ML20247R718

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Final Response to FOIA Request for Records.Releasable Portions of App a Record Encl.App a Records Partially Withheld (Ref FOIA Exemption 5)
ML20247R718
Person / Time
Issue date: 09/26/1989
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Milner C
INPUT, INC.
Shared Package
ML20247R722 List:
References
FOIA-89-350 NUDOCS 8910020054
Download: ML20247R718 (3)


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U.S. NUCLEAR REEULATORY COMMISSION wuc r osa M out si Nuust %si FOIA 33~c m.

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  • RESPONS O FREED O X inaa' l l ==

s INFORMATION ACT (FOIA) REQUEST SEP 2 bl989 s ..e DUCKET NUMBER ($1(# apphcatWel NEQUL6 f L R nh.

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[AR'T't.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boaes)

No spency s scords subject to the request have been located.

N) addw al agency records subsect to the request have been located.

Requested records are available through another public distributum program. See Comments Section.

Agency records subsect to the request thet are utentifed on Appendiales) are already available for public inspection and copying m the

, NRC Public Document Room 2t20 L Street, N.W., Washmgton DC 20555 Agency reco*ds subtect to the request that are identified on Appendistes) are being made available for public inspection and copying in the NHC Public Document Room. 2120 L Street N.W,, Washmgton, DC, in a folder under this FOIA number and requester name.

The nonproprietary version of the proposatts) that you egreed to accept in a telephone conversation with a member of my staff is now being made available for publec inspect #on and copymg at the NRC Public Document Room 2120 L Street. N.W Washengton DC, m a folder undes this FO!A number and requester name.

Agency records subi ect to the request that are identified on Appendialest may be inspected and copied at the NRC Local Publec Document Room identif ed in the Comments Section.

Enclosed is information on how you may obtam access to and the charges for copymg records placed in the NRC Public Docuinent Room, 2120 L Street N W.,

Washington DC.

Agency records subject to the request are enclosed. [

Records subiect to the request have been referred to another Federal agency (ses) for review and direct response to you.

You will be billed by the NRC for fees totanny!! 6 J'- -f/)

In view of NRC's response to this request, no further action is being taken on appealletter dated No.

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain mformation m the requested records is bemg withheld from public disclosure pursuant to the enemptions described m and foi the reasons stated m Part 14.

sections B. C, and D. Any released portions of the documents for which only part of the record es being withheld are being made available for public mspection and Y copying in the NRC Publec Document Room,2120 L Street. N.W., Washington, DC.m a folder under this FOIA number and requester name.

CbMMENTS ,

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6<~de 8910020054 890926 PDR FOIA MILNER89-350 PDR SIG ' TURE, DIRECTOR. IVISION F FREEDOM OF INFORMATION AND PUBLICATIONS SERVICES

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FREEDOM OF INFORMATION ACT RESPONSE' rOIA NUMBER (St FOIA - 79. Syw DATE:SEP 2 bl939 PART H.8- APPLICABLE EXEMPTIONS Rxords subnct to the esquatt thIt Era descrsbsd on the enclosed Appendix (ss) gra being withheld in their entirety or in ptrt undIr the Mmptions and for the reasons set forth below pursuant to 5 U S.C. 552(b) and 10 CFR 9.17(a) of NRC Regulat ans..

1. The withheld information is property classifeed pursuant to Esecutsve Order (EXEMPTION il
2. The withheld information relates solely to the intemal personnel rules and procedures of NRC. (EAEMPTION 2)

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3. The withheld informaten is specifically exempted from public disclosure by statute indicated. (EXEMPTION 3)

Sections 141145 of the Atomec Energy Act whch prohibits the disclosure of Restncted Data or Formerly Restrcted Data (42 U.S C. 21612165).

Secten 147 of the Atome Energy Act which prohibits the disclosure of Unclassified Safeguards information 142 U.S.C. 2167).

4. The withheld information is a trade secret of commercial or fmancialinformaten that is bemg withheld for the reasonist indicated: (EXEMPTION 4)

The information is considered to be confidential busmess (propnetary) mformation.

The information is considered to be propnetary information pursuant to 10 Cm 2.790tdH11 The informatann was submitted and received i1 confidence pursuant to 10 CFR 2.790(dH2).

f 6. The withheld infou.istion consists of mteragency or intraegency records that are not available through discovery during litegaten. (EXEMPTION 54. Applicable Privilege:

Deliberative Process: Disclosure of predecisermal mformation would rend to mhibit the open and frank exchange of Kleas essential to the deliburstive proces9.

Where records are wrthheld in their entirety, the f acts are mentrcabiy mtertwined with the predecessonalinf ormatien. There also are no reasonably segregable f actual portions because the release of the f acts would permit an mdirect mouiry mto the predecesenal process of the agency.

Attorney work-product pnvilege (Documents prepared by an attome, e contemplation oi htigation I Attorney-client pnvilege (Confidential communcahons between an attorney and his'her cl.ent )

6. The withheld informaten is enempted from pubic disclosure because its disclosure would result in a clearly unwarranted mvason of personal pnvacy. (EXEMPTION 6)
7. The withheld mformanon consists of records compiled f.>r law enforcement purposes and is bemg withheld for the reason (s) mdicated. (EXEMPTION 7)

Disclosure could reasonably be empected to mterfere with an enforcement proceeding because d could reveal the scope directen. and focus of en-f orcement efforts. and thus could possibly allow them to take actson to shield potential wrongdoing or a violation of NRC requirements frominvestigators EXEMPTION 7 IAH Disclosure would constitute en unwarranted mvasion of personal pnvecy (EXEMPTION 7tCH The mformaten consists of names of mdividuals and other enformaten the disclosure of wheCh could reasonably be expected to revealidentstats of confeder tial sources (EXEMPTION 7 (DH OTHER PART H. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25fb) and/or 9 25 tc) of the U S Nuclear Regulatory Commissen regalatens. at has been determined that the mformation withheld is exempt from production or desclosure. and that its production or disclosure es contrary to the public mterest The persons responsible for the densal are those offcials identifed below as denyrg offcials and the Director. Division of Freedom of informaten and Publicanons Services. Office of Administrated and Resources Management. for ans d3msts that may be appepted to the Emecutive Daector foi Operations 4ED01 DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SE CRET ARY EDO Dd% %, Sam &n i!

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PART H. D- APPEAL RIGHTS The denial by each denymg offcialidentified in Part fl C may be appealed to the Appellate Offcialidentified an that section. Any such appeal must be in writing and must be made withm 30 days of receipt of this response Appeals must be eedressed as appropriate to the Executive Director for Operatens or to the Secretary of the Commission.

U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearty state on the envelope and an the letter that it is an Appeat from en initial FOIA Decisera."

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

"* FOlA RESPONSE CONTINUATION

j Re: FOIA- 79-8fd APPENDIX //

RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION W

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