IA-85-460, Responds to FOIA Request for SECY-85-80.Forwards Documents Listed on App.Documents Also Available in Pdr.App Documents Partially Withheld (Ref FOIA Exemption 5)

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Responds to FOIA Request for SECY-85-80.Forwards Documents Listed on App.Documents Also Available in Pdr.App Documents Partially Withheld (Ref FOIA Exemption 5)
ML20134E008
Person / Time
Issue date: 08/01/1985
From: Felton J
NRC OFFICE OF ADMINISTRATION (ADM)
To: Hamblett F
NEWMAN & HOLTZINGER
Shared Package
ML20134E011 List:
References
FOIA-85-460 SECY-85-80, NUDOCS 8508190538
Download: ML20134E008 (2)


Text

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o UNITED STATES 8' n NUCLEAR REGULATORY COMMISSION g a WASHINGTON, D. C. 20555

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a a as Mr. Frank S. Hamblett Newman & Holtzinger, P.C.

1615 L Street, NW IN RESPONSE REFER Washington, DC 20036 TO F01A-85-460

Dear Mr. Hamblett:

This is in response to your letter dated June 25, 1985, in which you requested, pursuant to the Freedom of Information Act (F0IA), a copy of SECY-85-80.

SECY-85-80, identified on the enclosed appendix, is being withheld in part.

The withheld portion contains the predecisional analyses, opinions, and rec-omendations of the Office of Investigations /0I) for the Commissioners' consideration on the adoption of proposed investigative policies. Because the document reflects the predecisional process between the Commissioners and 01, the document is exempt from mandatory disclosure pursuant to Exemption 5 of the F0IA, 5 U.S.C. 552(b)(5), and the Commission's regulations, 10 CFR 9.5 (a)(5). Release of this portion of the document would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. The enclosures to this document are being placed in the NRC Public Document Room located at 1717 H Street, NW, Washington, DC 20555, in file folder F01A-85-460 in your name.

Pursuant to 10 CFR 9.15 of the Commission's regulations, it has been detennined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary to the public interest. The person responsible for this denial is Mr. John C. Hoyle, Assistant Secretary of the Commission.

This denial may be appealed to the Secretary of the Commission within 30 days from the receipt of this letter. Any such appeal must be in writing, addressed to the Secretary of the Commission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal of an Initial FOIA Decision."

Sincprely, y

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' J / . Felton, Director 7 Division of Rules and Records Office of Administration

Enclosure:

As stated 8508190538 850801 PD9 FOIA HAMBLET85-460 PDR

, s, ec .i-Re: F0!A-85-460 APPENDIX DOCUMENT BEING WITHHELD IN PART

1. 03/06/85 SECY-85 Memorandum from Ben Hayes, Director, Office of Investigations, to the Commissioners,

Subject:

Investigation Policy on Rights of Licensee Employees Under Investigation.

(14 pages) [ Withheld Portion]

Enclosure 1 - Letter from Palladino to Silbert, dated 4/11/83.

(2 pages)

Enclosure 2 - Letter from Silbert to the Commission, dated 09/13/83. (31 pages)

Enclosure 3 - Letter from Trott to Palladino, dated 02/16/84.

(16 pages)

Enclosure 4 - OI Investigation Procedure Memorandum 82-010, undated. (1page) 1 1

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