ML19254E334
| ML19254E334 | |
| Person / Time | |
|---|---|
| Issue date: | 10/19/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Moffett T HOUSE OF REP., GOVERNMENT OPERATIONS |
| Shared Package | |
| ML19254E335 | List: |
| References | |
| NUDOCS 7910310459 | |
| Download: ML19254E334 (1) | |
Text
- pa nrog'o UNITED STATES
( ~g NUCLEAR REGULATORY COMMISSION i
M g
E WASHINGTON, D. C. 20555
- N%,Q {}-
U' October 19, 1979 Co /t A-CH AIR MAN The Honorable Toby Moffett, Chairman The Suh.'ommittee on Environment, Energy and Natural Resources Committee on Government Operations United States House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
I have received your letter of October 10, 1979 requesting a copy of the tran-script of the Commission's October 10 meeting on Legal Aspect. of Use of EPICOR-II at TMI. As your letter noted, the meeting was closed pursuant to exemption 10 of the Sunshine Act, 5 USC 552b(c)(10), because tne matters discussed speci-fically concerned the Commission's participation in two pe.1 ding civil actions, City of Lancaster v. NRC, No. 791768 (DDD and Susquehanna Valley Alliance
As the Sunshine Act permits in connection with such meetings, the Commissior, recorded its discussion in written minutes instead of a transcript, 5 USC 552b(f)(1), and so there is no transcript that can be made available to you.
The Cor:lission is prepared to maka available for review to you or to other members of your Subcommittee designated by you a copy of the minutes of the October 10, 1979 discussion as soon as the minutes have been prepared from notes taken at the meeting.
Co miissioner Ahearne would have preferred not to make thost cinutes available. At this time the Commission is not prepared to provide the Subcommittee with unrestricted access to those minutes.
The m;nute-involve tactical discussions of the Commission's legal position in pending litigation and their disclosure might significantly hamper the Commis-sion's ability to conduct an effective defense in that litigation.
The ability to def' nd itself in court is a fundamental attribute of an independent regulatory agency and so the Commission believes that, at this time, the minutes of the October 10 meeting fall in the very narrow category of documents which the Com-mission is not obliged to provide to Congress on request.
I bel' ave that the arrangements for access to the minutes proposed above are responsive to the needs of your Subcommittee while at the same time they protect the Cc~rnission's statutory right to represent its positions in court in the most effective manner possible.
If you have any further questions on this matter, please do not hesitate to call me.
D Sincerely, d
^
~
3 s
Joseph M. Hendrie
,q 7910310 N