ML20246N051

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Final Response to FOIA Request.App a Records & Portions of App B Records Encl & Available in Pdr.Portions of App B Records Withheld (Ref FOIA Exemption 4)
ML20246N051
Person / Time
Issue date: 07/14/1989
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Schleifstein M
TIMES-PICAYUNE, LA PLACE, LA
Shared Package
ML20246N055 List:
References
FOIA-89-259 NUDOCS 8907190285
Download: ML20246N051 (4)


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U.S. NUCLEAR RE ULATORY COMMISSION NRc 6M+iutst Nuwetasts:

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.,0 l, T M"~at I l a^at'at j RESPONSE TO FREEDOM O INFORMATION ACT (FOIA) REQUEST V' g 3 4 gggg

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ese.. DOCKil NUMBERISI W eppesolef CEOUESTOR b=

PART 1 - AGENCY R(CORDS RELEASED OR NOT LOCATED (See checked boxes)

No agency records subsect to the request have been located.

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

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Pequested records are available through another public distribution program, See Comments Section.

Agency records subject to the request that are identified on Appendiates) are already availa5Ie for pubhc inf6 pecten : ,4 60pying in th@

NRC Pubhc Document Room 2021 L Street, N W., Washington, DC 20S55 _

Agency records subject to the request that are identified on Appendixtes) b are being made available for public inspection and copying in thG NRC Pubhc Document Room 2021 L Street, N W., Washington, DC, en a folder u6 der this FOlA number and requester name.

The nonproprietary version of the proposal (s) that you agreed to eccept in a telephone conversation with a member of my staff is now being made available for pubhc inspection and copying at the NRC Public Document Room 2021 L Street, N.W , Washington, DC, in a folder under this FOIA number and requester name, Agency records subject to the request that are identified on Appendaalesi may be inspected and copied at the NRC Local Public Document Room identifie@

in the Comments Section.

inclosed is information on how you may obtain access to and the charges for copying records p! aced en the NRC Pubhc Document Room, 2021 L Street, N W .

Washington, DC.

g Agency records subject to the request are enclosed. gp Records subject to the request have been referred to another Federal agencybes) for review and direct response to you.

You will be billed by the NRC for fees totakng $

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

PART IL A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from pubhc disciosure pursuant to the exemptions described in and for the reasons stated in Part b sections B, C, and D. Any released portons of the documents for which only part of *me record as being withheld are being made available for pubhc inspection and copying in the NRC Pubhc Document Room, 2021 L Street, N W., Washington. DC. in a folder under this FotA number and requester name.

COMMENTS l

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89071902G5 090714 PDR FOIA SCHLEIF89-259 PDR SIGNAT , DIRECTOR, OlVl51 I FRE OF INFORMATION AND PUBLICATIONS SERVICES a /W '

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FREEDOM OF INFORMATION ACT RESPONSE rOIA NUMBER (Si FOIA - U.@7 PART 11.5- APPLICABLE EXEMPTIONS Dm.JUL 14 Iges RTeords subject to the request that are described on the enclosed Appendix (es) _ _are being withheld in their entirety or in part under the Exemptions and for the reasons set forth below pursuant to 5 U.S C. 55?(b) and 10 CFR 9.17(a) of NRC Regulations.

1. The wethheld information is properly classified pursuant to Executrve Order (EXEMPTION 11
2. The withheld m%rmation relates solely to the intemal personnel rules and procedures of NRC. (EXEMPTION 21
3. The withheld information is specifically exempted from public disclosure by statute indicated. (EXEMOTION 3)

Sections 141145 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerly Restncted Data 142 U S C. 2161-2165L Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safeguards information 142 U.S C. 2167L g 4. Tha withheld information is a trade secret or commercial or financial mfottnation that is bemg withheld for the reason (s) indicated (EXEMPTION 4)

The information is considered to be confidential business (propnetary) information.

The mfurmatka is considered to be propnetary information pursuant to 10 CFR 2.790idH1L The information was submitted and received m confidence pursuant to 10 CFR 2.790(dH2L

6. The withheld information consists of interagency or intraagency records that are not available through discovery dunt g htigation. (EXEMPTION 5). Apphcable Pnvilege:

Dehborstwe Process: Disclosure of predecisional information would tend to mhebit the open and frank enchange of ideas essential to the deliberative process.

Where records are withheld in their entirety, the f acts are inextncably intertwmed with the predecisional mformation. There also are no reasonably segregable f actual portions because the release of the f acts would permit an indirect inquiry mto the predecisional process of the agency.

Attorney wortproduct pnvilege (Documents prepared by an attomey in conternplation of litigation i Attorney -client pnvilege (Confidential communications between an attorney and his'her chent i

6. The withheld information is exempted from pubhc disclosure because its disclosure would resutt in a clearly unwarranted invasion of personal pnvecy. (EXEMPTION 6)
7. Yhe withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason (s)ind.cated. (EXEMPTION 7)

Disclosure could reasonsb;y be expected to mterfere with an enforcement proceeding because it could reveal the accpe, direction. ant! focus of en-forcement etforts. and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements f rom investigators EXEMPTION 7 IAH Disclosure ould constitute an unwarranted invasion of personal privacy (EXEMPTION 7tCil The information consists of names of individuals and other information the disclosure of which could reasonably be exoected to reveal noentities of I confidential sources tEXEMPTION 7 (DD 1

OTHER PART ll. C-DENYING OFFICIALS Pursuant to 10 CFR 9 26tb> and/or 9 26 (c! of the U S Nuclear Regulatory Commission regulations. it has been determmed that the information withheld is enempt from production or disclosure, and that its procuction or disclosure is contrary to the public interest The persons responsible for the dersial are those officials identified below as denying officials and the Director. Division of Freedorn of Information and Publications Services. Office of Administration and Resources Management, for any d5nesis that may be appepted to tne Executive Director for Operations (EDOL DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL l

SECRETARY EDO W8w aw& Mk '

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PART ll. D- APPEAL RIGHTS The deniaf by each denying officialidentified in Part 11 C may be appealed to the Appellate Officialidentified in that section. Any such appeal must be in wnting and must be made within 30 days of receipt of this response. Appeals must be addresend as appropnate to the Executrye Director for Operations or to the Secretary of the Commission, U.S. Nuclear Reguistory Commission. Washingtom. DC 20556, and should clearly state on the envelope and m the letter that it to an " Appeal from en initial FOlA Decision."

NRC FORM 464 (Part 2) U.S. NUCLEAR REGULATORY COMMISSION (t 1-88)

FOIA RESPONSE CONTINUATION

Re: . FOIA- 77-2S'7 APPENDIX M RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER ,

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Re: FOIA- 77g 7- -l APPENDIX [/

1 RECORDS PARTIALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION 1

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