ML20247F968

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Final Response to FOIA Request.App L/L Documents Encl & Available in PDR & Lpdr.App M/M Records Withheld in Part & App N/N Records Withheld in Entirety (Ref FOIA Exemption 5)
ML20247F968
Person / Time
Site: Pilgrim
Issue date: 05/23/1989
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Johnson G
SWIDLER & BERLIN
Shared Package
ML20245D175 List:
References
FOIA-88-198 NUDOCS 8905300240
Download: ML20247F968 (7)
v • d • e


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U.S UCLEAR REGULATORY COMMISSION NHC FOIA M QulM NUMBEN$1 qf  ! FOIA - )ffb/9f'

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I l ='at i RESPONSE TO FREED g essee / INFORMATION ACT (FOIA) REQUEST DOCAEi NUMB [Ri$1iff apphcetWel MAY 2 31989 M OUL5 t L R

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r PARTl.-AGENC ECORDERELEASED OR NOT LOCATED (See checked bones)

No agency records subsect to the request have been located.

No additional agency records subject to the request have been located Requested records are available through another public distnbution program. See Comments Section.

Agency records subsect to the eequest that are identsfied on Appendiates) are already available for pubhc mspection and copying in the NRC Pubhc Document Room 2120 L Street N.W. Washington. DC 20555 Agency records subiect to the request that are identified on Appendentes) b 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 this FOIA number and requester name.

The nonpropnetary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff es now being made available for pubhc inspection and copying at the NRC Pubhc Document Room 2120 L Street, N W,, Washengton, DC, in a folder undes this FOIA nutnber and reouester name Agency records sublect to the request that are identified on Appendiales) may be inspected and copied at the NRC Local Public Document Room identified in the Comments Section.

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Enclosed is information on how you may obtain access to and the charges for copying records placed m the NRC Pubhc Document Room, 2120 t St,eet N W ,

Washington. DC.

Agency records subsect to the request are enclosed Records 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 8 In View of NRC's response to this request, no further action is being taken on appeal letter dated . No PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain mformation in the requested records is teirg withheld f rom pubhc disclosure pursuant to the esemptions deschbed in and for the reasons stated in Part 11 sections B, C, and D. Any released portions of the documents for which only part of the record as being withheld are being made available for pubhc inspeChon and Copying in the NRC Pubhc Document Room. 2120 L Street, N.W., Washington DC. in a folder under this FOIA r.umbe' and requester name C ENTS . ,

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FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERfS) FOIA - NVY DAMAY 2 319M PART 11.8- APPLICABLE EXEMPTIONS Records subfect to the request that are described on the enclosed Appendiales) M gare being withheld in their entirety of in part under the Exemptions and for the reasons set forth below pursuant to 5 U S C. 5521b) and 10 CF 9.17(a) of NRC Regulations.

1, The withheld mformation is properly classified pursuant to Esecutive Order (EXEMPTION 1f

2. The wrthheld information relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 21
3. The withneld information is specihcally enempted from public disclosure by statute indicated (EXEMPTION 31 Sections 141 145of the Atomic Energy Act which prohibits the disclosure of Restocted Date or f ormerly Restrected Data 142 U $ C 216121E5)

Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards Information 142 U S C 2167)

4. The withheld #nformation is a trade secret or commerraal or financial information that is being withheld for the reason (s) indicated. (EXEMPTION 4)

The information as considered to be confidential business (propnetary) information The information is considered to be proprietary information pursuant to 10 CFR 2 790ddH1).

The information was submrtted and received in confidence pursuant to 10 CFR 2.7904dH2p I

'5. The withheld information consists of interagency or intraegency records that are not avadable through discovery during litigation IEXEMPTION 51 ApplicMble Pnvdege Deliberative Piocess. Disclosure of predecisional information would tend to enhibit the open and frank enchange of sdeas essential to the deliberative process.

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Where records are withheld in their entirety, the f acts are inextricably intertwined with the predecisionalinformation There also are no reasonably segregable f actual portions because the release of the f acts would permit an indirect inquiry into the predecisional pfocess of the agency

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Attorney work product privilege IDocuments prepared by an attorney in contemplation of litigation i Attorney - client pnminge (Confident 4al communications between an attorney and his her chent i

6. The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy (EXEMPTION 61
7. The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s) indicated. IEXEMPTION 7f Disclosure could reasonably be expected to interfere with an enforcement proceeding because it could reveal the scope. direction. and focus of en-forcement efforts. and thus could possibly allow them to tatie action to shield potential wrongdoing or a violation of NRC requirements from investigators E XEMPTION 7 (AH Disclosure wou'd constitute an unwarranted invassor of personal pnvecy (EXEMPTION 7tCil The information consists of names of individuals and other information the disclosure of which could reasonably be eauected to revealidenteties of confidential sources IE XEMPTION 7 (Oli OTHER PART H. C-DENYING OFFICIALS Pursuan to 10 CFR 9 25!bl and or 9 25 tc) of the U S N6. lear Regulatory Commission regulations it has been determined that the information withheld is enempt from production or disclosure. and that its production or dist.osure is contrary to the public interesi The persons responsible for the denial are those officials identified below as denying officials and the Director. Devision of Freedom of inf ormation and Publications Services. Of fice of Administration and Resources Management. f or any denials that may be appepied to the Ema;utive Director for Operanons (E DOI DENYING OFFICIAL TITLE /OF FICE PECORDS DFNIED APPELLATE OFFICIAL SE CRET ARY ECO
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&T gy w9 PART 11. D- APPEAL RIGHTS The denial by each denying official identified in Part 11 C may be appealed to the Appellate Of facial identified in that section. Any such appesi must be in writing and must be made within 30 days of receipt of this response Appeals must be addressed as appropnate te the Executive Director for Operations or to the Secretary of the Commession, U.S. Nuclear Regulatory Commission. Washington, DC 20555, and should clearly state on the envelope and in the letter that it es an " Appeal from an initial FOIA Decision.'

NRC FORM 464 (Part 2) U.S. NUCLEAR REGULATORY COMMISSION

" "' FOtA RESPONSE CONTINUATION

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