ML20237J790

Partial Response to FOIA Request for Documents on Proposed Rulemaking Re Radiation Therapy QA & Penalties for Negligence.App a Documents Totally Withheld (Ref FOIA Exemption 5)

ML20237J790
Person / Time
Issue date:	08/12/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Potter J NUCLEAR LICENSING REPORTS
References
FOIA-87-403 NUDOCS 8708180340
Download: ML20237J790 (3)

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U.S, NUCLEAR RE20LATORY COMMISSION k

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(e.e "AUG 131987 INFORMATION ACT (FOlA) REQUEST l

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DOCKET NUMeERtS) #1 spacae.W

b. O h To b PART 1.-RECORDS RELEASED OR NOT LOCATED (See checkedbones)

No opency records subW to the request have been located.

No additenal egency recorde subpoet to the request have been located.

Agency records subpoet to the request that are identifed in Appendsm are already available for public inspection and copying in the NRC Public Document Room, 1717 H Street, N W., Washington, DC.

Agency records subpect to the request thet are identifed in Appendim ere being made available for public inspection and copying in the NRC Public Docurnent Rcom,1717 H Street, N.W., Washington, DC, in a folder under the FOIA nurnber and requester name.

The nonproprietary version of the proposaHs) that you agreed to accept in a telephone conversation wrth a member of my staff is now being made avaisbie for public hopection and coymg at the NRC Public Document Room,1717 H Street. N.W., Washington, DC, in a folder under the FOIA number and requester name.

Enclosed is information on how you may obten access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Weehingeon, DC.

Agency records subpect to the request are enclosed. Any applicabie charge for copese of the records provided and payment procedures are noted in the commente secton, s

itecords subject to the request have been referred to another Federal agencytes) for revow and direct response to you.

In view of NRC's response to the request, no further action is teing taken on appeal letter dated PART II.A-INFORMATION WTTHHELD FROM PUBLIC DISCLOSURE Certen information in the requested recorda is being withheid from public deciosure pursuant to the FOIA exemptions described in and for the reasons stated in Part !!. sec-

[ tiors B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made evailable for public inspection and copying in the NGC Public Document Room,1717 H Street. N.W., Washington, DC, in a folder under this FOIA number and requester rierne.

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OgtGf.E. DIRECTOR, I SiON LES AND RECORDS FWMN.

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O3 FZEEDOM OF INFO %MATION ACT RESPONSE FOlA NUMBER (S):

DATE:

PART 118-APPLICABLE FOIA EXEMPTIONS I

Records subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under FOIA Ex:mptions and for the reasons set forth below pursuant to 6 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

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1. The withheld infortnation a property daestfied pursuant to Executwo Order 12356 (EXEMPTION 1)

2. The wrthheld information relates so6ety to the internal personnel rules and procedures of NRC. (EXEMPTION 2) j

3. The wthheid 6nformat6on is specificacy enempted from pubhc disclosure by statute indicated: (EXEMPTION 3)

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l Secten 141146 of the Atomic Energy Act wh ch prohibrts the declosure of Restricted Data ior Formerty Restncted Data (42 U.S.C. T61-2166).

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l Secten 147 of the Atomic Energy Act whech prohatmu the disclosure of Unclassrfed Safeguards informaton (42 U S.C. 2167),

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4. The wrthheld information is a trade secret or commercial or financial information that is being withheld for the reasords) endicated: (EXEMPTION 4)

The information is considered to be confidential bus ness (propnetary) informators.

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The information is consadored to be propnetary information pursuant to 10 CFR 2.790(d)(1).

The information was submrtted and receeved in confidence from a foreign source pursuant to 10 CFR 2.790(dK2).

5. The withheld information consists of mteragency or intraagency records that are nta avadable through discovery Junng htigation. Declosure of predecisional informaten X

would tend to inhibit the open and franit exchange of ideas essential to the deliberative process. Where records are wthheld m their entirety, the facts are inextricably btertwned wth the predecesonal mformaten. There also era no reasnnably segregable factual portions because the release of the facts would permit an indarect mousry into the predecmonal process of the agency. (EXEMPTlON b)

6. The wthheld information is exempted from public deciosure because its disclosure would result in a clearly unwarranted mvason of personal privacy. (EXEMPTION 61 I

7. The withheld information consists raf investigatory records compiled for law enforcement purposes and is bemg withheld for the reason (s) indicated. (EXEMPTION 7) j Disclosure would interfere wth an enforcement proceedmg because it could reveal the scope, direction. and focus of enfurcoment efforts. and thus could possibly allow them to take action to shield potental wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7tA))

Declosure would constrtute an unwarranted invesen of personal privacy (EXEMPTION 7(Cl)

The mformation consists of names of mdsvidusts and other information the disclosure of which would reveal identities of confidential sources. (EXEMPTION 7(D))

PART ll C-DENYING OFFICIALS Pursuant to 10 CFR 9.9 and/or 9.15 of the U.S. Nuclear Regulatory Commmaion regulatons, it has been determined that the information withheld is exempt from producten or disclosure, and that its production or decloewe is contrary to the putdec Interest. The persona responsible for the denial are those offscaals identifed below as denying officials and the Detector, Devicen of Rules and Records, Office of Admmistraten, for any densats that may be appealed to the Executwo Director for Operations stoot DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SECRETARY EDO MLhm h

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\\1 PART 14 D-APPEAL RIGHTS The denial by each denying official identified in Part ll C may be appealed to the Appellate Official identified in that section. Any such appeat must be in writin0 and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to ttu Secretary of the Commission, U.S. Nucteer Regulatory Commission, Washington, DC 20555, and shnutd clearly state on the envelope and in the letter tint it is an "Appsat from an Initial FOIA Decmion."

tc tow ese leert 8 U.S. NUCLEAR REGULATORY COMMISSION e ssi FOIA RESPONSE CONTINUATION

Re:

f01A.87 403 APPENDIX A RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION 1.

11/24/86 Routing slip, to M. Lesar, from N. McElroy.

Subject:

Draft I

Comission Paper, " Radiation Therapy: Quality Assurance and Penalties for Negligence" (1 page).(Ex. 5) t 2.

11/24/86 Memorandum, for P. Norry, from R. Cunningham.

Subject:

Request for Coment and Concurrence on Advance Notice of Proposed Rulemaking:

l Radiation Therapy Quality Assurance and Penalties for Negligence (2 pages).(Ex. 5) i 3.

11/28/86 Memorandum, for J. Davis, from V. Stello.

Subject:

Control of NRC Rulemaking (1 page). (Ex. 5) 4.

12/4/86 Memorandum, for R. Cunningham, from P. Norry.

Subject:

Radiation Therapy:

Qualit marked coments)y(25 pages). (Ex. 5) Assurance and Penalties for Neg l

i 5.

12/24/86 Memorandum, for P. Norry, from R. Cunningham.

Subject:

Request for concurrences on Comission Pa for Negligence (3 pages).(Ex. 5) per: Quality Assurance and Penalties 6.

1/5/87 Memorandum, for R. Shelton, from M. Lesar.

Subject:

Request for Comment / Concurrence on the Basic Quality Assurance in Radiation Therapy Final Rule (1 page) (Ex. 5) 7.

1/6/87 Memorandum, for R. Cunningham, from P. Norry.

Subject:

Radiation Therapy:

Quality Assurance and Penalties for Negligence (with RPR marked coments) (71 pages),(Ex. 5) 8.

1/9/87 Memorandum, for J. Davis, from J. Murley.

Subject:

Concurrence and Coment on Comission Paper: Quality Assurance and Penalties for Negligence (4 pages).(Ex. 5) 9.

2/11/87 Memorandum, for M. McElroy, from M. Lesar.

Subject:

Misadministration Rulemakings (with RPB marked comments)

(7 pages). (Ex. 5) 10.

4/30/87 Memorandum, for M. Lesar, from R. Cunningham.

Subject:

Misadministration (1 page). (Ex. 5) 11.

5/14/87 Memorandum, for R. Cunningham,(with RPB marked coments (

from W. Mcdonald.

Subject:

Misadministration Rulemakings

. (Ex. 5) 12.

6/30/87 Routing slip, to M McElroy, from M. Lesar.

Subject:

SECY 87-29A (1 page). (Ex. 5) 13.

7/15/87 Summary of coments received from members of the Advisory Committee on the Medical Uses of. Isotopes on the Misadministration package w/ comments. (400 pages). (Ex. 5) i