ML20247C038
| ML20247C038 | |
| Person / Time | |
|---|---|
| Issue date: | 05/16/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Fitzgerald P BROWN, JAMES & RABBIT, P.C. |
| Shared Package | |
| ML20247C042 | List: |
| References | |
| FOIA-89-138 NUDOCS 8905240335 | |
| Download: ML20247C038 (4) | |
Text
b-U.S. NUCLE RE@UQCU@DK7 @!E213B!O 1RC F Osa REQUISV 6USSiW5i
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FOlA 138 I !
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.[ W RESPONSE TO FREEDOM OF
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INFORMATION ACT (FOIA) REQUEST-MAY 161989
%,,,,e DOCKET 14UMBERt$) W epphcstwej REQUL$1LR Patrick W. Fitzgerald, Esquire PART I.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked bones)
XX No agency recoeds subsect to the request have been located. (Item Nos. 1 & 5 of FOIA request)
No additional agency records subsect to the request have been located.
R? quested records are available through another public distribution program, See Comments Section are already available for public inspecten and copying in the Agency records subject to the request that are identified on Appendiales)
NRC Publac Document Room 2120 L Street, N.W., Washington, DC 20S55 A
a,e be,ng made avaiiabie fo, pubhc inspect,on ane copying,n ihe Agency records subject to the request that are edentified on Appendentes)
XX NRC Pubhc Document Room, 2120 L Street, N.W., Washington, DC, in a folder under this FOIA number and requester name The nonproprietary 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 pubhc inspection and copying at the NRC Pubhc Document Room 2120 L Street, N W., Washington, DC, in a folder undes this FOIA number and requester name.
Agency records subject to the request that are identified on Appendextest.
may be inspected and copied at the NRC Local Pubhc Document Room edentified in the Comments Secten.
Enclosed is information on how you may obtain access to and the charges for copyeng records placed in the fwRC Pubhc Document Room. 2120 L Street. N W.,
Washiregton, DC.
yy A,gency records subsect to the request are enclosed.
Rscords subject to the request have been referred to another Federal agencybest for review and direct response to you b*b9 g
You will be billed by the NRC for fees totahng $
No.
in view of NRC's response to this request, no further action is being taken on appeal letter dated PART li. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certsen mformation in the requested records is being wrthheld from public desclosure pursuant to the enempt.ons descfibed in and for the reasons stated in Part 11 public inspection and sectiona 8, C, and D. Any released portions of the documents for which only part of the secord is being withheld are being made available fo#
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Copying in the NRC Pubhc Document Room. 2120 L Street, N.W., Washington, DC. r a f oldet under this F OIA number and requestes name COMMENT S The fees associated with the processing of your F0IA request are as follows:
Clerical Search / Review - 1/2 hour = $5.89 Reproduction of Records - 14 pages = $2.80 Total = $8.69 8905240335 890516 :
FITZCER89-138 PDR 4
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EEDOM OF INFORMATION AND PUBLICATIONS SERVICES URE, DIRECTOR Dh/ISIONg^ 'M ShIG k
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MAY I 61983 s
FREEDOM OF'INFORMATION ACT RESPONSE rolA HUMBER(St FOIA 138 DATE PART 11.8-APPLICABLE EXEMPTIONS o
Records subject to the* feguest that are described on the enclosed Appendistes)
O__._are being withheld in their entirety or in part under th3 Exemptions and for the reasons set forth below pursuant to 5 U.S C. 552(b) and 10 CFR 9.17(a) of NRC Regulations.
1 The withheld information is properly classified pursuant to Emecutive Order fEXEMPTION 1) q
.I L The wathheld mformation eclates solely to the mtemal personnel rules and procedures of NRC, (EXEMPTION 2) f
- 3. The withheld information is specifically esempted from public disclosure by statute indicated (EXEMPTION 31 Sectons 141 145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerly Restncted Data 142 U S C. 216121651.
Section 147 of the Atomic Energy Act which prohsbits the disclosure of Unclassified Safeguards Information (42 U S C. 2167)
- 4. The withheld mformation is a trade secret or commercial or financial information that is being withheld for the reasontalindicated fEXEMPTION d}
The mformation is considered to be confidential business fpropnetary) mformation.
y The information is considered to be propnetary information pursuant to 10 CFR 2,790(dH11.
The informat on was puheted and rsccived in confidence pursuant to 10 CFR 2 790tdl(2L
- 5. The withheld mformation consists of mteragency or entraagency records that are not available through discovery durmg litigation (EXEMPTION 51 Applicatje Pnvileger Dehberative Process: Disclosure of predecisional mformation would tend to mhsbit the open and frank enchange of ideas essential to the dehberative process.
Where records are withheid m their entirety, the f acis are mentricably etertwened with the predecisional information. There also are no reasonably seilregable f actu portions because the release of the facts would permit an indirect inquiry mto the piedecisional process of the agency.
Attorney work product pnvilege (Documents prepared by an attorney m contemplation of litigatron 6 Attomey -chant pnvilege iConf dential communications between an attorney and his her chent )
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- 6. The withheld information is enempted from pubhc disclosure because its disclosure would result m a clearly unwarranted mvasion of personal pnvacy. (EXEMPTION 61
- 7. The withheld mformation consists of records compiled for law enforcement purposes and is bemg wethheld for the reasonis) mdicated. (EXEMPTION 7)
Disclosure could reasonably be enpected to anterfere with an enforcement proceeding because it could reveal the scope, directen and focus of en.
forcement efforts. and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from mvestigators EXFMPTION 7 (All Disclosure would constitute an unwarranted mvasion of personal pnvacy (EXEMPTION 7(Cil The mformaton consists of namas of individuals and other information the disclosure of which could reasonably be enoected to reveal identities of confidential sources (EXFMPTIC 17 (D)l OTHER PART 11. C-DENYING OFFICIALS l
Pursuant to 10 CFR 9 25tb) and or 9 25 tc) of the U S Nuclear Regulatory Commission regulatons. at has been determer.ed that the information withheld is enempt from production or disclosure, and that its product on or dischsure is contrary to the public snterest The persons responsible for the deneal are those officials identified a
below as denying offsCiais and the Director, Division of F reedom of inf ormation and Publications Services Office of Administration and Resources Management. for any denials that may be appepied to the Esecutive Director for Operations IEDOI DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SEcaU^av
'Do Regional Administrator Appendix B X
Mr. Bert Davis Reginn 111 h
I i
l PART 11. D-APPEAL RIGHTS The denial by each denyng officialidentified in Part il C may be appealed to the Appettate Officialidentified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropnate to the Eaccutive Director for Operations or to the Secretary of the Commission.
I U.S. Nuclear Regulatory Commission, Washington, DC 20555. and should clearly state on the envelope and in the letter that it is an "Appeaf from an initial FOIA Decision."
U.S. NUCLEAR REGULATORY COMMISSION NRC FORM 464 (Part 2)
FOIA RESPONSE CONTINUATION 7
Re: F01A-89-138 APPENDIX A
.l.
4/7/71 Application for Byproduct Material License, C-E Glass, Inc.
(2 pages) 2.
4/28/71 License No. 24-13998-01 (3 pages) 3.
3/11/76 Application for Byproduct Material License, C-E Glass, Inc.
(2 pages) 4.
4/30/76 License No. 24-13998-01, Amendment 1 (3pages) 5.
12/8/77 Request for Amendment for License (1 page) 6.
1/5/78 License No. 24-13998-01, Amendment 2 (1 page) l
t Re: F01A-89-138 i
APPENDIX B WITHHELD IN PART 1.
10/7/86 Letter from E. Saenger to D. Sreniawski, subject:
Evaluation of Unusual Occurrence (2 pages)
Exemption 6 i
I C_________.________
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