ML20246A859

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Final Response to FOIA Request.Partially Withheld App a Document Re Confirmatory Action Ltr 89-11 Encl & Available in PDR (Ref FOIA Exemption 5)
ML20246A859
Person / Time
Site: Seabrook NextEra Energy icon.png
Issue date: 08/17/1989
From: Philips J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Mokrzycki M
ASSOCIATED PRESS
Shared Package
ML20246A863 List:
References
FOIA-89-313 CAL-89-11, NUDOCS 8908230166
Download: ML20246A859 (3)
v • d • e


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RESP NSE TO FR DOM OF INFORMATION ACT (FOIA) REQUEST X

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PART 1.- AG(NCY RECORDS RELEASED OR NOT LOCATED ISee checAed boxes)

No agency records subtect to the request have been located.

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

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

Agency records sub}ect to the request thet are identified on Appendantest are already available for pubhc mspection and copying in the NRC Public Document Room 2120 L Street. N W., Washington. DC 20555.

Agency records subject to the request that are identified on Appendimies) are being made available for pubiec mspectsn and copying in the NRC Public Document Room,2120 L Street, N W., Westungton, DC in a folder under this FOIA number and requester name.

The nonpropnetary version of the proposallel that you agreed to eccept in a telephone conversation with a member of my staff is now being made available for public mapaction and copying at the NRC Public Document Room 2120 L Street. N.W., Washington, DC. in a fokjer under this FOlA number and reauester name.

Agency records subject to the request that are identified on Appendinfesi may be inspected and copied at the NRC Local Pubhc Document Room identified ti the Comments Section.

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

Washington, DC. .

Agency records subgect to the request are enclosed Records subject to the request have teen referred to another Federal agencylies) for review and direct response to you.

You will be bslled by the NRC for fees totalinD 8 fuo.

in view of NRC's response to this request, no further action is being taken on appealletter dated PART 11, A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE ,

l Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions described m and for the reasons stated in Part II.

sections B, C, and D, Any released portions of the documents for wh*ch only part of the record is being withheld are being made awatiable for pubhc inspection and copying in the NRC PublicDocument Room,2120 L Street. N.W., Washington, DC.in a folder under this FOIA number and requester name COMMENTS l

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8908230166 FOIA 090BW PDR PDR l tiORRIVCB9-313 l

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SGNATURE IRE TOR, DIVISION OF FR& DOM Of ' FORMATION AND PUBLICATIONS SERVICES v - ,

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FREEDOM OF INFORMATION ACT RESPONSE FOm NuMeEnsr PART 11.5- APPUCARLE EXftsPTIONS FOlA'- bl3 -DATE: AUG i 71989'

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.j Records subTct to the recusat that tre described on the enclosed Appendiatesi f gre bsing withheld in their entirsty or in part under the l Ex:mptions and for the leasons set forth below pursuant to 5 U.S C. 552(b) and 10 CFR 9.17(a) of NRC Regulations.

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1. The withheld eformaten is properly classified pursuant to Executive Order (EXEMPTION 16 ]

_4 2i The withheld eformation relates solely to the intemal personnel rules and procedures of NRC. (EXEMPTION 2) 3, .The wrthheld efe mation is specifically exempted from public disclosure by statute ndscated: (EXEMPTION 31 -

Sectons 18

  • 145 of the Atomic Energy Act which prohibats the disclosure of Restrcted Data or Formerly Restncted Data (42 U S C. 2161-21651 ,

1 Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassded Safeguards informaten (42 U.S.C. 2167).

4. The withheld eformaton to a trade secret or commercial or financial mformaten that es being withheld for the reason (s) indicated: (EXEMPTION 41 The informa*cn es considered to be confidential business (propnetary) mformation The informaton es considered to be propnetary information pursuant to 10 CFR 2 790idH1).

The informa%on was subrnitted and received in confidence pursuant to 10 CFR 2 790sdH21.

5 The withheld riormation consists of mteragency or intraegency records that are not availabe mrough discovery dunng litigat#on. (EXEMPTION 51 Apphcable Pnvilege Dehberettve Process: Disclosure of predecisionalinformation would tend to inhibit twe open and tranit enchange of adeas essential to the dehberative process. -

Where recorcs are withheld an their entirety, the f acts are inextncably mtertwined yrtta the predecisionalInformation. There also are no reasonably segregabae factual portions because the release of the facts would permit en indirect mouiry mte 1h4 oreoecisional process of the agency.

[ Attorney wM product privilege. tDocuments prepared by an ettorney in conterno at o* of litigction i Attomey- c*eet onvilege (Confidentsaf communications between an attorney an1 *rs Mr client i

6. . The withheld r*3rmation is exempted from public disclosure because its disclosure would esst en a clearly unwarranted mvasen of personal privacy. (EXEMPTION 6-
7. The withheld rformation consists of records urnpiled for law enforcement purposes and is being withheld for the reason (s) mdicated. (EXEMPTION 73 .

Disclosure pudo reasonably be expected to mterfere with an enforcement proceeorg because et could reveal the scope. direction. and focus of en.

forcement edorts, and thus could possibly allow thern to take action to shield potentie wvongdoing or a velation of NRC requirements from investigators.

EXEMPTION 7 4 Au Disclosure around constitute an unwarranted invasion of personal pnvecy (EXEMP? ION 71CH The mforrnason consists of names of individuals and other information the disclove of whech could reasonably be expected to revealidentities of contadentia sources (EXEMPTION 7 (Du OTHEft PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25 to and/or 9 25 (c) of the U.S Nuclear Regulatory Commissson repat.ons. It has been determaried that the information withheld is eneert from production or d<sclosure, and that its production or disclosure is contrary to the public s"e'est The persons responsible for the denial are those officials identded

. below as denymg oHc a s and the Director Division of Freedom of information and Pubhc at.ccs Se wrces. Office of Administration and Resources Management. for a v dinials that may be sopeaied to the Executive Director for Operations tEDOI TITLE / OFFICE APPELLATE OFFICIAL DENYING OFFICIAL RECO{tDS DENIED SECRETARY ( EDO

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PART II. D- APPEAL RIGHTS The denial by each denyesg officsal identified in Part ll.C may be appealed to the Appellate Officialidentified in the* **etion. Any such appeal must be in writing arul must be made withe 30 days of receipt of this response. Appsats must be addressed as appropnate to the Executive Dr .

  • 4,r Operations or to the Secretary of the Comrmanen, U.S. Nuclear flegulatory Commission, Washington. DC 20555. and should clearly state on tw envelope and in the letter that it is an "Appeaf from an initief FOtA Decman "

NRC FCRM 464 (Part 2)

U.S. NUCLEAR REGULATORY COlmsISS40N

!* **' FOIA RESPONSE CONTINUATION

Re:.'FOIA- NlY gl ,

. LAPPENDIX' ~

RECORDS PARTIALLY WITHHELD I

NUMBER' iDATE DESCRIPTION & EXEMPTION

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