ML20247E219

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Final Response to FOIA Request for Records.App a Records Available in Pdr.App B Documents Encl & Available in Pdr.App C Records Partially Withheld (Ref FOIA Exemption 4).App D Records Completely Withheld (Ref FOIA Exemptions 4 & 5)
ML20247E219
Person / Time
Issue date: 03/29/1989
From: Philips J
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To: Nucci K
DYKEMA, GOSSETT, SPENCER, GOODNOW & TRIGG
Shared Package
ML20247E222 List:
References
FOIA-88-591 NUDOCS 8904030004
Download: ML20247E219 (6)


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INFORMATION ACT (FOlA) REQUEST MM 2 9 W

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PART l.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes) i No agency records subject to the request have been located.

No additional agency records sub ect to the request have been located.

l bquested records are available through another pubhc distnbution program. See Comments Section.

Agency records sub ect to the request that are ideritified on Appendialest are already available for pubhc mapection and copying m the l

NRC Public Document Room 2120 L Street. N W., Washmoton. DC 20555 Agency records sab ect to the request that are identified on Appendiatest h

are being made available for pubhc mspection and copying in the l

NRC Public Document Room. 2120 L Street. N.W., Washmgton. DC, m a folder under this FOLA number and requester name.

The nonpropnetary vers or of the proposalls) that you egreed to accept m a telephone conversation with a member of my staff is now bemg made available for public inspection and copying at the NRC Pubhc Document Room 2120 L Street. N W., Washsngton, DC m a folder undes this FOIA number and requester name.

Agency records subs ct to the request that are identified on Appendulesi may be inspected and copied at the NRC Local Public Document Room identified e

m the Comments Section, Enclosed is information on how you may obtain access to and the charges for copyog records placed in the NRC Pubhc Document Room. 2120 L St'eet. N W.

Washington, DC.

Agency records subsect to the request are enclosed.

Ncords subject to the request have been referred to another Federal agencybest for review and direct response to you.

You will be billed by the NRC for fees totahng $

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in view of NRC's response to this request, no further action if being taken on appeal letter dated

. No PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information m the requested records is being withheld f rom pubhc disclosure pursuant to the enemptions described in and for the reasons stated in Part li, sections B. C and O. Any released portions of the documents for which only part of tne record ts bemg withheld are bemg made atadable for pubhc inspection and copying m the NRC Pubhc Document Room. 2120 L Street N W. Washington, DC. in a folder unde 6 this FOI A number and requester name COMMENTS sszpJ A 7ps '

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L 9 r-SIGNATURE, DIR fCTORjDIVISION OF FREEDfM OF 1/ORMATION AND PUBLICATIONS SERVICES LJ 8904030004 890329

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NUCCI88-591 PDR l


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DATE. MAR 2 9 1989 FREEDOM OF.lNFDBMATION ACT RESPONSE rolA NUMBER (st PAR?4 3-APPLICAf1E EXEMPTIONS Ncords subject to the request that are described on the enclosed Appendixfes)

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_are being withheld in their entirety or in part under the Exemptions and for the reasons 6et forth below pursuant to 5 U S.C. 552(b) and 10 CFH 9.17(a) of NRC Regulations.

1. The withheld mformation is property classified pursuant to Execuhve Order (EXEMPTION 1)
2. The withheld information relates solely to the intemal personnel rules and procedures of NRC. (EXEMPTION 21
3. The withheld information is spectfecally exempted from pubhc disclosure by statute indicated. (EXEMPTION 31 Sections 141 145 of the Atomic Enesgy Act which prohibits the disclosure of Restncted Data or Formerly Restncted Data (42 U S C. 21612165l.

Section 147 of the Atomic Energy Act which prohibsts the disclosure of Unclassified Safeguards information 142 U.S C. 2167).

4. The wrthheld mformation is a trade secret or commercial or financial information that is bemg withheld for the reason (s) indicated. (EXEMPTION di The information is considered to be confidential busmess (propnetary) itsformation.

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

The information was submitted and received m confidence puisuant to 10 CFR 2.790idH21.

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5, the withheld mformatsun consists of mteragency or intraagency records that are not available through discovery dunng litigation (EXEMPTION 51 Applicable Pnvilege; Deliberative Process. Disclosure of predecisional mformation would tend to snhetat the open and frank exchange of ideas essential to the dehberative process.

Where records are withheld in their entirety, the f acts are inestncabey intertw ned with the predecisionalIrdormation There also are no reasonably segregable f actual portions because the release of the f acts would permit an sndirect inquiry into the predecisional process of the agency.

Attorney work product pnwiege (Documents prepared by an attorney m contemplation of htigation i Attorney -client privilege (Confidential communications between an attorney and his her chent I q

6. The withheld info <mation is enempted from pubhc disclosure because its disclosure would result m a clearly unwananted evasion of personal pnvecy. IEXEMPTION 61 i
7. The withheld information consists of records compiled for law enforcement purposes and as being withheld for the reason (s) indicated. (EXEMPTION 7)

Disclosure could reasonably be expected to interfere with an enforcement proceedmg because it could reveal the scope. direction, and focus of en-forcement of forts. and thus could possibly allow them to take action to shield potential wrongdomg or a violation of NRC requirements from evestigators EXEMPTION 7 lAll Disclosure would constitute an unwarranted mvasion of personal pnvacy (EXEMPTION 7tC))

The information consists of names of mdividuals and other information the disclosure of which could reasonabtv be ekDected to reveal identsties of

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confidential sources (E XEMPTICN 7 400 OTHER PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25lb) and or 9 25 tc) of the U S Nuclear Regulatory Commission regulat#ons. it has been determmed that the mformation withheld is esempt 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 denymg officials and the Director. Division of Freedom of information and Pubhcations Services Of fice of Administration and Resources Management. for any denials that may be appepted to the Executive Director for Operations (EDOI DENYlNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL W

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J PART li. D-APPEAL RIGHTS The dinial by each denying officialidentified in Part ll.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in wnting and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washengton, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

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APPENDIX A RECORDS MAINTAINED APONG PDR FILES NUMBER DATE DESCRIPTION

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