IA-83-345, Final Response to FOIA Request.App C Document Totally Withheld (Ref FOIA Exemption 1)

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Final Response to FOIA Request.App C Document Totally Withheld (Ref FOIA Exemption 1)
ML20234B515
Person / Time
Issue date: 09/16/1987
From: Grimsley D
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To: Leventhal P
NUCLEAR CONTROL INSTITUTE
References
FOIA-83-345 NUDOCS 8709180445
Download: ML20234B515 (3)


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\j INFORMATION ACT (FOIA) REQUEST SEP 16 W87 DOCKET NUM8ERtSi Ur h=>

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No agency records subrect to the request have been located.

No additonal egency records subpect to the request have been located.

Agency records subsct to the request that are ident4ed in Appends are altsady availab6e for public inspection and copyng ei tw NRC Public Document Room, 1717 H Street, N.W., Washington, DC.

Agency records subpect to the request that are identrfied in Appends are being made available for public inspecten and copyng in the NRC Public Document Room,1717 H Street, N.W., Washington OC, in a folder under ows FOIA number and requester name.

The nonpropnetary versen of the proposaHs) that you agreed to accept en a telephone conversaten with a member of my staff is now being made avaiable for public eccto) and coying at the NRC Pubhc Occument Room,1717 H Street. N W , Washington. OC, in a folder under this FOIA number and requester name.

Enclosed is information on how you may obtaie access to end the charges for copying records placed in the NRC Pubhc Document Room,1717 H Street, N.W., Washington, DC.

Agency records subject to the request are enclosed. Any applicatne charge for copes of the records provided and payment procedures are noted in the comments section.

Records subrect to the request have been referred to another Federal agency 6es) for review and direct response to you.

In vow of NRC's response to the request, no further action a being taken on appeal letter dated PART ll. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain informaton in the requested records is being withheld from pubhc disclosure pursuant to the FOIA exemptions desenbed in and for the reasons stated in Part 11. sec-tions B, C. and D. Any released portions of the documents for whech only part of the record a being withheld are being made available for pubisc inspection and Copymg In the NRC Public Document Room,1717 H Street. N W , Washington. DC. in a folder under the FOIA number and requester name.

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e PART ll.B- APPLICABLE FOIA EXEMPTIONS Records subject to the requent that are described in the enclosed Appendices are being withheld in their entirety or in part under FOIA Enmptans and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 54al of NRC Regulations.

1, The withheld informanon a property classified pursuant to Esecutive Order 12356 (EXEMPTION 17

2. The wethheld informenon ro6ates solely to the internal personnel rules and procedures of NRC. ' EXEMPTION 21
3. The withheld informenon is specifically exempted from public disclosure by statute indicated. EXEMPTION 3) I

( Section 141146 of the Atomic Energy Act which prohibits the disclosure of Restncted Data or Formerfy Restncted Data (42 U.S.C. 216121661.

n Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassified Safegurds informaten (42 U.S C. 2167). i l

4. The wrthheld informeson is a trade secret or commercial or financial information that is being wrthheld for the reason (s) indk:sted: (EXEMPTION 4)

The information is conandered to be confidential business (proprietary) information.

i The information is concedered to be propnetary information pursuant to 10 CFR 2.790(d)(1L l

The information was submitted and received in confidence from a foreign source pursuant to 10 CFR 2.790(dl(2).

5. The withheld informaton consists of inte agency or mtraagency records that are not available through discovery during litsgation. Declosure of predecisional information would tend to inhib #t the open and frank enchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are mextricably intertwined with the issonal mformation. There also are no reasonably segregable factual pornone because the release of the facts would permit an indirect inquiry into predecesonal process of the egency. (EXEMPTION 5)
6. The withheld informenon is exempted from public disclosure because its disclosure would resst m a clearly unwarranted invasion of personal privacy. (EXEMPTION 6)
7. The withheld informsoon consists of investigatory records comcaled for law enforcement purposes and is being withheld for the reason (s) indicated. (EXEMPTION 71 Disclosure would siterfere with an enforcement proceeding because it could reveal the scope, dweetion. and focus of enforcement efforts. and thus could possibly allow them to talie acten to shield potentief wrongdoing or a violation of NRC recurer,ents from investigators. (EXEMPTION 7t AU Disclosure would constreute an unwarranted invasion of personal privacy (EXEMPTION 7(Cit The information consats of names of individuals and other information the disclosure of wNch would reveal identities of confidential sources. (EXEMPTION 7(00 PART ll.C-DENYING OFFICIALS Pursucnt to 10 CFR 9 9 and 'or 915 of the U S. Nuclear Regulatory Commission regulations. it has been deterrved that the information withheld is siempt from production or disclosure and thet its production or declosure is contrary to the public interest. The persons responsible for the dermal are those officials identified below as denying officiais and the Director.

Div6sion of Rulee and Fiscords. Office of Admsmatration. for any denials that may be appealed to the Eiecutrve Director for Operations reool.

DENylNG OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SEcR ET ARY EDO Sm ma ersa.cm. C -) x PART 11 D- APPEAL RIGHTS The denial by each denying of%cial identified in Part ll.C may be appealed to the Appenate Official identified in that section. Any such appeal must be in writing and must be nude within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Comrnessen, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter tMt it is an " Appeal from an initial FOIA Decision."

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3 APPENDIX C RECORDS TOTALLY WITHHELD-

. NUMBER DATE DESCRIPTION & EXEMPTION l* lDf!?lW0 777,4 4 lp Wh w g/ W A, p

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