ML20005E587
| ML20005E587 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 01/04/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Garde B ROBINSON, ROBINSON, PETERSON, BERK, RUDOLPH, CROSS |
| Shared Package | |
| ML20005E588 | List: |
| References | |
| FOIA-89-428 NUDOCS 9001080300 | |
| Download: ML20005E587 (4) | |
Text
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U.S. NU AR REGULATORY COMMISSION wuc e ola HiOVElil NUMNb% VM FOIA r" g' l la RESPONSE TO FREED M OF e '~^t J
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INFORMATION ACT (FOIA) REQUEST wm ~u-so%.-
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PART I - AGENCY RECORDS RELEASED OR NOT LOCATED rSee checked bones) a _.
No egency recorde subpect to the request have been located No oddetional a0enCV 'eCO'ds subtect to the request have been located Requested records are evedable thfough another public distribution program See Comments Section Agency reco<ds subsect to the eequest that a'e identihed on Appead'a tes).
.. _.. _ ore already availab6e 10. public mspectum and copymg m the NRC Public Document Room ?120 t Street NW Washington DC 20555 Agenc y records sub ect to the request that a*e identihed or' Appendis tesi.
are being med e able for public mapection and copying m the i
NRC Pubhc Document Room 2120 L Street. N W. Washington. DC in a toldee under this FOIA rWmber and 'equester name The nonp<opnetary version of the peoposul(si that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public mopection and copymg at the NRC Pubiac Document Room 2120 L Street NW Washingion DC. m a f older undes this FOlA number and reouester name Agency records subrect to the request that are identifeed on A ppendim ie s '
..me, be inspected and (opied at the NRC Lor.al Public Document Roon' identified m the Comments Section Enclosed is Information on how you may obtam a$cessN erkthcharges hoe copymg records placed in the kRC Pblic D urbantioom 120 L SSeet NW l
Washmgton DC g
Agency records subsect to the request are enclosed Records subrect to the request have been referred to another Federal agencyb 1 f or teview and direc t eesponse to you You will be billed by the NRC f oe fees totaling L In view of NRC's response to this request. no further action is being taken on appear lettee dated No PART 11. A -lNFORMATION WITHHELD FROM PUBLIC Dt$ CLOSURE hheid hom public disclosu e pu suant to the e n emptions described in and f or the seasons stated in Part il Certain er.to<mation in the requested <eco<ds is being *it e
r sections B C. and D Any released portions o' the documents f or which only part of the ret rd is being ethheid a e t e.ng made a,4aante for pubig inspection and X
copyng m the NRC Public Document Room 2120 L Street NW Washington. DC in a foldee unde' ihis FOi A numt v< and requeste. name I
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l 9001080300 900104 1
GARDEB9-428 PDR i
SIGN E. DIRECTOR. DIVISION O FHf EDOM OF INFORMATION AND PUBUC A flONS SE Rs tCE S r
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FE lA = - 8% /M[ oATEyAN (- 1990
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FREEDOM OF INFORMATION ACT RESPONSE '
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PART 11.8-APPLICABLE EXEMPTIONS
- Records sbbject tb the f Quest that are described on the inclosed Appendixts)
.__are N withheld in their entirety or in part under the L-Esem'tions and for the seasons set forth below pursuant to 6 U S.C. $52(b) and 10 CFR 9.17c sf NRC Regulations ~
L.
- 1. The withheld information is property classified pursuant to Enocut6ve Order (EXEMPTION 1)
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- 2. The withheld informati6n relatus solely to the internal personnel tulos and procedures of NRC (EXEMPTION 21
- 3. The withheld information is specificelly esempted from public disclosure by statute trOcated: (EXEMPTION 31 i
Sections 14bl46 of the Atomic Energy Act wNch proNbits the disclosute of Restricted Date or Formerly Restncted Data (42 U S C. 21612166).
Section 147 of the Atomic Energy Act wh6ch proNbits the disclosure of Unclassified Sveguards information f42 U.S C 21671.
- 4. The withheld mformation is a trede secret or commerEcI fmancialinformation that is bemo withheld for the reasontslindicated (EXEMPTION 4)
The information is considered to be confidential busmess ipropnetaryl mrormation.
The information is considered to be propr.etary information pursuant to 10 CFR 2 7904dH11.
r The information was submitted and received in confidence pursuant to 10 CFR 2 790(dH2) g
- 6. The withheid information consists of interagency or intraagency records that are not available through discovery dunng htigation, IExEMPTION 6L Apphcabg Pnvilege.
Deliberative Process: Disclosure of predecisionalinformation would tend to anNtut the open and frank enchange of ideas essential to the dehbetative process.
V Where records are withheld m thou entuety, the facts are inestricably intertwined with the predecisional mformation There also are no reasonably segregable f actual
/\\ portions because the release of the f acts would permit en mderect enquiry mio the predecisional process of the agency.
Attorney worOproduct privilege. (Documents prepared by an ettorney in contemplation of htigation i Attorney-client pnvilege (Confidential communecatior's between an attorney ar'd his bei client )
- 6. The withheld information is exempted from pubhc disclosure because its disclosure would result m a clearty unwarranted invasion of personal pnvecy. (EXEMPTION 6)
- 7. The withheld information consatts of records compiled for law enforcement purposes and is being withheld for the reason (s) mdecated. (EXEMPTION 7)
Disclosure could reasonably be expectsd to interfere with an enforcement proceeding because it could seveal the scope. direction, and focus of en.
forcement ef forts. and thus could possibly allow them to take action to shield potential wrongdo.ng or a violation of NRC requirements f rom investigators EXEMPTION 7 IAll Disclosure would constituta en unwarranted mvesion of personal pnvecy t[XEMPTION 7dCH The mformation consists of names of mdividuals and other mformation the disclosure of wNCh could reasonably be expected to revealidentitees of confidential sources IE XEMPTION 7 (DH OTHER.
PART 11. C-DENYING OFFICIALS Purruant to 10 CFR 9.26(b) and or 9 26 Ici of the U S Nuclear Regulatory Commission regulations. it has been determined that the mformation withheld is esempt from production or disclosure. and that its production or disclosure is contrary to the pubhc interest The persons responsible for the danial are those officials identified below as denymg officials and the Director. Division of Freedom of information and Publications Services. Offece of Admensstration and Resources Management, for any denials that may be appepted to the Executive Director for Operations IEDOI DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL W L.7,Wmaf M#4ze OJ 5
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,,J PART 11. D.- APPEAL RIGHTS The denial by each denying officialidentified in Part il C may be appealed to the Appettote Official identified in that section. Any such appeal must be m wnting and must be made within 30 days of receipt of tNs response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commiss4on,
. U.S. Nuclear Regulatory Commission, Washington, DC 20666, and should clearfy state on the envelope and in the letter that it is an " Appeal from an Insteel FOIA Decision /
NRC GRM 464 (Part 2)
U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE CONTINUATION I
Re:. F01A- @N 7E[
APPENDIX'
_ RECORDS BEING PLACED INTO-THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER-DATE; DESCRIPTION f
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RECORDS TOTALLY WITHHELD NUMBER DATE DESCRIPTION & EXEMPTION
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- Robinson, E
Robinson, Peterson, Berk, Rudolph, Cross & Garde Attorneys at Law l
Mary Iou Robinson los East Colle;;c Avenue -
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Nila Jean Robinson Appleton. Wisconsin 64911 John C. Peterson (4143 7 sus 17 Avram D. Berk Green Bay 4n9000 -
Michael Rudolph Fax 7so464:
Dan Crose -
Billie Pirner Garde September 27, 1989 PREEDOM OF INFORMATION ACT REQUEST fAE.EDOM Of INf 0RMAtl0N Director ACT REQUEST Office of Administration U.S. Nuclear Regulatory Commission
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h/g fg gp y Washington, D.C.
20210 TO WHOM IT MAY CONCERN Pursuant to the Preedom of Information Act (POIA), 5 U.S.C.
552, as amended the ROBINSON, ROBINSON, PETERSON, BERK, RUDOLPH, CROSS AND GARDE LAW OPPICE requests copics of any and all agency records and information, including but not limited to notes, letters memoranda,
- drafts, minutes,
- diaries, logs, calenders,
- tapes, transcripts, summaries, interview
- reports, procedures, instructions, allegation summary sheets, interim and/or final reports, status reports, and any and all other records relevant to and/or generated in connection with the Inspection Report Docket 50-445/446, Report # 89-38, dated September 8, 1989.
This request includes all agency records as defined in 10 C.P.R.
9.3a (b) and the NRC Manual,_ Appendix 0211, Parts 1.A.2 and A.3 (approved October 8,
1980) whether they currently exist in the NRC official " working" invest'gative or other files, or at any other location, including private residences.
If any records, as defined in 10 C.P.R.
9.3a (b), and the NRC Manual, supra.,
and covered by this request have been destroyed, and/or removed, after this request, please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or
- removed, a
description of the actions (s) taken relevant to, generated in connection implementing the action (s).
We are requesting this information as part of on ongoing monitoring project of the NRC's efforts to protect public health and safety at and near nuclear processing plants and radioactive waste facilities.
Por any documents or portions that you deny due to a specific POIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld.
The hff)JfQ$5.L Q
-u index: should _ provide a detailed.justificatlon-of your grounds-for claimi ng ~each-exemption, explaining - why each exemption. is relevant to the. document or portion of the-document withheld.
This index~ is required under Vaughn v Rosen (I),
484 F2d 820 (D.C.-Cir. 19 7 3 ) ', ce r t. d e n i ed, ~4TS U. S. 977 (1974).
We anticipate a complete'or partial response to this request' within ten working days, as required by the POIA.
Sincerely, 6 67i'//
N)
Billie Pirner Garde r
DPG/llb NRC/foia
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