ML20125B147

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Partial Response to FOIA Request for Documents Re Matter of Us Ecology,Inc.Forwards Documents Listed in App a Which Are Already Available in Pdr.Documents Listed in App B Withheld (Ref FOIA Exemption 6)
ML20125B147
Person / Time
Site: 02700039
Issue date: 06/17/1992
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Mester M
LATHAM & WATKINS
Shared Package
ML20125B151 List:
References
FOIA-92-71 NUDOCS 9212090227
Download: ML20125B147 (3)


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lI FOlA - 92-n

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RESPONSE TO FREEDOM OF" d( 7k )m l 'i"^'

ReseONSE TveE I)( l ' ART

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s I INFORMATION ACT (FOIA) REQUEST JUN 17 L*M N /

DOCKET NUMBE RISIIlf app /scablel LEQUESTE R Mr. Mark S. Mester PART I,- AGENCY RECORDS RELEASED OR NOT LOCATED (See checkedbones)

No agency records subject to the request have been located.

No additional agency records subject to the request have been located.

Rauested records are available through another puolic distribution program. See Comments section.

X Agency rrtords subject to the request that are identified in Appendix (es) A a,2 aiready availabie for public inspection and copying at the f4RC Pubbs Document Room,2120 L Street, N.W., Washington, DC.

Agency recorde' bject to the request that are identified b Appendix (es) are being made available for public inspection and copying at the NRC Pubt : Document Room,2120 L Street, N.W., Washington, DC,in a folder under this FOIA number.

The nonproprietary ve sion of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made availaole for public i ispection and copying at the N RC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

Agency records subject to the request that are identif Hrd in Appendix (es) may be inspected and copied at the NRC Local Public Document Room identified in the Corr.ments section.

Enclosed is information on how you may ot"ain access to and the charges for copying records located at the NRC Public Document Hoom,2120 L Street, N.W., Washington DC.

)( Agency records subject to the request are enclosed. Appendix B

)( Records subject to the request have been referred to another Federal agency (ies) for review and direct response *o you. g Fees

[' You will be billed by the NRC for fees totaknp $

'h You will receive a refund from the NRC in the amount of $

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

PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE C!rtain information in the requested records is being withheld frorn public disclosure pursuant to the exemplions described in and for the reasons stated in Part 11, B, C,and D. Any released portions of the documents for which only part of the record is being withheld are being made available for pubhc inspectiCS and CODying in the NRC Public Document Room,2120 L Street, N W., Washington, DC in a folder under this FDI A number.

K COMMENTS 9212090227 920617 PDR FOIA MESTER92-71 PDR SIGN UR E, DIR ECTOR,JHylSIO OF F REEDOM OF INFORMATION AND PUBLICATIONS SERVICES

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Pola hum 8tRist DATE RESPONSE TO FREEDOM OF

, y INFORMATION ACT (FOIA) REQUEST FOIA - 92-71 JW 171992 (CONTINUATION)

PART 11.5- APPLICABLE EXEMPTIONS R<scords subject to the request that are described in the enclosed Apperidix(es) O are being withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below pursuant to 5 U.S.C. 552(b) and 10 CF R 9.17(a) of NRC regulations.

1. The withheld eformaten is properly classified pursuant to Executive Order. (Exempt 6on 1)
2. The withheld mformaten relates solely to the mternal personnel rules and procedures of NRC (E xemption 2) 3, The withheld mformation is specifically esempted from pubhc disclosure by statute indicated. (Exemption 3)

M Sections 141 145 of the Atomic Energy Act, which prohibits the disclosure of Restr cted Data or Formerly Restncted Data (42 U.S.C. 21612165).

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Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

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4. The withheld eformation as a trade secret or commercial or financsal mformation that es being withheld for the reason (s) indicated. (Enemption 4) 3 The mformation rs considered to be conhdential busiciess (proprietaryl mformation M{

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The mformaten is cons.dered to be propteetary mformation pursuant to 10 CFR 2 790td (11 y%

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The mformaten was submitted and received m confidence pur suant to 10 CFR 2 790,dH2) j

5. The withheld mformaten consists of .ntetagency or mtraagency records that avr et a.adatae "irough discover, deng ht<gation (Enemption 51. Appbcabie Privdege; Deliberative Process Disclosure of predecisional mformat'on would tend . mhitot the open and trar4 enchangP of Mteas essential to the debbef abwe process

' Where records are withheid m thew entaety. the f acts are ineste.caciv mterteined *4th tne ptecis onal irdormation There also are no reasonaon seyegat9e tactua' portions because the telease of the f acts would permit an md> rect mous, into the predecisionai process or the agency Attorney work product rnvdege < Documents prep. red tsv an sto*ney it' c onternpsatisan i7f iet oit'on -

Attorney-ci ent prmlege. (Conf.dential communications between an attorney and his/her cleent,)

6 The withbeid informabon is esempted f om pubhc disclosure because its dwosare would eesuit in a cres, un*arranted invasion of personai privacy (Ememption 6)

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7. The withherd mformation consists of records compaed for law enforcement purposes and es bems w.thheid for the rasontsi mdaated (E xemption 7)

' Disclosure could reasortably be expected to mterfere with an enforcement proca-d.nq because it could reveal the swpe, direebon, and focus of enforcement efforts and thus could posotsy allow rec.pients to take action to shield putent.al wroegdomg or a violation of NRC requirements from mvest gatys (E memption 7 l Ah t

Disclosure would constitute an unwarranted inwavon of personai pr,vacy (Exemption 7(C))

The mformation cons sts of narnes d mom (tuais anit otwer mformanors the rtarrusuae at 6 %e n tourct eeasonans, t e ewec*.rt to revear ident=t es of conhdentian sources. (Exempt.on 7 (Du lOTHER PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25tbl and or 9 25tc) of tne U S. Nuclear Regu'ato*y Comrmss oe regvat int a he been determmed that the mformation withheid is enempt hom pro-duct.on or disclosuve. and that its product.on or d,sciosu er is contearv to the pubbe ime est itse persons remonthie for the deneas are those off,ciais utenti ers f below as denymg officia's and the D. rector. D+s+0n of Fmdom of Infarrnat<on and Pubhcat.ons Serv.ces. Off.ce of Admirustrat:en, for any dernais that may be appested to the Executive D rector for Operat.ons (EDO)

DENYING OFFICIAL TITLE >OF FICE RECORDS DENIED APPELLATE OFFICtAL EDO  ? SECRETARY C Robert Berrero Rirector. Off b nf Nuclear B/1 Y I Materials,- Safety and Safeguards PART 11. D- APPEAL RIGHTS The desal by each denymg official ider"ified in Part II.C may be appeated to the Appellate Official identified there. Any such appeat must be rade in wntmg withm 30 days of receipt of this response. Appeals must be addressed, as appropnate to the Executive Director for Operations. to the Secretary of the Commission, or to the inspector Genera!, U S. Nuclear Reiplatory Commissen, Washington, DC 20555. and should clesrly state on the envelope and in the letter that it is an -Appeal from an initial FOl A Decision?

NRC FORM 464 (Part 2) (191)- . U.S. NUCLEAR REGULATORY COMMISSION

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Re: FOIA-92-71 APPENDIX B

, RECORDS PARTIALLY WITHHELD l

l NUMBER DATE DESCRIPTION & EXEMPTION

!- 1. 3/28/86 NRC ltr from W. Dircks to Congressman -

Railsback re: L. F. Wiklund's ltr to the Congressman on public comments re: NRC's j review of an application to amend the

- license for Sheffield (7 pages) EX. 6

2. 8/6/86 Items of Interest re
Sheffield site (1
page) DELETED INFORMATION IS OUTSIDE l SCOPE OF REQUEST
3. 3/13/86 Items'of Interest-re: Sheffield site (2 pages) DELETED INFORMATION IS OUTSIDE SCOPE OF REQUEST
4. 8/19/86 Items of Irt rest re: Sheffield site (2 pages) DE W,~J INFORMATION IS OUTSIDE SCOPE OF REQUEST l

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