.790tdH1) j 1

The information was submitted and reweived m confidence pursuant to 10 CFR 2.790tdH21.

X 6. If e withheld information consists of interager'cy or intrangency records thai are not availabie through discovery durmo litigation IEXEMPTION 5) Applicable Pnvileger Deliberative Process: Disclosure of predecisiona: information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process Where records are withheld an their entirety, the facts are inextucably mtertwined with the predecisionalinformation. There also are no reasonablv segregable factuai X portsung becauce the release of the f acts would permet an mdirect inquiry ento the predecisional process of the agency Attorney work product pnvilege (Documents prepared by an attorney in comemplanon of htmation i Attorney - chent privilege (Confidential communicanons between an attorney and his her chenti

6. The withheld information is exempted ffom public disclosure because its disclosure would resoft m a clearly unwarranted mvasion of personal privacy. (E AEMPTION 61 7$ The withheld informat*on consists of records compiled for law enforcement purposes and is being withheld for the reasontsi indicated (EXEMPT!ON 7)

Disclosure could reasonably be expected to interfere with an enf orcement procet ding because it could reveal the scope direcbon and focus of en-forcement elforts, and thus could possibiy alips them to talie action to shield potentml wrongdomg or a violanon of NRC requirements frorn mvestigators Ekf MPTION 7 (All Disclosure would constitute an unwarranted invasion of personal pnvecy (EAEMPTION 7tCH The information Con $ists of names of mdiveduais and other mformation the disclosure of which Could seasDnably be emoected to reveal ident;t,es of confidential sources iE ACMPTION 7 (Dit Other PART II. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25fbl and or 9 25 tc) of the U S Nuclear Regulatory Cummisuon regsations. it has t een determmcd that the information withheld is exempt from production or disclosure and that its production ur disclosure is contrary to the public inteiest The persons responsible for the denial are those of ficials idenbfwd below as cenying officials and the Director, Division of heedum of information and Pubhcations Services Of fer.c of Administrabon and Resources Management. for an denials that may be appered to the Executive Diretter for Operations IEDOI DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE Of flCIAL SE CRE T ARY EDO Edward L. Halman Directons_Dhhhn of_ Contracts Ap A B' x ..

i and Property Management, ADM l j

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PART 11. D- APPEAL RIGHTS  !

The dental by each denying officialidentified in Part 11 C may be appealed to the Appellate Officialidentified m that section Any such appeal must be in wnting and must be made withm 30 days of receipt of this response Appeals must be addrued as appropnate to the Executive Director for Operations or to the Secretary

. U.S. Nuclear Regulatory Commission, Washmgton, DC 20555. and should clearly siste on the envelope and m the letter that it is an " Appeal from an Initial FOIA Decision,' i Eonu 4e4 IP rt 21 U.S. NUCLEAR REGULATORY COMMISSION f10 c81 FOIA RESPONSE CONTINUATION

FOIA-Tf-gye,t Re:

APPENDIX [

RECORDS MAINTAINED AMONG PDR FILES

. NUMBER DATE DESCRIPTION

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APPENDIX I RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION

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