ML20248E786
| ML20248E786 | |
| Person / Time | |
|---|---|
| Issue date: | 10/04/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Shelton T FSM LEASING, INC. |
| References | |
| FOIA-89-407 NUDOCS 8910060008 | |
| Download: ML20248E786 (3) | |
Text
1 U.S. NUCLEAR REGULATORY COMMISSION mac toia atove si muwstass f
FOIA #df
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i RESPONSE TO FREED gjmit I l e^ariit i
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s INFORMATION ACT (FOlA) REQUEST OCT 4.1989
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[ ART 4.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checked boxes)
No agency records subject to the request have been located.
No additional agency records subsect to the request have been located.
Requested records are available through another public distribution program. See Comments Section.
Agency records subpect to the request that are identified on Appendialest are already available for public inspection and copymg in the l
NRC Public Document Room 2120 L Street N.W., Washington, DC 20555.
i Agency records subsect to the request that are identifeed on Appendiates) are being made available for public inspection and copying in the NRC Pubhc Document Room, 2120 L Street. N.W., Washmgton, DC, m a folder under this FOIA number and requester name.
The nonproprietary version of the proposalts) that you agreed to accept en a telephone conversation with a member of my staff is now bei g made available for pubhc inspection and copying at the NRC Pubhc Document Room 2120 L Street, N W., Washington, DC, in a folder undee this FOlA number and requester name.
Agency records subsect to the request that are identified on Appendimies) may be inspected and copied at the NRC Local Pubhc Document Room identified i
in the Comments Secten.
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Enclosed is information on how you may obtam access to and the charges for copyng records placed in the NRC Public Document Roorn. 2120 L Street. N W..
Washington, DC.
Agency records sub ect to the request are enclosed.
t Records subject to the request have been referred to another Federal agency (ies) for review and direct response to you.
You will be billed by the NRC for fees totaling 6 In view of NRC's response to this request, no further acten is being taken on appealletter dated No.
PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information m the requested records is being withheld from public disclosure pursuant to the enempteons described en and for the reasons stated m Part II, sections B. C, and D. Any released portions of the documents for which only part of the record es being withheid are being made available for pubhc mspection and copying in the NRO Pubhc Document Room 2120 L Street. N.W., Washington. DC.m a folder under this FOlA number and requester name.
COMMENTS
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FOIA - P9-gg 5f DATE00T 4 t 19n FREEDOM OF INFORMATION ACT RESPONSE rolA NUMBEASI:
PART tl.8-APPLICABLE EXEMPTIONS l
i Records subject to the reouest that are described on the enclosed Appendix (es) are being wnhheld in their entirety or in part under the Enernptions and for the reasons set forth below pursuant to 5 U.S C. 552(bl and 10 CFR 9.17(a) of NRC Regulations.
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- 1. The withheld mformation is property classified pursuant to Executive Order (EXEMPTION 1) i
- 3. The wethheld information relates solely to the internal personnel rules and procedures of NRC. (EXEMPTION 2)
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- 3. The withheld information is specifically enempted from public disclosure by statute indicated: tEXEMPTION 31 Sections 141 145 of the Atomic Energy Act which prohibsts the disclosure of Restricted Data or Forrnerly Restricted Data 142 U S C. 2161-21651.
1 Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information 142 U.S.C. 2167).
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- 4. The withheld mformaten is a trade secret or commerc,al or financialinformabon that is being withheld for the reasords) indicated: (EXEMPTION 4) g The information is considered to be confidential bus < ness (proprietary) informaton.
The information is considered to be propnetary information pursuant to 10 CFR 2.790(dH1).
The inforrration was submrtted and received in confidence pursuant to 10 CFR 2.790(dH2).
- 5. The withheld mformaten consists of mteragency or mtraagency records that are not availabie through discovery dunng litigation iEXEMPTION 5). Applicable Pnvilege:
I Deliberative Process' Disclosure of predecisenal information would tend to mhibit the open and frank enchange of ideas essential to the delioer6teve process.
Where records are withheld m their entsrety. the f acts are trustricably mtertwined with the predecisionalinformaton. There also are no reasonably segregable f actual portens because the release of the f acts would permit an indirect inquiry mte the predecisional process of the agency.
j Attorney worleproduct pnvilege. (Documents prepared by an attomey m contemplation of litigatica i Attorney-chent pnvilege confidential commun catens between an attorney and his'hes chent I
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- 6. The withheld information is exempted from pubhc disclosure because its disclosure would result in a clearly unwananted mvasion of personal pnvacy. (EXEMPTION 61 l
- 7. The withheld informaten consists of records compiled for law enforcement purposes and ta being withheld for the reason (s) indicated. (EXEMPTION 7) l Disclosure could reasonably be enpected to mterfere with an enforcement proceeding because it could reveal the scope. direction, and focus of en.
forcement eff orts. and thus could possibly allow them to take action to shield potent:a! weongdoing or a violaten of NRC requirements from mvestigators EXEMPTION 7 (All Disclosure would constitute an unwarranted mvasion of personal pnvacy (EXEMPTION 7(CH The mformation consists of names of individuals and other information the disclosure of which could reasonably be exoected to revealidentities of confidential sources (EXEMPTION 7 (DH OTHER PART 11. C-DENYING OFFICIALS Pursuant to 10 CFR 9 25tbl and'or 9 25 Icl of the U S Nuclear Regulatory Commission regulations, et has been determireed that the mformaton withheld is esempt from producten or disclosure and that its product on or disclosure is contrary to the public interest The persons responsible for the denial are those officials identified below as denying officials and the Onector. Divisie -> Freedom of information and Publicabons Services. Off#ce of Administ sten and Resources Management. for any deniais that may be appepied to the Esecutive O me for Opemirpis (EDOI DENYING OFFICIAL TM/ OFFICE RECORDS DENIED APPELLATE OFFICIAL
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PART 11. D-APPEAL RIGHTS The deniat by each denymg officialidentified in Part ll.C may be appealed to the Appellate Official ident:fied in that secten. Any such appeal must be in writing and must be mcde within 30 days of receipt of this response. Appeals must be addressed as appropnate to the Enocutive Director for Operations or to the Secretary of the Commission.
U.S. Wuclear Regulatory Commission. Washington, DC 20555. and should clearly state on the envelope and in the letter that it is an " Appeal from an initial FOIA Decision."
NRC FORM 464 (Part 2)
U.S. NUCLEAR REGULATORY COMMISSIO2 FO!A RESPONSE CONTINUATION
Re:
FOIA-F 9-4ld e/
APPENDIX _A I
RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION k $- ff f O/- S V' l$ A, f
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