ML20246F313

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Final Response to FOIA Request.App C Records Encl & Available in Pdr.App D Records Partially Withheld (Ref FOIA Exemption 4)
ML20246F313
Person / Time
Issue date: 07/11/1989
From: Philips J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Kruger K
KAPLAN, RUSSIN & VECCHI
Shared Package
ML20244A763 List:
References
FOIA-89-98 NUDOCS 8907130218
Download: ML20246F313 (4)


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U.S. NUCLEAR EGULATORY COMMISSION NRC FOia HLQuESt NuMBU4$$

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INFORMATION ACT (FOIA) REQUEST gg j j g DOCKET NUMBEFilSI #r apphcaWel HE QUEST E R Ms. Karen S. Kruger PART 1.- AGENCY RECORDS RELEASED OR NOT LOCATED ISee checked boxest No agency records subsect to the request have been bcsted.

No additional egency records subject to the request heva been located.

Requested records are available through another pubhc distnbution program. See Comments Section, Agency records subject to the request that are identified on Appendix (es) are already available for pubhc inspection and copying in the NRC Pubhc Document Room 2120 L Street, N W, Washington. DC 20555 b

are being made available for pubhc inspection and copying in the Agency records sublect to the request that are identified on Appendiales)

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NRC Pubhc Document Room. 2120 L Street, N.W., Washmoton, DC, en a fokser under this FOIA 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 available for pubhc inspection and copylng at the NRC Public Document Room 2120 L Street, N W., Washington, DC, in a folder undes this FOlA number and reouester name Agency records wut ect to the request that are identsfiedon Appendentes) may be inspected and copied et the NRC Local Pubhc Document Room identified t

in the Comments Section.

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

Washington, DC.

y Agency records subsect to the request are enclosed.

R2 cords subsect to the request have been referred to another Federal agencybes) for review and direct response to you.

You will be billed by the NRC for fees totaling 4 In view of NRC's response to this request, no further action is being taken on appest letter dated

_ No PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the exemptions desenbed in and for the reasons stated m Part fl.

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etctions B. C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for pubhc inspection and i

copymg m the NRC Pubhc Document Room. 2120 L Street, N W., Washington, DC. m a folder under this FOIA number and requester name COMMENTS The actual fees associated with the processing of your F0IA request are as follows:

Clerical Search / Review - 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br /> and 45 minutes = $44.34 Professional Review - 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> and 15 minutes = $205.19 Reproduction of Records - 151 pages = $30.20 l

t Total = $279.73 A refund in the amount of $5.60 will be sent to you by NRC's Division of Accounting and finance.

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i FREEDOM OF INFORMATION ACT RESPONSE-rolA NUMBER (SL FOIA 98 D S UL 1 i fone PART ll B-APPLICABLE EXEMPTIONS RJcords subject to the request th.at are dzscribed on the enclosed Appendix (es) 0 __are being withheld in their entirety or in ptri undir ths Easmptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17tal of NRC Regulations.

1l The withheld mformaton is property classified pursuarit to Executive Order (EXEMPTION 1)

2. The withheld mformation relates solety to the internal person <tel rules and procedures of NRC. (EXEMPTION 2)
3. The wrthheld miormaten is specifically esempted from pubic disclosure by statute indicated. fCXEMPTION 31 Sections 141 145 of the Atomic Energy Act wh ch prohibits the disclosure of Restncted Data or Formerly Restncted Data 142 U S C 21612165L Section 147 of the Atomac Energy Act which prohibits the disclosure of Unclassited Safeguards Information (42 U S.C. 2167).

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4. The wethheld mformation is a trade secret or commercial or financial mformation that is being withheld for the reason (s) indicated; IEXEMPTION 4)

X The informaton is considered to be confidential business loroprietary) mformation.

The information is considered to be propnetary information pursuant to 10 CFR 2.790(dH1)~

The information was submitted and received in confidence pursuant to 10 CFR 2.790(dH2).

5, The wrthheld mformation consists of intersgancy or mtraagency records that are not ava4ble through discovery durmg litigaten. IEXEMPTION 51. Applicable Pnvilege:

Deliberstwe Process: Desclosure of predecisional mformation would tend to enhsbet the open and frank exchange of ideas essentgel to the delib 1 ve process.

Where records are withheld m thew entirety, the f acts are inestreably entertained with the p'edecisiunal mformation. There also are no reasonably segregable f actual portions because the release of the facts would permit an indirect mouiry into the predecessonal process of the agency.

Attorney work product pnvilege IDocuments prepseed by an attorney in contempleton of litigation i Attorney-client privilege. (Confidentest communicanons between an attorney and his her client i

6. The withheld mformation is enempted from public disclosure because its disclosure would result m a clearly unwarranted mvason of personal privacy. (EXEMPTION 6)
7. The withheld mformation consists of records compiled for law enforcement purposes and is beeng withheld for the reason (s) endmated. (EXEMPTION 7)

Disclosure could reasonably be expected to interfere with an enforcernont proceeding because it could reveal the scope. direction. and focus of en-forcement efforts, and thus Could possibly allow them to take action to shield potential wrongdoing or a violaten of NRC requirements f rom investigators.

EXf MPTION 71AH Disclosure would constitute en unwarranted invasion of personal privacy (EXEMPTION 7(CH The information consists of names of mdividuals and other inforrnsteor the disclosure of which could reasonably be expected to revealidentities of Confidential sources (EXEMPTION 7100 OTHE.R PART 11. C-DENYING OFFICIALS Pursuant to 10 Cf R 9 25tbl and'or 9 25 (c) of the U S Nuclear Regulatory Cornmission regulations. it has been determined that the information withheld is esempt from production or disclosure. and that its productior. Or disclosure is contrary to the public interest The persons responsible for the denial are those officials identified below as denying oficaals and the Director. Divesson of Freedom of Information and Publications Services. Of fece of Administration and Resources Management. for any denials that may be appepled to the E necutive Director for Operations IE DO DENYlNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL Director, Office of muclear SE CRE T ARY EDO Mr. Robert M. Bernero Material Safety and Safequards Appendix D X

PART N. D-APPEAL RIGHTS The denial by each denymg officialidentified in Part il C may be appealed to the Appellate Officialidentified m that secteon. Any such appeat must be in writing and must be made within 3Odays of receipt of this response. Appeals must be addressed as appropnate to the Executive Dweetor for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission. Washington. DC 20555, and should clearly state on the envelope ased m the netter that it is en " Appeal from en initial FOI A Decison."

NT.C FORM 464 (Part 2)

U.S. NUCLEAR REGULATORY COMM6SS40N FOIA RESPONSE CONTINUATION f

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Re: F01A-89-98 APPENDIX C 1.

9/13/73 Letter from Hegarty to Miller (1 page) 2.

10/3/78 Letter from Harper to Higginbotham (1 page) 3.

11/27/78 Telex from Harper to NRC.(1 page) 4.

1/19/81 Letter from Harper to Miller (2 pages) 5.

8/6/82 Amendment No. 1 to License No. 31-15819-01, signed by Hickey (2 pages) 6.

9/6/83 Amendment No. 2 to License flo. 31-15819-01E, signed by Hickey (1 page) 7.

3/4/85-Letter from Henriquez to NRC (4 pages) 8.

5/5/87 Letter from Henriquez to Hickey (3pages) 9.

8/7/87 Letter from Henriquez to Carrico (1 page) 10.

12/16/88 Armson, Inc. - Materials License No. 21-19874-02E (2 pages) 4 i

Re: F01A-89-98 APPENDIX D PARTIALLY WITHHELD-EXEMPTION 4 1.

6/1972 Report of Tests on Betalight Hand-Gun Sight 111uminators (8pages) 2.

9/27/73 Letter from Hegarty to Gianelli (3pages) 3.

11/12/73. Notice of Issuance of Byproduct Material License No.

31-15819-01E - (3 pages) 4.

12/13/73 Letter from Zunno to Serino (4 pages) 5.

3/25/74 Letter from Hegarty to Gianelli with attachments. Two pages of attachment withheld in entirety (29 pages) 6.

11/30/78 Application for Byproduct 11aterial License (15 pages) 7.

9/21/79 Letter from Harper to Bassin (1 page) 8.

3/18/88 Letter from Henriquez to Baggett with attachment. Two pages of attachment withheld in entirety (5 pages) 9.

4/14/88 Byproduct Material License No. 31-15819-01E (2 pages)

10. Undated Appendix B - Manufacturing Process for Betalight Gaseous Tritium Light Sources with attachment. Two pages of attachment ~

withheld in entirety (a pages)

11. Undated Quality Control in Betalight Manufacture. Four pages withheld in entirety (5pages) 1

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