ML20247D540
| ML20247D540 | |
| Person / Time | |
|---|---|
| Issue date: | 09/13/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Hinkelman M ATLANTIC BUSINESS CHRONICLE |
| Shared Package | |
| ML20245C210 | List: |
| References | |
| FOIA-89-291 SECY-87-122A, NUDOCS 8909150005 | |
| Download: ML20247D540 (5) | |
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INFORMATION ACT (FOIA) REQUEST SEP 181989 e..eo DOCKET NUMoEnt$1 W apphcaess; neoutsTER . ..
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PART !!- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)
No agency ,eco,de - . e request hav. be.n iocai.d.
No additional agency records subject to the request have been located.
Requested records are evellege sleeugh another pubile distribution program. See Commente Secteet.
are already eyeliable for putsc inspection and copying in the -
Agency records subject to the request that are identified on Appendiates)
NRC Public '"-nent Room 2120 L Street, N.W., WesNngton, DC 20555.
Agency records subject to the request that are identified on Appendiates) 8 === tseing made ovellebte for public inspection and copying bi the NRC Putsc Document Room,2120 L Street, N.W., Weehington, DC, in a folder under this FOIA rmember and requester name.
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The nonproprietary version of the proposaHs) that you agreed to accept in a telephone conversation with a member of my staff is now being made ovellable for pubhc inspection and copying et the NRC Public Document Room 2120 L Street, N.W., Washington, DC, in a totder under tNs FOIA number and requester name.
Agency records subject to the request that are identified on Appendiales) may be inspected and copied at the NRC Local Publec Document Room identifed .'
j In the Commente Section.
Enclosed is information on how you may obtain accese to and the charges for copying records 5 4 .c4 in the NRC Public Document Room, 2120 L Street, N.W., l l
Washington, DC. _
Agency records subject to the sequest are enclosed. A Aa , -
Records subject to tne request have been referred to another Federal agency (ses) for review and dvect response to you.
You will be billed by the NRC for fees totaling $
No.
in view of NRC's response to this requeet, no further action is being taken on appeal letter dated PART R. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from pubhc disclosure pursuant to the esemptions desenbed in and for the reasons stated in Part lL sections B, C, end D. Any r*=ad portions of the documents for which ordy part of the record is being withheld are being made available
' copying in the NRC Putsc Document Room, 2120 L Street, N.W., Washington, DC. in a fulder under this FOIA number and requester name.
COMMENTS l l
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HINKELMs9-291 pm o_
SIGNAT DIRECTOR, D ISI FREEDOM OF INFORMATION AND PUBLICATIONS SERVICES er ,
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" PART N.8- APPUCASLE EXEMPTIONS Records subject 19 tha riquest that are d scribed on the cnclosed Appendix (Is) ~ rrs being withheld ei their Entir;ty or in part under the Exemptions cnd forths rW. ions set f!rth below pursu:nt 13 5 U.S.C. 552(b) cnd 10 CFR 9.17(2) of NRC Regidations
- 1. The withheld information le properly classified purmaant to Executive Order (EXEMPTION Il
- 2. The withheld information relates solely to the intemet personnel rules and procedures of NRC. (EXEMPTION 2)
- 3. The withheld information is specifically exempted from pubhc disclosure by statute indicated: (EXEMPTION 31
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<i sections 141 145 of the Atomic Energy Act wtsch prohibits the disclosure of Restricted Data or Formerly Restrcted Data (42 U.S.C. 21612165).
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Section 147 of the Atomic Energy Act which protebets the disclosure of Unclassified Safeguarde information (42 U.SA 2167).
- 4. The withheid information is a trade socret or correnercial or financial information that is being withheld for the reasontal sidssted: (EXEMPTION 4) l The information le considered to be confidential business (proprietary) information.
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The information is considered to 'be proprietary mformation pursuant to 10 CFR 2.790(d)(1).
The information was submitted and received in confidence pursuant to 10 CFR 2.790(d)(2).
Y 5. The withheld information consists of interagency or eersagency socords that are not available through discovery durmg htigaten. EXEMPTION 51. Applicable Privilege:
Deliberative Process: Disclosure of predecis6onal oformation would tend to inhibit the open and frank exchange of ideas essential to the deliberative process.
Where records are withheld in their entirety, the f ar.:ts are inextreably intertwined with the predecisional 6nformation. There asso are no reasonably segregable f actuel h.0l
% mY portione because the release of the facts would permit en indirect inquiry into the predecisional process of the agency 9< Attorney work-product privilege. IDocuments prepared by an attorney m contempleton of htegation.)
d Attorney-client privilege. Confidential communications between an attorney and his'her chent.)
- 6. The withheld information is exernpted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. (EXEMPTION 0)
- 7. The withheld information consists of records compded for law enforcement purposes and is being withheld for the reassmts) mdcated. (EXEMPTION 7) k Disclosure could reasonably be expected to interiere with an enforcement proceeding because 11 could reveal the scope. drection. and focus of en.
4 forcement efforts, and thus could possibly allow them to take action to shecid potential wrongdoing or a violation of NRC recurements from mvestigators.
HII; EXEMPTION 7 IAll ,
y Dieclosure would constitute an unwarranted invason of personal privacy (EXEMPTION 7(Cl)
M The information consists of names of individuals and other information the disclosure of which could reasonably be enoected to revealidentities of g confidential sources IEXEMPTION 7 (Dil OTHER -
PART N. C-DENYING OFFICIALS Pursuant to 10 CFR 9.25(b) and/or 9 25 (c) of the U.S. Nuclear Regulatory Commission regulations, it has been determined 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 aerwal are those officiais identsfied below as denying offcials and the Director. Division of Freedom of Informaten and Pubhcations Services. Office of Admmistraton and Resources Management, for any densais that may be appepted to the Executive Director for Operations If DO).
DENYlNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SECRE T ARY EDO zw sk ass r se. Go Db db x l 1
PART N. D- APPEAL RIGHTS The denial by each denying offcialidentified 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 within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operstone or to the Secretary of the Commission.
U S. Nuclear Regulatory Commission, Washington. DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from en Initial FOIA Decision."
NRC FORM 464 (Port 2) U.S. NUCLE.AR REGULATORY COMMISSION
'***' FOIA RESPONSE CONTINUATION
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APPENDIX O RECORDS PARTIALLY WITHHELD _
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RECORDS MAINTAINED-IN THE PDR UNDER THE AB0VE REQUEST NUMBER NUMBER DATE DESCRIPTION l, WA ? WM h j
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July 3, 1989 Donnie Grimsley EREEDOM OF INFORMATION Director ACT REQUEST Division of FOI & Publications Services Office of Administration hg gg /
j Nuclear Regulatory Commission Washington, D.C. 20555 h 7-J -f RE: FOIA Request
Dear Ms. Griesley:
5 U.S.C. , 552, I request Pursuant to the federal Freedom of Information Act.
access to and copies of all correspondence in your files regarding the ac-quisition in 1987 of a nuclear fuel production plant in Erwin, Tennessee by Nuclear Fuel Services Ltd. (NFS Ltd.), an Atlanta-based limited partnership.
The FOI Act provides for a waiver or reduction of fees if disclosure I,as ancould inves-be considered as "primarily benefitting the general public."
tigative reporter employed by Atlanta Business Chronicle, and intend to use the requested information as the basis for an article, 1 The Erwin facility, which had previously been owned by Texaco Inc., had been the sole supplier of fuel to the U.S. Navy's atomic-powered fleet since .1957. [
When it was acquired by NFS Ltd, it thus became the only major nuclear busi- j ness in the U.S. to be owned by a limited partnership--a business arrangement often favored for its tax advantages and the limited liability of its in-i vestors.
At the time of NFS Ltd.'s acquisition of the Erwin facility, a number of peo-pie NRC.
voiced opposition to the proposed sale, which had to most politically-connected corporate chief tains, I am especially interested in any correspondence between: (a) NFS Ltd. investors and federal elected officials, and (b) federal elected officials and NRC officials regarding this matter.
If my request is denied in whole or in part, I ask that you I will justify also expectall dele-you tions by reference to specific exemptions of the Act, I, to release all reasonably segregable portions of otherwise exempt material.
of course, reserve the right to appeal your decision to withhold any informa-tion.
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'JUL 3 '89 11: 43' ABC ATLANTA PAGE.03
. Ms. Donnie Grimsley
! Page 2 1 l
As I am requesting this information as a journalist and the information is of timely value, I would appreciate your communicating with me by telephone, re-ther than mail, if you ha.ve any questions regarding this request. I look for-ward to your reply within 10 businses days, as the statute requires.
Thank you for your assistance.
Very truly ik o&ur Mic ael Hinkelman Contributing Writer cci Anita Sharpe, Editor, Atlanta Business Chronicle 4
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