ML20209F072

Final Response to FOIA Request for Documents.App a Documents Withheld (Ref FOIA Exemption 7)

ML20209F072
Person / Time
Site:	Farley
Issue date:	04/28/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Bevill S BALCH & BINGHAM (FORMERLY BALCH, BINGHAM, BAKER
References
FOIA-86-251 NUDOCS 8704300189
Download: ML20209F072 (3)

Text

U.S. NUCLEAR RE2ULATORY COMMISS!!N NRge oiA s.sytsr uuustesi g**e%7( ID H -N del E

S RESPONSE TO FREEDEM CF Q(h D'*"

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/ INFORMATION ACT (FOlA) REQUEST APR 2 81987 DOCKET NUMBER ($) ur appecacel LEQUESr[

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a l i PART i.-RECORDS RELEASED OR NOT LOCATED f See checked boxesi No agency records subject to the request have been located.

No additenal agency records subrect to the request have been located.

Agency records subrect to ths request that are identifed in Appendix are already avadable for public inanection and copying in the NRC Public Documerit Room, 1717 H Street, N.W., Washington, DC.

Agency records subsect to the request that are identified in Appendix are being made available for public inspection and copying in the NRC Public Document Room.1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester narne.

The nonpropnetary version of the proposal (si that you agreed to accept in a telephone conversation with a member of my staff is now being made avalable for public inspecten and coying at the NRC Public Document Room,1717 H Street. N W., Washington, DC, in a folder under the FOIA number and requester name.

Enclosed is information on how you may obtain 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 request are enclused. Any applicable charge for copes of the records provided and payment procedures are noted in the comments section.

Records subject to the request have been referred to another Federal agency (iest for review and direct response to you.

In view of NRC's response to the request, no further action is being taken on appeal letter dated t' ART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public disclosure pursuant to the FOIA exemptons desenbod in and for the reasons stated in Part 11. sec-tons B, C, and D. Any released portions of the documents for which only part of the record a being withheld are being made available for public inspection and copying in the NRC Public Document Room,1717 H Street, N.W., Washington, DC. in a folder under the FOIA number and requester name.

Comments i

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8704300189 870428 i PDR FOIA I BEVILL86-251 PDR l

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58 A70RE. DIRECTOR. OMSI RULES AND RECORDS

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NRC FORM 4H LPart n (9 881

FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERSh .' OATE: m9xm PAJT li B- APPLICA;LEf()lA EXEMPTIONS " " ~ ' "'

, . Recsrds subject to the request that are desenbed in the enclosed Appendices . ,

are being withheid in their entirety or in part under FOIA Exemptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and ID CFR 9.5(a) of NRC Regulations.

1. The ethheld eformation is property classified pursuant to Esecutive Order 12356 (EXEMPTION 11

2. The ethheld information relates solely to the intemal personnel rules and procedures of NRC. (EXEMPTION 21

3. The ethheld information is specifically exempted from public declosure by statute indicated: (EXEMPTION 3)

Section 141145 of the Atomic Energy Act which prohibits the declosure of Restncted Data or Formerfy Restncted Data (42 U S.C. 2161216SL Section 147 of the Atomic Energy Act which prohibits the declosure of Unclassified Safeguards Infnrmation (42 U.S C. 2167).

4. The withheld information is a trade secret or commercial or financial information that is bemg withheld for the reasorusi indicated: (EXEMPTION 4)

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

The information is considered to be propnetary information pursuant to 10 CFR 2.7W0tdH1).

The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(dil2L

5. The mthheld enformation consists of interagency or intraagency records that are not available through d4covery dunng litigation. Declosure of predecsional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where recoids are withheld in their entirety. the facts are inextricably intertened with the predecisional information. There also are no reasonably segregable factual portions because the release of the facts would permet an indirect mquiry into tne predecssional process of the agency. (EXEMPTION 51

6. The withheld information is exempted from public declosure because its declosure would result in a clearly unwarranted evasion of personal pnvacy. (EXEMPTION 6) s

7. The withheld information conssts of investigatory records comoded for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 7)

IN Disclosure would eterfere mth an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts. and thus could possibly allow them to take action to shield potential wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7(AH

1. p s Disclosure would constitute an unwarranted invasion of personal pnvacy IEXEMPTION 71CH The information conssts of names of individuals and other mformation the disclosure of which woulo reveal identmes of confidental sources. (EXEMPTION 7tDH PART ll.C-DENylNG OFFICIALS

• ursuant to 10 CFR 9 9 and/or 9.15 of the U.S. Nuclear Regulatory Cornmssion regulations, it has been determined that the efortration ethheld is enempt from production or disclosure.

ars *at its production or disclosure is contrary to the public interest. The persons responsible for the denel are those officials identified below as denymg officials and the Derector.

Omsa e of Rules and Records. Office of Admmetration, for any demals that may be appealed to t'io Execunve Directcr for Operations stoot OENylNG OFFIC!al , TITLE!OFFjCE ftECCftOS OEN:ED APPELLATE OrFiCiAL

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- bO ,i-PART 11 D- APPEAL RIGHTS The denial by each denying official identified in Part ll.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 c' receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission. U.S. Neleer Regulatory Commission, Washington, DC 20566, and should clearfy state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Lecision."

Mac FOW ase IPeet a U.S. NUCLEA3 REGULATORY COMMISSION casi FOlA RESPONSE CONTINUATION

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> APPENDIX d RECORDS TOTALLY WITHHELD i

NUMBER DATE DESCRIPTION & EXEMPTION

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