ML20247M724

Final Response to FOIA Request for Records.App a Records Encl.App B Records Withheld in Entirety (Ref FOIA Exemptions 5,6 & 7).W/o Encls

ML20247M724
Person / Time
Issue date:	05/26/1989
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Burhans J BURHANS, J.T.
References
FOIA-89-93 NUDOCS 8909260038
Download: ML20247M724 (4)

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FO. 93 niser. Tm

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RESPONSE TO FREEDOM OF

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INFORMATION ACT (FOIA) REQUEST MAY 2 61999 pe n as,,,,,1*

at outbt ta J:.hn T. Burhans PART t.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked bonest N3 ogency records subsect to the request have been located No additional egency records subrect to the request have been located.

Requested records are evadable through another public distnbution program. See Comments Section, are already available for public mspection and copymg m the Agency records subject to the request that are identified on Appendiales)

NRC Pubhc Document Room 2 t 20 L Street. N W.. Washington. DC 20555 are being made available for public mspection and copyeg m the Agency records subsect to the request that are identsfied on Appendistest N..C Pubhc Document Room. 2120 L Street, N W., Washington, DC, en a folder under this FOIA number and requester name-The nonproprietary version of the proposaltsi that you og'eed to accept 'n a telephone conversation with a member of my sta i

inspecten and copymg at the NRC Public Document Room 2120 L Street. N W., Washmgton. DC. m a folder undei this FOIA number an may be inspected and cop ed at the NRC Local Pubhc Document Room identified Agency records subsect to the request that are identifiedon Appendiatest an the Comments Section.

Enclosed is mformaton on how you may obtam access to and the charges for copymg records placed en the P.RC Pubhc Docume Washington, DC Agency records subiect to the request are enclosed.

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Records subject to the request have been referred to another Federal agencybes) for review and desert response to you 1

You will be billed by the NRC for fees totaling $

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No In view of NRC's response to this request, no further acten is bemg taken on appeal letter dated PART II. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information m the erQuested records is being withheld from publeC desclosure pu suant to the enemptons describe r

d sectens B, C. and D Any released portions of the documeris for which only part ut the record is being withheid are being made avail X

FOIA number and requester name Copying in the NRC Pubhc Document Room, 2120 L Street, N.W., Washington. DC in a foldet under this COMMENTS CThe records listed on Appendix A are enclosed.

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8909260038 890526 PDR FOIA PDR DURHANS89-93 MbD V

i TURE DIRECTOR. D V ION OF DOM OF IN (MATION AND PUBLICATIONS SERVICES 2

&A LDFiPS subiect. Autter. eranen chief, pr Director for AdministraisoneARu. Othe,: j(h g-D75TRisuTiON OFFICE >

ARM /DFIPS' AUTHOR ARMfDFIPS/FOtA BC ARM /DFIPSOD AR R

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I are being withhsid in thser entersty or in part undet the Rectifs tubject to th> vzouest that are described on the inclosTd Appsndest;siEntnptens end'fg

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't t. The wrthheld m'ormaten o property crasarfed pursu:nt to Esecutive Order (EXEMPTION 11

2. N withheld mf ormahon relates solely to the eternal personnel rules and procedures of NRC. (ExtMPTION 21 I.

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3. N withheld mformation is specifically esempt.d from pubhc disclosure by statute indicated (E xEMPTION 31 of the Atomic I"e'9y Act which prohibets the disclosure of Restr.Cted Date or Formerly Restricted Data (42 U S Sections 141 145 Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassihed Safeguards informaten 142 U S C, 21671 I

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4. The withheld informaten se a trade secret oa commercial or financial information that is being withheld for the reasontsi edic f

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The mformation is considered to be confidential business (proprietary mformateon.

The mformanon a considered to be propretary information 'ursuant to 10 CFR 2.790tdH1L The information was submrtted and received in confidence pursuant to 10 CFR 2 790tdH2L

5. The withheld miormaten conssts of mteragency or mtraagency records that are not available through discovery durag 3 Debberative Process: Desclosure of predecisionalinformation would tend to inhabst the open and frank enc X

Where records are wrthheld in thest enterety. the facts are vnestncably intertwined with the predecisional mf ormation. Th E

portions because the release of the facts would permit an induect mouiry mio the predecisional process of the Qancy.

Attorney wovk product prmlege IDocuments prepared by an attorney m contemplation of htigation i Attorney + client prmiege IConhdential communicauons tietween an attorney and his her chent i (Ex[MPfl0N 6)

6. The withheld mformaten a esempted from public disctosure because its disclosure would result m a clearly utsaarranted invasio l

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7. The withheld information consists of records compiled for law enforcement purposes and as being withheld for the re Disclosure could reasonably be espected to mterfere with an enforcement proceedag because it could reveal the scope. dir forcement etforts and thus could possibly allow themto take action to shield potent.at wrongdoing or a violation of NRC reauwem

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E ExtMPTION 7 (All f

Disclosure would constitute an unwarranted evasion of personal pnvecy IEKEMPTION 7tCil The mformation consists of names of endeduals and other information the disclosu.e of which covid reasonabi, be enoec conhdential sources tex (MPTION 7 (DH t'

OTHER PART N. C-DENYING OFFICIALS Pursuant to 10 Cf R 9 25tbl anda 9 25 ict of the U S Nuclear Regulatory Commission regulations. it has been determined tha fsom production or disclosure. and that its production or disclosure is contrary to the public mterest below as denymg othcoats and the Director. Dsveseon of Freedom of information and Pubhcations Services Of tice of A (eneals that may be appepled to the Esecutive D' rector for Operations (EDOI 1

l TITLE /OFF8CE RECORDS DENif 0 APPELLATE OFFsCIAL DENYING OFFICIAL S' C"" *"'

'D Regional Administrator RIII App. B X

1 A. Bert Davis 1

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P.4RT R. D-APPEAL RIGHTS The denial by each denymg officalidentifed m Part fl C may be appealed to the Appenate Official identifed m that s be made withm 30 days of receipt of this response. Appeats must be addressed as appropriate to the E secutive D lottial FOI A Decomrif U.S. Nuclear Regulatory Commenen. Wo.hington. DC 20555 and should clearly state on the envelope and m the letter that n U.S. NUCLEAR REGU(ATORY COMaatssK i

$(RC FORM 464 (Port 21 FOIA RESPONSE CONTINUATION

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APPENDIX A l

RECORDS RELEASED TO REQUESTER 11/1/88 Allegation Management System Sheet RIII-88-A-0053 (1 page) 1.

11/1/88 Allegation Management System Sheet RI!! A-0108 (1 page) 2.

7-A Re: f 0! A-' 89-93 APPENDIX

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RECORDS TOTAtt.Y WITHHELD NUMBER DATE

' DESCRIPTION & EXEMPTION 1.

Various. Dates A11~ records on Allegation RIII-86-A-0162 (This does not include. correspondence between e

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~the NRC and your client because we~ assume your client has copies of such correspondence)

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