ML20245J097
| ML20245J097 | |
| Person / Time | |
|---|---|
| Issue date: | 05/02/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Preston R AMERICAN TESTING & INSPECTION |
| References | |
| FOIA-89-123 NUDOCS 8905030634 | |
| Download: ML20245J097 (3) | |
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I l *ana' INFORMATION ACT (FOIA) REQUES i
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- p() MAY - 2 1989 DOCKE T NUMBER ($l #f apphceNet REOL4$1LR
-i Ronald W. Preston PART l.- AGENCY RECORDS RELEASED OR NOT LOCATED ISec checAed boxes)
No agency records sub;ect to the request have been located.
No additional agency records subject to the request have been tocated Requested records are available through another public distnbution program. See Comments Section.
Agency records subject to the request that are identified on Appendralesi are already available for public enspection and copying m the NRC Public Document Room 2120 L Street. N.W., Washington DC 20555 Agency records subject tr the request that are identified on Appendiales) are being made available for public inspectial and copying m the l f2RC Public Document Room, 2120 L Street. N.W., Washington, DC, m a folder under this FO1A number and requester name. [
The nonpropnetary version of the proposalls) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and copying at the NRC Pubhc Document Room 2t20 L Street. N W , Washington. DC, m a folder under this FOIA number and requester name.
Agency records subject to the request that are identified on Appendistest may be inspected and copied at the NRC Local Pubhc Document Room identified in the Comments 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 . I Washington, DC.
Agency records subsect to the request are enclosed.
Records subject to the request have been referred to another Federal agencybes) for review and detect response to you.
You will be billed by the NRC for fees totaling $10M in view of NRC's response to this request, no further action is being taken on appeal letter dated No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain mformation in the requested records is beirs withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in Part 11.
XX sections 8, C, and D Any released portions of the documents for which only part of the record is being withheld are being made awadable for pubhc inspection and I copying in the NRC Pubhc Document Room, 2120 L Street. N W., Washington, DC.in a folder unoer this FOIA number and requester name COMMENTS l
As noted in the letter from James Lieberman, Director, Office of Enforcement, to you I dated March 27, 1989, there is no Notice of Violation associated with the subject inspection.
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I St ATURE, DI ECTOR. I ISION OF FREEDOM OF INFORMATION AND PUBUCATIONS SERVICES ;
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FRE OM OF INFORMATION ACT RESPONSE FOIA NUMBCRkSI FOIA - om Oc,M- 2 M PART If.B- APPLICABLE EXEMPTIONS f y c g R4 cords subject to the thquest that are described on the enclosed AppendMes) 3._____are being withheld in their entirety or in part under the
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Exemptions and for the reasons set forth below pursuant to 5 U.S.C. ES2(b) and 10 CFR 917(a) of NRC Regufatsons.
1, The withheld information is property classified pursuant to Executive Order (E AEMPTION 1) 2 The withheld mformation relates solely to the mtemat personnel rules and procedures of NRC. (EXEMPTION 21
- 3. The withheld mformation is specihcally exempted from pubhc disclosure by statute indicated: (EXEMPTION 31 bections 141 145 of the A9mic Energy Act which prohibits the disclosure of Restncted Data or f ormerly Restncted Data (42 U S C. 21612165) r' Section 147 of the Atomic Energy Act which prohibits the disclusure of Unclassified Safeguards Ir: formation 142 U S C. 2167)-
- 4. The withheld informaton is a trade secret or commercial or financial information that is bemg withheld for the reason (s) indicated. (EXEMPTION dl __
The information is considered to be confidential t+usiness (proprietary) informaton.
The informst;on is considered to be proprietary information pursuant to 10 CFR 2.790(dHIL The information was submitted and received m corifidence pursuant to 10 CFR 2.790(dH2L
- 5. The withheld information consists of mteragency or mtraagency records that are not available through discovery during litigation IExEMPTION 51. Apphcable Pnvilege; Deliberative Prncess Disclosure of predecisionalinformaton would tend to inhibit the open and frank enchange of ideas estential to the deliberative process Where re:ords are withheld in their entirety, the f acts are mentncably intertwined with the predecisionaf mformanos The e also are no reasonably sept gable factual portions because the release of the f acts would perrmt an indirect inquiry mto the piedecisional process of the agency.
Attomey work product pnvilege (Documents prepared by an attorney in contemplation of fatigation i Attorney - chent pnvdege (Confidential communicates between an attorriev and his her client i
- 6. The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearty unwarranted evasion of personal orivacy. (ExlMPT'7N 6)
- 7. The withheld information consists of records compiled for law enforcement purposes and is bemg withheld for the reason (s) mdicated. (EXEMPTION 7)
XX Disclosure could reasonably be espected to interfere with an enforcement proceedsng because it could reveal the scope, direction, and focus of en-forcement of forts. and thus cnuid possibly allow them to take action to shield potent.a! wrongdoir g or a volaton of NRC requirements f rom mvestigators .
XX EXEMPTION 71AH Disclosure would constitute en unwarranted invasion of personal pnvacy (EXEMPflON 7(CH The inforrmtion c.ons sts of names of individuals and other information the distkisure of which could reasoriably be espected to reveal identities of confidents sources (EXEMPTION 7 (Cil OTHLH PA511. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25fb) and or 9 25 tc) of the U S Nuclear Regui, .ary Commission regulations it has been determirred that the information withneld is enempt from production or disclosure. and that its production or desciosure is contrary to the public interest lhe persons responsible for the denial are those offic.als tdentified below as denying offcciais and the Director. Divesion of Freedom of informat on and Publicat ons Seevices Of f ce of Administration and Resources Management. for any dernals that may be appepted to the E xecutive Director for Operations dEDOI DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SECHETARY EDO James Lieberman Director, Office of Enforcement App. A X l
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PART 11. D- APPEAL RIGHTS The denial by each denymg officialidentified in Part ll C may bd appealed to the Appellate Official identified m that 6pction Any such appeal must be in wr ting and must be made within 30 days of receipt of this response. Appeals must be addressed es appropriate to the Executive Director for Operatens or to the Sectr'sry of the Commissen, U.S. Nuclear Regulatory Commission Washington, DC 20555, and should clearly state on the envelope and in the letter that #t is an " Appeal from an initial FOlA Decision."
NRC FORM 464 (Part 2) U.S. NUCLEAR REGULATORY COMMISSION
"**' FO!A RESPONSE CONTINUATION
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. -.- Re: F0IA- 89-123 i J
APPENDIX A RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION
- 1. Undated Special Safety Insoection Reoort No. 030-19788/87001.
(39 pages) Withheld in entiretv pursuant to Exemotion 7(A).
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