ML20127K768
| ML20127K768 | |
| Person / Time | |
|---|---|
| Issue date: | 05/05/1992 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Dunlap J HELLER, EHRMAN, WHITE & MCAULIFFE |
| Shared Package | |
| ML20127K772 | List: |
| References | |
| FOIA-92-94 NUDOCS 9211230192 | |
| Download: ML20127K768 (3) | |
Text
UA NUCLGAR (Al.tGULATOWy COMMISSION Nhc F OIA REOutS1 NuMist HIS)
F OlA 94
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HESPONSE TY".
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RESPONSE TO FREEDOM OF xxl"NAL I
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/) 4,9 INFORMATION ACT (FOIA) REQUEST mit DOCKET NUYBE H!S)(If apphcaNel
'5 1992 WAY 4 RE QUE ST E R James E. Dunlap PART 4.-AGENCY RECORDS RELE ASED OR NoT LOCATED (See checkedboxes/
No agency records subject to the request have been located, No additional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments section, Agency records subject to the request that are identified in Appendix (es) are already available for public inspection and copying at the NRC Public Document Room,2120 L street, N.W., Washington, DC.
Agency records subject to the request that are identified in Appendixles)
O are being.nade available for public inspection and copying X
st the NRC Public Document Room,2120 L Street, N.W., Washington, DC,in a folder uMer this FotA number.
The nonproprietcy version of the proposails) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this Fol A number.
Agency records subject to t e request that are identified w. Apperidixtes) may be ir spected and copied at the NRC Local Public Document h
Room identified in the Comments section.
Enclosed is inf ormation on how you may vota n access to and the chargrs for copying records located at the NRC Public Document Room,2120 L Gtreet, N.W., Washington, DC.
y Agency records subject to the request are enclosedf Records subject to the request have been rererred to another Federal agency (ies) for review and direct response to you.
X Fees 70.67 y
You will be billed by the NRC for fees totakng s You will receive a refund from the NRC in the amount of s s
in v;ew of NRC's response to this request, no further action is being taken on appeal letter dated
, No.
PART 11. A-INF0FtMATION WITHHELD FROM PUBLIC DISCLOSURE Cartain information in the requested records is be'ng withheld from pub!)c disclosure pursuant to the exemptions described in and for the reasons stated in Part II, B, C, and D. Any re: eased portior's of the docurnents for which only part of the record is being withheld are being made avellable for pubhc X
inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA number, COMMENTS
- The releasable portions of the agency record subject to your F0IA request that is identified on the enclosed Appendix B are enclosed.
The fees associated with the processing of your request are as follows:
Professional Search / Review - 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> and 15 minutes = $65.47-Reproduction of Records - 26 pages = $5.20 Total = $70.67 i
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9211230192 920505 PDR FOIA DUNLAP92-94 PDR
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FOIA NUM8tftist DAid RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOlA 94 NAY 1992 (CONTINUATlON) l PART N B-APPLICABLE EXEMPTIONS 0
are being withheld in their entirety or in part nder the Records subject to the request that are described in the enclose (t Appendimiesk Exemptiori 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 regu ations.
- 1. The withheid information se property clarwfed pursuant to Executive Order. (Exemption 1) 2.. The withhekt mformaton relates solefy to tre enternal personne6 rules and procedures of NRC, IEnemption 2) 3 The wrthheid informat.on es specificany esempted from public disclosure by statute indicated. (Exemption 3)
Sectione 141145 of the Atom +c Enerey Act, wNch prohibits the disclosure of Restricted Data or,Formody Restricted Data (42 UIC. 21612145).
Section 147 of the Ator.c Energy Act, wNch prohstuts the disclosure of Unclassified Safeguards leformation (42 USC. 2167),
4, The withheid mformation is a trade secret or commercial or fmancsa: mformaton that rs bemg withheld for the reasonlf. endicated. (Ememption 4)
X The informaton is cons <dered to be conf dential bus 4 ness (propretaryl eformat.on The mfoemation se considered to be proprietary snf ormaison pursuant to 10 CFR 2 790tdHit The information was sotmtled and received m confidence pursuant to 10 CFR 2 790 tdt (2L The thheM information consists of eteragency or miraegency records that see no: avanab4 through d4covery deng libgaten (Ememption 51. Apphcabte Privslage:
gw Dehberative Process Disclosure of predecisional mformaten woved terut to mhibst the open and frank enchange of.deas essentian to the dehberative process.
t1 Where records are withheld m their enteref. the f acta are snestra. ably intertw ned with the predecss.onal mformaten The e assa are no reasonably segregat9e f actua' porteons because the release of the f acts would permit an ersd rect mouwy mio the prede:isional process of the agency.
Attorney work product privstege (Documents prepaied by an aitciney m contemplaten of htigation 1 Attorney-client privilege. (Confident.at commun-ations between an ettorney and his/her chant.)
l 6, The withheld mformation is enempted from public disclosure because its d>sciosuse would resuit m a rieariy unwarranted evasen of pt sonaa prwacy (Eremption 6)
- 7. The withheld eformation cons >sts of records compded fos law enforcement purposes and is be.ng withheld for the reason (s) indicated (Ememption 7)
I Disciosure could reasonably be espected to interfere with an enforcement proceeding because it could reveal the scope direction, and focus of g'.-
enforcement effortt and thus couid poss bly a'!ow recmients to take action to shield potential wrongrloing or a violation of NRC requirements from investioatars IE nemotion 7 { AH o%'
Disclosuie would constitute an unwaranted inwavon of persona 4 praecy (Exempt.on 7.3 J
The mtormaton correst s of names of mowiduais and ot% inf ormat.on the d scirAure of whcb coutd reasoreabi, be emoccted to revealidentitees of g
confidentiat scurces, (Enemption 7 (DH IHLH l
PART N, C-DENYING OFFICIALS Pursuant to 10 CF R 9 25tb) and 'or 9 25(c) of the U S Nuclear Reguiatory Comm nen repoes. it has ten deter #wed that the mfo*maton withheld a esempt from pro uuchon or disc!osure, and that i:s p#odact,on or d scesore is contra *y to the putAc in! vest e he persons respore bie for the demat are those officia4 edentif4er* belo* as denying officiais #8%f the Directoe, O v i on of Freedom of bformation and PubLcanons S.rvices. Of f 4ce of AdmesDaton, for any den +a4 that may be appea!ed to the E secut ve Director for Oreratens iEDCn l
DENYING OFFICIAL Ti f L E iOF F 'C E RECORDS DENIED APPfLLATE OFFICIAL TM SWEW G
Director, Division of Contracts IEdeardL.Halman Appendix B x
.RdtopertLhM9ement 1
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PART N. D-APPEAL RIGHTS The denial by eact denymg off. cia identif.ed in Part il C may be sppealed to the AppeHate Official identif.ed there. Any such appen' must be made in writing etNn 30 days of receipt s
of this response. Appeak must be addwued. as appropnate to the E mecutive Director for Operations. to tne Secretary of the Comrniss.on. or to tne inspector General, U S. Nuc4 ear Regulatory Comm>u on. Washington. DC 20555. and should efearly state on the envetooe and in the letter that it is an "Appeat from an Imtral FOI A D.cssion "
NRC FORM 464 (Part 2) (191)
U.S. NUCLE AR REGULATORY rwb11SSION i
. -.. ~..
Re:
FOIA-92-94'-
APPENDIX B DOCUMENTS BEING WITHHELD 15 PART NUMBER DATE DESCRIPTION 1.
03/22/91 Letter from Francis X.
Smyth and Cheryl Hosko-Grimes to Wayne Davis transmitting proposal -(24 pages)
Exemption 4--
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