ML20005E586

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Final Response to FOIA Request for Documents.App a Documents Totally Withheld (Ref FOIA Exemption 4 & 5).Subj Contract, Once Awarded by 900531,obtainable by Another FOIA Request
ML20005E586
Person / Time
Issue date: 01/05/1990
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: Witty C
INPUT, INC.
References
FOIA-89-511 NUDOCS 9001080298
Download: ML20005E586 (3)


Text

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O.S. NUCLEAR REGULAT OMMIS$10ev wuc, e oa he out si woutit essi FEIA - ff-f//

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l, RESPONSE T FREE OM OF jihat I l **naat INFORMATION ACT (FOIA) REQUEST

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-DOCD 51 NVMtilht$1(frorgh ales) e Rt Out $1LR 17 h. C }irl s M h PART 1.

kUEN'CY (ECORDS RELEASED OR NOT LOCATED (See checaed bonesi No agency records sutyect to the roguest have been located.

No addetoonal egency records sub#ect to the roguest have t>een located.

I Requested records are eveNble through anottet public W.stnbuteon program. See Comments Section.

Agency reco<ds subject to the sequest that are identified an Appendenteel are already ava6lable for public inspection and topyng m the NRC Pubhc Document Room Pt 20 i Street. N.W., Washmgton, DC 20bbb Agency records sutyect to the sequest that are identified on Appendimiest are been0 made ovellable for pubhc enspection and copy 6ng in tre l

NRC Pubhc Document Room, 21P0 L Street. N W., Washington, DC. m o folder under ttus FDIA number and reouester Some.

The nonproprietary version of the proposettal that you egreed to accept in a telephone conveetation with a trember of my steff is now t. ems made eveitable for public inspection end copymg at the NRC Public Document Room P120 L Street. N.W., Weshmgtor, DC, in a foldes undes tms FOIA numbet isnd requestet name.

r Agency records eutyec'. to the request that e.e ederittfeed on Append atesL met be taspected end cosaeJ et the NRC Local Public Document Room ident.fied in the Comments Section.

inclosed is information on how you may obteen eccess to enft the chargus for copymg records pieced m the NitC Public Doct.mont Room. 2120 L Street N W.

Washington. DC.

Ar,ency records subject to the request ete enclou d.

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Rncords subject to the reevest have been referred to er'uther Federal agencyliest for et vieer and direct response to you You will be tutted by the NRC 43r fees toielmg 4 In view of NRC's response to this sequest, no further acteun 6e bang taken on appeelletter deted No.

PART II. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Cortem informatior. 6n the venuested records is teme withheld from pubhc d+sclosure pursuant to the enemptions described in and for the reasons stated m Port W.

sections B, C. and D Any released porteons of the documents for which only part of the record es being withheld are t>eeng made esailebte for pubhc inspection arid topysng en the NRC Pubis Document Room. 2t 20 L Street. N W., Washrngton, DC.m o toloer undee this FDI A numbee and sequesier nome

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.A kSN)0Na A. VISIOYN TURE, DIRECTOR FREEDOM OF tNFORMATION AND PUBLICATIONS $lRVICES 1

9001080298 900105 PDR FOIA WITTYB9-511 PDR

FREEDOM OF INF3RMATION ACT RESPONSE FOiA NuustR<st FOlA -F9. fw 041AN 5 - 195)

PART N.B-APPLICABLE EXEMPTIONS Y

Mocords subject to the Cquest that are discritud on the snelostd Appendix (ss).

FR 9.17(a) of NRC Regulations.

tre being withheld in thIir entir$ty or in part under tf3

[rarnptions And for the reasons set forth below pursuant to 5 U.S C. 552(b) and 1 4

1. The withheld 'nformatior is properly classifed pursuant to Executive Order (EXEMPTION 11 4
2. The withheld informaten relates solely to the intomal personnel rules and procedures of NRC. (EXEMPTION 21 3.' The withheld informaten is specifically enempted from put*c disclosure by statute mdicated: (EXEMPTION 3)

Sections 141146 of the Atomic Energy Act which proNbsts the disclosure of Restricted Date or Formerly Restricted Data 142 U S C 216121666 Section 147 of the Atomic Energy Act wNch proNbits the disclosure of Unclassified Safeguaros Informaten 142 U $ C. 2167).

[The withheld information is a trade secret or commercial or fmancialinformation that is bemg withheld for the reason (s) moscated. (EXEMPTIOrd di The information is considered to be confidential busmess (proprietary) infoemation.

The information is considered to be proprietary information pursuant to 10 CFR 2.790tdH11.

The information was submitted and received in confidence pursuant to 10 CFR 2390tdH2).

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6. The withheld information consists of interagancy or intraagency records that are not available through d'acove'y dunM htigation (EREMPTION 6L Applicable Pnvilege:

Dehberstive Process Disclosure of predecisumalinformation would tend to mNbit the open and frank enchange of ideas essential to ihe deliberstive process.

Where records are withheld m their entirety, the f acts are oneatricably entertwined with the predecisional mformation. There also are no reasonably segregable f actual portions because the release of the f acts would permit an mdirect inquiry mto the predecasional process of the agency.

Attorney wortproGoct privilege (Documents prepared by asi ottorney m contemplation of htigation 1 Attorney -client privilege (Confidential communications between an attomey and Ns her client )

6 The withheid enformaten is esempted from pubhc disclosure because its disciosure would result m a clearly unwareented evasion af personal pnvecy. (EXEMPTION 61

7. The withheld information consists of records compiled for law enforcement purposes and sa being withheld for the reason (s) mdicated (EXEMPTION 7)

Disclosure could reasonably t*e expected to interfere with an enforcement proceedag because it could reveal the scope. direction, and focus of en-forcement of torts, and thus could possibly allow them to take action to SNeld potential weongdoing or a vnlation of NRC requirements leom mvestigators EXEMPflON 7 IAll Disclosure would constitute en unwarranted invasion of personal privacy (EKEMPTION 7(Cl)

The information consists of names of mdividuais and other information the disclosure of wNch could reasonabiy be enDocted to revealidentities of confidential sources (EXEMPTION 7101)

OTHER-PART lt. C-DENYING OFFICIALS Pursuant to 10 CFR 9 26(b) and>or 9 25 tc) of the U $ Nuclear Regulatory Commission regulations. it has been determmed that the mformation withheld is exempt from production or disclosure. and that its production or disclosure is contrary to the pubhc mierest The persons responsible for the denial sie those officials identified

- below as denymg officials and the Director. Division of Freedom of informaten and Pubhcations Services. Office of Admmistration and Resources Management. for any d;niats that may be appepted to the Executive Director for Operations (EDOl.

DENYING OFFICIAL TITLE / OFFICE RECORDS DENTED APPELLATE OFFICIAL E R. X%w, ALE

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M PART 11. D-APPEAL RIGHTS The denial by each denying officialidentified in Part II.C may be appealed to the Appellate Of ficial identifiere m that section. Any such appeal must be in writmg and must be made within 30 days of receipt of ttus response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commissen.

U.S. Nuclear Regulatory Commission, Washington. DC 20565. and should clearly state on the envelope and in the letter that it is an " Appeal f rom en initial FOlA Decisen."

NRC FORM 464 (Part 2)

U.S. NUCLEAR REGULATORY COMMISSION FOlA RESPONSE CONTINUATION

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.,,ii 4

Re: FOIA #//

APPENDIX A RECORDS TOTALLY WITHHELD NUMBER DATE' DESCRIPTION & EXEMPTION

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