ML20246Q042
| ML20246Q042 | |
| Person / Time | |
|---|---|
| Issue date: | 05/16/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Rose F MARC ANALYSIS RESEARCH CORP. |
| References | |
| FOIA-89-159, FOIA-89-160 NUDOCS 8905220343 | |
| Download: ML20246Q042 (3) | |
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RESPONSE TO FRE OF l emo-l I nannt i
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MAY ! 61989-e DOCKE T NUMr$[RI$1 (If appiscetge; l
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AGL PART l.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes) l7 No agency records subsect to the request have been located.
No additional agency records subsect to the request have been located.
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fkguested records are available through another public distnbution program See Comments Section l'
Agency records subject to the request that are identified on Appendiales) are already available for pubhc inspection and copying in the NRC Pubhc Documeat Room 2120 L Street, N.W., Washmgton, DC 20555 Agency records subsect to the request that are identified on Appendiales) are being made available for public inspection and copying m the NRC Public Document Room, 2120 L Street, N W., Washington, DC, in a folder under this FOlA number and requester name.
The nonproprietary version 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 public inspection and copying at the NRC Pubhc Document Room 2120 L Street. N.W., Washington. DC, in a folder undei this FOIA number end reovester name.
Agency records subject to the request that-are identif:#rd on AppendixtesL.
may be inspected and copied at the NRC Local Pubhc Document Room identified j
in the Comments Section.
Enclosed is information on how you may obtain access to and the charges fu copying records otaced in the NRC Pubhc Document Room, 2120 L Street. N W.
Washington, DC.
Agancy records subject to the request are enclosed.
fkcords subject 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 totahng 4 No.
In view of NRC's response to this request, no further action is being taken on appeal letter dated PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from pubhc disclosure pursuant to the exemptions described in and lot the reasons stated in Part Il sections 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 copying in the NRC Public Document Room, 2120 L Street. N.W., Washington, DC. in a folder under thes FOtA number and requester name d'
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FOIA -79 fT97
'omEAY) 61989 FREEDOM OF INFORMATION ACT RESPONSE rOIA NUMBER (Sr PART lt.R-APPLICABLE EXEMPTIONS
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~ Records subject to the request that are described on the enclosed Appendix (est '
are being withheld in their entirety or in part under the Ex$mptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.17(a) of NRC Regulations, i
- 1. The withhelk!information is properly classified pursuant to Executive Order (EXEMPTION 1)
- 2. The withheld information relates solely to the internal personnet rules and procedures of NRC. ! EXEMPTION 21
- 3. The withheld information is specifically exempted from public disclosure by statute indicated (EXEMPilON 31 l
141145 of the Atomic Energy Act which prohibits the disclosure of Restricted Data or Formerly Restncted Data 142 U S C. 21612165L Sections Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information 142 U S C. 2167)
- 4. The withheld information is a trade secret or commercial or financial information that is being withheld for the season (s) indwated; if XEMPTION 4) '
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TM infor nation is considered to be confidential business (proprietary) mformation.
Y F1 The information is considered to be propnetary information pursuant to 10 CFR 2.790(dH1).
The mformation was submitted and received in confidence pursuant to 10 CFR 2.790tdH21.
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- 5. The withheld information consists of interagency or mtraagency records that are not available through discosery during htigation (EXEMPTION 5L Apphcable Privilege:
Dehberative Process: Disclosure of predeosional mformation would tend to mhibit the open and frank eschange of ideas essential to the dehberative process.,
Where records are withheld in their entirety, the f acts are inextricably intertwmed with the predecisional mformation There also are no reasonably segregable f actual X portions because the release of the f acts would permit an mdirect inquiry into the predecesional process of the agency.
Attorney work product previlege (Documents prepared by an attorney in conteruplation of hiegation i Attorney -chent privilege (Confidential communications between an attainey and his her chent i
- 6. The withheld mformation is enempted from pubhc disclosv.e because its disclosure would result m a clearly unwananted invasion of personal privacy. (EXEMPTION 6) 7, The withheld information consats of records compiled for law enforcement purposes and is bemg withhe6d for the reason (s) mdscated. (EXEMPTION 7)
D#sclosure could reasonably be espected to interfere with an enforcement proceeding because it could revea the scope, direction. and focus of en-forcement ef f orts. and thus could possibly allow them to tak e action to shield potential wrongdoing or a violation of NRC requirements from investigators EXEMPTION 7 (AH Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7(CH The information consists of names of mdividua's and other information the disclosurt of which could 'eason8Dir be enoected to reveal identities of confidential sources IEXEMPTION 7 (Dil OTHf.R PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25(b) and'or 9 25 tc) of the U S Nuclear Regulatory Commission regulations. It has been determer.ed that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public mterest The persons responsible for the denial are those officials identified below as denying officials and the Director. Division of Freedom of Information and Pubhcations Services. Of fice cf Adenistration and Resources Management, for any denials that may be appepled to the Executive Director for Operations (EDOI DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL
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PART 11. D-APPEAL RIGHTS The den!al by each deny ng officialidentified in Part il C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made withm 30 days of receipt of this response. Appeals must be addressed as appropnate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission. Washington, DC 20555, and should clearly state on the envelope and n the letter that it is an " Appeal from an initial FOIA Decis U.S. NUCLEAR REGULATORY COMMIS$10N NRC FORM 464 (Part 2)
FOIA RESPONSE CONTINUATION J
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FOIA-79, /f*9 g9 /jj APPENDIX I RECORDS TOTALLY WITHHELD - [
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