ML20247P340

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Second Partial Response to FOIA Request for Documents. Forwards App B Info,Also Available in Pdr.App C & D Records Withheld (Ref FOIA Exemptions 5 & 7)
ML20247P340
Person / Time
Issue date: 08/01/1989
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Airozo D
AFFILIATION NOT ASSIGNED
Shared Package
ML20247P344 List:
References
FOIA-89-256 NUDOCS 8908040143
Download: ML20247P340 (5)


Text

U.. MUCLEA REGULATORY COMM!$SiON NRC f oia Ht out bt NUMMRSf5)

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! b(f j RESPON E TO FREEDOWOT ime

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,1NFOftMATION ACT (FOIA) REQUEST g ; 1889

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}' AVG PART 4.- AGENCY RECORDS RELEASED OR NOT LOCATED (See cher Aed boxes)

No agency records subject to the request have been located No additeonet agency records autnect to the reauest have been rocated Recuested records are available through another ;;

  • mn program See Comments Section.

Agency records sub ert to the reauest that irre eaentihed on Appendentesi are already available for pubhc snspection and coppng in t* +

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.NRC Pubhc Document Room. 202t L Street. N W. Washington. DC 20555 Agenc y records subiect to ine recuent that are identified on Appendistest__

are being rnade avadable for pubhc inapt;ction and copying en Pe i

l NRC Pubhc Document Room. 2021 L Street. N W. Washington, DC, en a folder under this FOIA number and requestet name.

The nonpropnetary version of the proposaks) that you agreed to accept en a telephone conversation wrth a member of my sta'f es now being made available for put ;

mspection and copying at the NRC Put4 Document Room 202t L Street. N.W, Washington. DC, in a folder under this FOlA number and requester name.

Agency records subsect to the request that are identified on Aopend m test may be enspected and cop +d at the NRC Local Pubhc Document Room centd e:

an the Comments Section.

Enclosed is information on how you may obtain access to and the charges for copying records pieced in the NRC Pubhc Document Room. 20^1 L Street. N W

, Washingon. DC Agency re;ords subject to the request are enclosed f Records subsect to the reavest have been refened to another Federal agencybes) for review and direct respunse to you You will be bdled by the NRC for fees totakng $

In view of NRC's response to this request. no further action is being taken en appc l imer dated

. No PART 11. A-INFORMATION WITHHELD FROM PUBUC Ots. CLOSURE Certain informat.on in the reavested records is being withheld from put> tic disclosure pu suant to the enemptions (tescribed in and for the te asons stated m Pan r r

secteots B. C. and D Any rekased portions of the dbcuments for which onN part of the record ib beeng withheld ere treing made awadable for punhc inspec tica anc

> copying in the NRC Public Document Room. 2021 L Street. N W. Washington. DC. in a f o* der under thn F OIA number and requester name COMMENTS d

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AIROZDB9-256 PDR t;

SI RL DIREC DIVIS!

F IREEDOM OF INFORMATION AND PUBLICATIONS SERVICES

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FOIA -N N b DATE. AUG F 1 1989 FREEDOM OF INFORMATION ACT RESPONSE rOiA NUMBER 4S)

PART l1.8-APPLICABLE EXEMPTIONS Records subject to the request that are described on this enclosed Appendentes)

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_are being withheld in their entirety or in part under the Exernptions and for the reasons set forth below' pursuant to 5 U.S C. $52(b) and 10 CFR 9.17(a) of NRC Regulations.

1. The withheld information is properly Classified pursuant to Esecutive Order < EXEMPTION 11
2. The withheld information relates solely to the internal personnel rules and procedures of NRC (EXEMPT 9N 2)
3. The wethheld mformation is specifically esempted from public disclosure by statute indicated (EXEMPTION 31 Sections 141 145 of the Atomac Energy Act which prohibns the disclosure of Restricted Data or Formerly Restncted Data (42 U S C 21612105)

Section 147 of the Atomic Energy Act whr.h prohibits th0 disclosure of Unclassified SafeDuards information 442 U S C. 2167) 4, The withheid information is a trade secret or commercial or financisi eiformation that is being withheld for the reason (s) indicated (EXEMPTION 4)

The information is considered to be confidential business (proprietary mformation The mformation is considered to be proprietary information pursvunt to 10 CFR 2 790 ldh 11.

The mfoirestion mas submitted and re7 ved m cr,nfidence pursuant to 10 CFR 2.790idH2L o

5. The withheld information consists of interagency or intraagency recorcs that are not a.adable through discovery dunng htigation DEMPTION bl Apphcable Pnvilege:

Dehberatwe Process. Disclosure of predecisional information would *end to mhibe the open and frank enchange of ideas essential o the dehberative process Where records are withheld in their entirety, the facts are mntocably intertwined with the predetssionalinformation There a:so are no reasonably segregable f actual portions because the release of the f acts mround permet an endirect inouiry into the predecisional process of the agertcy l

Attomet work product pnvilege (Documents prepared by an attornev en contemplation of litigation i Attorney - chent pnvdege (Confidential communic aisons between an attorneg and his her thent )

6. The withheld information is exempted from pubhc disclosure because es desclosure would result in a clearty unwarranted invasion of personal pnvacy IEXEMPTION 6)

P 7, The withheld mformation consists of records compded for law enforcement purposes and is being withheld for the reason (s) indicated (E XEMPTION 7)

Disclosu e could reasonabfy be empected to anterfeve with an enforcement proceeding because it could reveat the scope. directeon. and focus of en-r forcement efforts aad thus could possibly allow them to take action to sNeid potentaaf wrongitoing or a violation o' NRC requirements from investigators i E xt MPTION 7 iAll Disclosure would constitute an unwarranted mvasion of personal pnvecy (EXEMPTION 7tCl)

The information co'isists of names of indwiduais and other information the disclosure of which could reasonably be emoected to revealidentities of confidential sources if XEMPTION 7 fDn OTHER PART li. C-DENYING OFFICIALS Pursuant to 10 Cf R 9 25tbl and or 9 25 (c) of the U S Nuclear Regulatory Commission regulations. it has been determined that the informat on withheld is enempt from production or disclosuee. and that its production or disclosure is contrary to the pubhc interest The persons responsible for the denial are Inose officials edentified below as denying officiais and the Director. Division of F reedom of information and Publications Services Office of Administration and Resources Managemer1 f or any densais that may t e appepted to the Esecutive Onector for Operations tEDOi DENYING OFFICIAL TITLE /OF FICE RECORDS DENIED APPELLATE OFFICIAL hL

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PART 11. D-APPEAL RIGHTS The demal by each denying officialidentifeed m Part 11 C may be appealed to the Appellate Officialidentif sd in that section. Any such appeal rnust be m wntmg and must be rnade withm 30 days of receipt of this respons* Appeals must be addressed as appropnate to the Emecutive Dwector 1or Operationey the Secretary of the Commission. Dl(

U S. Nuclear Regulatory Commission. Washington. DC 20555. and should clearfy state on the envelope end in the letter that it is an Appeal from an initial FOI A Decision."

NRC FORM 464 (Part 2)

U.S. NUCLEAR REGULATORY COMMISSION TO THE M f FCTOR CEWFl4 FOIA RESPONSE CONTINUATION

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