IA-85-767, Responds to FOIA Request for Draft ACRS Rept on Palo Verde Nuclear Generating Station,Units 1,2 & 3, Per ACRS 851109 Meeting.Rept Withheld (Ref FOIA Exemption 5)

Responds to FOIA Request for Draft ACRS Rept on Palo Verde Nuclear Generating Station,Units 1,2 & 3, Per ACRS 851109 Meeting.Rept Withheld (Ref FOIA Exemption 5)

ML20154A579
Person / Time
Site:	Palo Verde
Issue date:	01/08/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Bottorff D OTTAWAY NEWS SERVICE, WASHINGTON, DC
References
FOIA-85-767 NUDOCS 8603040092
Download: ML20154A579 (1)

Text

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/ \o UMTED STATES

! NUCLEAR REGULATORY COMMISSION E. I wAswasaross, o. c. 2eens A*..../

JMM os an Ms. Dana Bottorff, Correspondent Ottaway News Service 815 15th Street, NW, Suite 628 IN RESPONSE REFER Washington, DC 20005 TO F0!A-85-767

Dear Ms. Bottorff:

This is in response to your letter dated November 15, 1985, in which you requested, pursuant to the Freedon of Information Act (F0IA), a copy of the

' draft report of the Saturday, Novcober 9,1985, meeting of the Advisory Conmittee on Reactor Safeguards (ACRS). In a telephone conversation with Natalie Brown of my staff on November 21, 1985, you stated that you were interested in the draft report on the Palo Verde nuclear power plant.

The three-page draft report to Chairman Palladinc entitled "ACRS Report on the Palo Verde Nuclear Generating Station, Units 1, 2 and 3," dated Novenber 9, 1985, 13 being withheld. The document contains the predecitional analyses, opinions and recomendations of the ACRS to the Comission. Release of the docuwnt wou?d ter.d to inhibit the open and frank exchange of ideas essential to the deliberative process. The docunent is exempt from mandatory disclosure pursuant to Exemption 5 of the FOIA, 5 U.S.C. 552(b)(5), and the Comission's regulations at 10 CFR 9.5(a)(5). The document does not cnntain any reasonably segregable factual portions becauee release of the facts would permit an indirect inquiry into the predecisional pr7 cess of the agency. The document is being withheld in its entirety.

Pursuant to 10 CFR 9.15 of the Comission's regulations, it has been deternined that the information withheld is exempt frnm production nr disclosure and that its production or disclosure is contrary to the public inte rest. The person responsible for this dental is Fr. John C. Hoyle, Advisory Committee Management Officer.

This denial may be appealed to the Secret.1ry of the C'w" mission withir 30 days from the receipt of this letter, Any cuch apoeal must be in writing, addressed to the Secretary of the Comissinti. U.S. Nuclear Regulatory Comission Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal frcm on Initial FO!A Decision."

$1ncerely,

/h J/ h Donnie H. Grinsley, Director Division of Rules and Pecords 960304009:2 860100 Office of Administration

-767 PDR QRMO

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