ML20234B513

Final Response to FOIA Request for Performance Indicators for Operating Commercial Nuclear Power Reactors, Quarterly Rept for Quarter Ending June 1987.App a Document Withheld (Ref FOIA Exemption 5)

ML20234B513
Person / Time
Issue date:	09/17/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Jordan B MCGRAW-HILL PUBLICATIONS CO.
References
FOIA-87-578 NUDOCS 8709180444
Download: ML20234B513 (3)

Text

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U.S. NUCLEAR REoULAToRY CoMMISSloN NRc FOIA REQUEST NUMBERiSI F0!A-87-578 l

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S INFORMATION ACT (FOIA) REQUEST SEP 171987 ee...

DOCKET NUMBERtS) ur oppocaces l

REQUESTER Mr. Brian Jordan l

PART 1.-RECORDS RELEASED OR NOT LOCATED (See checked boxes!

l No agency records subsect to the ocpasst have been located.

l No additonal agency recorde subinet to the request have been located.

Agency records subsect to the roomst that are identified in Appendix are already available for public inspection and copying in the NRC Public Document Room.

1717 H Street, N.W., Washangton. DC Agency recorda subrect to the re@sst that are idel#rfied in Appendix are being made avadable for public irispection and copying in the NRC Public Document Room,1717 H Street, N.W., WasNngton DC, it' a folder under this FOIA number and requester name.

The nonproprietary version of the proposalisi that you agreed to accept in a telephone conversaten with a member of my staff is now being made avalable for public inspection and cuying at the NRC Public Docunent Roorn,1717 H Street, N W, Washington, DC in a folder under the FOA number and requester name.

Enclosed is information on how ya, may otr.ain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street. N.W., Washington, DC Agency records subject to the reamst are enclosed. Any applicable charge for copies of the records provided and payment procedures are noted in the comments section.

Records subject to the request has been referred to another Federal agency (ies) for review and direct response to you.

in view of NRC's response to this W. no further action is being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLO3URE a

Certain informaton in the roguesad records is being withheld from public disclosure pursuant to the FOIA enemotons descnbed in and for the reasons stated in Part II, sec.

X tions B, C, and D. Any re4 eased porcoru of the documents for which only part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room.1717 H Street N W., Washmgton, DC. en a folder under this FOIA number and requester name.

Comments The subject document will be placed in the Public Document Room after Commission approval of the Policy for Use of Performance Indicators presented in SECY-87-207.

0709100444 070917 PDR FOIA JORDANB7-578 PDR A

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s NRC FORM 464 tPw1 i ts as:

87-578 FREEDOA4 OF INFORMATION ACT RESPONSE FOIA NUMBERISI:

04T, PART ll 8-APPLICABLE FOIA EXEMPTIONS R cods subject to the request that are described in the enclosed Appendices A

e,e being withheld in their entirety or in part under FOIA Exernptione,and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9.5(a) of NRC Regulations.

I L The withhe6d information is property claserhed pursuant t Ele:utrre Order 12356 (EXEMPTION 11

2. The withheld information relates so6ely to the intamal personnel nase and procedures of NRC. (EXEMPTION 2)

3. The wthheld information is specifically exampted frorn public doctosure by statute indicated: IEXEMPTION 3)

Section 141146 of the Atoms Energy Act which proNtxts the dec60sure of Restncted Data'or Formerly Restricted Data I42 U.S C. 216121eSL l

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Section 147 of the Atomic Energy Act wNch prohibsts the deciosure of Unclassified Safeguards information (42 U S.C. 2167).

4. The withheid information is a trade secret or commertaal or financial efformaten that is being withheld for the reason (s) indicated. (EXEMPTIO*e 4)

The inforrnation is considered to be confidentist business (propnetary) information.

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The information is considered to be propretary information pursuant to 10 CFR 2.790(d)(II.

The information was submitted and receeved in confidence from a foreign source pursuant to 10 CFR 2.790(d)(2).

5. The witfeeld information consists of interagency or intraagency records that are not available through discovery dunng litigation Osclosure of predeceaonal information would tend to inhibst the open and frank exchange of ideas essenthal to the deliberative process. Where records are wthheld in the r entirety, the facts are inextricably X

intertened wth the oredecisional informouon. There sieo are no reasonably segregable factual portions because the ro6 ease of the facts would permit an indirect inqury into the predeciosonal process of the agency. (EXEMPTION 5)

6. The withheid informanon is esempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. iEXEMPTION 61

7. The withheld in'ormation coreists of investigatory records comoded 6r law enforcement purpcess and is being withheld for the reasonist indscated. (EXEMPTION 7)

Disclosure would interfere with an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts. arid thua could possibly allow them to take action to sNeld potential wrongdoing of a violation of NRC requirements from investigators. (EXEMP' TION 7l AD l

C.T Declosure would constitute an unwarranted invasion of personal pnvacy (EXEMPTION 7(C))

The information consists of names of individuals ard other informeten the disclosure of which would reveal ident' ties of confidential sources 1 EXEMPTION 7(Dil

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PART li.C-DENYING OFFICIALS Pursuant to 10 CFR t.9 and/or 9.15 of the U.S. Nuclest Regulatory Commason regulations, it has been determined that the information withheld is exempt from prt@ctmn or discicouro, and that itsGoduction or disclosurt is contrary to the g,ublic interest. The persons responsible for the denial are those officials identified below as denyeg offcats and the Dr'l Owe.on of

a. and Recorde, oes of Adminstration for any deniais tnet may be appealed to the Executive Director for Operations tiooi.

DENylNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL Director' Office for I

5'c" Mr. Edward Jordan Appendix A X

I Analysis & Evaluation C f Operational Data l

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i PART li D-APPEAL RIOHTS Ths denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing 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

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the Secretary of the Commission, U.S. Nuclear Regulatory Comrnission, Washington, DC 20565, and should clemly state on the ervvelope and in the letter j

thtt it is an " Appeal from an bitial FOIA Decision."

,sme co m eseIrert21 U.S. NUCLEAR REGULATORY COMMISSION

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raase FOlA RESPONSE CONTINUATION 1

Re:

F01A-87-578 i--

APPENDIX A RECORDS TOTALLY WITHHELD I

EXEMPTI0fl 5 i

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Quarterly Report, August 1987 - Data Through June 1987 -

" Performance Indicators for Operating Comercial Nuclear Power Reactors" - Parts 1 and 2.

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