ML20247N194
| ML20247N194 | |
| Person / Time | |
|---|---|
| Issue date: | 05/19/1989 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Elliott C BROSE & POSWISTILLO |
| Shared Package | |
| ML20247N201 | List: |
| References | |
| FOIA-88-168, RTR-NUREG-CR-4025 NUDOCS 8906050264 | |
| Download: ML20247N194 (4) | |
Text
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U.S. NUCLEAR RE!ULATORY COMMISSION wac roia awVWT NUMbkRS)
- I
( RESPOfvSE TYPE g
[i RESP E To FREEDO OF KXjn~at l Pamt
'INFORMATION ACT (FOlA) REQUEST MAY 191989
' % .e.e DOCKLt NuMULRtSt tle apolocatdel REOul$tkR Charles W. Elliott, Esquire PART l.- AGENCY RECORDS RELEASED OR NOT LOCATED (See checAed boness No agency records oublect to the request have been located.
No addit 60nat agency records subject to the request have been located.
02 quest 9d escords are available through another pubhc distribution program. See Comments Section.
A X Asaacv '*ca'd* 'ubl*c' 'a 'h' *a"' 'ha' 'd'ad a Aap'"d,, ,,,, ,,,,,,,,d,,,,,,,,,,,,,,,,3c,,,,c,,,,,,,,,,,,,,,,,
NRC Public Document Room 2120 L Street. N.W., Washington, DC 20555 Agency secords subsect to the request that are identified on AppendWesi 8 m._. are bemg anade available for public inspection and copying m the X NRC Pubhc Document Room, 2120 L Street, N W., Washington DC. in a folder under this FOIA number and requester name.
Tne rionproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is riow being made available for pubhc inspection and copying at the NRC Pubhc Document Room 2120 L Street. N.W , Washingten. DC, in a folder undes th s FOIA number and requester name.
I Agency records subject to the request that are identified on Appendiales) m6y be inspected and copied at the NRC Local Pubhc Document Room identified i in the Comments Section.
E.nclosed is information on how you may obtam access to and the charges for copying records placed m the NRC Pubhc Document Room, 2120 L Street. N W .
Washmgton, DC.
X Asaacv ca'd* subiac' ta 'h' au' a 'acia$'d-Ricords subject to the request have been referred to another Federal agencyhes) for review and direct response to you.
l You will be billed by the NRC for fees totahng $
I y in view of NRC's response to this request, no further action is being taken on appealletter dated M3y_23 7 _} $88 . No.h8,A 30) ;
PART 11. A-INFORMATION WITHHELD FRoM PUBLIC DISCLOSURE !
Certain information m the requested records es being withheld from pubhc disclosure pursuant to the enemptions described in and for the reasons stated in Part 11 j l !
sictions B. C, and D Any released port.ons of the documents for which only part of the record is being warhheld are bem0 made avai able for pubhc inspection and c pymg en the NRC Public Document Room. 2120 L Street, N W., Washington, DC.en a folder under this FOiA number and requester name X
i COMMENTS l
- During a telephone conversation on May 23s 1988, with Nina Toms, you were I provided the titles of four NUREG reports that are subject to your request.
These reports are listed on the enclosed Appendix A. Ms. Toms informed you that one additional NUREG report is subject to your request, but that this report may contain proprietary information and would have to be reviewed ,
for a disclosure determination. The review of this report is :ow completed. -l Enclosed Appendix B identifies this report, a copy of which is enclosed. This '
completes NRC's action on your request.
l 4 I g -
l 8[906050264990M 10 -16e PDR
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SIGN RE, DIRECTO IVISION (FREEDOM OF INFORMATION AND PUBLICATIONS SERVICES
[i& . MA m l
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a________________________-_-_______. _-.____________-________________-____-__-______a
FREEDOM OF INFORMATION ACT RESPONSE FotA NUMBER (St FOIA -'ag_ma DAMAY i 91999 l PART ILB- APPLICABLE EXEMPTIONS R3 cords subject to the request that are described on the enclosed Appendiales) _._ b.are being withheld in their enterety or in part under the
. E. x2rnptions and for the reasons set forth below pursuant to 5 U S.C. SS2(b) and 10 CFR 9.17(a) of NRC Regulations.
- 1. The withheld information as properly classified pursuant to Esecutive Order (EXEMPTION II
- 2. The wethheld mformation relates solely to the internal personnel rules and procedures of NRC. { EXEMPTION 2)
\'
- 3. The wrthheld information is specifically exempted from pubhc disclosure by statute indicated (EXEMPTION 31 Sections 141145 of the Atomic Energy Act which prohibits the disclosure of Res1ncted Data or Formerly Restricted Data (42 U S C 21612165L Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information (42 U.S C. 21671 y 4. The withheld information is a trade secret or commercial or financialinformation that is being withheld for the reason (s) endicated, (EXEMPTION 4)
The mformation is considered to be confidential business (propnetary) mformation.
X The mformation is considered to be proprietary information pursuant to 10 CFR 2.790(dH1).
The mformation was submitted and received in confidence pursuant to 10 CFR 2 790(dl(2).
- 5. The wethheld mformation consists of interagency or miraegency records that are not available through discovery dunng htigation (EXEMPTION 5l. Applicable Pnvilege:
Deliberative Process: Disclosure of predecisionalinformation would tend to inhibit the open and frank enchange of edeas essential to the deliberative process.
Whtre records are withheld in their entirety, the f acts are sneatncably intertwined with the predecisional mformation. There also are no reasonably segregable factual portions because the release of the facts would permit an mdirect inquiry mto the predecisional process of the agency. ;
Attomey work product pnvilege 4 Documents prepared by an attorney m conternplation of htigation i Attorney - chent pnvilege. (Confidential communications between an attoiney and his her client i
- 6. The withheld information is caempted from pubhc disclosure because its disclosure would result m a clearly unwarranted mvasion of personal pnvecy lEXEMPTION 61 j
- 7. The withheld information consists of records compiled for law enforcement purposes and as bemg withheld for the reason (s) mdicated. (EXEMPTION 7) l Disclosure could reasonably te espected to mterfere with are enforcement proceeding because it could reveal the scope, direction, and focus of en. a '
forcement efforts. and thus could possibly allow them to take action to shield potential wsongdoing or a violation of NRC requirements f rom investigators EXEMPTION 7 4Ain Disclosure would constitute an unwarranted mvasion of perwnal pnvacy (EXEMPTION 7tCil The mformation consists af names et mdividuals and other information the disclobure of which could reasonably be enoected to reveal identities of I
)
confidential sources (EXEMPTION 7 (Dit OTHER PART li. C-DENYING OFFICIALS Purs.sant to 10 CFR 9 25(b) and'or 9 25 fcl 4 *ie U S Nuclear Reguietory Commission regulations et has been determined that the information withheld is esempt 3 rom production or disclosure. and ther its proouction or disclosure is contrary to the pubisc interest The persons weaponsible for the densat are those officiais identified below as denying officials and tte Director. Division of Freedom of information and Publications Services Office on Administration and Resources Management. for any denials that may be appepled to the ImeCutive Director fof Operations IE DOI TITLElOFFICE RECORDS DENIED APPELLATE OFFICIAL DENYING OFFICIAL SE CRET ARY EDO Eric S. Beckjcrd Director Office of Nuclear s App. B X Regulatory Research l
PART IL D- APPEAL RIGHTS The denial by each denying officialidentified in Part it C may be appealed to the Appellate Officialidentified m that section. Any such appeal must be m writing and must be made witheri 30 days of receipt of this response. Appeals must be addressed as appropnate to the Executive Director for Operations or to the Secretary of the Commission, U S. Nuclear Regulatory Commission, Washington. DC 20555. and should clearly state on the envelope and m the letter that at is an " Appeal from an initial FOIA Decision.'
NRC FORM 464 (Part 2) U.S. NUCLEAR REGULATORY COMMISSION ines> FOIA RESPONSE CONTINUATION l
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, Re: FOIA- ff - /g /
APPENDIX j -
RECORDS MAINTAINED AMONG PDR FILES NUMBER DATE DESCRIPTION
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Re: FOIA- 7 7- /d / ____
APPENDIX [ .
RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION
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