ML20235V399

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Requests Listed Info to Assist in Determining Whether Doe/ NRC Forms 741 & 742 Should Be Withheld from Public Disclosure Through Responses to FOIA Requests,Per FOIA Exemption 4
ML20235V399
Person / Time
Site: 07001374
Issue date: 06/19/1987
From: Macdonald C
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
AFFILIATION NOT ASSIGNED
Shared Package
ML20235V358 List:
References
NUDOCS 8707230159
Download: ML20235V399 (1)


Text

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  1. o UNITED STATES g

8 g NUCLEAR REGULATORY COMMISSION e wAsmNGToN, D. C. 20686 B

g / June 19, 1987 Gentlemen:

Recently, we have received several Freedom of Information Act (FOIA) requests for DOE /NRC forms 741 and 742 or information contained on the forms. These forms are submitted by your company to the NRC pursuant to the Commission's regulations.

Under the provisions of the FOIA, the NRC must determine whether these forms, or portions thereof, should be withheld from public disclosure because they contain confidential business (proprietary) information. Therefore, we need information from you to assist us in determining whether these forms fall within l- Exemption 4 of the FOIA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Commis-sion's regulations. Please answer for information supplied on each form, the following questions in sufficient explanatory detail to permit NRC to arrive at a determination.

1. Was the information transmitted to, and received by, the NRC in confidence?

Please give details.

2. To the best of your knowledge, is the information currently available in public sources?
3. Does your company customarily treat this information', or this type of information, as confidential? Please explain why.
4. Would public disclosure of the information be likely to cause substantial harm to the competitive position of your company? If so, how?

Please also indicate if the information provided in either of these forms has been classified pursuant to an executive order or is considered unclassified safeguards information as defined in 10 CFR 673.21.

The FOIA and the Commission's regulations require that "any reasonably segre-gable portion of a record shall be provided to any person requesting such record I after deletion of the portions which are exempt under this section." Your response to this letter should, therefore, also indicate your position as to which, if any, portions of these forms may be publicly disclosed. j Please provide your responses to these questions no later than July 24, 1987.

Sincerely, Charles E. MacDonald, Chief Transportation Branch .

Division of Safeguards and Transportation Office of Nuclear Material Safety 230159 870717 ADOCK 0700 4 and Safeguards

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